Backup Documents 05/09/2006 R
BCC REGULAR
MEETING
BACK-UP DOCUMENTS
May 9, 2006
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
May 9, 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. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
May 9, 2006
Page 1
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.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes - 5/0
B. April 12, 2006 - BCC/Collier County School Board Joint Workshop
Approved as presented - 5/0
C. April 13, 2006 - BCC/lmmokalee Initiative Workshop
Approved as presented - 5/0
D. April 17, 2006 - BCC/Vanderbilt Beach Road Extension Special Meeting
Approved as presented - 5/0
E. April 18, 2006 - BeC/EAR Special Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
May 9, 2006
Page 2
A. Advisory Committee Service Awards
Five Year Award
1) N. Rex Ashley, CPA for services on the Health Facilities Authority
Not Present to accept award
4. PROCLAMATIONS
A. Proclamation recognizing the Marco Island Historical Society and The
Founding Ladies of that Society for their accomplishments and continuing
efforts in the preservation of the history of the Marco Island Area. To be
accepted by: Cindy Anderson, Marco Island Historical Society President,
Joyce Martindell and Jackie Roseboom, daughter and granddaughter of the
late Carol Campbell, Founder and President, who are co-chairing the
Founders Tea, and Mary Lou Jankowski, daughter of the late Jane Hittler,
Founder and Community Leader of Marco. Jane Hittler gave the first $1000
to start the museum drive.
Adopted - 5/0
B. Proclamation recognizing May, 2006 as Mental Health Awareness Month to
be accepted by Petra Jones, Exec. Dir., The Mental Health Assoc. of Collier
County, Don Williams, Program Director and Roger Munz, President.
Adopted - 5/0
C. Proclamation designating May 15-19, 2006 as National Salvation Army
Week. To be accepted by eaptain Alejandro Castillo, Major Timothy
Roberts and Dr. Don Thomsen.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Isles of Capri fire Control and Rescue
District for the improved Insurance Services Office (ISO) rating within the
District.
Presented
6. PUBLIC PETITIONS
May 9, 2006
Page 3
A. Public Petition request by Tony Ferro to discuss Old 41 T Recycling Facility-
temporary conditional use permit request.
Presented and discussed
B. Public Petition request by Charles Lam to discuss median openings allowing
access to 70th Street SW.
Presented and discussed with Transportation Staff
C. Public Petition request by Mr. Jim Rice to discuss waiving address
ordinance to rename neighborhood park "Oakes Neighborhood Park".
To be brought back to next BCC meeting under consent section of 16A
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners adopt a
Resolution to apply the annual indexing adjustment, which equals a 4%
increase per land use category, to the Correctional Facilities Impact Fee rates
thereby amending the Correctional Facilities Impact Fee rate schedule,
which is Schedule Four of Appendix A of Chapter 74 of the Collier County
Code of Laws and Ordinances the same being the Collier County
Consolidated Impact Fee Ordinance, as amended, and provide for a delayed
effective date of June 12, 2006.
Resolution 2006-121 Adopted 5/0
B. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Schedule Six 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 eollier eounty School Impact Fee Update Study,
establishing the methodology for the annual indexing adjustment to the
Educational Facilities Impact Fee Rates, and providing for a delayed
effective date of June 30, 2006.
Ordinance 2006-21 Adopted w/changes 4/1 (Commissioner Henning
opposed)
May 9, 2006
Page 4
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Golden Gate Beautification Advisory
Committee.
Resolution 2006-117 Appointing Margaret Peggy Harris - Adopted 5/0
B. Appointment of member to the Affordable Housing Commission.
Resolution 2006-118 Confirmation of Larry Fleming representing the
City of Naples - Adopted 5/0
C. Appointment of member to the Utility Authority.
Resolution 2006-119 Re-appointing Robert C. Bennett w/waiver of term
limits - Adopted 5/0
D. Appointment of members to the Hispanic Affairs Advisory Board.
Resolution 2006-120 Re-appointing David Correa (w/waiver of term
limits) and James A. VanFleet and appointing Lily DeBliex and Gary D.
Holloway - Adopted 5/0
E. Discussion regarding waiving the $10 per hour fees for the Immokalee
Community Park meeting rooms for both the Immokalee Coordinating
Council and the Immokalee Civic Association as a valid public purpose
(Commissioner Coletta).
Approved - 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation for the Board of County Commissioners to formally adopt
a Strategic Plan. (Winona Stone, Assistant to the County Manager)
Approved w/changes - 4/0 (Commissioner Coletta absent)
B. Recommendation to award Bid Number 06-3957 for underground utility
supplies to Mainline Supply Co., Ferguson Enterprises, Inc., Coree! Co,
A&L Plumbing & Septic Supplies, Inc. and Hughes Supply Co. in the
anticipated amount of $2,500,000. (Jim DeLony, Administrator, Public
Utilities)
Approved - 4/0 (Commissioner Coletta absent)
May 9, 2006
Page 5
C. Receive and approve the Progress Report for the Year 2005, Collier County
Floodplain Management Plan, Section 7 of the Collier County Hazard
Mitigation Plan (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services)
Presented and discussed
D. Recommendation that the Board of County Commissioners consider the
alternatives for conducting hearings on, and making final decisions for,
variances and specified administrative review matters, and holding hearings
and making recommendations on conditional uses. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
Motion for Planning Commission to make decisions on Variance and
Conditional Use Petitions, with Administrative Appeals being heard by
the BCC - Failed 2/3 (Commissioner Coletta, Commissioner Coyle and
Commissioner Henning opposed)
E. Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide an update on the programs past activities, for soliciting
proposals and applications, and to approve the 4th Cycle Target Protection
Areas (TP A) mailing strategy (Joseph K. Schmitt, Administrator,
Community Development and Environmental Services)
Resolution 2006-122 Adopted - 4/1 (Commissioner Henning opposed);
Motion to approve update reports, soliciting proposals for applications
and the Cycle 4 TP A mailing strategy - Approved 5/0
F. Recommendation to adopt a resolution authorizing the fee simple and
easement acquisition of property by condemnation for the purpose of
constructing stormwater improvements to alleviate flooding in the East
Naples area known as Phase One of the Lely Area Stormwater Improvement
Project (LASIP). Fiscal Impact $1,838,000 (Project 511012) (Norman Feder,
Administrator, Transportation Services)
Resolution 2006-123 Adopted - 5/0
G. Recommendation to approve selection of Consul- Tech Construction
Management, Inc. a Qualified Firm, and award a eontract under ITN 06-
3583 "CEI Services for Collier County Road Projects", for Project No.
62081 "Santa Barbara Boulevard from Davis Boulevard to Copper Leaf
Lane" in the amount of $2,405,006. (Norman Feder, Administrator,
Transportation Services)
May 9, 2006
Page 6
Approved - 5/0
H. Recommendation to award a construction contract in the amount of
$1,975,530.87 to Energy Resources, Inc. and allocate $197,553.09 (10% of
the construction cost) for contingency purposes to dredge Haldeman Creek,
Project Number 510111, Bid No. 06-3960 and approve the necessary Budget
Amendment and approve a change order to Contract Number 01-3216
Haldeman Creek Restoration Project to Woods Hole Group, Inc. in the
amount of $264,074.00. (Norman Feder, Administrator, Transportation
Services)
Approved - 5/0
I. This item to be heard immediatelv followin!!: Item 14A. Recommendation
for the Collier County Board of County Commissioners (BCC) and the
Community Redevelopment Agency (CRA) to authorize the County
Manager or his designee to coordinate with all appropriate entities to secure
and structure a loan in an amount not to exceed $7,000,000 from a
commercial lender selected via RFP (Bank RFP) in order to purchase certain
real property within the Bayshore Gateway Triangle Community
Redevelopment Agency; direct the County Manager or his designee to
execute a commitment letter with the selected lender and to negotiate and
prepare for subsequent approval all required enabling documents to pledge
CRA funds as the loan repayment source; authorize the execution of the real
estate contract, authorize a Phase I survey, and authorize all necessary
budget amendments. (David Jackson, Executive Director,
Bayshore/Gateway CRA) (Companion to Item 14A)
Approved - 5/0
Moved from Item #16A13
J. Recommendation to approve an Access Request and Release form allowing
Roy DeLotelle of DeLotelle and Guthrie, Inc. to access Conservation Collier
lands, to approve the donation of in-kind consulting services for conducting
red-cockaded woodpecker studies and to authorize the Chairman to sign the
attached Access Request and Release form.
Approved - 5/0
Moved from Item #16E4
K. Recommendation to approve change order number one (1) to work order
number SCD-FT-05-01, under eontract 05-3850, Architectural Engineering
Services for the Collier County Government Center, for the design and
May 9, 2006
Page 7
construction services for the chiller plant expansion with Spillis Candela
DMJM in the amount of$339,920.00, and to approve Amendment #1 to
Contract 05-3850, which will increase the annual total initial compensation
for Work Orders issued to Spillis Candella, from $500,000 to $2,000,000.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Kenneth Thompson regarding various issues
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Added
B.
A.
This item to be heard at 2:00 p.m. Recommendation for the Collier County
Board of County Commissioners (BCC) and the eommunity Redevelopment
Agency (CRA) to authorize the County Manager or his designee to
coordinate with all appropriate entities to secure and structure a loan in an
amount not to exceed $7,000,000 from a commercial lender selected via
RFP (Bank RFP) in order to purchase certain real property within the
Bayshore Gateway Triangle Community Redevelopment Agency; direct the
County Manager or his designee to execute a commitment letter with the
selected lender and to negotiate and prepare for subsequent approval all
required enabling documents to pledge CRA funds as the loan repayment
source; authorize the execution of the real estate contract, authorize a Phase I
survey, and authorize all necessary budget amendments. (Companion to Item
101)
Approved - 5/0
Recommendation that the Community Redevelopment Agency (CRA)
approve the expenditure of up to $65,088.50 of Bayshore Gateway Triangle
Trust Funds from FY -06 Fund 187 budget, and to waive the competitive
process to permit and pave lime rock residential streets within the Bayshore
Gateway Triangle boundary.
Approved - 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
May 9, 2006
Page 8
A. Jim Mudd Re: Post Legislative Workshop in June, 2006
B. Jim Mudd "Straw Ballot Referendum" item regarding roads, etc. to be
placed on ballot scheduled for November, 2006
C. David Weigel regarding an agenda item relating to the Doerr and Nobel
lawsuit - item scheduled for May 23, 2006 BCC Agenda
D. Mike Pettit regarding a request from the County Attorney's Office for
a "Closed Session" meeting regarding: Brock vs. Ochoppee Fire District
(Case No. 04941-CA) and the BCC vs. Brock (Case No. 05953-CA)-
cases consolidated as Case No. 05-1506-CA
E. Donna Fiala regarding Eagle Lakes Community Park's hosting a
dancing waters interactive water play and a grand opening on May 20,
2006
F. Donna Fiala regarding the possibility of affordable housing being built
above strip malls
G. Commissioner Henning concerning affordable housing, agreement with
North Naples Fire Department, mileage rates and a rumor regarding his
plan to run for legislature
H. Commissioner Halas on Planning Commission's hearing decisions
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve an Interlocal Agreement identifying
responsibilities in a management partnership between Collier County
and the City of Marco Island for the Otter Mound Preserve.
As Detailed in the Executive Summary
2) Recommendation to approve for recording the final plat of "Valencia
Golf and Country elub Phase 2A", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
May 9, 2006
Page 9
3) Recommendation to approve the Release and Satisfaction of Code
Enforcement Liens for payments received.
4) Recommendation to approve for recording the final plat of eabreo at
Mediterra, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
5) Recommendation to approve final acceptance of the water utility
facility for Quail ereek County Club Golf Course Maintenance
Facility.
W /release of Utilities Performance Security Bond
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Delasol Phase One". The
roadway and drainage improvements will be privately maintained.
Resolution 2006-112 w/release of maintenance security
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Veronawalk Model Center.
W /release of Utilities Performance Security Bond
8) Recommendation to approve for recording the final plat of
"Reflection Lakes at Naples Phase 2E", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Veronawalk Phase lA".
The roadway and drainage improvements will be privately
maintained.
Resolution 2006-113 w/release of maintenance security
10) Recommendation to approve three budget amendments to create and
recognize a new Fund 111 cost center for the current budget year
named Operations Support and Housing (OSH) Grants.
May 9, 2006
Page 10
11) Recommendation to approve for recording the final plat of
"Veronawalk Phase 4A", approval of the standard form eonstruction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
12) Approve an Amendment No.2 of the FEMA Floodplain Mapping
Study Interlocal Agreement with the City of Naples to provide
funding for additional services requested by the Federal Emergency
Management Agency. (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services Division)
To provide sufficient analyses of the coastal storm parameters to
coastal flooding and surge
Moved to Item #10J
13) Recommendation to approve an Access Request and Release form
allowing Roy DeLotelle of DeLotelle and Guthrie, Inc. to access
Conservation Collier lands, to approve the donation of in-kind
consulting services for conducting red-cockaded woodpecker studies
and to authorize the ehairman to sign the attached Access Request
and Release form.
14) Recommendation that the Board of County Commissioners approve
the application by Advanced Medical Center, LLC for the Advanced
Broadband Infrastructure Investment Program and the Fee Payment
Assistance Program and approve a reimbursement of$126,742.68 of
Transportation Impact Fees paid related to the Site Development Plan
(SDP) for the specified project, in accordance with the provisions of
Section 10.02.07 of the Land Development Code (LDe), which will
instead be paid with budgeted Fee Payment Assistance Program funds
upon the execution of a binding Fee Payment Assistance Program
Agreement.
As Detailed in the Executive Summary
B. TRANSPORTATION SERVICES
1) Recommends Board's approval of Adopt-A-Road Agreements (5) for
the following: Christopher Realty, Laura Faustino eentury 21,
Stoney's Citrus Farms, Anchor Health Centers and Valle Professional
May 9, 2006
Page 11
Services
At no cost for these signs already exist
2) Recommendation to approve a declaration setting aside county-owned
lands for road right-of-way, drainage and utility facilities. (Fiscal
impact: $18.50) Project #60016
To construct an additional right turn lane on the east side of
Livingston Road
3) Recommendation to award Bid #06-3967 Davis Boulevard (SR 84)
Phase I (US 41 East to Airport Pulling) landscape installation to Vila
and Son Landscaping Corporation with a base amount of $136,684.1 0
and 10% contingency of$13,668.41 for a total of$150,352.51.
Awarded to Vila and Son Landscaping Corporation
4) Recommendation to approve a Budget Amendment for a Work Order
to PH&A, Inc. to provide Professional Services for the West Eustis
Ave. Stormwater Improvements in Immokalee in the amount of
$80,000.
Due to poor drainage conditions in the West Eustis Ave. area
C. PUBLIC UTILITIES
1) Recommendation to approve Change Order 3 to Contract 05-3766R
with Douglas N. Higgins, Inc. for the construction of a Pigging
Station for Immokalee Road 30-inch Force Main in the amount of
$12,142.71. Project 73943.
To allow for periodic cleaning of sediments and deposits so this
will avoid build-ups that may lead to sewer plugging and
overflows
2) Recommendation to authorize a Budget Amendment in the amount of
$60,000 for the construction and systems programming relating to the
South Collier Water Reclamation Facility SCADA Reliability
Improvements, Proj ect 72514.
To improve reliability, promote efficiency and meet regulatory
compliance
3) Recommendation to award Bid Number 06-3921 for the purchase of
anhydrous ammonia for use by the Water Department in the estimated
May 9, 2006
Page 12
annual amount of $100,000 to Tanner Industries, Incorporated.
To treat the water in order to meet all State and Federal
requirements
4) Recommendation to approve the sole source purchase of cartridge
filters from the George S. Edwards Company in the estimated amount
of $900,000.
To ensure reliability of and to produce water at full capacity to
meet the water demands of residents
5) Recommendation to award Work Order BE-FT-3785-06-04 with
Boyle Engineering Corporation, for professional services for the
Henderson Creek Potable Water System Rehabilitation in the amount
of $180,280 - Project Number 71010.
Due to the potable water system throughout the Water District
not being up to current standards
6) Recommendation to approve a contract amendment with the South
Florida Water Management District to participate in the surface water
monitoring for the Picayune Strand Hydrologic Restoration in the
amount of $40,000.
For sampling of seven (7) surface water sites
7) Recommendation to approve an amendment to the external auditing
contract, 03-3497 Auditing Services for eollier eounty between
KPMG, LLP and Collier County, in an amount not to exceed $87,453
for the purpose of performing an Internal Control Review and Risk
Assessment of the Public Utilities Divisions core processes for billing,
receipting, recording and safeguarding revenue generated from the
utility enterprise activities conducted within the Division.
As Detailed in the Executive Summary
8) Recommendation to execute a potable water bulk services agreement
between the Collier eounty Water-Sewer District and the City of
Marco Island in order to provide long term potable water services to
the Hammock Bay water service area.
D. PUBLIC SERVICES
May 9, 2006
Page 13
1) Recommendation that the Board of County Commissioners authorize
the use of$71,943 from the Human Services Department to be used as
a part of a local match requirement to obtain State and Federal
funding to continue operation of the Horizons Primary eare Clinic in
the Golden Gate area.
Located at 5262 Golden Gate Parkway
2) Agreement Between Collier eounty and the Collier County Sheriffs
Office to Designate Collier County Domestic Animal Services in
Charge of Managing the Sale and Disposition of Impounded Animals
and Animals Found in Distress Pursuant to Chapter 588 and Chapter
828, Florida Statutes, and S 14, Article II, Code of Laws and
Ordinances of Collier eounty, Florida Statutes.
3) Recommendation to approve the creation of a Program Leader-Sports
Coordinator position to be split funded by the Tourism and Parks and
Recreation Departments.
To promote off-season tourism through hosting athletic
tournaments at North Collier Regional Park
4) This item continued from the April 25~ 2006 BCC Meetine:.
Recommendation that the Board of County Commissioners Approve a
Memorandum of Understanding with the School District of eollier
County to Provide for Employee Screening in Compliance with the
Jessica Lundsford Act.
As Detailed in the Executive Summary
5) Recommendation to approve purchase of furnishings for the Senior
Center addition to East Naples Community Center in the amount of
$48,516.33 from Office Furniture and Design Concepts.
6) Recommendation to approve a Letter of Understanding and Fee
Schedule with Muller- Thompson and Naples Funeral Homes for
indigent burial services.
To provide burial services to indigent Collier County residents for
a two (2) year period
E. ADMINISTRATIVE SERVICES
May 9, 2006
Page 14
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1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
To enable the Board to oversee the execution of administrative
change orders and changes to work orders for the period from
March 17, 2006 through April 14, 2006
2) Recommendation to approve Amendment No.6, for the Design of the
Courthouse Annex (fourth floor),to update the County Complex
Master Plan, to specify furniture & furnishings for the Annex and
provide a fire sprinkler design for the annex parking garage to
Contract # 00-3173 with Spillis Candela DMJM in the amount of
$280,560.00. (Projects 52533 and 52010)
As Detailed in the Executive Summary
3) Recommendation to approve Amendment No. 01 to the Agreement
with Collier County District School Board for the Driver Education
Grant Program.
For summer driving school and supplies and new equipment
needed to provide equity for all programs within the district
Moved to Item #10K
4) Recommendation to approve change order number one (1) to work
order number SCD-FT-05-01, under Contract 05-3850, Architectural
Engineering Services for the Collier eounty Government Center, for
the design and construction services for the chiller plant expansion
with Spillis Candela DMJM in the amount of $339,920.00, and to
approve Amendment #1 to Contract 05-3850, which will increase the
annual total initial compensation for Work Orders issued to Spillis
Candella, from $500,000 to $2,000,000.
As Detailed in the Executive Summary
F. COUNTY MANAGER
1) Award RFP 06-3902, Fixed Term Professional Engineering Services
for Coastal Zone Management Projects to Humiston & Moore
Engineers and eoastal Planning & Engineering, Inc. in an estimated
annual amount of $1 ,000,000.
To provide coastal zone management assistance
May 9, 2006
Page 15
2) Recommendation to recognize the increase in Consultant Fees for the
Medical Director of Emergency Medical Services in the amount of
$25,000 due to added scope of responsibilities as well as the annual
five percent (5%) increases as described in the Emergency Medical
Services Medical Consultant Contract, which were approved by the
Board through the annual budget process.
3) Recommendation to approve the renewal of a one-year contract with
HealthStream, Inc. to provide Distance Learning Software for Collier
eounty Emergency Medical Services at a cost of $28,080 and to
approve a Budget Amendment to transfer funds in Fund 490,
budgeted as a capital expense, to an operating account.
To develop meaningful educational opportunities without having
to work with third party vendors
4) Recommendation to approve the hiring of twenty-eight (28) new
paramedics in the Emergency Medical Services Department and to
approve a Budget Amendment to fund those hires at a cost of
$469,756.
Each new station requires a staff of seven paramedics
5) Recommendation to award Bid #06-3974 for the purchase of
emergency medications to Alliance Medical, Boundtree Medical, Sun
Belt Medical and Tri-Anim Health Services for the Emergency
Medical Services Department for an estimated cost for FY 06 of
$60,700.
To procure emergency medications from the lowest qualified and
responsive bidders
6) Approve budget amendments. (#06-242)
7) Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of $128,300 for personal services,
operating expenses and capital outlay to provide startup funds for the
North eollier Government Services eenter.
As Detailed in the Executive Summary
8) Recommendation to adopt a joint resolution with Charlotte, Collier,
Hendry and Lee Counties in support of a Sister Region partnership
with the eity of Yantai, Shandong Province, China to promote
May 9, 2006
Page 16
economic development, friendship and cooperation.
Resolution 2006-114
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Florida Association of Counties 77th Annual Conference and
Educational Exposition in Marco Island, Florida. $402.00 to be paid
from Commissioner Halas' travel budget for hotel accommodations
for 3 nights.
Located at the Marco Island Marriott Resort and Spa - June 27 -
30,2006
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Lt. General Garner Luncheon on March
30,2006 and is requesting reimbursement in the amount of$25.00, to
be paid from his travel budget.
Located at The Collier Athletic Club, Naples
3) Commissioner Fiala requests Board approval for reimbursement for
attending The Greater Naples Chamber of Commerce 3rd Annual
Distinguished Public Service Awards serving a valid pubic purpose on
Wednesday, April 19th, 2006 at the Hilton Hotel in Naples, Florida;
$20.00 to be paid from Commissioner Fiala's travel budget.
To recognize emergency management service efforts in Collier
County
4) Commissioner Fiala requests Board approval for payment for
attending an upcoming function serving a valid public purpose.
Scheduled to attend The 2006 Tourism Week Celebration Sand Dollar
Awards Luncheon at Naples Grand Resort & Club, Naples, Florida on
May 19th, 2006 at 12:00p.m.; $25.00 to be paid from Commissioner
Fiala's travel budget.
To participate in the celebration and recognition of tourism effort
in Collier County
May 9, 2006
Page 17
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Recommendation to Approve an Agreed Order for Expert Fees and
Costs Relating to the Acquisition of Parcels 106 and 806 in Collier
County v. Tree Plateau Co., Inc., et al., Case No. 03-0519-eA,
Immokalee Road Project #60018. (Fiscal Impact: $12,487.50).
2) Recommendation to Approve an Agreed Order for Attorneys Fees
Relating to the Acquisition of Parcel 150 in Collier County v. April
Circle, Ltd., et al., Case No. 04-3679-CA, Immokalee Road Project
#66042. (Fiscal Impact: $3,510.00)
3) Recommendation to approve the Offer of Judgment in the amount of
$17,700.00 as to Parcel 144 in the lawsuit styled Collier County v.
Thomas A. Torrella, et al., Case No. 04-393-CA (Vanderbilt Beach
Road Project No. 63051). (Fiscal Impact $3,900.00)
4) Recommendation that the Board of County Commissioners Authorize
the County Attorney's Office to Make a Business Damage Counter-
offer to Settle a Claim for Business Damages by J.S. Roath Corp.
Resulting from the Acquisition of Parcels 860 and 960 in the ease
Styled Board of County Commissioners v. J.s. Roath Corp., et al.,
Case No. 05-1093-CA (SCRWTP RO Wellfield Expansion Project
No. 70892) (Fiscal Impact, if accepted, is $16,500.00)
5) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Salkiewicz v. Howe, et al., filed in the
Twentieth Judicial Circuit In and for Collier eounty, Florida, ease
No. 05-1606-CA, for $2,000.00.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
May 9, 2006
Page 18
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to approve Petition A VESMT -2005-AR-7656 to disclaim,
renounce and vacate the County's and the Publics interest in a 10 foot utility
easement located in the Meadows at Quail Creek Village, Section 20,
Township 48 South, Range 26 East and recorded in O.R. Book 1457 Page
1492, Public Records of Collier County, Florida and accept a 10 foot wide
utility easement over the existing force main.
Resolution 2006-115
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDA-2005-
AR-8745 Curtis Gunther of 11 Regalo, LLC, requesting a PUD Amendment
for Carlisle Regency PUD. The PUD Amendment proposes to allow for a
two-story single-family or two-family home as a replacement for the current
one-story single-family or two-family home. The amendment is also
requesting to revise the ownership of the PUD. The subject property consists
of 11.7 acres and is located on the south side of Orange Blossom Drive,
immediately east of Yarberry Lane, in Section 2, Township 49 South, Range
25 East, Collier County, Florida.
Ordinance 2006-20
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: CU-2005-AR-
8081 (eV) La Playa Golf Club LLe, represented by Fred Reischl, Alep, of
Agnoli, Barber & Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel
& Andress, is requesting a conditional use allowed per LDC Section 2.04.03
of the RSF -3 (Residential Single Family) zoning district for a Golf Course
Maintenance Facility. This proposed conditional use will permit a
reconfiguration of the site and construction of a new maintenance structure.
May 9, 2006
Page 19
The subject property, consisting of2.5 acres, is located at 220 Cypress Way
East, in Section 24, Township 48 South, Range 25 East, Collier County,
Florida.
Resolution 2006-116
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
May 9, 2006
Page 20
4A
PROCLAMA TION
WHEREAS, the Marco Island Historical Society would like to honor the vision of thirty- three
women who met in May of 1994 to establish a historical society for the collection,
preservation and documentation of the Marco and Collier County unique historical
and archaeological artifacts and information: and,
WHEREAS, the vision of these women has led to contributions to the County and Southwest
Florida of a magnitude worthy of special recognition by the County: and,
WHEREAS, in 1995 the Marco Island Historical Society took the lead in co-sponsoring an
archaeological dig in Old Marco adjacent to the site of the Pepper-Hearst
Excavation 8CR-48, and whose efforts were of such a magnitude that the County
recognized them by proclamation: and,
WHEREAS, the Marco Island Historical Society has successfuily secured the loan of the
Smithsonian Institution s panther lion god, America s national treasure otherwise
known as the Key Marco Cat, for display at the Collier County Museum of Naples in
1995 and again at the Citizens Community Bank of Marco Island in the year 2000:
and,
WHEREAS, the Marco Island Historical Society was instrumental in helping preserve two
historic sites in Collier County: the Church of God, which was the first church on
Marco Island, and the Otter Mound Park property, one of the few remaining
archaeologically and anthropologically significant sites which is owned by Collier
County: and,
WHEREAS, the vIsIon of these women has progressed to the point that the Marco Island
Historical Society is leading a community effort to build a county museum and
cultural center on Marco Island to preserve the history and heritage of Collier
County recognizing its unique place in history.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the
Marco Island Historical Society and The Founding Ladies of that
Society
be recognized for the accomplishments and continuing efforts in the preservation
of the history of the Marco Island Area.
DONE AND ORDERED THIS 9th Day of May, 2006.
BOARD OF COVNTY COMMISSIONERS
COLLIER COVNTY, FLORIDA
h.'~.::;.:.--:-""';:.. -
~."--;;..-:~,,-,...--
. " .
_____.~:w: ( _.~..-'
,:;1"" ~
--~
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FRANK HALAS, CHAIRMAN
A TrEST:
r--- .
:, , " \\.. ~ ,/'" \ r-..
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~'4'~~k,q'f-t'" .
DWIGHT E: BROCK, CLERK
....~.,._-----~-;..~"'---,-".,"'''.--''~~"._",._--,-,;--'''',.."""'""~,,_.
48
PROCLAMA TION
WHEREAS, mental health is essential to everyone s overall physical health and
emotional well-being; and,
WHEREAS, mental Illness will strike one in five adults and children in a given year,
regardless of age, gender, race, ethnicity, religion or economic status;
and,
WHEREAS, people who have mental Illnesses can recover and lead full, productive lives;
and,
WHEREAS, an estimated two- thirds of adults and young people who have mental
health disorders are not receiving the help they need; and,
WHEREAS, the cost of untreated and mistreated mental Illnesses and addictive
disorders to American businesses, governments and families has grown to
$113 billion annually; and,
WHEREAS, community-based services that respond to individual and famIly needs are
cost-effective and beneficial to consumers and the community; and,
WHEREAS, the National Mental Health Association, the Mental Health Association of
Southwest Florida and its national partners observe Mental Health
Awareness Month every May to raise awareness and understanding of
mental health and Illness.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida that May, 2006 be proclaimed as
Mental Health Awareness Month
and that we call upon the citizens, government agencies, public and private
institutions, businesses and schools in Collier County, Florida to recommit
our community to increasing awareness and understanding of mental health,
and the need for appropriate and accessible services for all people who
have mental Illnesses.
DONE AND ORDERED THIS 9th Day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
(" ---,.-..,-
"-..-.;'.-..,.
~
- _.~- 'Q:.-.
<"~'-
FRANK HALAS, CHAIRMAN
A TrEST:
~<!~
DWZGH . . BROCK, CLERK -'....
4C
PROCLAMA TION
WHEREAS, The Salvation Army is motivated by a love of God and a love for
mankind,' and,
WHEREAS, The Salvation Army serves as a symbol of compassion, and an
active participant in the provision of services to thousands of
men, women, and children in Collier County; and,
WHEREAS, The Salvation Army Naples Corps provides spiritual counseling and
basic human necessities to the needy and hurting on a daily
basis,' and,
WHEREAS, The Salvation Army has touched the lives of so many by
providing programs and services to residents for more than 20
years; and,
WHEREAS, The Salvation Army was a vital partner in emergency disaster
service after Hurricanes Katrina, Dennis, Rita and Wilma; and,
WHEREAS, The Salvation Army provides its services with compassion to all
people in need without discrimination.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that May 15-19, 2006, be designated
as
National Salvation Army Week
and urge all citizens to join us in honoring the dedicated officers,
employees, volunteers and supporters of
The Salvation Army.
DONE AND ORDERED THIS 9th Day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/'""
,.-.".... ,/_ .M'_ ~_ .+
-:;"".._,
FRANK HALAS, CHAIRMAN
~."EST: .
. ~".c!~
DWIGHT E. BROCK, CLERK
-_.~._--_.,...._._-".-
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~ \ -=:> a'" Sv- "'^- "'" ~ V' ~ 'Re """'- v-- kJ: mf!- 5 ~~
-L-I~~S - A 5 Ii
Chairman Halas, Commissioners, Good Morining for
the record, I am Dan Summers, Director of the
Bureau of Emergency Services.
I am as proud this morning to be part of this special
recognition as a Coach whose team has won a
major championship.
The recent inspection by the Insurance Services
Office of the Isles of Capri Fire Department resulted
in substantial improvement in their fire protection
ranking from a class 9 department to a Class 4.
This substantial rating increase will allow
homeowners to enjoy a discounted rate on their
basic fire policy for their single family home and
additional discounts for commercial structures.
The Insurance Services Organization has reported
to us that this rate change will be effective on August
1 st of this year.
This effort is indeed a partnership with efforts from
the Bureau of Emergency Services, Purchasing,
Management and Budget, and Public Utilities
Division whose support with fire flow and hydrant's
contribute to the improved rating...
5/q f Db
::#:511
CeR)
Commissioners, I would request that award the 5 A
Plague and Mr. Chairman any additional comments.
Chief Rod Rodrigueze and Assistant Chief Alan
McClaughlin.. will accept this award on behalf of the
men and women at Isles of Capri.
Thank you.
May 8, 2006
ik'c t2 ,:)lil((~
r+e-m lO IT
erR)
6A
Collier County Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112 -3969
PETITION
Dear Commissioners:
We, the undersigned, hereby petition the Collier County Board of County Commissioners to prevent
the elimination of the median openings allowing access to our homes on 70th Street SW as part of
planned improvements to the Golden Gate Parkway/Livingston Road intersection by the Transportation
Engineering & Construction Management (TECM) Department of the Collier County Transportation
Division.
The median openings are to be eliminated as part of the planned extension of the outer southbound left
turn lane onto Livingston Road in anticipation of increased traffic volume. In a letter dated April 12,
2006, the director of the TECM Department recognizes that the existing left turn lanes are not currently
being fully utilized. Please wait to see if there will be an issue before making a change that would so
significantly affect not only our convenience but also our safety.
Elimination of the median openings without the installation of a traffic light would result in the creation
of a dangerous situation. Completing an unprotected V-turn and merging across three lanes of what
will be one of the busiest arterial roads in Collier County will be significantly more difficult than
simply crossing onto 70th Street SW from the median. There has already been one fatal car crash where
we would have to complete this unprotected V-turn.
Should the elimination of the median openings continue as planned, we, the undersigned, petition the
Collier County Board of County Commissioners to effect the installation of traffic lights at the
intersection of Golden Gate Parkway and 68th Street SW to allow for protected V-turns for eastbound
traffic along Golden Gate Parkway before any change in the median is allowed.
The most basic function of government is to protect public health and safety. We have been
unsuccessful in our communications with the Transportation Division. We turn to you, our publicly
elected officials, to act. The Board of County Commissioners has the specific authority to change
county roads and structures by resolution, granted by Florida Statute and referenced under Chapter 110
of the Collier County Ordinances.
We urge you to expeditiously grant our petition to keep our median openings.
Sincerely,
Concerned Residents of 70th Street SW
(please see attached signatory sheets)
Volunteer Contact: Dan Carter 2670 70th Street SW (239) 514-4484
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May 8, 2006
6A
Collier County Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112 -3969
PETITION
Dear Commissioners:
We, the undersigned, hereby petition the Collier County Board of County Commissioners to prevent
the elimination of the median openings allowing access to our homes on 70lh Street SW as part of
planned improvements to the Golden Gate Parkway/Livingston Road intersection by the Transportation
Engineering & Construction Management (TECM) Department of the Collier County Transportation
Division.
The median openings are to be eliminated as part of the planned extension of the outer southbound left:
turn lane onto Livingston Road in anticipation of increased traffic volume. In a letter dated April 12,
2006, the director of the TECM Department recognizes that the existing left turn lanes are not currently
being fully utilized. Please wait to see ifthere will be an issue before making a change that would so
significantly affect not only our convenience but also our safety.
Eliminati6H t)f tHe mooialLopen i 11gs..wi1hD.ut~.1at-ioa.,of..a-trafficjig.htwou1d;oesuk1n:' th~qt~ati on
of-a dangcrom situation. Completing an unprotected U-turn and merging across three lanes of what ""
will be one of the busiest arterial roads in Collier County will be significantly more difficult than
simply crossing onto 70th Street SW from the median. There has already been one fatal car crash where
we would have to complete this unprotected U-turn.
Should the elimination of the median openings continue as planned, we, the undersigned, petition the
Collier County Board of County Commissioners to effect the installation of traffic lights at the
intersection of Golden Gate Parkway and 68th Street SW to allow for protected U-turns for eastbound
traffic along Golden Gate Parkway before any change in the median is allowed.
The most basic function of government is to protect public health and safety. We have been
unsuccessful in our communications with the Transportation Division. We turn to you, our publicly
elected officials, to act. The Board of County Commissioners has the specific authority to change
county roads and structures by resolution, granted by Florida Statute and referenced under Chapter 110
of the Collier County Ordinances.
We urge you to expeditiously grant our petition to keep our median openipgs.
\
\
Sincerely,
,
I
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(239) 514-4484
,/-i
Concerned Residents of70lh Street SW
(please see attached signatory sheets)
V olunteer Contact: Dan Carter 2670 70th Street SW
6A
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
8A
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
D Other:
**********************************************************************************************************
Originating Deptl Div: CDES/ Impact Fee Administration
Person: Amy Patterson Date: April 24, 2006
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. May 9,2006
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common location & Size:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE
ORDINANCE, AS AMENDED, THEREBY INCREASING THE CORRECTIONAL FACILITES IMPACT FEE
RATES BY 4 PERCENT PER LAND USE CATEGORY IN ACCORDANCE WITH THE ADOPTED
INDEXING METHODOLOGY; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE FOUR OF
APPENDIX A; PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 12, 2006.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? DYes D No
If Yes, what account should be charged for advertising costs: 131-138902-649100
r!J1/0b
Date
List Attachments: 1. Ordinance Amendment
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
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.
***********************************************************************************************************
FOR CLERK'S OFFICE US~ I?!!r~: -I I
Date Received: ~ Date of Public hearing: " q oft,
Date Advertised: #
'II
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THE SAME BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS
AMENDED, THEREBY INCREASING THE CORRECTIONAL
FACILlTES IMPACT FEE RATES BY FOUR PERCENT (4%) PER LAND
USE CATEGORY IN ACCORDANCE WIm THE ADOPTED INDEXING
METHODOLOGY; THE PROPOSED RATES SPECIFIED IN REVISED
SCHEDULE FOUR OF APPENDIX A; PROVIDING FOR ADELA YED
EFFECTIVE DATE OF JUNE 12, 2006.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 20ot-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superceding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on September 27, 2005, the Board of County Commissioners adopted
Ordinance No. 2005-47, thereby updating the Correctional Facilities Impact Fee and amending
Schedule Four of Appendix A of Chapter 74 of the Code, thereby establishing the current
Correctional Facilities Impact Fee rates and adopting the indexing methodology to be utilized for
fee adjustments in the two years between formal update studies; and
WHEREAS, on April 11, 2006, the Board of County Commissioners adopted Ordinance
No. 2006-15 to allow for the annual indexing adjustments to the Correctional Facilities Impact
Fee rates "on or about May 1, 2006" in order to meet the terms of provisions in proposed
legislation that will allow for impact fees adopted prior to July 1, 2006, to remain in effect until
July 1, 2008, at which time they must fully comply with all new provisions of law; and
WHEREAS, the Correctional Facilities Impact Fee rate indexing was calculated based
on the change in the Building Cost Index, provided by the Engineering News-Record for the
most recent period available and in accordance with the adopted indexing methodology; and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serye new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, this action will allow Collier County to continue to provide for capital
improvements to the Correctional Facilities system necessitated by growth.
~ text is added; SlIo.l, lluaagh text is deleted
Page 1 of 3
8 ",'
i
I';
WHEREAS, this application of indexing adjustments provides for a four percent (4%)
increase in the Correctional Facilities Impact Fee rates; and
WHEREAS, staff has thoroughly reviewed the calculations and findings and staff
concurs with the recommended increase to the Correctional Facilities Impact Fee rate schedule,
and staff recommends that the Board of County Commissioners adopt this Resolution to
implement these recommended changes; and
WHEREAS, the Board of County Commissioners accepts the recommendations from
staff.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby declares, after advertised public hearing,
that the Road Impact Fee rates set forth in the revised Schedule Four of Appendix A of
Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the
same being Schedule One of Appendix A of Chapter 74 of the Collier County Code of Law and
Ordinances, attached hereto, and incorporated by reference herein as Exhibit "A," are fair and
reasonable and are to be assessed to those who receive or will receive benefits from correctional
facilities, which are necessitated by increased population and related growth driven development.
BE IT FURTHER RESOLVED that these revised Correctional Facility Impact Fee
rates will take effect as of Monday, June 12,2006.
This Resolution is adopted after motion; second and majority vote favoring adoption this
day of May, 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRANK HALAS, Chairman
A proved as to form
1 fficiency:
--":::-~
,
y 1\\ Klatzkow,
t~,t founty Attorney
\j
~ text is added; at...1< IlH.Ugft text is deleted
Page 2 of 3
'.,
APPENDIX A
SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE RATE
SCHEDULE
Land Use
Correctional Facilities Impact Fee per Square Foot
Single-Family Detached
~$0.1067 per square foot*
Other Residential/Nursing Home
~ per square foot**
Non-Residential:
Lodging
HoteV Motel
~$0.3l94 per square foot
Medical
Hospital
~$0.3390 per square foot
Commercial
Office
~$0.22l7 per square foot
RetaiVCommerciallRecreation
~$O.5643 per square foot
RestaurantlBar /Lounge
~$0.5643 per square foot
Industrial /Manufacturing
~ per square foot
Leisure/Outdoor
~$0.5643 per square foot
Institutions
Church
~per square foot
SchooVCollege
~$0.744l per square foot
Government/public buildings
~$0.2428 per square foot
* The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living area)
Single-Family Detached dwelling unit.
** The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living
area) Other Residential dwelling unit. The cap does not apply to the square footage of Nursing Homes.
~ text is added; Saook IIlroogll text is deleted
Page 3 of3
8' $
April 25, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Correctional Facilities Impact Fee Rates
Dear Legals:
Please advertise the above referenced notice on Friday, April 28, 2006, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Heidi R. Rockhold,
Deputy Clerk
P.O./Account # 131-138902-649100
\ ,.;5
lD
~1
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, May 9, 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.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, THEREBY INCREASING THE
CORRECTIONAL FACILITIES IMPACT FEE RATES BY FOUR PERCENT (4%) PER LAND USE
CATEGORY IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY; THE PROPOSED
RATES SPECIFIED IN REVISED SCHEDULE FOUR OF APPENDIX A; PROVIDING FOR A
DELAYED EFFECTIVE DATE OF JULY 12, 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 Chairl 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)
8......
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"
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Tuesday, April 25, 2006 9:33 AM
'Iegals@naplesnews.com'
Correctional Facilities Impact Fee Rates
Attachments:
Impact Fee Correctional Facilities 2.doc; Impact Fee Correctional 2.doc
Legals,
Please advertise the above mentioned notice on Friday, April 28, 2006.
Impact Fee Impact Fee
Correctional Facili.. .:orrectional 2.doc ..
If you have any questions, please call.. Thanks
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi .rockhold@clerk.collier.fl.us
1
Heidi R. Rockhold
8'"
i
_ r.
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, April 25, 2006 9:33 AM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT3009793.txt; Correctional Facilities Impact Fee Rates
r!:'1
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L-::-J
ATTI009793.txt
(231 B)
Correctional
Facilities Impact...
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
\.:.). ,,' .)
,. r-~~.:~
'- iJ i
Heidi R. Rockhold
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, April 25, 2006 9:33 AM
Heidi R. Rockhold
Delivered: Correctional Facilities Impact Fee Rates
Attachments:
Correctional Facilities Impact Fee Rates
r~/1
L::.J
Correctional
Facilities Impact...
<<Correctional Facilities Impact Fee Rates>> Your message
To: legals@naplesnews.com
Subject: Correctional Facilities Impact Fee Rates
Sent: Tue, 25 Apr 2006 09:33:24 -0400
was delivered to the following recipient(s):
legals on Tue, 25 Apr 2006 09:33:27 -0400
1
Correctional Facilities Impact Fee Rates
Page 1 of 1
8
Heidi R. Rockhold
From:
Sent:
To:
Perrell, Pamela [paperrell@naplesnews.com]
Tuesday, April 25, 2006 10:26 AM
Heidi R. Rockhold
Subject: RE: Correctional Facilities Impact Fee Rates
OK
-----Original Message-----
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us]
Sent: Tuesday, April 25, 20069:33 AM
To: legals@naplesnews.com
Subject: Correctional Facilities Impact Fee Rates
Legals,
Please advertise the above mentioned notice on Friday, April 28, 2006.
<<Impact Fee Correctional Facilities 2.doc>> <<Impact Fee Correctional 2.doc>>
If you have any questions, please call.. Thanks
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi .rockho ld@clerk.collier.fl.us
4/25/2006
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
eounty of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that they
serve as the Editor ofthe Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on April 28th, 2006
times in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
pUbuE~
( Signature of affiant)
Sworn to and subscribed before me
TWS28~ ~~
(Sig" fn~~ ~uc) .
~';, 1)
, t J\k4"1tt ~ ,"',I... I'
i r' ~ . : MY COMMI~"S10N ," '
~ ,,/ :... }ul~r 'f: 7t 'j
.:' \. " r;Jh1>fD it{: >l! Tt;,'~y ..
4,
:-'~~'''l'I-..t<'::''''''~''''""""".I!".,_...,", "..
NOTrCEOF
PUBLIC HEARING
Notice is hereby glV,en
that the Board of CountY
Commissioners of cor.
lIer County will hold a
public hearing on Tues.
Clay. May 9. 2006, In the
Boardroom, 3rd Floor.
Administration Building,
Collier County qovern.
ment Center. 3301 East
Tamlaml Trllll. Naples.
Florida. The meeting
will begin at 9:00 A.M.
A RESOLUTION Of THE I
BOARD Of COUNTY
C.OMMISSIONERS OF
COLLIER COUNTY,
FLORIDA, AMENDING
SCHEDULE FOUR OF AP.
PENDIX A OF CHAPTER
74 OF THE COLLIER
COUNTY CODE Of LAWS
AND ORDINANCES. THE
SAME BEING THE COL,
LIER COUNTY CONSOLI.
DATED IMPACT FEE OR'I
DINANCE.AS AMENDED,
THEREBY INCREASING
THE-CORRECTIONAL FA.,
CILITlES IMPACT FEE!
RATES BY FOUR PER.
CENT (4%) PER LAND
USE CATEGORY IN
ACCORDANCE WITH THE
ADOPnP-INDEXING
METHODOLOGY; THE
PROPOSED RATES
SPECIFIED IN REVISED
SCHEDULE FOUR OF Ap.
PENDIX A; PROVIDING
FOR A DELAYED EFFEC-
TIVE DATE OF JULY 12,
2006.
NOTE: All Persons wish.
ing to speak on any
agenda item must regis-
ter with the County Ad.
mlnlstrator frlor to pre-'
sentatlon 0 the agenda I
Item to be addressed, I
Individual speakers will
be limited to 5 minutes
on any Item. The selec-
tion of an individual to
speak on behalf of an
organization or group Is
encouraged. If recog-
nized by the Chair, a
spokesperson for a
group or organization
may bl\ allotted 10 min-
utes to speak on an
Item.
Persons wishing to
have written' or graphic
materials Incluoed in
the Board agenda pack-
ets'must submit said
material a minimum of 3
weeks prior to the reo
spectlve publiC hearing. \
In any case. written ma.
terlals Intended to be
considered by the Board
shall be~mlttadAo
the appropriate County
staff a minimum of sev-
I\n days prior to the
public hearing. All ma-
terial used in presenta-
tions before the Board
will become a perma-
nent part of the record.
Any person who decid-
es to appeal a decision
of the' Board will need a
record of the proceed,
Ings pertaining thereto
and therefore, may
need to ensure that a
verbatim record of-the
proceedings Is made.
which record Includes
the testimony and ev i-
dence upon which the
appeal Is based.
BOARD OF COUNTY
COMMISISONERS
COLLIER COUNTY.
FLORIDA
fRANK HALAS, CHAIR.
MAN
DWIGHT E. BROCK,
CLERK
By: Heidi R. Rockhold,
oeputy Clerk
(SEAL)
Apr. 28 No. 1372884
Naples Daily News
Naples, FL 34102
.'
~ \
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
59232548
131138902649100
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 04/28 04/28
AD SPACE: 116.000 INCH
FILED ON: 04/28/06
~:~~::~~:-~~~~~~::~:--~-~~~~-~----+-------~~~~~~~----------
. .s A-~
Sworn to and Subscribed before me th'~ day of
. ~7
Personally known by me
bf,~
;'\:;':J,::t, (I DD21lla,1 iOOlIllES
);J!~/13, 2007
'.: ;~';IHr;:)yl'l\1lt~1lIIC
,.' ....~
,
,
ZU/ 20..t:J 0
-~
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"j
NOTICE OF
PUBLIC HEARING
Notice is hereby given
that the Board of County
Commissioners of Col-
lier County will hold a
public hearing on Tues-
day, May 9, 2006, in the
Boardroom, 3rd Floor,
Administration Building, I
Collier County Govern-
ment Center, 3301 East
Tamiami Trail, Naples,
Florida_ The meeting
will begin at 9:00 A.M.
A RESOLUTION OF THE
BOARD OF COUNTY
COMMISSIONERS OF
COLLIER COUNTY,
FLORIDA, AMENDING
SCHEDULE FOUR OF AP-
PENDIX A OF CHAPTER
74 OF THE COLLIER
COUNTY CODE OF LAWS
AND ORDINANCES, THE
SAME BEING THE COL-
LIER COUNTY CONSOLI-I
DATED IMPACT FEE OR-
DINANCE, AS AMENDED,
THEREBY INCREASING
THE CORRECTIONAL FA-
CILITIES IMPACT FEE
RATES BY FOUR PER-
CENT (4%) PER LAND
USE CATEGORY IN
ACCORDANCE WITH THE
ADOPTED INDEXING
METHODOLOGY; THE
PROPOSED RATES
SPECIFIED IN REVISED
SCHEDULE FOUR OF AP-
PENDIX A: PROVIDING
FOR A DELAYED EFFEC-
TIVE DATE OF JULY 12,
2006.
NOTE: All Persons wish-
ing to speak on any
agenda item must regis-
ter with the County Ad-
ministrator prior to pre-
sentation of the agenda
item to be addressed.
Ind ividual speakers wi II
be limited to S minutes
on any item. The selec-
tion of an individual to
speak on behalf of an
organization or proup is
encouraged. I recog'
nized by the Chair, a
spokesperson for a
group or organization
may be allotted 10 min-
utes to speak on an
item.
Persons wishing to
have written or graphic
materials included in
the Board agenda pack-
ets must submit said
material a minimum of 3
weeks prior to the re-
spective public hearing.
In any case, written ma-
terials intended to be I
considered by the Board I
shall be submitted to
the appropriate County
staff a minimum of sev.
en days prior to t~e
pUblic hearing. All ma-
terial used in presenta-
tions before the Board
will become a perma-
nent part of the record.
Any person who decid-
es to appeal a decision
of the Board will need a
record of the proceed-
ings pertaining thereto
and therefore, may
need to ensure that a
verbatim record of the
proceedings is made,
which record includes
the testimony and evi-
dence upon which the
appeal is based.
BOARD OF COUNTY
COMMISISONERS
~Lg~16~ E R C 0 U N T Y ,
FRANK HALAS, CHAIR-
MAN
gL~~~HT E. BROCK,
By: Heidi R. Rockhold,
Deputy Clerk
(SEAL)
Apr. 28
No, 1372884
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 ^
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
excention of the Chainnan's silmature, draw a line throu2h routin21ines #1 throu2h #4, complete the checklist, and forward to Sue Filson Oine #5).
Route to Addressee(s) Office Initials Date
(List in routin2 order)
1 -, C {)E S - ~ . r .
. COV'nl e l')Ohn',)D"Yl . \. \V', \ 1" ~ S-n'a.;;tl ~in
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 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
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark ''N/A'' in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, ,^ 0
resolutions, etc. signed by the County Attorney's Office and signature pages from ~
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ture and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on , 00 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The ^ 0
Coun Attorne's Office has reviewed the chan es, if a licable. ~
POctte/~D{)
Phone Number
"scr -5'7 d \
~
I
, ces)
rJPr
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised \.26.05, Revised 2.24.05
Agenda Item Number
_,..."--....,,"'_._.__,,~~'"._...'>,~~,,_"'______....__o<>;~.__..~.~,_"";,~.,"'"..,'".._,.'",..~..-'^.."'.."'^".~.._~_,..'"__".,.._"',."'".._"'"'"..._,.",.,_"',."._;.....,,"..____,,_"""_~,.~<<~....~...,_._,"_,,.."'~"'""",.."_w_._"''''_._'''''_""_~"~..._._.~_'_
q .A OJ 0,
~eSD I u h 0'1
Number of Original
Documents Attached
1.
2.
3.
4.
5.
6.
MEMORANDUM
Date: May 10, 2006
To: Amy Patterson
Impact Fee Manager
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Resolution 2006-121
Correctional Facilities Impact Fee Rates
Enclosed please find (1) Copy of the original document (Agenda Item #8A)
as referenced above, which was approved by the Board of County
eommissioners on Tuesday, May 9, 2006.
If you have any questions, please call me at 732-2646 ext 7240.
Thank you.
Enclosure
8A
~
~i\-"~
RESOLUTION NO. 2006- 121
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THE SAME BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS
AMENDED, THEREBY INCREASING THE CORRECTIONAL
FACILITIES IMPACT FEE RATES BY 4 PERCENT PER LAND USE
CATEGORY IN ACCORDANCE WITH THE ADOPTED INDEXING
METHODOLOGY; THE PROPOSED RATES SPECIFIED IN REVISED
SCHEDULE FOUR OF APPENDIX A; PROVIDING FOR A DELAYED
EFFECTIVE DATE OF JUNE 12,2006.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superceding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on September 27, 2005, the Board of County Commissioners adopted
Ordinance No. 2005-47, thereby updating the Correctional Facilities Impact Fee and amending
Schedule Four of Appendix A of Chapter 74 of the Code, thereby establishing the current
Correctional Facilities Impact Fee rates and adopting the indexing methodology to be utilized for
fee adjustments in the two years between formal update studies; and
WHEREAS, on April 11, 2006, the Board of County Commissioners adopted Ordinance
No. 2006-15 to allow for the annual indexing adjustments to the Correctional Facilities Impact
Fee rates "on or about May 1, 2006" in order to meet the terms of provisions in proposed
legislation that will allow for impact fees adopted prior to July 1, 2006 to remain in effect until
July 1,2008, at which time they must fully comply with all new provisions oflaw; and
WHEREAS, the Correctional Facilities Impact Fee rate indexing was calculated based
on the change in the Building Cost Index, provided by the Engineering News-Record for the
most recent period available and in accordance with the adopted indexing methodology; 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, this action will allow Collier County to continue to provide for capital
improvements to the Correctional Facilities system necessitated by growth; and
Underlined text is added; StI'llel( 1hr8ligfl text is deleted
Page I of3
8~
r,
WHEREAS, this application of indexing adjustments provides for a 4 percent increase in
the Correctional Facilities Impact Fee rates; and
WHEREAS, staff has thoroughly reviewed the calculations and findings and staff
concurs with the recommended increase to the Correctional Facilities Impact Fee rate schedule,
and staff recommends that the Board of County Commissioners adopt this Resolution to
implement these recommended changes; and
WHEREAS, the Board of County Commissioners accepts the recommendations from
staff.
NOW, THEREFORE BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby declares, after advertised public hearing,
that the Correctional Facilities Impact Fee rates set forth in the revised Schedule Four of
Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact
Fee Ordinance, the same being Schedule Four of Appendix A of Chapter 74 of the Collier
County Code of Law and Ordinances, attached hereto, and incorporated by reference herein as
Exhibit "A," are fair and reasonable and are to be assessed to those who receive or will receive
benefits from correctional facilities, which are necessitated by increased population and related
growth driven development.
BE IT FURTHER RESOLVED that these revised Correctional Facility Impact Fee
rates will take effect as of Monday, June 12,2006.
This Resolution is adopted after motion; second and majority vote favoring adoption this
~day of May, 2006.
ATTEST BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA
r"',.,~- ~
'~~ '. . -.. ".' , . - (~'.,. .
~< .D.rd,U.BY: _~~~g____
At~st,~t~ to Cltj 1r:tiu, ~eputy Clerk FRANK HALAS, ChaIrman
., q.r:llt, ur. ool.". ,,'
"
. ,
.... . ";.'.....
('\, "
I r,' ...;.....
Page 2 of3
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Underlined text is added; Slrllel( 1Jlrsllgh text is deleted
['".
iti
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c"U
APPENDIX A
SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE
RATE SCHEDULE
Land Use
Correctional Facilities Impact Fee Per Square Foot
Single-Family Detached
$0.1026$0.1067 per square foot*
Other ResidentiallNursing Home
$0.0562$0.0584 per square foot**
Non-Residential:
Lodging
Hotel/ Motel
$0.3071$0.3194 per square foot
Medical
Hospital
$0.32@$0.3390per square foot
Commercial
Office
$0.2132$0.2217 per square foot
Retail/Commercial/Recreation
$0.5126$0.5643 per square foot
Restaurant/Bar /Lounge
$0.5126$0.5643 per square foot
Industrial /Manufacturing
$0.02%$0.0308 per square foot
Leisure/Outdoor
$0.542e$0.5643 per square foot
Institutions
Church
$0.0832$0.0865 per square foot
School/College
$0.7155$0.7441 per square foot
Government/public buildings
$0.2335$0.2428 per square foot
* The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square
foot (living area) Single-Family Detached dwelling unit.
** The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000
square foot (living area) Other Residential dwelling unit. The cap does not apply to the square
footage of Nursing Homes.
Underlined text is added; Sa-liS]. tIlreHgfi text is deleted
Page 3 of3
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
88
To: Clerk to the Board: Please place the following as a:
X Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: CDES/ Impact Fee Administration
Person: Amy Patterson
Date: April 24, 2006
Petition No. (Ifnone, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. May 9.2006
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
SCHEDULE SIX OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE,
NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE
STUDY ENTITLED "COLLIER COUNTY SCHOOL IMPACT FEE UPDATE STUDY"; AMENDING THE
EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE
STUDY; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO
THE EDUCATIONAL FACILITIES 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 JUNE 30, 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
Lf-d-tf-00
List Attachments: 1. Ordinance Amendment
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE US~19~_~:,:, ""'/1"\ I ^,_ .. J _'" I ~I
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~
~" rr''''
,-1 ~,','~
r\:.:;;-_~' ~
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SIX OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, PROVIDING FOR THE INCORPORATION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER
COUNTY SCHOOL IMPACT FEE UPDATE STUDY"; AMENDING THE
EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET
FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING
METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING
ADJUSTMENTS TO THE EDUCATIONAL FACILITIES 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 JUNE 30, 2006.
WHEREAS, on May 13, 1992, the Board of County Commissioners
adopted Ordinance No_ 92-33, the Collier County Educational Facilities System
Impact Fee Ordinance, thereby establishing the County's then applicable
Educational Facilities Impact Fee rates, and, as such, those rates have been in
effect for more than fourteen (14) years; and
WHEREAS, on March 13, 2001, the Board of County Commissioners
adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee
Ordinance, repealing and superceding all of the County's then existing impact fee
regulations, and consolidating all of the County's impact fee regulations into that
one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and
Ordinances (the "Code"), and incorporating the aforementioned Educational
Facilities Impact Fee rates that had been established by the adoption of Ordinance
No. 92-33; and
WHEREAS, development and population growth has brought and will
continue to bring increasing demands for additional educational facilities; and
WHEREAS, adequate educational facilities are essential to the
preservation and improvement of quality of life and are necessary in the interest
of public health, safety and welfare; and
WHEREAS, Educational Facilities Impact Fees are collected by Collier
County (the "County") and transmitted to the District School Board of Collier
County (the "District") for the purpose of funding growth-related capital
improvements and in accordance with the "Interlocal Agreement for Collier
County Educational Facilities Impact Fee Ordinance" between the County and the
District; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies
should be reviewed at least every three years, the County retained Tindale-Oliver
and Associates, Incorporated (the "Consultant"), to review the existing
Educational Facilities Impact Fees and recommend changes to the fees where
appropriate; and
~ text is added; Slfual, lhroygll text is deleted
88
WHEREAS, the Consultant has relied upon the District for information
related to the current land and building inventory, vehicle inventory, planned
school facilities and associated historical and projected fmancial information,
current and projected school emollment figures, and all other information relevant
to past and future capital improvements necessitated by growth; and
WHEREAS, the District uses impact fees to supplement the funding of
necessary capital construction and/or improvements to facilities required to
provide public educational facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Consultant has reviewed the existing demand for public
schools and education related support buildings and equipment, the method of
financing the existing public school system and the existing level of service
standards; and
WHEREAS, the Consultant has prepared an impact fee study, entitled
"Collier County School Impact Fee Update," dated April 26, 2006 (hereinafter the
"Study"); and
WHEREAS, the Study recommends changes to the Educational Facilities
Impact Fee Rate Schedule, as set forth in Schedule Six of Appendix "A" of
Chapter 74 ofthe Collier County Code of Laws and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed
impact fee rates in order to more equitably distribute the costs of acquiring and
constructing public educational facilities based upon a rational nexus relating
costs incurred by fee payers to infrastructure impacts created by residential land
uses; and
WHEREAS, the Consultants have developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory
manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings,
concurs with the recommended changes to the Educational Facilities 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 1, 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.
***
Underlined text is added; Elmol, tIw..gl\ text is deleted
Page 2 of 5
,
(6) Educational facilities: "lmpaet Fees far Bal:WaaeBal Faeilities ia
CElYier Cel:lBty, HeRda," preplH'ea BY HeerseR, YeHBg &
Compaay (May 13, 1992), as ameRElea a.ftd the "Callier Califtty
Seheal Beara 5 Year Capital 0lItla;' 8l:H11:lBQlj''' "Collier County
School Impact Fee Update," preoared by Tindale-Oliver and
Associates. Incorporated (April 26. 2006) and the District School
Board of Collier County Capital Improvement Plan for Fiscal Year
2006/07 - Fiscal Year 20 1 0/11
***
SECTION TWO. Article III, Special Requirements for Specific Types of Impact
Fees, Section 74-307, Same--Educational facilities impact fee, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-307.
Same - Educational faciiities impact fee.
***
(2) Annual mid-cycle educational facilities impact fee ,rate indexin$!.
Becinning on May 9. 2006. the County shall commence a three-year
Educational Facilities Impact Fee update cycle pursuant to Subsections
74-201(b) and 74-502(a) of this chapter. On or about May 1 of each of
the two mid-years between updates. the County shall implement
adjustments to building costs based upon the building cost index
provided by the Emrineering News-Record and weighted as 84 percent
of the index. plus the vehicle costs, based on the Consumer Price Index
for the Miami-Ft. Lauderdale area provided by the Bureau of Labor
Statistics, weighted as 2 percent of the index. plus the ten-vear historical
trend in total just values for all countywide mopertv (including buildings
and structures) published by the Collier County Property Appraiser's
Office. weighted as 14 percent of the index. 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 inyalid 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 Ordinances 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.
~ text is added; EINGI< t!lreugR text is deleted
Page 3 of5
8B
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be effective June 30, 2006, subject to filing with the
Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this _ day of May, 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
Underlined text is added; glr..I, lhr..g11 text is deleted
Page 4 of5
,
APPENDIX A
SCHEDULE SIX: EDUCATIONAL FACILITIES IMP ACT FEE RATE
SCHEDULE
Housing Type
Impact Fees Rate
Single-Family
Less than 1.500 square feet
1.500 - 2.499 square feet
2.500 square feet or larger
$l,77~LOO
$6.463 per dwelling unit
$7.220 per dwelling unit
$7.870 per dwelling unit
Multi-Family
827.00 $5.219 per dwelling unit
Mobile Home
1,234.00 $7.842 per dwelling unit
Underlined text is added; 8lr"ak IIlrB"gfl. text is deleted
Page 5 of5
8' :r"
.~."
L.,
April 25, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Collier County School Impact Fee Update Study
Dear Legals:
Please advertise the above referenced notice on Friday, April 28, 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 # 113-138902-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 9, 2006, in the Boardroom,
3rd Floor, Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida, the Board of County Commissioners will
consider the enactment of a County Ordinance. The meeting will commence at
9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SCHEDULE SIX OF APPENDIX A OF CHAPTER 74
OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO.
2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY SCHOOL
IMPACT FEE UPDATE STUDY"; AMENDING THE EDUCATIONAL FACILITIES
IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE
STUDY; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR
INDEXING ADJUSTMENTS TO THE EDUCATIONAL FACILITIES 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 JUNE 30, 2006.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
8,0
By: Heidi R. Rockhold, Deputy Clerk
( SEAL)
.tj
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Tuesday, April 25, 2006 9:30 AM
'Iegals@naplesnews.com'
Collier County School Impact Fee Update Study
Attachments:
Impact Fee Collier School.doc; Impact Fees Collier School .doc
Legals,
Please advertise the above mentioned notice on Friday, April 28, 2006.
Impact Fee Collier Impact Fees Collier
School.doc ... School .do...
If you have any questions, please call. Thanks
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi .rockhold@clerk.collier.fl.us
1
II
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, April 25, 2006 9:30 AM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT3009731.txt; Collier County School Impact Fee Update Study
I~l
~
~71
L:.J
ATI3009731.txt
(231 B)
Collier County
School Impact F...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
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legals@naplesnews.com
1
f) 'i''')
l'< H
Yl;
Heidi R. Rockhold
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, April 25, 2006 9:30 AM
Heidi R. Rockhold
Delivered: Collier County School Impact Fee Update Study
Attachments:
Collier County School Impact Fee Update Study
B
Collier County
School Impact F...
<<Collier County School Impact Fee Update Study>> Your message
To: legals@naplesnews.com
Subject: Collier County School Impact Fee Update Study
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Collier County School Impact Fee Update Study
Page 1 of 1
,'- -"l,
t;
Heidi R. Rockhold
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Tuesday, April 25, 2006 10:28 AM
To: Heidi R. Rockhold
Subject: RE: Collier County School Impact Fee Update Study
OK
-----Original Message-----
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us]
Sent: Tuesday, April 25, 20069:30 AM
To: legals@naplesnews.com
Subject: Collier County School Impact Fee Update Study
Legals,
Please advertise the above mentioned notice on Friday, April 28, 2006.
<<Impact Fee Collier School.doc>> <<Impact Fees Collier School .doc>>
If you have any questions, please call. Thanks
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi .rockho ld@c1erk.collier.fl.us
4/2512006
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
NO 11(;10 O~ INTENT TO
CONSIDER ORDINANCE
Notice Is hereby given
that on Tuesday.' May 9.
I 2006, In the Boardroom,
3rd Floor, Administra-
tion Building, Collier
mCounty Government
Center, 3301 East Tamla-
ml Trail, Naples, Florida.
'tne Board of County
--Commissioners will con-
H~lder the enactment of
.,ah., County ordinance.
T e meeting wlll.,Com.
rimeRCe at 9:00 A.t!I. The
title of the proposed Or.
dlnant;e Is es rotIow*
~AN ORDINANCE OF THE
BOARD OF COUNTY
COMMISSIONERS OF
CO L LI ER CO U NTY,
'FLORIDA, AMENDING
SCHEDULE SIX OF AP-
l?ENDIX A OF CHAPTER
,74 OF THE COLLrER
COUNTY CODE OF LAWS
AND ORDINANCES, THAT
QRDINANCE BEING THE
COLLIER COUNTY CON.
SOLIDATED IMPACT FEE
ORDINANCEl. NO. 2001.
~jDI~~ ~~l~~tDiNb~~:
PORATION. BY REFU-
.~NCEJ. OF THE. IMPACT
" E ::.TUDV ENTI.TJ.EO
- S ~65l ~lt.pCA.~~ Nj,U
UPDATE STI,/DY";
AMENDING THE EOUCA-
'TIONAL FACILITIES, IM-
PACT FEE RATE SeHtD.
'V~i ~~p~Jlf'lH\I~~
DATE STUDY; .ESTAI-
L1SHING METHQOOLOGY
'FOR THE ANNUAl. MID-
CYCL.E. "YYIi) AR INDEXING
':~.W,USnftNTS TO THE
Z~1~t~~AIuF#.fILI:.
PROVIDING FOR CON-
FLICT AND SEViRA8IU.
TV; PROVIDING. 'OR IN"
CLUSIONIN THE CODE
OF LAWS AN.D.ORDI-
~iS!;A"D flfttWf&'.
ING FdR '.A DELA." no, EF.
FECTIVEl),ATlOF JUNE
30.2~
CClPII$of ~. .prop()S.d
Ord Inanc.ar.. on fll e
with. the CI.rk to the
Board lQld a",availabl.
fOr.. ..A1IInt4i...
ested ,...... mvlted
to atten and be heard.
NOTE: All persons wlsh~
Ing to speak .on.any
agenda Item' must regis-
ter with the County iIld-
mlnlmator. DtIo. r to ~.
sentatlOrl i of the agenda
Item to be addrell5ed.:
Individual speakers will!
be limited to 5 minutes
on any Item. The selee-
tl.on Of an Individual to
speak on behalf ,of an
organization or group Is
encou raged. If recog-
nized by the Chairman,
a spokespersQn for a
group Or organization
may be allotted 10 min-
utes to speak on an
Item.
Persons wishing to
have written or lIr6/)hk:
materials Included In
the Board a~nda p~k-
ets must sUbm. It sald
material a ml!llmum of 3
weeks prior to the re-
spectlvl! PUblll: hearing.
In any eoe. Wl4tten ma-
terials Intended to be
considered by the Bo...d
shall be submitted to
the appropriate County
staff a minimum of sev.
en days prior tQthe
public he...lnll. All mil.-
t,rlal used In pr.senta-
tlons before the Board
will become a perma-
nent part of the record.
Any person who decid-
es to appeal a decision
of the Board will need a
record of' the proceed-
Ings pllrtalnlng thereto
and, therefore. may
need to ensure that a
verbatim record of the I
proceedings Is made.
which record Inclt/des
thQ. testfmony and evl- !
. dellte upon whIch the
apPllalls based,
=~OUNTY
cou'1't'R"Co U N TV "
FLORIDA
FRANK HAl.AS. CHAIR-
MAN
DWIGHT E. BROCK,
CLERK '<,
By; HeldlR. Rockhold,
~l~~ Clerk
! . ADr. 28 No. 13728851
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that they
serve as the Editor ofthe Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on April 28th, 2006
times in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
p~t:;er
( Signature of affiant)
Sworn to and subscribed before me
This 28th day of April, 2006
~
,'"' "'-'-,-,1..- .." .-~
;""":)
'.
ORDINANCE NO. 2006- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SIX 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 INCORPORA TION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER
COUNTY SCHOOL IMPACT FEE UPDATE STUDY"; AMENDING THE
EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET
FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING
METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING
ADJUSTMENTS TO THE EDUCATIONAL FACILITIES IMPACT FEE
RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR A DELAYED IMPLEMENTATION DATE OF JUNE
30, 2006.
WHEREAS, on May 13, 1992, the Board of County Commissioners
adopted Ordinance No. 92-33, the Collier County Educational Facilities System
Impact Fee Ordinance, thereby establishing the County's then applicable
Educational Facilities Impact Fee rates, and, as such, those rates have been in
effect for more than fourteen (14) years; and
WHEREAS, on March 13, 2001, the Board of County Commissioners
adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee
Ordinance, repealing and superceding all of the County's then existing impact fee
regulations, and consolidating all of the County's impact fee regulations into that
one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and
Ordinances (the "Code"), and incorporating the aforementioned Educational
Facilities Impact Fee rates that had been established by the adoption of Ordinance
No. 92-33; and
WHEREAS, development and population growth has brought and will
continue to bring increasing demands for additional educational facilities; and
WHEREAS, adequate educational facilities are essential to the
preservation and improvement of quality of life and are necessary in the interest
of public health, safety and welfare; and
WHEREAS, Educational Facilities Impact Fees are collected by Collier
County (the "County") and transmitted to the District School Board of Collier
County (the "District") for the purpose of funding growth-related capital
improvements and in accordance with the "Interlocal Agreement for Collier
County Educational Facilities Impact Fee Ordinance" between the County and the
District; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies
should be reviewed at least every three years, the County retained Tindale-Oliver
and Associates, Incorporated (the "Consultant"), to review the existing
Educational Facilities Impact Fees and recommend changes to the fees where
appropriate; and
Underlined text is added; Stmek tflrollgh text is deleted
Sa
80
WHEREAS, the Consultant has relied upon the District for information
related to the current land and building inventory, vehicle inventory, planned
school facilities and associated historical and projected financial information,
current and projected school enrollment figures, and all other information relevant
to past and future capital improvements necessitated 'by growth; and
WHEREAS, the District uses impact fees to supplement the funding of
necessary capital construction and/or improvements to facilities required to
provide public educational facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Consultant has reviewed the existing demand for public
schools and education related support buildings and equipment, the method of
financing the existing public school system and the existing level of service
standards; and
WHEREAS, the Consultant has prepared an impact fee study, entitled
"Collier County School Impact Fee Update," dated April 26, 2006 (hereinafter the
"Study"); and
WHEREAS, the Study recommends changes to the Educational Facilities
Impact Fee Rate Schedule, as set forth in Schedule Six of Appendix "A" of
Chapter 74 of the Collier County Code of Laws and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed
impact fee rates in order to more equitably distribute the costs of acquiring and
constructing public educational facilities based upon a rational nexus relating
costs incurred by fee payers to infrastructure impacts created by residential land
uses; and
WHEREAS, the Consultants have developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory
manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings,
concurs with the recommended changes to the Educational Facilities 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.
***
Underlined text is added; Struel( tllmugll text is deleted
Page 2 of 5
(6) Educational facilities: "Impact Fees f-or Educational Facilities in
Collier County, Florida," prepared by Henderson, Young &
Company (May 13, 1992), as amended and the "Collier County
School Board 5 Year Capital Outlay Summary" "Collier County
School Impact Fee Update," prepared by Tindale-Oliver and
Associates, Incorporated (April 26, 2006) and the District School
Board of Collier County Capital Improvement Plan for Fiscal Year
2006/07 - Fiscal Year 2010/11
***
SECTION TWO. Article III, Special Requirements for Specific Types of Impact
Fees, Section 74-307, Same--Educational facilities impact fee. of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-307.
Same - Educational facilities impact fee.
***
(g) Annual mid-cvcle educational facilities impact fee rate indexing.
Beginning on May 9. 2006. the County shall commence a three-year
Educational Facilities Impact Fee update cycle pursuant to Subsections
74-201(b) and 74-502(a) of this chapter. On or about May 1 of each of
the two mid-years between updates. the County shall implement
adiustments to building costs based upon the building cost index
provided by the Engineering News-Record and weighted as 79 percent
of the index. plus the equipment and vehicle costs, based on the
Consumer Price Index for the Miami-Ft. Lauderdale area provided by
the Bureau of Labor Statistics, weighted as 9 percent of the index. plus
the ten-year historical trend in total iust values for all countywide
property (including buildings and structures) published by the Collier
County Property Appraiser's Office. weighted as 12 percent of the
index. Mid-cycle indexed rate change adiustments shall be adopted by a
resolution of the Board pursuant to subsection 74-201(b) of this chapter.
SECTION 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 Ordinances may
be renumbered or re-lettered and internal cross-references amended throughout to
accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
Underlined text is added; Struek thrslIgll text is deleted
Page 3 of 5
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida
Department of State. The impact fee schedule and increases adopted in this
Ordinance shall be implemented and applied as of June 30, 2006.
PASSED AND DUL Y ADOPTED by the Board of County
Commissioners of Collier County, Florida this ~ day of May, 2006.
ATTEST
Dwigh~Jb~~*~ Clerk
d'~.:~;'" ......,':
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
)
(\()~--- ~-~----</ /,' ./,
t\-lLtly;~-=- <</c::-J ( ~.
, :..... ',<,iP~ uty Clerk FRANK-HALAS, Chairman
Attftt\.uto Cba 1rua ,
li..tIre Oil..
~-_..
Ap roved a to form and legal sufficiency:
item:# _~~..
",<."L.'Y'a r a ~
(:~r~-'U ~ _ , ~D
k,te --
Underlined text is added; Strack tI1rough text is deleted
.
~ n---it:)
~ ""
m'd .-\~~_ ^
~"'" :-..,>.~- ~
I. 1'7~
:L-~,..,. ,,"~"., ","_",.,,'., "J:
Page 4 of 5
BE
APPENDIX A
SCHEDULE SIX: EDUCATIONAL FACILITIES IMPACT FEE RATE
SCHEDULE
Housing Type
Single-Family
Less than 1.500 square feet
1,500 - 2.499 square feet
2,500 square feet or larger
Multi-Family
Mobile Home
Impact Fees Rate
$1,778.00
$8,228 per dwelling unit
$9.206 per dwelling unit
$10,017 per dwelling unit
827.00 $2,862 per dwelling unit
1,231.00 $5,724 per dwelling unit
Underlined text is added; Stmek throligk text is deleted
Page 5 of 5
~}.
u
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 2006-21
Which was adopted by the Board of County Commissioners
on the 9th day of May, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and. Clerk
Ex-officio to B6ard'of
County cotiSi9J.."::/fj" ,tJ ~
sdu~VfeIU:J)W ,
{ B4: - ~eidi R. 'Rci~khOlq\/i;.
Deputy Clerk' '~J' .
8B
.....
9A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board Ofllee. The completed routing slip ,md original
documents are to be forwarded to the Board Oftlce only after the Board h,L~ 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
. h I # # h
exception of the Chairman's signature, draw a lme throug routing ines I through 4, complete t e 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 Suc Filson, need to contact staff lor additional or missing
information. All original documents needing the BCC Chairman's signature are to be dclivered 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 May 9, 2006 Agenda Item Number 9A
Approved by the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature 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.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
@
N/A
<9
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
DATE:
TO:
FROM:
RE:
MEMORANDUM
May 18, 2006
Kay Nell, CLA
County Attorney's Office
Teresa Dillard, Deputy Clerk
Minutes and Records
Resolution 2006-117
Resolution 2006-118
Resolution 2006-119
Resolution 2006-120
Enclosed please find one (1) copy of the documents, as referenced
above (Agenda Item #9A, 9B, 9C and 9D) approved by the Board of
County Commissioners on Tuesday, May 9, 2006.
If you should have any questions, you may contact me at 732-2646 ext 7240.
Thank you,
Enclosures
f~
9>"".
, ,
1" ~
RESOLUTION NO. 2006-117
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO APPOINT MARGARET
PEGGY HARRIS TO THE GOLDEN GATE BEAUTIFICATION
ADVISORY COMMITTEE.
WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the
creation of the Golden Gate Beautification Advisory Committee and provides that the
committee shall be composed of five (5) members; and
WHEREAS, there is currently a vacancy on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with
its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Margaret Peggy Harris,
representing Precinct 323, is hereby appointed to the Golden Gate Beautification
Advisory to fulfill the remainder of the vacant term, said term to expire on October 6,
2009.
This Resolution adopted after motion, second and unanimous vote.
DATED: May 9, 2006
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~CkMufJk
->, Deputv91ff<test as to Ch4h..... ,
,,' signature on 1 ..
Approved a~'to form and
legal sufficiency:
dud&~
David C. Weigel
County Attorney
~~o~
By:
FRANK HALAS, Chairman
Item ~=~'=q~
h,;enda cT~ Q -Db
Delte ....::l.: J-
96
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 documcnts should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to lhe Board Office only after the Board has laken action on lhe 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 documenl pending BCC approval. Normally the primary contacl is the person who created/prepared the execulive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact slafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be dclivered to the BCC oftice 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 May 9,2006 Agenda Item Number 9B
Approved by the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
@
N/A
to
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26,05, Revised 2.24.05
DATE:
TO:
FROM:
RE:
MEMORANDUM
May 18, 2006
Kay Nell, CLA
County Attorney's Office
Teresa Dillard, Deputy Clerk
Minutes and Records
Resolution 2006-117
Resolution 2006-118
Resolution 2006-119
Resolution 2006-120
Enclosed please find one (1) copy of the documents, as referenced
above (Agenda Item #9A, 9B, 9C and 9D) approved by the Board of
County Commissioners on Tuesday, May 9, 2006.
If you should have any questions, you may contact me at 732-2646 ext 7240.
Thank you,
Enclosures
.~ ':"1
'j ,'I. '
~~~
, i
9f;
,t','"
" . ~ , h
,;,'
RESOLUTION NO. 2006-118
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO CONFIRM AND APPOINT
LARRY H. FLEMING TO THE AFFORDABLE HOUSING
COMMISSION.
WHEREAS, Collier County Ordinance No. 91-65 created the Affordable Housing
Commission and provides that the County Commission shall appoint five (5) members to
the Affordable Housing Commission and the City of Naples shall appoint four (4)
members to the Affordable Housing Commission; and
WHEREAS, on December 14, 2004, the Board of County Commissioners adopted
Collier County Ordinance No. 2004-77 to include an alternate in its membership; and
WHEREAS, there is currently a vacancy on this Commission for the City of Naples
category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the City of Naples has provided 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 Larry H. Fleming is hereby confirmed and
appointed to the Affordable Housing Commission for a three year term, said term to
expire on April 18, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: May 9, 2006
ATTEST: : 'I"
DWIGHT E~ 'BROCK, Clerk
0\<\),. . .~~
~ ~..~.. to ClIaI,.. .
s1 f}l1aturf on 1.
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
By: ~c.-?~ --'
FRANK HALAS, Chairman
David C. Weigel
County Attorney
,., -"'..'.."1-'
, ,..._.,.:.,~.':'-'~,-" .,
,.u qB..
S-J1--DP ~
S- tl~{)b ~
r\
=_,,~"...J
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9'....'L',., ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach 10 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 lhe Board Office only after lhe 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 si.l!.nature, draw a line throul!h routinl! lines # I throul!h #4, comolete the checklist, and forward 10 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 lhe 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 addilional or missing
information. All original documents needing the BCC Chairman's signalure are to be delivered to the BCC oftice 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 May 9, 2006 Agenda Item Number 9C
Approved by the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 'nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attoroe 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
(g)
N/A
@
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24,05
DATE:
TO:
FROM:
RE:
MEMORANDUM
May 18, 2006
Kay Nell, CLA
County Attorney's Office
Teresa Dillard, Deputy Clerk
Minutes and Records
Resolution 2006-117
Resolution 2006-118
Resolution 2006-119
Resolution 2006-120
Enclosed please find one (I) copy of the documents, as referenced
above (Agenda Item #9A, 9B, 9C and 9D) approved by the Board of
County Commissioners on Tuesday, May 9, 2006.
If you should have any questions, you may contact me at 732-2646 ext 7240.
Thank you,
Enclosures
< ~G
9C
RESOLUTION NO. 2006-119
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO REAPPOINT ROBERT C.
BENNETT TO THE COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY
WHEREAS, Collier County Ordinance No. 96-6, created the Collier County Water and
Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be
composed of five (5) members appointed by the Board of County Commissioners; and
WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority
shall be technical members and two (2) members of the Authority shall be lay
members; and
WHEREAS, the term of 1 member will expire creating a vacancy on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert C. Bennett is hereby
reappointed under the Technical Member category to the Collier County Water and
Wastewater Authority for a 4 year term, said term to expire on May 21, 2010.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55,
relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of Robert C. Bennett to this Committee.
This Resolution adopted after motion, second and majority vote.
DATED: May 9, 2006
ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
By: ~___
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
J~~
David C. Weigel
County Attorney
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 L
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documcnts should be hand delivered to the Board Oflice, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on lhe item,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate lor additional signalures, dates, and/or inlormation needed. If the document is already complete wilh the
exceDtion 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 routinl!; order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court'S Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally lhe primary contact is the person who crealed/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 BCe 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 May 9, 2006 Agenda Item Number 9D
Approved by the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
(j)
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised] .26.05, Revised 2.24,05
n
MEMORANDUM
DA TE:
May 18, 2006
TO:
Kay Nell, CLA
County Attorney's Office
FROM:
Teresa Dillard, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-117
Resolution 2006-118
Resolution 2006-119
Resolution 2006-120
Enclosed please find one (1) copy of the documents, as referenced
above (Agenda Item #9A, 9B, 9C and 9D) approved by the Board of
County Commissioners on Tuesday, May 9, 2006.
If you should have any questions, you may contact me at 732-2646 ext 7240.
Thank you,
Enclosures
9D
RESOLUTION NO. 2006-120
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND
REAPPOINT MEMBERS TO THE COLLIER COUNTY HISPANIC
AFFAIRS ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs
Advisory Board, provided that the Advisory Board shall consist of seven (7) members;
and
WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by
providing that the Advisory Board shall consist of nine (9) members; and
WHEREAS, there are currently vacancies and the term of two members will expire,
creating a total of four (4) vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Hispanic Affairs Advisory Board 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:
1. David Correa is hereby reappointed to the Collier County Hispanic Affairs
Advisory Board for a four-year term, said term to expire on June 25, 2010.
2. James A. Van Fleet is hereby reappointed to the Collier County Hispanic Affairs
Advisory Board for a four-year term, said term to expire on June 25, 2010.
3. Lily DeBliex is hereby appointed to the Collier County Hispanic Affairs Advisory
Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2009.
4. Gary D. Halloway is hereby appointed to the Collier County Hispanic Affairs
Advisory Board to fulfill the remainder of the vacant term, said term to expire on June
25, 2009.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55,
relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of David Correa to this Board.
This Resolution adopted after motion, second and majority vote.
DATED: May 9,2006
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Approved as to form and
legal SUffiCienCY:~
~. )
David C. Weigel
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: .~>~_
FRANK HALAS, Chairman
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lOA
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
lOB
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
IDE
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception ofthe 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
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
A I~)( SLd€Ck..i
q ~oo (p
I
Phone Number
Ij~d9r;,/
IDE
/
Yes
(Ini tial)
NI A (Not
Ap licable)
Agenda Item Number
Number of Original
Documents Attached
AS
-
Its
AS
-
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si lure and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document, The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
i ,; .r
..J... V.J
.....
MEMORANDUM
Date:
May 11, 2006
To:
Alex Sulecki, Senior Environmental Specialist
Environmental Services
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-122
Enclosed please find one copy, as referenced above (Agenda Item #10E), which
was approved by the Board of County Commissioners on Tuesday, May 9, 2006.
The original document is being retained for the record.
If you should have any questions, please contact the Minutes and Records
Department at 732-2646 ext. 7240.
Thank you.
Enclosure
.1 0 E~
RESOLUTION NO. 2006- 122
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF COLLIER, FLORIDA, APPROVING A
TARGET PROTECTION AREA MAILING STRATEGY FOR THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM'S
FOURTH PROPERTY SELECTION CYCLE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County has recognized the need to plan for future growth and has
initiated a long-term program, known as Conservation Collier, to acquire, protect, restore and
manage environmentally sensitive lands in perpetuity and to provide public open space for the
benefit of present and future generations; and
WHEREAS, the Conservation Collier Program includes identification and protection of
Collier County's natural resources, including upland and wetland communities, native plant
communities, endemic species, endangered species habitat, water resources, and aesthetic or
other natural features; and
WHEREAS, protected lands include those that provide appropriate natural resource-
based recreational and educational opportunities, protect local water resources, provide flood
control; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as
"Ordinance No. 2002-63" has described Target Protection Areas (TPAs); and
WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that county staff will
send letters of inquiry to all property owners within these Target Protection Areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings
It is found and declared that:
(A) The cost of a mailing of letters to all remammg property owners within all Target
Protection Areas will be approximately $40,000, as opposed to $60 for a proposed fourth
cycle mailing to criteria-based properties from identified Target Protection Areas and
other areas that meet program goals and criteria.
(B) Many undeveloped properties within Target Protection Areas are small lots within
established subdivisions and would not be appropriate for acquisition by Conservation
Collier.
(C) Using estimated rates of return of positive interest generated by property owner interest
letters in previous selection cycles, it has been determined that mailing approximately
145 interest letters will result in approximately 4 parcels for review and ranking on the
Active Acquisition List. Staff anticipates some additional number of owner and public
nominations as well.
(D) There has been an Outreach Subcommittee recommendation that was unanimously
approved by CCLAAC on April 10, 2006, endorsing a strategy for a targeted mailing
outreach effort. This strategy is to more specifically target lands that are likely to
contain high quality environmental resources and to enlarge lands already purchased.
(E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the
Target Protection Areas List and selection strategy to the Board of County
Commissioners to fulfill the purposes of the Conservation Collier Program.
(F) This resolution is adopted pursuant to applicable provisions of law.
SECTION II. Be it also resolved that Collier County Board of County Commissioners adopt
the followin~ fourth-cycle Target Protection Areas mailing strategy:
.v.1
let-
--
1. Staff shall send approximately 145 interest inquiry letters to owners of undeveloped
properties within the following areas:
Area Objective Criteria for selection TPA
1 (II) Parcels near Polly Ave.-north from Undeveloped Urban
Rattlesnake Hammock to Davis Blvd.
(6) Parcels on the corner of Old Hwy 41 Undeveloped-Scrub Urban
2 and Hwy 41 Habitat
(8) Parcels located along the east side of
3 Livingston Road in between lmmokalee Undeveloped Urban
Road and Vanderbilt Beach Road.
(5) Parcels on the corners of Pine Ridge
4 Road and Logan Blvd.- NE, SE and SW Undeveloped Urban and NGGE
corners.
(29) Parcels-Expansion of School Board Expansion of
Property-Section 24 current
5 (Rural Fringe Mixed Used District "Neutral Undeveloped Conservation
Lands ") Collier Land
(17) Properties to the North and East of
6 Lake Trafford Undeveloped Urban
(3) Property owners in Horsepen Strand
across from Estates Elementary School on
7 62 Ave N. and west of Everglades Blvd. to Undeveloped Urban and NGGE
add onto two parcels we have received an
application for.
Habitat and
(25) Parcels adjacent to Ave Maria Flowway
8 conservation land and adjacent to Undeveloped Stewardship Areas/
conservation areas south of Ave Maria (Rural Land
Stewardship Area)
One parcel just south of US-41 and North
9 and West of Manatee Road Undeveloped Urban
(41+/-) Properties adjacent to 1-75 on the
east and west sides of Everglades Blvd.
between the Test Track on the east and the
Rural Fringe Mixed Use District "Sending
10 lands" on the west, not including parcels Undeveloped Urban and NGGE
approximately 2,000 feet on either side of a
potential Everglades Blvd. and 1-75
interchange. Staff to work with
Transportation Dept for exact parcels.
Total Parcel for Target Mailing = 145 (+/_)
SECTION III. Effective Date.
This Resolution adopted and made effective this 9th day of May 2006, after motion, second and
majority vote favoring same.
ATTEST:
" f)'_'...
DWI~H"t.E/~OCK, Clerk
~~~ By
'. . Deput\y'ClerkAttest II to 0.. trwu ,
. . ',1Qnaturt on1-
Approvedc.a,s to'c(6rm and
:::al~ W lak
Michael W. Pettit
Chief Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
-- ~~ .-"
Frank Halas, Chairman
2
lOF
..
MEMORANDUM
Date:
May 12, 2006
To:
Kevin Hendricks, Right-of-Way Manager
Transportation Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-123
Enclosed please find one copy of the document as referenced above, Agenda Item
#10F, as approved by the Board of County Commissioners on Tuesday May 9,
2006. The exhibits can be located online.
If you should have any questions, please call me at
732-2646 ext. 7240.
Thank you,
Enclosure
"1
1
RESOLUTION NO. 2006-~
A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS
AND PERPETUAL, NON-EXCLUSIVE EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING
STORMW A TER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LEL Y AREA
STORMW A TER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES
WHEREAS, the Board of County Commissioners desires to improve the treatment and
control of stormwater in the East Naples Area in order to alleviate flooding; and
WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an
existing drainage system for an 11,100 acre plus or minus area located in East Naples; and
WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement
Project include the widening and deepening of existing canals and ditches, constructing new
canals, constructing new surface water control structures (weirs), improving existing surface water
control structures, constructing spreader lakes and berms, and constructing a pump station; and
WHEREAS, the Lely Area Stormwater Improvement Project (CIE Project No. 291) is in
accordance with both the Capital Improvement Element and Drainage Sub-element of the Growth
Management Plan; and
WHEREAS, the real estate interests necessary for construction of the proposed
improvements are collectively represented by the legal descriptions comprising Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range
planning options, and public safety considerations, the Board desires to exercise its right to
condemn the Property for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
Board that it is necessary and in the public's best interest to acquire the property described in
Exhibit "A" (the "Property") for the purpose of constructing the improvements proposed as part of
the Lely Area Stormwater Improvement Project located in East Naples, and for providing access
to the improvements, in order to protect the health, safety and welfare of the citizens of Collier
County.
i:'
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~
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AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon
the Property is part of the County's long range planning effort to alleviate flooding in the East
Naples area.
AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports
concerning alternative locations for the project, various impacts to the environment, public safety
and welfare considerations associated with the design and construction of the project, and the costs
associated with the design, property rights acquisition, and construction of the project; and the
Board finds that after consideration of these issues, the most feasible location for construction of
the proposed improvements is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A"
attached hereto and incorporated herein are necessary for the construction of the Lely Area
Stormwater Improvement Project.
AND IT IS FURTHER RESOLVED that all of the Property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
immediately acquire by gift, purchase or condemnation, in accordance with the provisions of
Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more
particularly described in Exhibit "A", attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and
therefore it will not be necessary to remove any mobile homes from the Property to be acquired.
This Resolution adopted on this CfR day of MA Y
, 2006, after motion,
second and majority vote.
ATTEST:
DWlQ~te:.RI~pCK, Clerk
~ ',< ...., ' .. ~. . '!"",
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~<~~~~
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.' Jjgn~wr'~' I':fl'llI
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By:
~~-
FRANK HALAS, ChaIrman
Approved as to form and
legal sufficiency:
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~AsL A --
Assistant County Attorney
Page 2
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Condemnation Resolution
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FEE SIMPLE
INTEREST
PROJECT NO. 511012
PROJECT PARCEL NO. 101
FOLIO NO. 00442080002
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
Lot 29, Block B, a tract of land located in the Northwest Quarter (NW % ) of Section 32,
Township 50 South, Range 26 East, Collier County, Florida, being more particularly
described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N
02048'30" E a distance of 150.91 feet along the West line of the NW % of Section 32; thence
run N 59057'30" E a distance of 356.78 feet to the Point of Beginning of the parcel of land
hereinafter described: Thence run N 02048'30" E a distance of 176.36 feet; thence run S
89038'10" E a distance of 292.74 feet; thence run S 59057'30" W a distance of 348.14 feet to
the Point of Beginning.
AND
Lot 43, Block B, a tract of land located in the Northwest Quarter (NW % ) of Section 32,
Township 50 South, Range 26 East, Collier County, Florida, being more particularly
described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N
02048'30" E a distance of 150.91 feet along the West line of the NW % of Section 32 to the
Point of Beginning of the parcel of land hereinafter described: Thence continue N 02048'30"
E along the West line of Section 32 a distance of 207.09 feet; thence run S 89038'10" E a
distance of 300.00 feet; thence run S 02048'30" W a distance of 26. 36 feet; thence run S
59057'30" W a distance of 356.78 feet to the Point of Beginning.
WEST LINE OF SECTION 32
LOT 43
EXHIBIT A
Page \ of~
N
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
12/20/05 3:06 PM
~'
FEE SIMPlE
INTEREST
PROJECT NO. 511012
PROJECT PARCEL NO. 105
FOLIO NO. 00445200009
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THAT CERTAIN PARCEL OF LAND located in the Northwest Quarter (NW
1/.1) of Section 32, Township 50 South, Range 26 East, Collier County,
Florida, more particularly described as follows:
The South 150 feet of the North 2,100 feet of the West 300 feet of said
Section 32.
~
WEST LINE OF SECTION 32
300 FE Et
150 FEET
/~
EXHIBIT -L
Page .2 of--1.L
N
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
12/20/053:32 PM
("'''''
fllQl
;!
'-'
..
PROJECT NO. 511012
PROJECT PARCEL NO. 801
FOLIO NO. 60780040003
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "A" )
N
PERPETUAL. NON-EXCLUSIVE
DRAINAGE EASEMENT
XHIBIT A_
Page .3 of:4L
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
04/06/064:09 PM
1 OF~
PROJECT NO. 511012
PROJECT PARCEL NO. 802
FOLIO NO. 60781160005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "B" )
N
EXHI~IT A
Page of~
PERPETUAL. NON-EXCLUSIVE
DRAINAGE EASEMENT
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
04/06/064:09 PM
PROJECT NO. 511012
PROJECT PARCEL NO. 803
FOLIO NO. 60782320006
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "C" )
N
PERPETUAL, NON-EXCLUSIVE
DRAINAGE EASEMENT
HIBIT A
Page S of~
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
04/06/064:10 PM
1; r:r.'
~
.;l
10F"
PROJECT NO. 511012
PROJECT PARCEL NO. 804
FOLIO NO. 60784520008
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 31
( BLOCK "E" )
N
PERPETUAL, NON-EXCLUSNE
DRAINAGE EASEMENT
EXHIBIT A
Page ~ of -47
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
04/06/064:10 PM
]" '" i'
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT 51 JOI ~
PARCEL _ _ 800_
FOLIO 00 "4~"'& Z.Soop.s
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE?
/ S 89038'10" E
300.00'
b
~ d
1.0
-=t
.
o
("')
Co
~ <
N
CI)
P.O.B.
I N 89038'10" W 300.00'
~-OO go.+I~ PARCEL 8C8
'" TAX PARCEL 52
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CI)
-- 60' 1____
S 89038'10" E 300.00'
l J
LU
.
o -
("')0
_ 0
00 .
-=to
o 1.0
N....
Z
~
PERNl'uAL,~
DRAINAOE EAIEMINT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 150.00 FEET; THENCE
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING.
EXI-IBrr ~
Page 7 of~
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RfW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
~ED~Y:V .
2-&g!.-----------~~---
, GEORGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
I SCALE
NOT TO SCALE
DATE
FilE NO.
JUNE 8, 2000
GWY817
SHEET 1 OF 1
.., 0' f'-'.
I'." .
. '-
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE?
/ S 89038'10" E
-
SKETCH OF DESCRIPTION
5J1Of~
NOT A SURVEY PROJECT 809
PARCEL -----
FOLIO 0044'35".40008,
300.00'
(:)
$: q
= 0
o 0
C"') co
Co >
~(
N
CI)
P.O.B.
I
I
(:) I
~ -
~ ~ ~ PARCEL 809
CI) go' I TAX PARCEL 58
-6 ___
N 89038'10" W
300.00'
I
f~
$:
(!.I
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= 0
00
C"') .
- 0
000
~C"')
N
Z
S 89038'10" E
300.00'
~ NON-EXClUSIVE
DIWNAGE EASeMeNT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
600.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 300.00 FEET; THENCE
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 300.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING. .
EXHIBIT _ A
Page 8 ttf:JY.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RJW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED BY:
~t&.::..~_Ji!.~____
(:::GEORGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
'u.
1:;l,;ALI:
NOT TO SCALE
DATE
FILE NO.
JUNE 8, 2000
GWY818
SHEET 1 OF 1
-ft
113
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT 511012.
PARCEL _ _ 8 J 0
FOLIO Q0-4<13l,p10OQ t
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE?
/ S 89038'10" E
300.00'
o
~ ~
o
M
=
o
M
Co
';:t~
N
(j)
P.O.B.
I N 89038'10" W 300.00'
~CO- go.~1 PARCEL 8lD
~., TAX PARCEL 61
~ ~ I
C/)
-- 60'1___
S 89U38'10" E 300.00'
t~
f J
w
=
o -
MO
_ 0
COo
';:tLO
N"-
Z
t
PERPETUAl. NON-EXCLUSIVE
DRAINAGE EASEMENT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
300.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 150.00 FEET; THENCE
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING.
EXHIBIT A
Page --.:Lof-AL
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RIW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED BY:
~-Ll122l~{-.i~~_
~RGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
1::i\;ALl:
NOT TO SCALE
DATE
FILE NO.
JUNE 8. 2000
GWY816
SHEET 1 OF 1
II!
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT
PARCEL _' 811
FOLIO OO~-i3(OB 0003
!?J 10/'2.
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE?
~ S 89038'10" E
300.00'
o
o
$; 0
It)
co
..-
.
o
C")
00
;;:t<
N
en
N 89038'10" W
300.00'
t~
~
$;
i
w
. -
00
C")~
- 0
000
~C")
N
Z
S 89038'10" E
300.00'
PEfIlElUAL.~
DIWtWJE EAtEMENT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
1650.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 300.00 FEET; THENCE,
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 300.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING.
EXHIBIT A
Page J 0 of-dZ..
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RfW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
:)\';ALI::
NOT TO SCALE
~RED BY:
~;;L-JlpLL00~________
~~?RGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
DATE
FILE NO,
JUNE 8, 2000
GWY824
SHEET 1 OF 1
lOF
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE?
/ S89038'10"E
PROJECT ,511DI2. ,
PARCEL 81 Z.
FOLIO 00-443,ZOoo2.
300.00'
o
$; q
= 0
o l{)
('I) ..-
Co >
,<
N
en
P.O.B.
I N 89038'10" W 300.00'
~ ~ ~I PARCEL 8)2.
Co 0 TAX PARCEL 63
~ ~ I
en
'- 60'1__
S 89U38'10" E 300.00'
~ j
f
LU
=
go
_ 0
~ci
o l{)
N"-
Z
t
peRPETUAL,N~EXCLUSWE
DRAINAGE EASEMENT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
150.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 150.00 FEET; THENCE
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING.
EXHIBIT A
Page -LLof--d.:z..
GENERAL NOTES
1} P.O.C. = POINT OF COMMENCEMENT
2} P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4}TWP. = TOWNSHIP
5} RGE. = RANGE
6} RIW = RIGHT OF WAY
7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8} NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED BY:
~Lt_____~~__
~GEORGE R. RICHMOND P.l.S. 2406
COLLIER COUNlY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
It"
1::il,;ALt:
NOT TO SCALE
DATE
FILE NO.
GWY815
SHEET 1 OF 1
JUNE 8, 2000
lQF
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE?
~9038'10" E
-
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT SJ101~
PARCEL _ 8\5' _
FOLIO oo-<t-453Z00()Z.
300.00'
o
~ q
o
- 0
g 0)
Co
,(
N
CI)
P.O.B.
I N 89038'10" W 300.00'
~CO- go.~1 PARCEL 615"
~., TAX PARCEL 103
~ ~ I
CI)
--- 60'1_-
S 89"38'10" E 300.00'
L
I~
w
=
o -
C")o
_ 0
co .
'O:to
o lC)
NT""
Z
IN
PII--E1lML. NON~
DMIWJE IAIEt8IT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02048'30" W ALONG THE WEST LINE OF SAID SECTION 32
900.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02048'30" W 150.00 FEET; THENCE
S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING.
EXHIBIT -'L
Page ..l.Lof"3!:
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) lWP. = TOWNSHIP
5) RGE. = RANGE
6) RfW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
, :;l;ALc
NOT TO SCALE
PREPARED BY: /1 I
~-____d~?_____
~RGE R. RICHMOND P.L.S. 2406
COLLIER COUNTt' PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
DATE
FILE NO.
JUNE 8, 2000
GWY819
SHEET 1 OF 1
PROJECT NO. 511012
PROJECT PARCEL NO. 816
FOLIO NO. 60783320005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
THE WEST 30 FEET OF THE SOUTH 158 FEET OF LOT 1,
BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38,
OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "E" )
N
PERPETUAl, NON-EXCLUSIVE
DRAINAGE EASEMENT
EXHIBIT A
Page ..J.L..of ...:tt...
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
04/06/064:12 PM
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PROJECT PARCEL NO: 728
TAX PARCEL NO. 13
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY)
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EXHIBIT A
Paoe 26 of::E
PREP ARED BY:
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Professional enllmeen. plannen. &c land surveyon
coWer _VI hi'" 100. 7_ T__ TnII, N_, N...... no N101 (Hl)e8'l-3Ul
Lee _VI hi'" 101. a_ BoadI7 _ "'" 1I1vI. no _1 (Hl)U7-3Ul
-.'" 01 .l.._u... Moo. UI _ ..... D _ FuI ("1___
SHEET 1 OF 2
01/11/06
10' T.C.E.
03/27/06
PARCEL 728
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCALE: 1" - 100'
DRAWN BY: .IAN DATE: JULY 16. 2002
CHECKED BY:-.GfA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-728
""::::;' ill
! ~
j
lQF
'Il
PROJECT: NO. 7599
PROJECT PARCEL NO: 728
TAX PARCEL NO. 13
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 728
THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK
2485, PAGE 627); .
THA T PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED
IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES,
AND RUN SOUTH 89'32'18" WEST ALONG THE NORTH LINE OF SAID TRACT M,
FOR A DISTANCE OF 457.44 FEET; THENCE SOUTH 28.33'33" WEST 527.00 FEET
TO A POINT OF CUR VA TURE OF A CURVE CONCA VED TO THE NORTHWEST;
THENCE ALONG THE ARC OF SAID CURVE HA VING A RADIUS OF 970.00 FEET, A
CENTRAL ANGLE OF 19.27'56", A CHORD BEARING SOUTH 38'17'31" WEST A
CHORD DISTANCE OF 327.96 FEET, A DISTANCE OF 329.54 FEET; THENCE SOUTH
48'01'29" WEST 400.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED PARCEL OF LAND;
THENCE SOUTH 41"58'31" EAST 300.00 FEET; THENCE SOUTH 48.01'29" WEST
341.80 FEET TO A POINT LYING ON THE NOR THEA S TERL Y RIGHT-OF-WA Y LINE
OF U.S. #41; THENCE ALONG THE NOR THEA S TERL Y RIGHT-OF-WA Y LINE OF U.S.
#41 NORTH 39'06'20" WEST 361.75 FEET; THENCE LEA VING THE SAID
NORTHEASTERL Y RIGHT-OF-WA Y LINE RUN 166.83 FEET ALONG THE ARC OF A
CURVE CONCA VED TO THE SOUTHEAST HA VING A RADIUS OF 558.01 FEET AND
SUBTENDED BY A CHORD HA VING A BEARING OF NORTH 59'27'36" EAST AND A
CHORD LENGTH OF 166.20 FEET TO THE POINT OF REVERSE CURVE; THENCE
RUN 164.06 FEET ALONG THE ARC OF A CURVE CONCA VED TO THE NORTHWEST
HA VING A RADIUS OF 470.00 FEET AND SUBTENDED BY A CHORD HA VING A
BEARING OF NORTH 58'01'29" EAST AND A CHORD LENGTH OF 163.23 FEET TO
THE POINT OF BEGINNING.
EXHIBIT A
Peoe 27 of 47
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENTOFCONS~
f
I
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TE:S TRAC 1 AP
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
PREP ARED BY:
.....
....
....
.....
.....
.....
.....
:::::: UNDAGE.-.
Profe..lonal enataeel'll, plamIen, Ie IaDd IIUMlIJOn
- CcnaIt;Jt - - .,- - -. -- ..... II. "1"1"15-:
10M ~ _ 101. 1_ __ ~ _ ~ II. _1 M1 -1111
c.taIID&te fill a_"'___'-'~ .... J.II 11I6 .... D ..... hili (Ml
SHEET 2 OF 2
01/11/06
10' T,C.E,
03/27/06
PARCEL 728
BY:
NO, 4390
GUY P.
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO: 8289
DATE: .JJLY 16. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289 728
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION
HIBIT L
2,8 of 47
'~
.1
:1
7599
828
13
19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF ACCESS EASEMENT (NOT A SURVEY)
LINE
L1
L2
LINE TABLE
LENGTH BEARING
50.27 S 38'59'10" E
61.20 S 48'08'38" W
~
~ f ~
/ .jf'"'
.(/ ,.f.J'f
C3
@
@
o
lO
(()
"'"
t'.J
............. VAL 164.06'
........ LEy STRE.:
........ AM DR,
TRACT M.....................
LEL Y GOLF ESTATES
TRACT MAP
(P. B, B, PG, 20)
@
(O,R, 2485, PG, 627)
~ @
I<)
NOR THEA S TERL Y
RIGHT-OF-WAY
LINE OF U.S. 41
.-
'V
en
,
::>
...J
<c
~
-
~
<
~
~
POINT OF
BEGINNING
(PR/VA TE
ROAD)
341.80'
~o
0.-
c::i0l
olO
-~
I<)
~
DRAINAGE EASEMENT
POINT OF
COMMENCMENT
MOST SOUTHERL Y
CORNER OF'
TR ACT M
CURVE
C1
C2
PREP ARED BY:
SECTION 19, TWP, 50 S" RGE, 26 E,
TR ACT L
@2LfLYGOLF'fSTATES
TRACT MAP
(P.B. 8, PG. 20)
DEL TA
74'00'57"
91'25'52"
CURVE TABLE
RADIUS ARC
18.78 24.26
45.00 71. 81
CHORD BEARING
S 80'32'50" E
S 84'42'06" E
CHORD
22.61
64.43
SHEET 1 OF 2
.....
....
....
.....
.....
.....
......
====== UNDAGE,JIIC.
Professional enetneers. planners. & land surveyors
CoUIu CouIlt,r. lhdw _. 7_ _ 1nIJ, N_, Naploo. no Nl08 (Nl)OI7-'1I1
Le. Co_t,r. lhdw 101. 1_ ......,. _ ro.t .,.., no _1 (Nl)aa7-'1I1
_w 01 Av.__ Moo. UI .... ODd D .... Put (Nl)Oeo-1I08
04/10/06
828
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCALE: 1" = 100'
DRAWN BY: JAN DATE: MARCH 28. 2006
CHECKED BY:-GfA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-828
~
II .'
si,
PROJECT: NO. 7599
PROJECT PARCEL NO: 828
TAX PARCEL NO. 13
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED ACCESS EASEMENT
PARCEL 828
THA T PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED
IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE MOST SOUTHERL Y CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES,
THENCE NORTH 38 '59'10" WEST ALONG THE SOU TH WESTERL Y LINE OF SAID TRACT M,
FOR A DISTANCE OF 100.08 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED PARCEL OF LAND;
THENCE CONTINUE NORTH 38 "59'10" WEST 115.24 FEET TO THE ARC OF A
CURVE CONCA VE SOUTHERLY HA VING A RADIUS OF 18.78 FEET, A CENTRAL
ANGLE OF 74 '00'57", A CHORD BEARING SOUTH 80 '32'50" EAST A CHORD
DISTANCE OF 22.61 FEET, AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH
38'59'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCA VE
NORTHERL Y HA VING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF
91 '25'52", A CHORD BEARING SOUTH 84 '42'06" EAST A CHORD DISTANCE
OF 64.43 FEET, AN ARC DISTANCE OF 71.81 FEET TO THE NORTHWESTERLY LINE
OF A 100' WIDE DRAINAGE EASEMENT; THENCE SOUTH 48'08'38" WEST 61.20 FEET
TO THE POINT OF BEGINNING.
EXHIBIT -L
Page '2'1 of~
ij
PREP ARED BY:
SHEET 2 OF 2
.....
::::IINOU
...~!
::::: ER &:
.....
......
...... r~AGE.-.
Profe..IoDlll enameel'll, plamuInt. Ie land lIUI'ftJOnt
- c:n.t,Jl - ... 7- - 1'lrIitL -, ...... II. MI. iINI_-'IU
1M --. _ 101. 1_ -*7 -.. _ ~ II. _I INI_-IIU
-- 01 ._~-~.... _ Y _ _II _ ram INI-"-
04/10/06
828
BY: .L.
GUY P. AW~ ~S, P.S,M, NO, 4390
SCALE: N.T.l
DRAWN BY: JA DATE: MARCH 28. 2006
CHECKED BY:...GfA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289 828
PROJECT: NO. 7599
PROJECT PARCEL NO: 729
TAX PARCEL NO. 13.7
'4J OF
~
j, ....' ...
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY)
~
'f1f f ~
~~.'
<?
@
'. .
'. .
". .
TRACT M ......
LEL Y GOLF ESTATES
TRACT MAP
(P,B, B, PG, 20)
@
~
PEPPER WOOD CONDO
Phase 1
POINT OF
BEGINNING
200.00'
VALLEY STREAM DR. (PR/VA TE
ROAD)
............................................................. .
o
o
c:i
o
I<)
(O,R, 925,
PG, 254)
@
@)
o
o
c:i
o
I<)
PARCEL 729~
OSED 10' T.C, ,
_ c:O:::~~T:::::: ~_
-, -2'Of/:O'(/----
SECTION 19,
TRACT L @
LEL Y GOLF ESTA TES 12
TRACT MAP
(P. B. 8, PG. 20)
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
PREP ARED BY:
.....
....
....
.....
.....
.....
......
:::::: UNDAGEoIIfC.
Professional engineers. planners. " land suneyors
Colli... _~ 1laIt. 100. 7_ _ TnII. _, Nap.. no NIH (Nllan-alU
.... Colm~ 1laIt. 101. 1_ ......" IItnet, hR ..,..., no _1 (Nl)aa7-IUl
CorWIo_t. of otJaoria__ Noa. LB .... aDd D .... PuI (Nl)Ne-1IOI
@
DRAINAGE EASEMENT
TR ACT A
LEL Y GOLF ESTATES
TRACT MAP
(P.B. 8, PG. 20)
EXHIBIT L
Page ~ of .47
SHEET 1 OF 2
01/11/06
10' T.C.E.
03/27/06
PARCEL 729
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCALE: 1" - 1 00'
DRAWN BY: JAN DATE: JULY 16. 2002
CHECKED BY:--'Ze! PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-729
10F
PROJECT: NO. 7599
PROJECT PARCEL NO: 729
TAX PARCEL NO. 137
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 729
THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED
LAND (O.R. BOOK 925, PAGE 254);
THA T PORTION OF TRACT M, LEL Y GOLF ESTA TES, TRACT MAP,
RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, DESCRIBED AS;
COMMENCE A T THE NE CORNER OF SAID TRACT AND RUN S 89'
32'18" W ALONG THE NORTH LINE OF SAID TRACT M FOR
457.44 FEET; THENCE RUN S 28'33'33" W FOR 527.00 FEET TO
A POINT OF CUR VA TURE; THENCE RUN 329.55 FEET ALONG THE
ARC OF A CURVE CONCA VE TO THE NORTHWEST HA VING A
RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HAVING
A BEARING OF S 38'17'31" W AND A LENGTH OF 327.96 FEET
TO A POINT OF TANGENCY; THENCE RUN S 48'01 '29" W A
DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB)
OF THE DESCRIBED LANDS.
FROM THE POB, RUN S 48'01'29" W FOR 200.00 FEET; THENCE
RUN S 41'58'32" E FOR 300.00 FEET; THENCE RUN N 48'01'29"
E FOR 200.00 FEET; THENCE RUN N 41'58'31" W FOR 300.00
FEET TO THE POB.
EXHIBIT A
Page .:3 ( of:li:
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
1/
, I
II
! I
I
BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRAq
PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDAj
.....
:1:: NOll
.....
II::: ER &:
......
II:::: UNDAGE,IIIC.
Profe.sional en&ineen. plannel'll, at: land suneyon
couav Ccnur.t;r. Ihdw 200. .,400 ,...... '!nO, Nca1io: N.,.. n. NIOl (MI)lill'1-S111
r.. Co.D\r. 8altII J01. 111I Ihadry sw..t, rem ..,... n. _. (Mt)SM-aul
c.runo... 01 Aathuts.tIoD Hoe. Ul 38N uuI D lI&N hlI, (NI_-_
01/11/06
10' T.C.E.
03/27/06
PARCEL 729
BY:
SHEET 2 OF 2
PREP ARED BY:
GUY P.
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO:
NO. 4390
DA TE: JULY 16. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289-729
J.. li
PROJECT: NO. 7599
PROJECT PARCEL NO: 730
TAX PARCEL NO. 13.12
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A
SURVEY~)
<P
"\
-rtJ- f ~
/ -$"
(/ r{)~
C:l
............................................................. .
........ .
.... .
@
PEPPERWOOD:CONDO
Phose 1
POINT OF
BEGINNING
Phose /I
200.00'
VALLEY STREAM DR, (PRIVA TE ROAD)
@)
@
@
@
TRACT M
LEL Y GOLF ESTATES
TRACT MAP
(P, B, B, PG, 20)
o
o
o
o
t<)
(O.R, 497,
PG, B89)
a
o
o
o
t<)
@
~
_________~Js~~~~~~-
200:00'- --
PARCEL 7JO
PROPOSED 10' T.C,E, DRAINAGE EASEMENT
@
TR ACT L
LEL Y GOLF ESTA TES
TRACT MAP
(P. B. 8, PG. 20)
TEMPORARY
CONSTRUCTtON EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
50 S" RGE, 26 E,
TR ACT A
LEL Y GOLF ESTA TES
TRACT MAP
(P. B. 8, PG. 20)
/
/
/
/
/
/
/
/
/
/
EXHIBIT A
Page 032. of AZ....
PREPARED BY:
.....
....
....
.....
.....
.....
......
:::::: UNDAGE,JIIC.
Professional enaineers. planners. .& land surwyors
cow... Ccnmv> 1oI11e _. noo T_ TnIl. _ "..... n. 14101 (NI)II7-11I1
Loe Co1lDV> _Ie 101. lUll ......,. 1Ilnn. Pan .,." n. _I (NI)II7-11I1
CaWIo.Ie of __ "... LI 11IM ..4 IB 11IM """ (NI)eH-_
SHEET 1 OF 2
01/11/06
10' T.C.E.
03 27 06
PARCEL 730
BY:
GUY P. ADAMS. P.S.M. NO. 4390
SCALE: 1" = 100'
DRAWN BY: JAN DATE: JULY 16. 2002
CHECKED BY:..JZeA. PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-730
1 0 I::'
PROJECT: NO. 7599
PROJECT PARCEL NO: 730
TAX PARCEL NO. 13.12
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 730
THE SOUTHEASTERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R,
BOOK 497, PAGE 889);
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES, AND RUN S 89"32'18" \IV, ALONG THE NORTH LINE OF SAID
TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" \IV, FOR 527,00
FEET TO A POINT OF CUR VA TURE; THENCE RUN 329.55 FEET ALONG THE
ARC OF A CURVE CONCA VE TO THE NORTHWEST, HA VING A RADIUS OF
970.00 FEET, AND SUBTENDED BY A CHORD HA VING A BEARING OF S 38'
17'31" \IV, AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY AND
THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF
LAND;
THENCE RUN S 48"01'29" \IV, FOR 200.00 FEET; THENCE RUN S 4 r58'31"
E, FOR 300.00 FEET; THENCE RUN N 48"01 '29" E, FOR 200.00 FEET;
THENCE RUN N 41"58'31" W, FOR 300.00 FEET TO THE POINT OF
BEGINNING.
EXHIBIT A
Page 3" of~
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
1
PREP ARED BY:
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TE:S TRAC
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
.....
....
....
.....
.....
.....
......
:::::: UNDAGE,JItC.
Professional enlineers. planners, Ie land surveyors
CoIIIOI' Coaat.To lhdto 100. 7400 T_ TnII, M_, Maploo. n. N101 (1&1)617-1111
... Co_t.r. llalto 101. 1_ IIadr7 _ Pori .,..., n. _I (1&1)117-1111
CaUIIcleto of Au_aU.. M... LI _ uu\ .. _ """ (1&1""-_
01/11/06
10' T.C.E.
03/27/06
PARCEL 730
SHEET 2 OF 2
BY:
NO. 4390
DATE: JULY 16. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289-730
.b
PROJECT: NO. 7599
PROJECT PARCEL NO: 731
TAX PARCEL NO. 13.10
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) ~
f./ ,,(;)~
-!If f q
~/f.'
"
REGENCY WOODS
CONDO
.., .
Phase 1/
PEPPERWOOD:CONDO
Phase 1 Phase 1/
@
@
o
TRACT M ~
LEL Y GOLF ESTATES g
TRACT MAP
P,B, 8, PG, 20
@
@
(O,R, 527,
PG, 746)
BUCKEYE
PALMS
CONDO
@
@
@9
SOUTHEASTERLY 10' _
r .... ___ --
==T=21i~'=~ PARCEL 731
PROPOSED 10' T.C,E.
DRAINAGE EASEMENT
/
SECTION 19, TWP, 50 S" RGE, 26 E. /
TRACT A /~ 'M-v~
LEL Y GOLr ESTA TES // <) <:t<v~ _ -.......
TRACT MAP // '\'?-Cj '" //
(P.B. 8, PG. 20) / >
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
EXHIBIT A
Page 34 of:li
PREP ARED BY:
.....
....
....
.....
.....
.....
......
====== UNDAGE.-.
Professional engineel"ll. plannel"ll. lie land SUJ'V8yol"ll
CoIIIor Coaatr- lhdto 100. 7_ T___ TnlJ, N_, NopIoo. n. Ml" (Ml)187-S111
1.0. Coaatr- lhdto 101. ._ ~ _ Pori ..,.... n. _1 (Ml)aa7-S111
_to '" ..._U_ N_ L8 -. ODd D -. Ful ("1)11I-_
SHEET 1 or 2
01/11/06
10' T.C.E.
03/27/06
PARCEL 731
BY:
GUY P. ADAMS. P.S.M. NO. 4390
SCALE: 1. - 100'
DRAWN BY: JAN DATE: JULY 16. 2002
CHECKED BY:.jzfA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-731
10F.
PROJECT: NO. 7599
PROJECT PARCEL NO: 731
TAX PARCEL NO. 13.10
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 731
THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK
527, PAGE 746);
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES, AND RUN S 89'32'18" t.V, ALONG THE NORTH LINE OF SAID TRACT M,
FOR 457.44 FEET; THENCE RUN S 28.33'33" t.V, FOR 527,00 FEET TO A POINT
OF CUR VA TURE; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE
CONCA VE TO THE NORTHWEST, HA VlNG A RADIUS OF 970.00 FEET, AND
SUBTENDED BY A CHORD HA VING A BEARING OF S 33.25'32" t.V, AND A LENGTH
OF 764.58 FEET TO A POINT ON THE CURVE AND THE POINT OF BEGINNING OF
THE HEREINAFTER DESCRIBED PARCEL OF LAND;
THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE
NORTHWEST, HA VING A RADIUS OF 970,00 FEET, AND SUB TENDED BY A CHORD
HA VING A BEARING OF S 43'09'30" W AND A LENGTH OF 164,58 FEET TO A
POINT OF TANGENCY; THENCE RUN S 41'58'31" E FOR 300.00 FEET; THENCE
RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST,
HA VING A RADIUS OF 1270.00 FEET, AND SUB TENDED BY A CHORD HA VlNG A
BEARING OF N 43.09'30" E, AND A LENGTH OF 215.47 FEET TO A POINT ON
THE CURVE; THENCE RUN N 51"42'29" t.V, FOR 300.00 FEET TO THE POINT OF
BEGINNING;
EXHIBIT --tL
Page 35 of~
I
PREP ARED BY:
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TES TRACT M P
PLA T BOOK 8, PAGE 20, COLLIER COUNTY. FLORIDA
.....
....
....
.....
.....
.....
......
:::::: UNDAGE""".
Profeaalonal enemeere. plannen. & land aurveyon
CoIIIo:r _"" 8aI1<1 100. ?too _ TNII. "_, "lIp_. n. MIOII (NI)tIrr-11I1
.., Co_"" 8aI1<1 101. I" ......." _ Part .,.,.., n. _I (NI)aa'l'-11I1
CaUftoal<l 01 Aa__ M... LB .... ODd D .... ru. (NI)He-_
01/11/06
10' T.C.E.
03/27/06
PARCEL 731
BY:
SHEET 2 Or 2
GUY P. AD.Al
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO: 8289
NO. 4390
TE: JULY 16. 2002
P OJECT NO.: 7599-1
AC D NO: 8289 731
-
1 '.:
~,.,'
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
7599
732
13.4
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A
TEMPORARY
CONSTRUC,TION EASEMENT
(DURATION: '3 YEARS FROM
COMMENCEMENT OF .~ONSTRUCT1ON)
SURVEY)
-A.~
."1/' ,0
~.,-~
SC~'v1{;.
'. .
@
PEPPER WOOD :'CONDO
Phase 1
Phase /I
REGENCY: WOODS
CONDO
Phase /I Phase /II
'. .
POINT OF
BEGINNING
VALLEY (PR/VA TE
..... STREAM DR, ROAD)
'" .
@
@
........... .
BUCKEYE
PALMS
@ CONDO 0
@ 0
ci
0
I')
@W (O,R, 1432,
PG, 1467)
XHIBIT ..A-
of~
__..[SQUTHEASTERL Y 10'
---
-7-2i573;=~ ----------
DRAINAGE PARCEL 732
EASEMENT PROPOSED 10' T.C,E,
VALLEY STREAM
COURT INC. CONDO
@
TRACT M
.............................. .
LEL Y GOLF EST A rES
TRACT MAP
(P, B, 8, PG, 20)
@
SECTION 19, TWP, 50 S" RGE. 26 E,
TRACT A ///
LEL Y GOLF ESTATES
TRACT MAP'
(P.B. 8, PG. 20)
110' FP&L EASEMENT
/
/
/
/
"
LEL Y GOLF ESTA TES UNIT 1
(P.B. 8, PG. 49)
@ @ @ @
/'
PREP ARED BY:
SHEET 1 OF 2
.....
I::: 01/11/06
.....
I:::: 10' T.C.E.
......
I::::: UNDAGE,JIlC. 03 27 06
Professional eneineen. plannen. Ie land euneyon
CoIIIor -~ hi'" _.1400 T_ TnIJ, N_, Naploo. "' UllN1 (lUl)6I7-llU PARCEL 732
... -~ hi'" 101. 1110 ......,. IIVHt, Pori 1lJwo. "' _1 (lUl)117-ll11
--.'" 01 ...~_ N_ UI _ _ D _ I'ul (lUl)Ne-aoa
BY:
GUY P. ADAMS. P.S.M. NO. 4390
SCALE: 1- - 100'
DRAWN BY: JAN DATE: JULY 16. 2002
CHECKED BY:..JlfA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-732
U"'\ F
~ g
.l
PROJECT: NO. 7599
PROJECT PARCEL NO: 732
TAX PARCEL NO. 13.4
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 732
THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK
1432, PAGE 1467);
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED
IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA AND MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES,
AND RUN SOUTH 89032'18" WEST, ALONG THE NORTH LINE OF SAID TRACT M,
FOR 457.44 FEET; THENCE RUN SOUTH 28033'33" WEST, FOR 527.00 FEET TO
THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND;
THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE
NORTHWEST, HA VlNG A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD
HA VING A BEARING OF SOUTH 33'25'32" WEST, AND A LENGTH OF 164.58 FEET;
THENCE RUN SOUTH 51042'29" EAST FOR 300.00 FEET; THENCE RUN 215,73
FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HA VING A
RADIUS OF 1270,00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF
NORTH 33025'32" EAST, AND A LENGTH OF 215.47 FEET; THENCE RUN NORTH 61
'26'27" WEST, FOR 300.00 FEET TO THE POINT OF BEGINNING;
EXHIBIT ..lL.
Page :37 of --1Z..
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
;'
PREP ARED BY:
BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRACT ~~P
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
SHEET 2 Or 2
.....
II:ii~NOU
.....
1::1: BER &
......
......
...... t~NDAGE,JIlC.
Professional enilneeno. planneno. Ie land suneyono
Colli.,. CcnIIlv: IIoliIo 110O, noo 'f_ TnIJ, _ MapJo.. PI. 14101 (NI)07-1111
Leo Co_V: ..10 101. 1_ IIoDdI7 _ Pori .,..., PI. _I (NI)II7-11I1
CvWIoaIo of __ M... L8 _ ..4 II _ PuI (NI)eee-1IOlI
01/11/06
10' T.C.E.
03/27/06
PARCEL 732
l'
GUY P. A~ iA. , P.S.M.
SCALE: N T ~
DRAWN BY: .IAN DATE: JULY 16. 2002
CHECKED BY:....GEA \ PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289 732
,
NO. 4390
BY:
PROJECT: NO. 7599
PROJECT PARCEL NO: 733
TAX PARCEL NO. 13.2
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH Of TEMPORARY CONSTRUCTION EASEMENT (NOT A
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
SURVEY)
~
~..t~
SC~.s'
PEPPER WOOD
CONDO
Phose /I
@
Phose /I
REGENCY WOODS
CONDO
Phose II/
Phose
TRACT M:
LEL Y GOLF ESTA TES
TRACT MAP
(P,B, a, PG, ~O)
POINT OF
BEGINNING
.... .
..... .
400.:00'
VALLEY STREAM: DR, (PR/VA TE
ROAD)
'. .
........... .
BUCKEYE
PALMS
CONDO
@
VALLEY STREAM
COURT INC. CONDO
o 0
~ @ ~
.............................. .0...............................
(O,R,; 618,
PG, ~1729)
VISTA RIO
CONDO
@
---
SOUTHEA:STERL Y 10'
______L___:___~-----
-----T-400.00'-- -----
PARCEL 7JJ
DRAINAGE EASEMENT PROPOSED 10' T.C.E,
EXHIBIT -A-
Page ..38 of 47
SECTION 19, TWP, 50 S" RGE. 26 E.
110' FP&L EASEMENT
..>
o
~o.
\n~
~"Y.:
~~
~~
~
---
LEL Y GOLf ESTA TES UNIT 1
(P.B. 8, PG. 49)
@ @ @ @ @)
@
PREP ARED BY:
.....
....
....
.....
.....
.....
......
:::::: UNDAGE,IIIC.
Professional enginee1'8. planne1'8. " land suneyo1'8
c_ CouIl~ lIaIt. 100. 7_ T_ TnII. _. M..Ioo. no 14IOB (1141)1187-1111
Leo CcMm~ lIaIt. 101. 1_ IIoBd>7 _ ron.,..., no _I (1141)117-1111
__at. 01 ....._ M... US _ uu\ D _ ru: (1141_-_
SHEET 1 Of 2
01/11/06
10' T.C.E.
03 27 06
PARCEL 733
BY:
GUY P. ADAMS. P.S.M. NO. 4390
SCALE: 1- - 100'
DRAWN BY: JAN DATE: JULY 17. 2002
CHECKED BY:...GeA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-733
\;,~:o
PROJECT: NO. 7599
PROJECT PARCEL NO: 733
TAX PARCEL NO. 13.2
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 733
THE SOUTHEASTERL Y 10 FEET OF THE FOLLOWING DESCRIBED
LAND;
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT
MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NE CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES, AND RUN S 89-32'18" l4I, ALONG THE NORTH LINE OF
SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" l4I,
FOR 127.00 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL OF LAND;
THENCE RUN S 28.33'33" W FOR 400,00 FEET; THENCE RUN S
61-26'27" E, FOR 300,00 FEET; THENCE RUN N 28'33'33" E,
FOR 400,00 FEET; THENCE RUN N 61.26'27" W FOR 300.00
FEET TO THE POINT OF BEGINNING;
EXHIBIT -L
Page ~of--!tZ..
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
1
PREPARED BY:
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TE:S TRACT Ai AP
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
SHEET 2 or 2
.....
:::=iINOIJ
.....
::::: BER &
......
......
...... t~NDAGE,_.
Prolessional enlineen. plannen. ole land surveyon
CoUhr CouDt,r- Ihdto 110O. 7_ T__ TnlI. _, lIopI_. PI. MII11 (NI)l87-all1
"" CouDt,r- Ihdto 101. 1_ -..,. _ r.m II,ywn, PI. _I (NI)aa7-all1
_..to of ...__ 11_ LII .... .... D .... Pal (NI)OM-aoa
01/11/06
10' T.C.E.
03/27/06
PARCEL 733
BY:
GUY P. 14. ' S. P.S.M. NO. 4390
SCALE: N T (
DRAWN BY: JA DATE: JULY 17. 2002
CHECKED BY: -'~ PROJECT NO.: 7599 1
FILE NO: 8289 ACAD NO: 8289 733
\
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
7599
834-A
13.1
1. OF
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF ACCESS EASEMENT (NOT A SURVEY)
CURVE
C1
C2
CURVE TABLE
RADIUS ARC
55.00 81.45
75.00 80.33
@
CHORD
74.21
88.73
DELTA
84'51'08"
61'22'04"
RECENCY WOODS
CONDO
Phose III
Phose I V
(PR/VA TE VALLEY STREAM DR.
ROAD) TRACT M
. .. . . . . . ... ..................
LEL Y GOLF ESTATES
TRACT MAP
@ (p,e, 8, PG, 20)
VALLEY STREAM @
COUR T IN . CONDO
(O,R, 618,
PG, 1729) @
@
CHORD BEARING
S 03'59'24" E
N 21'18'43" W
-A./;
.~ j/' ,,0
~.",,~
sc~...;;.
LINE TABLE
LENGTH
28.83
33.81
81.08
149.83
13.04
BEARING
S 89'39'27" W
S 46'24'58" E
S 38'26'43" W
S 43'35'02" W
N 46'24'58" W
127.00'.
VISTA RIO
CONDO
@)
(0, R, 794,
PG, 1467)
PARCEL 834- A
PROPOSED ACCESS
EASEMENT
AREA=2,902 SQ. FT.
lL.~
o~
~~
;Zn.
oLiJ
Q..0l
o
o
c:i
o
I'<)
DRAINAGE EASEMENT
SECTION 19, TWP, 50 S" RGE. 26 E,
- - - - - - - -- - -\- - - - - -\-- - - - - -- .~g~JE~6EMENT
110' FP&L EASEMENT \ \ TRACT B NORTHEAST-cORNER
OF TRACT M
LEL Y COLF ESTA TES U
(P. B. 8, PC. 49)
@ @) @
EXHIBIT ..L
Page 040 of~
PREPARED BY:
.....
....
....
.....
.....
.....
......
:::::: UNDAGEoIIlC.
Professional engineen, plannen, & land surveyon
Colli... e.nuat;r. hi.. _. noo T_ TnJI, If_, Ifopl_, n. N101 ("'1)11111-3111
1.0, eo....t;r. hi.. 101. 1_ ......,. _ 10n ll1wn. n. _1 ("'I)ilI7-3111
CorIltloa.. 01 __ If... LII _ ..d D _ _. ("'1)11I8-_
04/10/06
834- A
..>
o
~O~
~a
~~
~~
~~
~
LEL Y COLF ESTA TES UNIT 1
(P08. PG\) CD
SHEET 1 OF 2
BY:
GUY P. ADAMS. P.S.M. NO. 4390
SCALE: 1" - 100'
DRAWN BY: JAN DATE: MARCH 28, 2006
CHECKED BY:~ PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289 834A
PROJECT: NO, 7599
PROJECT PARCEL NO: 834-A
TAX PARCEL NO. 13.1
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED ACCESS EASEMENT
PARCEL 834-A
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS
RECORDED IN PLA T BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER
COUNTY, FLORIDA, AND MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES, AND RUN S 89-39'27" w: ALONG THE NORTH LINE OF SAID
TRACT M, 119,07 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED EASEMENT;
THENCE CONTINUE S 89-39'27" W ALONG THE NORTH LINE OF SAID
TRACT M, 28,83 FEET; THENCE RUN S 46 -24'58" E, 33,81 FEET TO
THE BEGINNING OF A CURVE CONCA VE WESTERL Y HA VING A RADIUS
OF 55,00 FEET, A CENTRAL ANGLE OF 84 -51 '08", A CHORD BEARING OF
SOUTH 03-59'24" EAST A CHORD DISTANCE OF 74,21 FEET, AN ARC
DISTANCE OF 81,45 FEET; THENCE SOUTH 38-26'43" WEST, 81.08 FEET TO
THE NORTHWESTERL Y LINE OF A DRAINAGE EASEMENT;
THENCE NORTH 43-27'53" EAST, 149,83 FEET TO THE ARC OF A
CURVE CONCA VE WESTERL Y HA VING A RADIUS OF 75,00 FEET, A
CENTRAL ANGLE OF 72-31'39", A CHORD BEARING OF NORTH 21-18'43" WEST
THENCE NORTH 46-24'58" WEST, 13,04 FEET TO THE POINT OF BEGINNING,
EXHIBIT --L
Page..:!Lof A..,
PREP ARED BY:
SHEET 2 OF 2
.....
==== NOll 04/10/06
....
===== ER " 834-A
.....
====== UNDAGE.-.
ProIe..IoDal eqineen. plaJmen. Ie iaDd lNI'ft70n
c:.DIer ~ _ -. ,- _ -. -, ....... no M1D1 JM151111
r.. ___ _ 101. 1aI -.-, ~ _ ~ no _1 M1 -1111
_"~_----_f.l__._ _ 1&1
BY:
NO, 4390
GUY P.
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO: 8289
DATE: MARCH 28. 2006
PROJECT NO.: 7599-1
ACAD NO: 8289-834A
PROJECT: NO. 7599
PROJECT PARCEL NO: 834-8
TAX PARCEL NO. 13.1
1,"",.
lP',
"
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF DRAINAGE EASEMENT (NOT A
CURVE
C1
CURVE TABLE
RADIUS ARC
75.00 80..3.3
CHORD
76.55
DELTA
61'22'04 "
@
REGENCY WOODS
CONDO
Phase III
Phase I V
(PR/VA TE VALLEY STREAM DR,
ROAD) TRACT M
. . . . . . . . .. LELY 'dOLF' ESTATES
TRACT MAP
@ (P.B, 8, PG, 20)
VALLEY STREAM @
COUR T IN . CONDO
(O,R, 618,
PG, 1729) @
@
CHORD BEARING
S 15'4.3'56" E
SURVEY)
-A.~
~~p \0
.,. ~
\
SC~..J;'
LINE TABLE
LINE LENGTH BEARING
L1 13.04 S 46'24'58" E
L2 115.04 N 43'27'53" E
VISTA RIO
CONDO
@
(O,R, 794,
PG. 1467)
PARCEL 834-8
PROPOSED DRAINAGE
EASEMENT
AREA=3,738 SQ. FT. :f:
~
~~
I-~
~~
OLIJ
Q..m
DRAINAGE EASEMENT
SECTION 19, TWP, 50 S" RGE. 26 E,
----------\------\-------
110' FP&L EASEMENT TRACT B
\ \
POINT OF
- -COMMENCEMENT
NORTHEASr-tORNER
OF TRACT M
LEL Y COLF ESTATES U
(P. B. 8, PC. 49)
@ @)
..J>
o
~o~
~<:)
~~
~~
PERPETUAl. NON-EXClUSM ~
DRAINAGE EASEMeNT
LEL Y COLF ESTA TES UNIT 1
(PCB' PG\) @
EXHIBIT A
Page~of 41
SHEET 1 OF 2
@
PREP ARED BY:
.....
....
....
.....
.....
.....
......
:::::: UNDAGE.-.
Prote..loDAl enctneen. pl.amull'8, ole 1IIDl1 8Ul'ftyon
- ~ - -. ,- _ 1NII. .-, ...... no M101 ~Ml)11'r-1111
1M --. _ 101. 1_ ....,. _ _ ---. no _1 N1=-~
c.uao.... ., &-......, ~~.... UI ... all . ... .... ..1
04/10/06
A.E, TO D.E.
BY:
GUY P. ADAMS. P,S.M. NO, 4390
SCALE: 1. - 100'
DRAWN BY: JAN DATE: MARCH 28. 2006
CHECKED BY:.J:ZeA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289 834B
10F-
PROJECT: NO. 7599
PROJECT PARCEL NO: 834-8
TAX PARCEL NO, 13.1
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED DRAINAGE EASEMENT
PARCEL 834-B
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS
RECORDED IN PLA T BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER
COUNTY, FLORIDA, AND MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES, AND RUN S 89-39'27" ~ ALONG THE NORTH LINE OF SAID
TRACT M, 9,55 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED EASEMENT;
THENCE CONTINUE S 89- 39'27" W ALONG THE NORTH LINE OF SAID
TRACT M, 109,51 FEET; THENCE RUN S 4024'58" E, 13,04 FEET TO
THE BEGINNING OF A CURVE CONCA VE WESTERL Y HA VING A RADIUS
OF 75,00 FEET, A CENTRAL ANGLE OF 61 -22'04", A CHORD BEARING OF
SOUTH 15-43'56" EAST A CHORD DISTANCE OF 76,55 FEET, AN ARC
DISTANCE OF 80,33 FEET; THENCE NORTH 43-27'53" EAST, 115,04 FEET TO
THE POIN T OF BEGINNING,
EXHIBIT A
Page 43 of 47
PERPETUAl, NON-EXClUSIVE
DRAINAGe EASEMENT
PREP ARED BY:
SHEET 2 OF 2
.....
:==: 04/10/06
....
::::: A.E, TO D.E.
.....
:::::: UNDAGE.-.
Prof_lanaI euciDeel'll. plamull'll. lie !aDd Rrft701'11
- CnDl;Jl - -. 7_ __ !'ndI, JleoUq ..... no Mlue i"l)117-1111
- --. _ 101. 1_ -,. -. '""' ...... no _1 "1)117-1111
c:.tIIIIIate III ...-.t---"-.... ............. D ... hm: "1)11I-_
BY:
NO. 4390
GUY
SCALE:
DRAWN BY:
CHECKED B :
FILE NO: 8289'
DATE: MARCH 28. 2006
PROJECT NO,: 7599-1
ACAD NO: 8289-8348
PRO.ECT: NO. 7599
PRO.ECT PARCEL NO: 836
TAX PARCEL NO. 1
11 ,i~,'~'
j' ,~:;''..J
'(>.~
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY)
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE & ACCESS EASEMENT)
~
{>-lWS
" ('{( P
"'BUC\<- ONOO
. C~
. ""<t-
'. ,..,-j
. ~
'"'"' : ~ CID
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~
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~
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~ L&,j
- ~
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..
ci V;
Q C
~ @ It)
L5 ~
~
V)
>- 0)
Lu .....
-J ~
-J :
~::
@ J::
~
~
PREP ARED BY:
\
~
~.~~
~.
~
~.
LEL Y GOLF ESTA TES
UNIT NO. 1
(P. B. 8, PG. 49)
~
\
\
\
\
\J
il'o
\ 'o~.
,I ,
I- t '
() 1 1 ", /0"
~ I', "
f!: 1 1 " ?,;o:: ",
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...( I~ ~ ", ~ ",
~ ~ 11 ~ f3 ", ~/' '
ex) 1 1 ~ F= S', "
-J LJ 1 1 ~ ~ Q C\I ", "
t3 all ~ ~ ~ ~ (.!) ""
~ b -J J-l1 t; La.. I- Q '.
QC\J ~-J()cx5 8
EJ ~g~ai
V) >-,
o ...... ~
Q La.:j
o -J
0:::
Q
~
'.
"
,
,
,
,
,
,
,
,
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"
,
,
,
,
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,
,
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as
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:cc
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f-ltJ~~
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<::( -J U ~
0::: 0 <::( ex)@_
1--= ~ 0::: . ~ "
>--I--=~
-J Q
ltJ '-....-
-J
EXHIBIT ~
Pege~of-1L
SHEET 1 OF 2
.....
:::: 04/10/06
....
::::: ADDED A,E.
.....
I::::: UNDAGE~
Prof...lonal en&ineen. plamuln. Ie !aDd lI1UWyon
CoIIIor Cnat;rI _ _. 7_ _ TNII, _ _..-, no 161M 1161)117-11111
_ c-al;pl _ 101. U. -,. -. ..... __ no _1 161)117-11111
_.. '" .-~~- .... g _ _. _ ru. (161___
BY:
GUY P. ADAMS, P.S,M. NO. 4390
SCALE: 1. - 150'
DRAWN BY: JAN DATE: .AJLY 17. 2002
CHECKED BY:.JZeA, PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289 SD9
lQ~F
PROJECT: NO. 7599
PROJECT PARCEL NO: 836
TAX PARCEL NO. 1
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED 20 FOOT DRAINAGE AND ACCESS EASEMENT
PARCEL 836
THE NORTHWESTERL Y 20 FEET OF TRACT A, (ADJOINING TRACT M) LEL Y GOLF ESTA TES, TRACT MAP,
AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT -A..
Page~of ...€!Z-
.....
....
....
.....
.....
.....
......
:::::: UNDAGE,IIIC.
Professional enllineers. planners. &: land surveyors
Colli... COUDV; lIalt. 100. 7_ TomIom1 ThIJ, N_, N...... no U10l1 (1141)6117-8111
Ln COUDV; lhdto 101. ... a-dI7 _ FoR ..,.... no lIIBOl (1N1)aa7-8111
_..to of .t.,,_Uoa No.. UI _ .... .. _ hz, (1141_-_
04/10/06
ADDED A.E.
BY:
SHEET 2 OF 2
PREP ARED BY:
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TES TRA
PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORI
GUY P.
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO: 8289
NO. 4390
DATE: JULY 17. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289-509
PROJECT: NO. 7599
PROJECT PARCEL NO: 837
TAX PARCEL NO.
1
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY)
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE EASEMENT)
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POINT OF 4- hl\ 't)
BEGINNING ~~-i' ~~() 6'1!'t~,p~
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LINE TABLE
LINE LENGTH
L1 .35.15 S 29'55'24" W
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@
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DEL TA
72'58'11"
6818'51H
PREP ARED BY:
.....
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Protessional enemeers. planners. &< land surveyors
C_ CGQDt,y: 1hI1'" 100. 7400 T_ TnII, N_. Naploo. PI. HI" (1141)0117-1111
... Cownt,y: 1hI1'" 101. 1_ .0DdI:r lIInot., ron .,.... PI. _1 (1141)117-1111
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TR ACT A
LEL Y GOLF ESTA TES
TRACT MAP
(P. B. 8, PG. 20)
CURVE TABLE
RADIUS ARC
.30.00 .38.21
.30.00 .35. 77
CHORD CHORD BEARING
.35.68 S .3516'22" E
.3.3.69 N 8.3'40'29H W
SHEET 1 OF 2
04/10/06
ADD nJRN OUT
BY:
GUY P. ADAMS. P.S.M.
SCALE: 1" = 150'
DRAYm BY: JAN
CHECKED BY:--GfA
FILE NO: 8289
NO. 4390
DATE: JULY 17. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289-837
(fj
PRO.ECT: NO, 7599
PRO.ECT PARCEL NO: 837
TAX PARCEL NO,
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED DRAINAGE 8c ACCESS EASEMENT
PARCE:L 837
ALL THAT PART OF TRACT B, LRY GOLF ESTATE:S, UNIT NO.1, AS RECORDED IN PLAT BOOK
8, PAGE 49, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA BEING MORE PARTlCULARY
DESCRIBED AS FOLLOWSi
BEGINNING A T THE NORTHWEST CORNER OF SAID TRACT Bi
THENCE NORTH 89'32'18- EAST 7.40 FrET TO THE NORTH QUARTE:R CORNER OF
SAID SECTION 19, TO~SHIP 50 SOUTH, RANGE 26 EASTi
THENCE SOUTH 89'39'41- EAST 22,60 FrETi
THENCE: SOUTH 0'26'59- WEST 64,00 FrETi
THENCE: SOUTH 37'31 '06- WEST 234.75 FrET;
THENCE SOUTH 28'33'33- WEST 230.38 FrET TO THE BEGINNING OF
A CIRCULAR CURVE: CONCA VE: NORTHEASTE:RL Y HA VlNG A RADIUS
OF 30.00 FrET, A CENTRAL ANGLE OF 72 '58'11-, A CHORD BEARING OF
SOUTH 35'6'22- EAST A CHORD DISTANCE OF 35,68 FrET, AN ARC
DISTANCE: OF 38,21 FrETi
THENCE SOUTH 29'55'24- WEST, 35.15 FrET TO THE ARC OF
A CURVE: CONCAVE: SOUTHERLY HAVING A RADIUS OF 30.00 FrET,
A CENTRAL ANGLE OF 68'8'51-, A CHORD BEARING OF
NORTH 83'40'29- WEST A CHORD DISTANCE OF 33,69 FrET, AN ARC
DISTANCE OF 35.77 FrETi
THENCE: SOUTH 28'33'33- WEST 390.11 FrET TO TRACT Ai
THENCE: SOUTH 66'27'45- WEST ALONG TRACT A 32.56 FrETi
THENCE NORTH 28'33'33- EAST ALONG TRACT B 983,90 FrET TO THE POINT OF BEGINNING OF
THE DRAINAGE: AND ACCESS EAsrMENT HEREIN DESCRIBED.
EXHIBIT ..A..
Page ALof..4Z..-
GUY P. AD
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO: 8289
SHEET 2 OF 2
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TE:S TRACT
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
PREP ARED BY:
.....
....
....
....
.....
.....
.....
:::::: UNDAGE.-.
ProfenIoDal encm-n. plaDD8l'l1, ell: !aDd IIU1'ftJOnl
_ c:-t;ro _ -. ,_ - ~ - If...... n. M1D1 illU)H'r-11U
1M c:-t;ro _ 101. .... -, .--. _ .,.. n. _1 IIU)II'r-11U
_.._.....----_1.1I__._ _ "1"-
04/10/06
ADD TURN OUT
BY:
NO, 4390
DATE: JULY 17. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289 837
10 p
mA-Y ql :Zoo~
tA-~<l.. t~ II f 70
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.,. County
Memorandum
To:
James Mudd, County Manager
EXHIBIT "D"
From:
Norman Feder, Administrator
Transportation Services Division
Date:
April 3, 2006
Subject: Condemnation Resolution for LASIP Phase 1
On May 9, 2006 the Board of County Commissioners will consider the adoption of a
Condemnation Resolution for the property interests necessary to construct portions of the Lely
Area Stormwater Improvement Project (LASIP). The property will provide the necessary land to
construct a comprehensive stormwater outfall system for an area of East Naples formerly known
as Water Management District #6 which has for years experienced an increasing level of
drainage related problems.
Obtaining all necessary LASIP State and Federal environmental permits has been a very long
and arduous task. An Environmental Resource Permit from the South Florida Water
Management District was issued on October 13, 2004 authorizing construction and operation for
phase one of the project and conceptual approval of all future phases and the remainder of the
project. This phase one construction authorization expires on October 14, 2009 per special
condition number one. All phase one construction must be completed prior to this date.
Conceptual approval for the remainder ofthe project must be renewed every two years from date
of issuance (October 13, 2004) by submittal of a permit modification application requesting
construction authorization of the next phase. An Army Corps of Engineers permit was issued for
the entire project on July 25, 2005. This is a construction authorization for the entire project
which expires on July 25, 2015. With these two critical permits now issued, construction
planning is well underway with commencement of a portion of phase one construction following
the 2006 rainy season.
Right of way (easement) acquisition is essential to complete phased construction of this project
within the regulatory permit timelines. The following sections of LASIP are anticipated to
commence construction this year. They are permitted with all necessary easements acquired.
I. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely
Branch Canal from Rattlesnake Hammock Road north to the southeast corner of the Kings
Lake Community. Improvements to this section of canal will be completed in two phases.
Page 1 of3
.-~~'-"~~_...---,
lOt
2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located
immediately north of the Naples Lakes Development, as required mitigation by the South
Florida Water Management District and the Army Corps of Engineers. This work will
proceed in phases. The first phase will include hand removal of all exotic vegetation in
select areas. Subsequent phases will include mechanical clearing of exotics in other more
heavily impacted areas followed by replanting with native species. An annual maintenance
and monitoring program will also commence for a minimum of five years. A small passive
park with a mulched trail and wildlife observation deck is also planned.
3. Construction of LASIP components associated with the Rattlesnake Hammock Road
Improvement Project. This includes installation of approximately 3,500 feet of box culvert
which will convey offsite stormwater flows to the west and south.
4. Construction of LASIP components associated with the four laning of County Barn Road.
This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch
LASIP elements planned to commence construction in 2007 and 2008 that are permitted but
require easements and are:
1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the
north side of US 41 to the south side of Rattlesnake Hammock Road.
2. Construction of the Treviso Bay (AKA Wentworth Estates) Lely Manor East Outfall Canal,
approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at
the downstream (southern) end of the project and a stormwater pumping station located at
approximately the canal's midpoint. The pumping station will lift surface water out of the
canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge
into Rookery Bay National Estuarine Research Reserve.
The Treviso Bay Development has committed to convey to Collier County all LASIP easements
necessary within their project area. The remaining easements necessary to construct the
complete Lely Manor East Outfall Canal cross section and spreader lake are all located on
privately owned parcels adjacent to the Treviso Bay Development.
Construction of LASIP is currently planned to occur in a total of six (6) phases with each phase
including several elements in different locations during years 2006 through 2011. Depending on
funds available this work may be required to be distributed over an additional 2 to 3 years.
Some future phases include elements currently only conceptually designed which will require
additional easements. The easements included in this condemnation resolution comprise all
parcels necessary to complete construction through the first three phases. The LASIP
Construction Phasing Plan is attached.
Also attached is a technical memorandum from Daniel W. Brundage, P.E. with the firm of
Agnoli, Barber and Brundage, Inc., Professional Engineers, Planners, and Land Surveyors. This
memorandum summarizes the factors necessary to consider approval of the Condemnation
Resolution for acquisition of all parcels necessary for construction of elements 1 and 2 of the
Page 2 of3
:i {q lo~
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project's first phase. This memorandum contains vital information that the Board of County
Commissioners must consider in adopting this Resolution.
Thank you for your time and review of this vital information.
Attachments: (1) LASIP Construction Phasing Plan
(2) Technical Memorandum from Daniel W. Brundage, P.E.
Cc: Project File 511012.07
Page 3 of3
5f'1{(j,
:fFtOF
CtR)
lOG
MEMORANDUM
Date:
May 31,2006
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Contract: 06-3583
"Professional CEI Services for Santa Barbara Boulevard
from Davis Boulevard to Painted Leaf Lane", Project
#62081
Contractor: Consul-Tech Construction Management,
Inc.
Enclosed please find three (3) original amendment documents, as
referenced above, (Agenda Item #10G), approved by the Board of
County Commissioners on Tuesday, May 9,2006.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411
Thank you.
Enclosures (3)
lOG
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's silffiature, 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 routin!!: order)
1.
2.
r
3. n~J\
4. Colleen M. Greene Assistant County Attor~I' CMG 05/31/06
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needin!!: the BCe Chairman's signature are-.-!o be deliver~~L!QJI1~I3~e office onjyafter the Bee has acted to approve the
item.)
Name of Primary Rhonda Cummings, Contract Specialist Phone Number 774-
Staff Contact 8941
Agenda Date Item May 9, 2006 Agenda Item 10(G)
was Approved by Number
theBCC
Type of Document Contract: 06-3583 "Professional CEI Services for Santa Barbara Number of Original Five (5)
Attached Boulevard from Davis Boulevard to Painted Leaf Lane", Project Documents Attached
#62081 Contractor: Consul-Tech Construction Manae:ement, Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours 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 ofvour deadlines!
6. The document was approved by the BCC on May 9. 2006 (enter date) and all changes CMG
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the chamzes, if applicable.
I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
lOG
o~~~ MEMORANDUM
TO: Sheree Mediavilla
Risk Management Department
FROM: Rhonda Cummings, Contract Specialist
Purchasing Department
DJiTF f.rECEIVED
MAY 1 I 2006
RISK MANAGEMENT
DATE: May 18, 2006
RE: Review of Insurance for Contract: 06-3583 "Professional CEI
Services for Santa Barbara Boulevard from Davis Boulevard to
Painted Leaf Lane", Project # 62081
Contractor: Consul-Tech Construction Management, Inc.
C~T"' z'xp,'~ $/~.., Jos-
This Contract was approved by the BCC on May 9, 2006; Agenda Item 10(G).
Please review the Insurance Certificates for the above referenced contract
behind the orange tab. If everything is acceptable, please forward to the
County Attorney for further review and approval. Also, will you advise me
when it has been forwarded. Thank you. If you have any questions, please
contact me at extension 8941.
dod/RR
cc: Tad Pluc, TECM
FILE NO.:
i-ni '1- i it \lie
I' . .......) ~- '- .
\ J")UNTY .AlTORNE\
DATE RECEIVED: lOG
ITEM NO.:
ROUTED TO: -0 Il 200n KA Y 22 AM 10: 31
o (, .... P {"\.l, - 0 01/5 (;,
REQUEST FOR LEGAL SERVICES
6\1~~~
cfi' C~\)~
~r;,
~
DO NOT WRITE ABOVE THIS LINE
Date: May 18, 2006
To:
Office of the County Attorney LI_ .
Attention:~..Q/"l..rt .l~d IJy ~ ~
From:
Rhonda Cummings, Contract Specialist
Purchasing Department, Extension 8941
Re:
Contract: 06-3583 "Professional CEI Services for Santa Barbara
Boulevard from Davis Boulevard to Painted Leaf Lane", Project
#62081
Contractor: Consul-Tech Construction Management, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 9, 2006; Agenda Item
10(G).
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with an amendment, Exhibit A-1,
which changes the street name from Painted Leaf Lane to Copper Leaf Lane.
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: Tad Pluc, TEeM
dA...or, /. Co ~ tc.. ~ / 0 h u w.^- ~ <:..<....
cy: p('~ ~ 5"/~'-f I (J ~J
~~ r_~d,~';; '(.;~
Division of Corporations
Page I of2
lOG
Florida Profit
CONSUL-TECH CONSTRUCTION MANAGEMENT, INC.
PRINCIPAL ADDRESS
3141 COMMERCE PARKWAY
MlRAMAR FL 33025
MAILING ADDRESS
3141 COMMERCE PARKWAY
MlRAMAR FL 33025
Document Number
POI000071351
FEI Number
651123256
Date Filed
07/19/2001
State
FL
Status
ACTIVE
Effective Date
NONE
R "t
dA
t
egis ere gen
I Name & Address I
MURAl WALD BIONDO & MORENO PA
2 ALHAMBRA PLAZA, PENTHOUSE I B
CORAL GABLES FL 33 I 34
I Address Changed 05/17/2005 I
Officer/Director Detail
I Name & Address II Title I
GARGANTA, ANDRES c:J
9933 SW 21 ST STREET
MIAMI FL
MALLOL, CARLOS G
7361 SW 123RD PLACE
MIAMI FL
CLARKE, KRISTINA [J
3451 SHADY BEND
FORT MYERS FL 33905
I 1~l'.;L, JOHN III II I
125VENETTANWAY
http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&nl =PO I 000071351 &n2=NAMFW... 5/18/2006
Dlvision of Corporations
Page 2 of2
I NAPLES FL II v I
VERGARA, FELIX D
712 BUOY ROAD
NORTH PALM BEACH FL
SHAFFREN, HOWARD D
180 NW 104TH TERRACE
CORAL SPRINGS FL 33071
lOG
~~~,~~~~~~.y.:-~~~~.~--,~~.:-:-~.~~~~~.~~--:~-:~~::",:":,~^:,,~-'-'":"':":'.~~~~~~:"':":'~-~~~~
A
IR
rt
nnua epo S
I Report Year II Filed Date I
I 2005 II 01 /04/2005 I
I 2005 II 05/17/2005 I
I 2006 II 01/05/2006 I
No Events
NoN ame History Information
Document Images
Listed below are the images available for this filing.
01105/2006:- ANNUAL REPORT
05/17/2005 -- ANNUAL_ REPORT
DJi04/2005 -: ANNUAL_REWOR_T
Qli12/2004 ==-f\NN RE~LUl"JIFQRM BUS REP
02/13/200] -- CO~=--f\NN REPjUNIFORM 81LS REP
03/14/2002:- COR - ANKREP/UNlfORM 8J1sREP
07/19/2001 -- Domestic Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n I =PO I 000071351 &n2=NAMFW... 5/18/2006
lOG
Contract 06-3583
"Professional CEI Services for Santa Barbara Boulevard
from Davis Boulevard to Painted Leaf Lane", Project No. 62081
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this [tit day of 1\\ Gl Y
2001:-, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or
"OWNER") and Consul-Tech Construction Management, Inc., authorized to do business in
the State of Florida, whose business address is 319 Airport Road North, Naples, Florida 34104
(hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Construction, Engineering
and Inspection services of the CONSULTANT concerning Santa Barbara Boulevard from
Davis Boulevard to Painted Leaf Lane (hereinafter referred to as the "Project"), said services
being more fully described in Schedule A, "Scope of Services", which is attached hereto and
incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise In the type of
professional services that will be required for the Project.
TPA#19536379
PSA
NOW, THEREFORE, in consideration of the mutual covenants and provisions contlnQ G
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering and
Inspection services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates John Rowell, P.E., a qualified licensed professional to serve as
the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator").
The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT
with respect to directing, coordinating and administering all aspects of the services to be
provided and performed under this Agreement. Further, the Project Coordinator has full
TPA#1953637.9
PSA
2
authority to bind and obligate the CONSULTANT on all matters arising out of or relating tlhO G
Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT
from the Project without OWNER'S prior written approval, and if so removed must be
immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
TPA# 1953637.9
PSA
3
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, lOG
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc) , and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth
in the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Administrative Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and
Schedule B. Except in an emergency endangering life or property, any Additional Services
TPA#1953637.9
PSA
4
must be approved in writing via an Amendment to this Agreement prior to starting luQ G
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
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Investigations and studies involving detailed consideration of operations. maintelnQ G
2.4
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing
and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance In
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
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have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
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ARTICLE FOUR
TIME
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4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
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reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
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be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
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anyone employed or utilized by the CONSULTANT in the performance of this Agreemenl.~hQ G
indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in
this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSUL TANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as Attachment I to Schedule D, must identify the specific Project
name, as well as the site location and address (if any).
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
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9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the insurance company will accept
service of process in Collier County, Florida and that the exclusive venue
for any action concerning any matter under those policies shall be in the
appropriate state court situated in Collier County, Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
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1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement,
and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or
subcontract agreement shall preserve and protect the rights of the OWNER under this
Agreement with respect to the Services to be performed by the subconsultant or subcontractor
so that the subconsulting or subcontracting thereof will not prejudice such rights. Where
appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into
similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor
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payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate
this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
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and any costs reasonably incurred by CONSULTANT that are directly attributable 1 Oe G
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
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terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
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14.1. CONSULTANT represents that it presently has no interest and shall acquire no inlJJ, G
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building G
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Consul-Tech Construction Management, Inc.
319 Airport Road North
Telephone: 239-643-5132
Fax: 239-643-5134
Attn: John L. Rowell, P.E.
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16.3. Either party may change its address of record by written notice to the other party gi1n 0 G
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the
parties shall survive the expiration or termination of this Agreement.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
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upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
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mediation shall be attended by representatives of CONSULTANT with full decislnQJig
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
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10G'i
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Professional CEI Services for Santa Barbara Boulevard from Davis
Boulevard to Painted Leaf Lane the day and year first written above.
ATTEST' """"'";""1"
,>"~~".:': ...."1',\/,/
Dwigbt.e, :,~E}rQck... cr~.;\:
:' l ~;.,: t " ' ., ~ -, ~
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
,DC
~~
By: -- -"'~- <:" /'
Frank Halas, Chairman
> -.
Oat. .~-.. "'.: ",:~
Attelt' '" "ot..tt"uft ,
SignatUre '001'.'"
Approved as to form and
legal sufficiency:
C~m~
Assistant County Attorney
Consul-Tech Construction Manaaement. Inc.
~A1e;:ML-
itness
4/f~~1 ;J1J~J
Witness
JOHN L, W6~} p. E,
Typed Name and Title
VILE pReSiDENt
Item # t ffi-
Agenda S _ n r<J
Date ''-1 ~
22
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SCHEDULE A
SCOPE OF SERVICES
Professional CEI Services for Santa Barbara Boulevard
from Davis Boulevard to Painted Leaf Lane, Project No. 62081
1.0 PURPOSE...... ... ...... ...... ... ... ... ......... ... ... ...... ......... ... ... ......... ....2
2.0 SCOPE... ... ... ........................... ... ............... ... ............. ... ..........2
3.0 DEFINITIONS...........................................................................3
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO
CONSULTANT. ........... ...... ... ....... .... ... ...... ... ... ......... ... ...... ... .... ...3
5.0 ITEMS FURNISHED BY THE CONSULTANT....................................4
6.0 LIAISON.................................................... ... ...... ................. .....6
7 .0 COOPERATION AND PERFORMANCE OF THE
CONSULTANT................................................................. .......7
8.0 REQUIREMENTS ...... ..... ...... ......... ... ...... ... ... ... ......... ...... ..............7
8. 1 General .... .. .. .. .. . . .. .. . .. . . .. .. . .. .. .. . .. . .. . . . . . . . . . . .. .. .. .. .. . . . . .. .. ..... 7
8.2 Survey Control............ .......................... ..........................8
8.3 On-site Inspection...... .................................................. .....8
8.4 Testing..........................................................................9
8.5 Management Engineering Services............... ............... ... ......10
8.6 Contractor's CPM Schedule.................. ......... ................... ..15
9.0 PERSONNEL .............................................................. ........... ......16
9.1 General Requirements.................. ..................... .............. ..16
9.2 Personnel Qualifications...................... . .. . .. . .. . .. . ... .. ... ........ ..16
9.3 Staffing.... .. ... .. .. .. . . . . .. .. . . .. ... ........................................... 16
9.4 Licensing for Equipment Operation ........................................ .17
10.0 SUBCONSUL T ANT SERVICES......................................................... 17
11.0 OTHER SERVICES..................................................................... ......17
12.0 POST CONSTRUCTION CLAIMS REVIEW.................................... ........18
13.0 CONTRADICTIONS.... .. . .. . . . ... . .. .. . . .. . .. ... .. .... .. . .... .. .. ..... .. . .. .. . .. .. .. ... .. . . . ..18
14.0 LENGTH OF SERVICE.......... .......... ........ ........ ......... ............ .................18
15.0 INVOICING INSTRUCTION ............. ............. ........... ....................... ....19
EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS
FOR CONSULTANT PERSONNEL........... ........................................... ......... 19
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SCOPE OF SERVICES
CONSTRUCTION ENGINEERING AND INSPECTION
1.0 . PURPOSE:
This scope of work describes and defines the services, which are required for
construction engineering, inspection, materials sampling and testing, and contract
administration for the construction project listed below.
2.0 SCOPE:
The CONSTUL T ANT shall be responsible for construction engineering and administrative
functions as defined in this Scope of Services and referenced manuals and procedures, which
are normally handled by a Florida Department of Transportation (FDOT) Project Engineer.
The CONSULTANT shall utilize effective control procedures, which will assure that the
construction of the project listed below is performed in reasonable conformity with the plans,
specifications, and contract provisions for such projects.
The project for which the services are required is:
COUNTY Project No: 60169
Description: Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard
County: Collier
The CONSULTANT shall provide technical and administrative personnel meeting the
requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the
proper times to ensure that the responsibilities assigned under this Agreement are effectively
carried out. All construction, engineering, inspection and administration activities shall be
performed in accordance with the established standard procedures and practices of the Florida
Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be
familiar with those FDOT standard procedures and practices and with the procedures and
practices for construction, engineering, inspection and contract administration used by Collier
County Transportation Engineering and Construction Management Department (T.E. &
C.M.D.).
The Construction Project Manager will track the execution of the construction contract in
order to ensure that the CONSULTANT is given timely authorization to begin work. While
no personnel shall be assigned until written notification by the Construction Project Manager
has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of
notification. For the duration of the project, the CONSULTANT shall coordinate closely
with the Construction Project Manager and Contractor to minimize rescheduling of
CONSULTANT activities due to construction delays or changes in scheduling of Contractor
activities.
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3.0 DEFINITIONS:
A. CONSULTANT Senior Proiect Engineer: The Engineer assigned by the CONSULTANT to
manage one or more Construction Projects. This person may supervise other CONSULTANT
employees and act as the lead Engineer for the CONSULTANT.
B. CONSULTANT Proiect Engineer: The Engineer assigned by the CONSULTANT to
manage this project.
C. Construction Proiect Manager: The Collier County T.E. & C.M.D. employee assigned
to manage the Construction Engineering and Inspection Contracts. The Construction
Project Manager will be in responsible charge and direct control of the projects.
D. CONSULTANT: The Consulting firm under contract to Collier County for
administration of Construction Engineering and Inspection services.
E. Contractor: The individual, firm, or company contracting with Collier County T.E. &
C.M.D. for performance of work or furnishing of materials.
F. Contract: The written Agreement between Collier County and the Contractor setting
forth the obligations of the parties thereto, including but not limited to the performance
of the work, furnishing of labor and materials, and the basis of payment.
G. CONSULTANT Contract: The written Agreement between Collier County and the
CONSUL T ANT setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of services, and the basis of payment.
H. Engineer of Record: The Engineer noted on the Construction plans as the responsible
person for the design and preparation of the plans.
I. Community Liaison: The Collier County employee assigned to manage Public
Information for the Collier County T.E. & C.M.D.
J. OWNER: The Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida.
K. COUNTY: Collier County, a political subdivision of the State of Florida.
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT
A. The following items will be furnished by Collier County T.E. & CM.D. on an as needed basis.
The CONSULTANT shall submit a request in writing for needed items to the Construction Project
Manager.
I. Contract documents for each project as follows:
5 sets Construction Plans - II" x 17"
5 sets Special Provisions
I copy Contract Form
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2. All standard forms for use under the terms of this Agreement will be provided in hard copy at
the Pre-Services meeting and via electronic mail. The CONSULTANT shall utilize only
Collier County forms on the project.
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5.0 ITEMS FURNISHED BY THE CONSULTANT:
The COUNTY will require a satellite office for this project. The CONSULTANT shall be
reimbursed for expenses associated with this satellite office. The office must have at a minimum
the following essential items to support the project:
I. Office space within a desired radius to the project for the duration of the project
2. Office telephone
3. Copier rental/lease
Consultant shall list this fixed monthly cost as a line item of the cost proposal titled Field Office
Expenses", and shall also be listed as such on invoices submitted to the COUNTY for payment.
A. The CONSULTANT shall also furnish such other storage and parking space, as
approved by the Construction Project Manager, to effectively carry out their
responsibilities under this Agreement. The CONSULTANT shall provide the
appropriate number of vehicles to accommodate their project personnel.
Equipment supplied by the CONSULTANT shall consist of items determined by the
Construction Project Manager to be essential in order to carry out the work under this
Agreement. The CONSULTANT will provide all survey equipment, testing equipment,
photographic equipment, tapes, rules, and any other items necessary.
B. All applicable FDOT documents shall be a condition of this Agreement. The documents
normally required by the CONSULTANT are listed below. The CONSULTANT shall
review this list and obtain those documents that are not in his possession as well as any
other applicable document that may be required that are not listed below. Most items
can be purchased through the following address. All others can be acquired through the
District Office or on-line at www.dot.state.fl.us.
Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street, M.S. 12
Tallahassee, Florida 32399-0450
Telephone No. (904) 488-9220
Documents normally required by the CONSULTANT shall include, but are not limited
to, the following list of documents. The version to be used shall be in compliance with
the project plans and specifications.
I. Materials Directives: Directives convey certain FDOT practices and procedures
relating to sampling and testing of materials entering into construction project.
2. Materials Sampling, Testing, and Reporting Guide: This schedule
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sets out the method of acceptance for minimum sampling frequency, sample size,
responsibility for sampling, responsibility for testing, test name, appropriate report
form number, and sample identifications information for material to be incorporated
into construction project.
3. Qualified Products List of Approved Material Sources and
Subsequent Updates.
4. Each of the following estimate preparation aids provided by the FDOT:
Field Standards for Final Estimates Manual
Basis of Estimate Manual
Sample Computations Manual
Final Estimate Preparation Short Course
5. Field Sampling and Testing Manual (FDOT & ASTM)
6. FDOT Standard Specifications for Road and Bridge Construction and
Supplements (for all field personnel).
7. FDOT Roadway and Traffic Design Standards (for all field
personnel).
8. FDOT Structures Standards.
9. Manual on Uniform Traffic Control Devices (MUTCD).
10. Utility Accommodation Guide (FDOT)
II. A list of FDOT Training Courses relating to Construction Engineering and
Inspection.
C. Field Equipment
1. Includes those non-consumable, non-expendable items which are normally
needed for a CEI project, including but not limited to the following: vehicles,
facsimile machines, calculators, tape recorders! transcribers, typewriters,
computers, word processors, printers, cameras, camcorders, communication
equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety
vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels
wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape
measures, drafting tools, slump cone, tamping rod, nuclear density machine,
measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity
meters.
2.
Use-cost equipment described herein and expendable materials under this
Agreement will remain the property ofthe CONSULTANT and shall be removed
at completion of the work. Vehicles and hard hats shall have the name and
phone number of the consulting firm visibly displayed.
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The CONSUL T ANT shall retain responsibility for risk of loss or damage to said
equipment during performance of this Agreement.
CONSULTANT personnel using equipment furnished by them shall input all computer
coding. The CONSULTANT will also furnish computer services/software needed for
project scheduling, documentation, and control (Primavera/Suretrak, Claim Digger, etc.).
Ownership and possession of computer equipment and related software, which is
provided by the CONSULTANT, shall remain at all times with the CONSULTANT.
The CONSULTANT shall retain responsibility for risk of loss or damage to said
equipment during performance of this Agreement. Field office equipment should be
maintained and operational at all times.
6.0 LIAISON:
The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by
this Agreement on the construction projects. All activities and decisions of the CONSULTANT
relating to the projects shall be subject to review and approval by the Construction Project
Manager.
The CONSULTANT shall provide coordination of all activities, correspondence, reports and
other communications related to its responsibilities under this Agreement necessary for the
Construction Project Manager to carry out his responsibilities.
In performing their duties, the CONSULTANT shall utilize the standard forms provided at the
Pre-Services meeting. The CONSULTANT shall utilize an Action Request form for all
requests related to CONSULTANT Contract/administrative issues. The Action Request form
shall be submitted under separate cover to Construction Proiect Manager with all accompanying
required documentation (Resumes, Certifications, etc.) to each. The content and format of the
Action Request form shall be in accordance with the instructions provided by the Collier County
T.E. & C.M. D.
Construction engineering and inspection forces will be required of the CONSULTANT at all
times while the Contractor is working under the construction contract. If Contractor operations
are suspended, the CONSULTANT will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of
CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete
services under this Agreement remain in the CONSULTANT Contract at all times. In the event
of construction project delays or changes beyond the control of the CONSULTANT, which
affect the terms of this Agreement, the CONSUL T ANT shall submit a Supplemental
Amendment Request to Collier County. These requests will be submitted for County approval
and execution prior to performing additional work and prior to funds expiration, consistent with
and in accordance with the Contract Status Report, or other approved report for tracking
CONSULTANT Contract funds. Supplemental Agreements preparation, submission, and
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subsequent follow-up activities are the responsibility of the CONSULTANT in accordance with
Section 8.5 (29) and (30), Management Engineering Services.
7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement, the Construction Project Manager will review various
phases of CONSULTANT operations, such as construction inspection, materials sampling and
testing, and administrative activities, to determine compliance with this Agreement and to
confirm that construction work and administrative activities are performed in reasonable
conformity with FDOT and Collier County T.E. & C.M. policies, plans, specifications, and
Contract provisions. The CONSULTANT shall cooperate and assist the Construction Project
Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall
implement remedial action immediately in conformance with Collier County T.E. & C.M.D.
recommendations. Collier County T.E. & C.M.D. recommendations and CONSULTANT
responses/actions are to be properly documented by the Construction Project Manager. No
additional compensation shall be allowed for remedial action taken by the CONSULTANT to
correct deficiencies. Remedial actions and required response times may include, but are not
necessarily limited to, the following:
A. Further subdivided assigned inspection responsibilities, reassign inspection
personnel, or assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the Construction
Project Manager to be inadequate. Personnel whose performance has been determined
to be unsatisfactory shall be removed immediately.
C. Immediately increase the frequency of job control testing in phases of work that are the
CONSULTANT's responsibility.
D. Increase the scope and frequency of all training conducted by the CONSULTANT.
Additionally, Transportation, Engineering and Construction (TECM) personnel may make
special reviews of any project. The CONSULTANT shall fully cooperate with and assist in
making such reviews.
8.0 REQUIREMENTS:
8.1 General:
It shall be the responsibility of the CONSULTANT to administer the Contract to assure
that the project is constructed in reasonable conformity with the plans, specifications,
and Contract provisions.
The CONSULTANT shall observe the Contractor during various operations to ensure
the materials and methods used by the Contractor conform to the specifications of the
Construction Contract, the FDOT Standard Specifications for Road and Bridge
Construction, and designated Notes on the plans.
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No CONSUL T ANT under contract with Collier County to perform construction
engineering and inspection or material sampling and testing on a particular project shall
subcontract with the Contractor to perform Quality Control activities on the same
construction project.
The CONSULTANT shall advise the Construction Project Manager of any omissions,
substitutions, defects, and deficiencies noted in the work of the Contractor and the
corrective action taken. Work provided by the CONSULTANT shall not relieve the
Contractor of responsibility for the satisfactory performance of the Construction
Contract.
8.2 Survey Control:
The CONSULTANT shall verifY the existence and accuracy of location for all reference
points and baseline control points indicated on the plans. The CONSUL T ANT shall
reestablish any missing or disturbed control points as required to maintain the accuracy
for survey control.
The CONSULTANT shall establish the survey control baseline(s) along with sufficient
baseline control points and benchmarks at appropriate intervals along the project for use
by the CONSULTANT in performing verification surveys of construction layout. The
CONSULTANT shall:
1. Make and record measurements necessary to calculate and document quantities
for pay items;
2. Make and record preconstruction cross section surveys of the project site
where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part
of the construction project.
3. Perform incidental engineering surveys necessary to carry out the servIces
covered by this Agreement and to verifY and confirm the accuracy of the
Contractor's survey layout work.
8.3 On-site Inspection:
The CONSULTANT shall monitor the Contractor's on-site construction operations and
inspect materials entering into the work as required to assure that the projects are
completed in reasonable conformity with the plans, specifications, and other
Construction Contract provisions. The CONSULTANT will monitor all off-site
activities and fabrication. The Consultant shall keep detailed accurate records of the
Contractor's daily operations and of significant events that affect the work.
The standard procedures and practices for inspection of construction projects are set out
in the FDOT Construction Manual. In general, the CONSULTANT shall perform in
accordance with these standard procedures and practices and with other accepted
practices as appropriate and authorized by the Construction Project Manager.
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CONSULTANT employees responsible for Work Zone traffic control plan design,
implementation, inspection, and/or for supervising the selection, placement, or
maintenance of traffic schemes and devices in work zones shall be certified according to
FDOT guidelines for Maintenance of Traffic Training (Topic No. 625-010-010-a).
8.4. Testin2:
The CONSULTANT shall perform, in conjunction with an independent, licensed
laboratory, whose selection has been approved in writing by the Construction Project
Manager, hired by the CONSULTANT, sampling and testing of component materials
and completed work items so that the materials and workmanship incorporated in the
project are in reasonable conformity with the plans specifications and contract
provisions. The minimum sampling frequencies set out in the Florida Department of
Transportation Materials Sampling, Testing and Reporting Guide shall be met. In
complying with the aforementioned guide, the CONSULTANT shall perform all on-site
sampling of materials and such testing of materials and completed work items that are
normally done in the vicinity of the project. Inspection and sampling of materials and
components required at locations remote from the vicinity of the project and testing of
materials normally done in a laboratory remote from the project site will also be
included.
The CONSULTANT shall be specifically responsible for determining the acceptability
of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc.
The Construction Project Manager will monitor the effectiveness of the
CONSULTANT'S testing procedures by obtaining and testing independent assurance
samples. Independent assurance sampling is necessary to verify compliance with the
specification requirements. The CONSULTANT shall notify the Construction Project
Manager of schedules for sampling and testing as the work progresses on the
construction contract so that Progress and Final Record sampling can be accomplished at
the discretion of the County at the proper time.
The CONSULTANT shall also be responsible for the progress record sampling of
reinforcing steel. The CONSULTANT shall perform all necessary surveillance and
inspection of the on-site hot-mix asphalt operations. The CONSULTANT shall provide
surveillance and acceptance sampling and testing at any hot-mix asphalt plant providing
mixes to a project under a Quality Assurance Specification.
The CONSULTANT shall transport laboratory samples to the appropriate laboratory.
The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control
activities at the project site in regard to concrete and perform acceptance sampling at the
specified frequency.
Sampling, testing and laboratory methods shall be as required by the Florida Department
of Transportation's Standard Specifications or as modified by the contract provisions.
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Documentation reports on sampling and testing shall be submitted to responsible parties
during the same week that the construction work is done or as otherwise directed by the
Construction Project Manager.
The CONSULTANT shall supply CTQP (Construction Training Qualification Program)
qualified technicians for concrete inspection.
The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians
for asphalt inspection.
The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection
Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection.
8.5 Manae:ement Ene:ineerine: Services:
The CONSULTANT shall perform all management-engineering services necessary to
properly coordinate the activities of all parties involved in completing the project. These
include maintaining complete, accurate records of all activities and events relating to the
project; properly documenting all significant project changes; interpreting plans,
specifications, and Construction Contract provisions in conjunction with the Engineer of
Record; making recommendations to Construction Project Manager to resolve
Construction Contract disputes; and maintaining an adequate level of surveillance of
Contractor activities. The CONSULTANT shall also perform other management
engineering services normally assigned to a Project Engineer that are required to fulfill
its responsibilities under this Agreement. All recording and documentation will comply
with standard FDOT and COLLIER COUNTY procedures, formats, and content.
Services include, but are not limited to, the following:
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-
service conference for the project in accordance with FDOT Procedure 700-000-
OOO-a.
At the pre-service meeting the CONSULTANT shall submit Action Request
packages for Personnel Approval for immediate staff needs and a copy/computer
file of the final negotiated staffing. The CONSULTANT shall record a complete
and concise record of the proceedings of the meeting and distribute copies of
these minutes to the participants and other interested parties within seven (7)
days of the meeting date.
(2) Prepare and submit to the Construction Project Manager for county approval,
within thirty (30) days after the pre-service meeting, a hard copy of the project
specific CONSULTANT Contract administration documents listed below. The
CONSUL T ANT Contract administration documents, which shall be routinely
used by the CONSULTANT throughout the project, shall be in the format and
content provided by Collier County T.E. & C. M. D.
The CONSULTANT Contract administration documents consist of but are not
limited to the documents listed below:
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a. Action Request Form
b. CONSULTANT Authorization to Execute Work Orders
c. Letter of Transmittal Form
d. Request For Supplemental Services
e. Scope of Services Supplement No.
f. Contract Status Report, or other approved fund tracking report
g. CEl CONSULTANT Firm Estimated Staffing (completed in accordance
with the original CONSULTANT Contract agreement)
h. CEl CONSULTANT Fee Proposal
1. CEl CONSULTANT Data
(3) Schedule and conduct a preconstruction conference for the project in accordance
with Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge
Construction. Record significant information revealed and decisions made at
this conference and distribute copies of these minutes to the appropriate parties.
The meeting shall also be electronically recorded and the CONSULTANT shall
maintain all tapes of the meeting for the duration of the Contract.
(4) Maintain on a daily basis a complete and accurate record of all activities and
events relating to the project and a record of all work completed by the
Contractor, including quantities of pay items in conformity with Final Estimates
preparation procedures and specifications.
(5) Maintain a Project Diary in conformity with FDOT format.
(6) Maintain a log of all materials entering the work with proper indication of the
basis of acceptance of each shipment of material.
(7) Maintain records of all submittal dates and testing accomplished under Section
8.2 - 8.7 of this Exhibit "A" and analyze such records required to ascertain
acceptability of materials and completed work items.
(8) Once each month, prepare a comprehensive tabulation of the quantity of each pay
item satisfactorily completed to date. Quantities shall be based on daily records
or calculations. Calculations shall be retained. The tabulation will be used for
preparation of the Monthly Progress Estimate.
(9) For interpretations of the plans, specifications, and Contract prOVlSlons, the
CONSULTANT shall consult with the Construction Project Manager when an
interpretation involves complex issues or may have an impact on the cost of
performing the work. When warranted, the Construction Project Manager may
request an interpretation from the Engineer of Record. The Construction Project
Manager shall coordinate all requests for involvement ofthe Engineer of Record.
(10) Analyze problems that arise on a project and proposals submitted by the
Contractor and prepare and submit a recommendation to the Construction Project
Manager.
(II) Analyze changes to the plans, specifications, or Construction Contract provisions
and extra work which appear to be necessary to carry out the intent of the
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Contract when it is determined that a change or extra work is necessary and such
work is within the scope and intent of the original Construction Contract.
Recommend such changes to the Construction Project Manager for approval.
(12) Manage the Contractor's CPM Schedule in accordance with the requirements
outlined in Section 8.6, Contractor's CPM Schedule.
(13) Analyze major problems that arise on the project and prepare a recommendation
to the Construction Project Manager.
(14) When it is determined that a modification to the original Contract for a project is
required due to a necessary change in the character of the work, negotiate prices
with the Contractor and prepare the required Work Order Directive and change
order in accordance with applicable Collier County procedures. The
CONSULTANT shall provide an analysis of the cost and/or time adjustments
associated with the Work Order Directive.
(15) In the event that the Contractor gives either written or verbal notice that he
deems certain work to be performed is beyond the scope of the Contract and that
he intends to claim additional compensation, the CONSULTANT shall maintain
accurate cost account records of such work. These records shall include
manpower and equipment times and materials installed (temporary or permanent)
in the portion of the work in dispute.
(16) In the event that the Contractor for a project submits a claim for additional
compensation, the CONSULTANT shall analyze the submittal and prepare a
recommendation to Collier County Project Manager covering validity and
reasonableness of charges and conduct negotiations leading to recommendations
for settlement of the claim. Maintain complete, accurate force account and other
records of work involved in claims.
(17) In the event that the Contractor for a project submits a request for extension of
the allowable Contract time, analyze the request and prepare a recommendation
to Construction Project Manager covering accuracy of statements and the actual
effect of delaying factors on completion of controlling work items.
(18) Prepare the Final Estimate and submit to the Construction Project Manage, with
backup computations accompanying Computations Booklet in accordance with
FDOT Field Standards for Final Estimates Manual. This task must be completed
within Twenty (20) calendar days after conditional or final acceptance of a
project by Collier County T.E. & C.M.D.
(19) Monitor each construction project to the extent necessary to determine whether
construction activities violate the requirements of any permits. For each project
that requires the use of the NPDES General Permit, supply at least one inspector
who has successfully completed the "Florida Stormwater, Erosion, and
Sedimentation Control Training and Certification Program for Inspectors and
Contractors." NotifY the Contractor of any violations or potential violations and
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require his immediate resolution of the problem. Violations must be reported to
the construction Project Manager immediately.
NPDES Erosion Control Inspection Requirements (if implemented by the
Department of Environmental Protection): Those facilities that have an NPDES
Permit and which discharge storm water from construction activities directly to
waters of the United States which are listed on the EP A approved 303( d) list for
total suspended solids (TSS), or other indicators of solids transportation such as
turbidity, siltation, or sedimentation shall comply with the following:
a. The permittee shall monitor by grab sample by a Certified NPDES
Inspector, during regular working hours, once per month within the first
30 minutes of a qualifying event or within the first 30 minutes of the
beginning of the discharge of a previously collected qualifying event for
Settleable Solids (mil), Total Suspended Solids (mg/l), Turbidity (NTUs),
and flow (MGD).
b. Where the receiving water has flow upstream form the discharge, a
background sample for Settleable Solids, Total Suspended Solids, and
Turbidity shall be taken in stream at mid depth and immediately upstream
form the influence of the discharge of storm water from the site.
c. The soil type and average slope of the drainage area for each outfall shall
be reported with the Discharge Monitoring Report submitted in
accordance with section "e" (below).
d. A qualifying event for the purpose of this section is a rain event of 0.5
inches or greater in a 24-hour period as determined by the project rain
gauge.
e. Data collected in accordance with the above items shall be submitted to
Environmental Protection Agency, the Florida Department of
Environmental Protection, Construction Project Manager and a copy
retained for the project file.
f. Collect, store, and transport the samples per NPDES Storm Water
Sampling Guidance Document (EP A 883- B-92-00 I).
g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES
Storm Water Sampling Guidance Document.
h. Within 48 hours of collection of samples, deliver the samples to a
laboratory.
1. Shop drawing/sample submittals shall be coordinated and the status
tracked as each progress through review and approval. The
CONSULTANT shall actively encourage all reviewers to accomplish
reviews promptly.
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(20)
(21)
(22)
(23)
(24)
(25)
(26)
'd . I d" b h C d '1' .1 0 G
ProVl e time y coor matlOn etween t e ontractor an utllty compames to
assure that conflicting utilities are removed, adjusted, or protected in place to
minimize delays to construction. Documentation will be maintained in
accordance with FDOT procedures.
The CONSULTANT Project Engineer will conduct a weekly meeting as required
with the respective Contractor, subcontractors, and/or utility companies to review
plans, schedules, problems, and other concerns. The Community Liaison shall
attend these meetings. The CONSULTANT shall record the results of the
meeting in written minutes. The CONSULTANT shall distribute the meeting
minutes as directed by the Construction Project Manager. These meetings shall
also be recorded electronically and the CONSULTANT shall maintain the tapes
for the duration of the Contract.
Conduct and document field reviews of the maintenance of traffic operation
during and after normal working hours and on weekends, nights, and holidays.
Special concern shall be given to pedestrian and bicycle access throughout the
work.
Perform survey work when required or requested by the Construction Project
Manager.
Produce reports; verify quantity calculations, and field measure for payment
purposes as needed to prevent delays in Contractor operations.
With each monthly invoice submittal, the CONSULTANT Project Engineer will
provide a reviewed and approved Contract Status Report for the CONSULTANT
Contract. This report will supply the CONSULTANT Project Engineer's
accounting of the additional Contract calendar days allowed to date, an estimate
of the additional Contract calendar days anticipated to be added to the original
Contract schedule time, an estimate of the Contract completion date, and an
estimate of the CONSULTANT funds expiration date per CONSULTANT
Contract schedule for the prime CONSULTANT and for each subconsultant.
When the CONSULTANT identifies a condition that will require an Amendment
to the CONSULTANT Contract, the CONSULTANT will communicate the need
to the Construction Project Manager for an approval in concept. Once received,
the CONSULTANT shall prepare and submit the request and all accompanying
documentation to the Construction Project Manager and for approval and further
processing. The CONSULTANT shall submit the amendment request prior to
the depletion of the CONSULTANT Contract funds (consistent with and in
accordance with the Contract Status Report) and shall allow Collier County
adequate time to process, approve, and execute the amendment. The content and
format of the amendment request and accompanying documentation shall be in
accordance with the instructions and format for the Collier County T.E. &
C.M.D.
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(27) The CONSULTANT for the project shall be responsible for performing follow-
up activities to determine the status of each contract amendment submitted to the
Construction Project Manager.
(28) The Construction Project Manager will normally perform a CONSULTANT CEI
PERFORMANCE EVALUATION at the completion of the project. The
Construction Project Manager will meet with the CONSUL T ANT, at the
CONSUL T ANT's request, to discuss the performance evaluation.
(29) Provide general public information services as required. Prepare "Road Alerts"
for Community Liaison's release concerning lane closures, traffic switchovers,
detours, etc. Inquiries from public officials and the news media shall be directed
to the office of the Community Liaison for coordination. Prepare newsletters for
distribution to adjacent property owners as may be required. The Construction
Project Manager must approve, in conjunction with the Community Liaison, all
brochures, responses to news media, etc., prior to release.
(30) Prepare and submit to the Construction Project Manager monthly, a Construction
Status Report.
(31) Video tapes the preconstruction conditions throughout the project limits.
Provide a digital photo log of project activities, with heavy emphasis on potential
claim items/issues and on areas of real/potential public controversy. The
Consultant shall use a software system fully compatible with Collier County
Software to manage the digital picture album system.
8.6 Contractor's CPM Schedule:
8.6.1 Initial CPM Review and Validation
The CONSUL T ANT shall analyze the Contractor's CPM Schedules for
completeness and flow of activities, assuring that this schedule meets the
Contract documents. This overview will validate that the schedule is functional,
the information provided is reasonable, and the Contractor's plan for project
completion within the Contract time is reasonable.
The CONSULTANT shall provide the Contractor a written review that identifies
any significant omissions, improbable durations, or errors in logic and provide
the Construction Project Manager with recommendations pertinent to planning
and scheduling the project work and completion of the project within the allowed
Contract time.
8.6.2 Monthly Progress Review
The CONSULTANT shall track Contractor actual progress against the baseline
schedule and conduct a monthly schedule update meeting with the Contractor.
The CONSULTANT shall assure the Contractor complies with all requirements
for periodic schedule updates and review the updates within 15 days to determine
their accuracy. The CONSULTANT shall review all schedule changes. The
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CONSULTANT shall identify and document any future or existing problems and
require the Contractor to disclose in writing his plans for preventing or resolving
these problems. The CONSULTANT shall prepare and distribute minutes of the
Monthly Progress Review meeting-to-meeting attendees and other interested
parties.
8.6.3 Contract Modifications
The CONSULTANT shall assure that Contract modifications are based in the
latest approved schedule and reflected in the next version of the Contractor
schedule.
8.6.4 Planning
The CONSULTANT shall work with the Contractor to establish a two-week look
ahead schedule indicating expected Contractor work for discussion at the regular
progress meetings. The anticipated work activities will be reviewed with all
affected utility companies. The CONSULTANT shall use this schedule to
establish whether or not the Contractor's near term plan will resolve or mitigate
any previously unanticipated conflict or issues.
8.6.5 As Built Plan
The CONSULTANT shall check and verify the accuracy of the Contractor's as-
built construction plans monthly by comparing it with the Contractor's daily
logs.
9.0 PERSONNEL:
9.1 General Requirements:
The CONSULTANT shall staff the project with the qualified personnel necessary to
efficiently and effectively carry out its responsibilities under this Agreement.
Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-
A."
9.2 Personnel Qualifications:
The CONSULTANT shall utilize only competent personnel, qualified by experience and
education. The CONSULTANT shall submit in writing to the Construction Project
Manager the names of personnel proposed for assignment to the project, including a
detailed resume for each with respect to salary, education, and experience. Minimum
qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this
Agreement. The CONSULTANT Action Request form for personnel approval shall be
submitted to the Construction Proiect Manager at least two weeks prior to the date an
individual is to report to work.
9.3 StaffiDl!:
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Once authorized, the CONSULTANT shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate. Responsible
personnel, thoroughly familiar with all aspects of construction and final measurements
of the various pay items, shall be available to resolve disputed final pay quantities until
the appropriate Contract has been paid off.
Proposed staff, including qualifications, must be submitted using Action Request forms
provided by Collier County. These will be previewed and preapproved by the
Construction Project Manager. Previously approved staff, whose performance is
unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier
County notification. Personnel identified in the CONSULTANT technical proposal are
expected to be assigned as proposed and are committed to performing services under this
CONSULTANT Agreement. Personnel changes will require written approval from
Collier County.
As Contractor operations on a Contract diminish, the CONSUL T ANT shall
appropriately reduce the personnel it has assigned to that project. Construction
engineering and inspection forces are required of the CONSULTANT at all times while
the Contractor is working on the Contract, but if Contractor operations stop, the
CONSUL T ANT shall reduce its forces accordingly. CONSUL T ANT personnel
adjustments recommended by the Construction Project Manager will be accomplished
within one week of notification. The CONSULTANT will be allowed a maximum of
ten (10) days to demobilize, relocated, or terminate its forces in the event conditions
occur that require removing CONSULT ANT forces from the project.
9.4 Licensine: for Equipment Operation:
The CONSULTANT will be responsible for obtaining proper licenses for equipment and
for personnel operating such equipment. CONSUL T ANTS operating nuclear surface
moisture-density gauges on Collier County projects are required to comply with Section
X of FDOT's revised "Manual for Safety and Control of Equipment Containing
Radioactive Materials" (a.k.a. Nuclear Manual).
10.0 SUBCONSULTANT SERVICES:
The CONSUL T ANT may subcontract for engineering, inspection, materials testing, or
specialized professional services with prior written approval of the County. If required, the
CONSULTANT shall provide all geotechnical services for this project.
11.0 OTHER SERVICES:
Upon written authorization by the Construction Project Manager, the CONSULTANT will
perform additional services in connection with the project not otherwise identified in this
Agreement. The following items are not included as part of this Agreement, but may be
required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under
this Agreement.
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A. Assist in the timely preparation of all claims and necessary rebuttals with the
organization of any and all supporting documentation as needed or required by Collier
County pursuant to the Collier County Alternative Dispute Resolution Procedures.
B. Provide qualified engineering witnesses and exhibits for any litigation or hearings m
connection with the Contract.
C. Assist the County Attorney or his designee as directed m the preparation for Binding
Arbitration and Pre-Suit Mediation.
D. Provide on- and off-site inspection serVIces m addition to those provided for m this
Agreement.
12.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor for the project submits a claim for additional compensation and/or
time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the
written request from Collier County, analyze the claim, prepare a recommendation to the
Construction Project Manager covering validity and reasonableness or charges, and/or assist in
negotiations leading to settlement of the claim. Compensation will be separately reimbursed by
a Supplement to this Agreement.
13.0 CONTRADICTIONS:
In the event of a contradiction between proVISIOns of this Scope of Services and the
CONSULTANT'S proposal, the provisions of the Scope of Services shall override other
considerations.
14.0 LENGTH OF SERVICE:
The CONSULTANT services for the Contract shall begin upon written notification to proceed
by the Construction Project Manager.
This notice to proceed will be issued anytime subsequent the award of a Contract at Collier
County's discretion. The length of services as herein established for Contract on the
CONSULTANT beginning work when notified and continuing to work until acceptance. For
estimating purposes the CONSUL T ANT will be allowed an accumulation of thirty- (30)
working days to perform preliminary administrative services prior to the issuance of the
Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days
subsequent final acceptance of the Contract to be completed.
The anticipated letting schedules and construction times for the projects are tabulated below:
County
Proiect No.
62081
Construction Estimate
Letting Date Start Date
(Mo/Yr) (Mo/Yr)
08/06 09/06
Consultant Estimate
Duration Time Start Date Duration Time
(Days) (Mo/Yr) (Days)
670 08/06 730
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15.0 INVOICING INSTRUCTIONS:
Monthly invoices shall be submitted to Collier County in a format approved by Collier County,
no later than the 20th day of the month following the month being invoiced.
If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall
notifY Collier County, prior to the due date the reason for the delay and the planned submittal
date. Once submitted, the CONSULTANT shall notifY the Construction Project Manager via E-
Mail of the total delay in calendar days and the reason(s) for the delay(s).
All invoices shall be submitted to Collier County in hard copy format.
EXHIBIT "A-A"
MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL*
Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities required
in obtaining the necessary certifications for performing the duties of the position they hold. The Senior
Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and
procedures are met throughout the course of the project. Cross training of the Consultant's project staff is
highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at
any additional cost to Collier County and should occur as work load permits. Current FDOT certifications
may be used until specified time limits as posted in the Construction Training Qualifications Manual
(CTQP) unless expiration occurs sooner. Visit the FOOT Web page under training for current dates.
SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State
Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to
obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years
of which are in major road and bridge construction), or for non-degreed personnel the aforementioned
registration and ten (10) years of engineering experience (two (2) years of which are in major road or
bridge construction. Qualifications include the ability to communicate effectively in English (verbally and
in writing). Direct a highly complex and specialized construction engineering administration and
inspection program. Plan and organize the work of subordinate and staff members. Develop and/or review
policies, methods, practices, and procedures; and review programs for conformance with FDOT standards.
Also must have the following:
Qualifications: None
Certifications: MOT Level II A TTSA or IMSA.
A Master's Degree in Engineering may be substituted for two (2) years experience.
PROJECT ENGINNER - A Civil Engineering degree plus two (2) years engineering experience in
construction of major road or bridge structures, or eight (8) years of responsible and related engineering
experience (two (2) years of which involved construction of major road and bridge structures). Receives
general instructions regarding assignments and is expected to exercise initiative and independent judgment
in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases
of the construction project. Will be required to attend the Final Estimate Preparation Seminar. Should
have knowledge of FOOT Field Standards. Will be responsible for the progress and final estimates
throughout the construction project duration. Must have the following:
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Qualifications:
Asphalt Roadway Level II (will require Roadway Level I written exam)
Certifications:
MOT Level II A TTSA or IMSA
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SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
B.1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of:
Tad Pluc, Project Manager
Transportation Engineering and Construction Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
239/774-8192, 239/659-5771 Fax
tadpluc@colliergov.net
B.2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
ITEM TASK NOT TO EXCEED
AMOUNT:
1. Management Engineering Services $ 731 880.00
2. I nspector Services $1 517406.00
3. Testinq Services $ 20.000.00
4. Survey Services $ 55.320.00
5. Expenses $ 80.400.00
TOTAL FEE (Total Items 1-5) $2405006.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall subm.it detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWN ER.
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B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees and Reimbursable Expenses earned that month for both
Basic Services and Additional Services. Invoices shall be reasonably substantiated,
identify the services rendered and must be submitted in triplicate in a form and manner
required by Owner. Additionally, the number of the purchase order granting approval for
such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
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maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
8.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
8.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
8.3.5.1.3. Permit Fees required by the Project.
8.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
8.3.5.1.5 Expense of models for the County's use.
8.3.4.1.6 Other items on request and approved in writing by the OWNER.
8.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
TPA# 1953637.9
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SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
lOG
Schedule of fees for Basic Services
Task 1. Management Engineering Services
Construction coordination
Complete record keeping of all activities and events
Document all significant changes to the project
Contract, plan, and specification interpretation
Dispute resolution solutions (contractor and the public)
Maintain required level of surveillance of contractors activities
Prepare and document monthly pay requests
Web site management and public relations
$ 731,880
Task 2. Inspector Services
. Maintenance of Traffic
. Erosion, sedimentation and pollution control
. Embankment, base, and pavement structure
. Signing and marking plan conformance
Utility inspection personnel provided
$1,517,406
Task 3. Testing Services
. Field Sampling and material testing
$20,000
Task 4. Survey Services
. Bench mark verification
Horizontal and vertical control verifications pre-construction
and post-construction.
$55,320
Task 5. Expenses
Rent
Phone/Fax/DSL Line
Electric
Cleaning Service
Copier (Rental & Maint.)
$ 80,400
Total for Tasks 1 through 5
. Due to the nature of a large construction project, while the
total dollar amount might remain the same, there may be
some fluctuation in the task categories calculations.
$ 2,405,006 I
TPA# 1953637.9
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SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
1"OG
Professional Hourly Fee
Sr. Project Engineer $140.00/hr
Project Administrator $105.00/hr
Office Manager $ 55.00/hr
Administrative Assistant $ 42.00/hr
Senior Inspector (Regular Time) $ 75.50/hr
Senior Inspector (Premium Time) $ 95.50/hr
Inspector (Regular Time) $ 58.50/hr
Inspector (Premium Time) $ 84.50/hr
PSM $150.00/hr
Survey Technician $ 85.00/hr
3-Man Survey Crew $1120.00/day
TPA# 19536379
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SCHEDULE C
PROJECT SCHEDULE
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Task 1. Management Engineering Services
Construction coordination
Complete record keeping of all activities and events
Document all significant changes to the project
Contract, plan, and specification interpretation
Dispute resolution solutions (contractor and the public)
Maintain required level of surveillance of contractors
activities
Prepare and document monthly pay requests
Web site management and public relations
730 days
Task 2. Inspector Services
Maintenance of Traffic
Erosion, sedimentation and pollution control
Embankment, base, and pavement structure
Signing and marking plan conformance
Utility inspection personnel provided
730 days
Task 3. Testing Services
. Field Sampling and material testing
As Needed
Task 4. Survey Services
. Bench mark verification
Horizontal and vertical control verifications pre-construction
and post-construction.
As Needed
Based on 24 month CEI contract @30.42 days
* (average)/month
TPA#1953637.9
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C-l
.MOOl./CER ~954) 724-7000
Keyes Coverage, Inc.
5900 Hiatus Road
Tamarac, FL 33321
Suzi~ B. x2235 suzieb~keyescoverage.com
INSURED Consu - Tec Construction Management ,
3141 Commerce Parkway
Miramar Park of Commerce
Miramar, FL 33025
FAX 1 (413) 832-5851 Cindi Metz
~AX (954)724-7024
D"TE (MMlDDNYYY)
OS/23/2006
TtnSCEA-1'If:lGA'1"E-1S~SSUE9 AS AMA'FFER 9FINF9RM-A'flE>K
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.ACtJBLt
CERTIFICATE OF LIABILITY INSURANCE
EXTENDED ENDORSEMENT
Inc.
INSURERS AFFORDING COVERAGE
INSURERA: Hartford Casualty Ins. CO.
INSURER B: AIG-Cornnerce 81 Industry Ins.
INSURERC: Continental Casualty Ins CO.
INSURER D:
INSURER E:
NAlC'
29424
19410
20443
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINI
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
- TYPE OF INSURANCE POLICY NUMBER POLlCYf~ ~~- UMITS
GENERAL UABILITY 21UUNW3452 OS/24/2005 06/3 EACH OCCURRENCE $ 1. 000. 00(j
ex COMMERCiAl GENERAl LIABILITY DAMAGE TO RENTED $ 300.00(
I CLAIMS MADE m OCCUR MED EXP (Anyone person) $ 10.00(
A X WAIVER OF SUB INCL IF REQ. BY CONTRACT PERSONAl & ADV INJURY $ l,OOO.OO(
GENERAl AGGREGATE $ 2.000.00(l
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS . CO~P/OP AGG $ 2.000.00(l
n 'fX]PR(). nLOC
POLICY X, JECT
AUTOMOBlLS UABILITY 2lUENW5030 OS/24/2005 06/30/2006 COMBINED SINGLE UMIT
X Nf'( AUTO (Ea accident) $ 1,000.000
-
AU OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
A :r
HIRED AUTOS BODILY INJURY
S
X NON-OWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
(Per accident)
GARAGE UABlLITY AUTO ONLY- EAACCIDENT S
=j Nf'( AUTO OrnER THAN EA ACC $
AUTO ONLY: AGG $ -
EXCESSlUMBREUA UABlLITY 2lXHUUV3379 OS/24/2005 06/30/2006 EACH OCCURRENCE $ 2.000.00C
:KJ OCCUR 0 CLAIMS MADE AGGREGATE $ 2.000.00C
A COl11'leted Oper. $ 2.000.00C
~ DEDUCTIBLE $
X RETENTION $ 10,000 $
WORKERS COMPENSA11ON AND WC7695543 06/30/2005 06/30/2006 X I WC ST ATlF I XlOJ;!;!'
,"- EMPLOYERS' UABIUTY 1.000.00C
B AN'(~il?:TOfl"PAfl~lIre E.L EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? BLANKET WAIVER OF SUB E.L DISEASE. EA EMPLOYEE: $ 1,000.000
~PEc;I:'~~v~~1~~s below E.L DISEASE. POLICY LIMIT $ 1 . 000. 00(l
~~tectS/Engineers' BNPF29439 OS/24/2005 06/30/2006 $2,000,000 Per Claim/Aggregate
C ~rofessional liability $100,000 Deductible Per Claim
Prior Acts Date 5/24/1998
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl. PROVISIONS
e: Contract #06-3583 - Project No.62081 - Professional CEI Services Santa Barbara Blvd from Davis
~lvd to Painted Leaf Lane
~ertificate holder is included as Additional Insured with repects to General liability coverage for
~rk performed by named insured on the above described project.
ATlnIlJ
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
-1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Collier County Board of County COlmlissioners BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY
3301 E. Tanriami Trai 1 , Bldg D OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples, FL 34112 Al1l'HORlZlm RE.PRESENT ATlVE ~~
Carev Keves/KEY16
ACORD 25 (2001108) FAX: (239) 774-8048
@ACORDCORPORATION 1988
SCHEDULE D
INSURANCE COVERAGE
1,OG
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT must
identify on the Certificate of Insurance the nature and amount of such self-insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
TPA#1953637.9
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CON19A~
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days
after demand, OWNER has the right to offset these costs from any amount due CONSULTANT
under this Agreement or any other agreement between OWNER and CONSULTANT. The
OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for
the coverages purchased or the insurance company or companies used. The decision of the
OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY
Required by this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
x
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable _X_ Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
TPA# 1953637.9
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$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
-2L $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
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_ $5,000,000 each claim and in the aggregate
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(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy
deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall
require the prior written approval of the Risk Management Director or his/her designee, at their
discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) CONSULTANT shall purchase valuable papers and records coverage for plans,
specifications, drawings, reports, maps, books, blueprints, and other printed documents in an
amount sufficient to cover the cost of recreating or reconstructing valuable papers or records
utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
TPA# 1953637.9
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
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In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Consul-Tech Construction Management, Inc. hereby certifies that wages,
rates and other factual unit costs supporting the compensation for the services of the
CONSULTANT to be provided under the Professional Services Agreement, concerning
Professional CEI Services for Santa Barbara Boulevard from Davis Boulevard to Painted
Leaf Lane are accurate, complete and current as of the time of contracting.
Consul-Tech Construction Management, Inc.
BY:
DATE:
V J Cc- ref, b; 0 ~I'J r
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.
TITLE:
TPA#19536379 PSA
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SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Senior Project Engineer John Rowell, P.E. 20%
Project Administrator Tim Woodrum 100%
Office Manager Beverly Morley 20%
Administrative Assistant To Be Determined 100%
Senior Inspector Steve Cummings 100%
Senior Inspector Densel Landrum 100%
Inspector Hector Mendez 100%
Inspector Nikuni Dave 100%
Inspector Samuel Comeriator 100%
TPA#1953637.9
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EXlDBIT A-I Contract Amendment # 06-3583
"CEI Services for Collier Road Projects - Santa Barbara Blvd from Davis Blvd. to Painted Leaf
Lane"
This amendment, dated HA'1 I' , 200..6. to the referenced agreement shall be by and between the
parties to the original Agreement, Consul-Tech Construction Management, Inc. (to be referred to as
"Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 06-3583 "CEI Services for Collier Road Projects - Santa Barbara Blvd from Davis Blvd.
to Painted Leaf Lane"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract to read in instances where "Painted Leaf
Lane" appears shall be changed to read "Copper Leaf Lane".
The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete
said change at no additional cost to the County.
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 t da (s) indicated below.
~ /~, 200};
CONTRACTOR:
(type in contractor name)
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: ',AP !f"'i-Yc. c..N?<- ~
(Type name) Project Manager
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DEPARTMENT DIRECTOR
By:
DIVISION ADMINISTRATOR
By:
. C C~01')NJ ., RACT SPEgALIST
/;'(71)"(0,- (~c,,?J$/r
By Rhonda Cummings .
(Type name) (
10H
MEMORANDUM
Date:
June 12, 2006
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Ann Jennjohn, Deputy Clerk
Minutes & Records Department
Re:
Bid No. 06-3960: "Haldeman Creek
Restoration Dredging Project"
Contractor: Energy Resources, Inc.
Attached please find three (3) original documents, as referenced above,
(Agenda Item #10H), approved by the Board of County Commissioners
on Tuesday, May 9, 2006.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Attachments (3)
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ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO: 0 /:?? R{!,a:Jtf71
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
Date: June 6, 2006
To:
Robert Zachary
Assistant County Attorney
This contract was approved by the BCC on
Agenda Item:
This item has not been previously submitted.
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From:
Brenda Brilhart, Purchasing Agent
Contract:
Bid 06-3960 "Haldeman Creek Restoration Dredging Project
Contractor: Energy Resources, Inc.
BACKGROUND OF REQUEST:
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
13 rewk:L I
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Memorandum
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DATE:
June 6, 2006 '\. o\Jt
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Sheree Mediavilla, Senior Analyst \j \9
Risk Management Department
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FROM:
Brenda Brilhart, Purchasing Agent
RE:
Review of Insurance for: BID #06-3960 "Haldeman Creek Restoration
Dredging Project
Contractor: Energy Resources, Inc.
This Contract was approved by the BCC on May 9,2006 Agenda 10.H
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/774-8446.
cc: Margaret Bishop, Stormwater
TPA#1953633.11
Haldeman Creek Restoration Dredging Project
COLLIER COUNTY BID NO. 06-3960
COLLIER COUNTY, FLORIDA
Design Professional:
Post, Buckley, Schuh & Jernigan (PBS&J)
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBIT G:
EXHIBIT H:
EXHIBIT I:
EXHIBIT J:
EXHIBIT K:
EXHIBIT L:
EXHIBIT M:
Performance and Payment Bond Forms
Insurance Requirement Form
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by PBS&J
and identified as follows: Haldeman Creek Restoration Dredging
Project as shown on Plan Sheets 1 through 45.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
EXHIBIT P: Agreement for Haldeman Creek Disposal
EXHIBIT Q: Sediment Laboratory Results
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Haldeman Creek Restoration Dredging Project
COUNTY BID NO. 06-3960
Separate sealed bids for the construction of Haldeman Creek Restoration Project,
addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
17th day of April 2006, at which time all bids will be publicly opened and read aloud.
Any bids received after the time and date specified will not be accepted and shall be
returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 4th
day of April 2006, at which time all prospective Bidders may have questions answered
regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Haldeman Creek Restoration Dredging Project, Bid No.
06-3960 and Bid Date of April 17, 2006. No bid shall be considered unless it is made
on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
(GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to
submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $50.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
TPA#1953633.11
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Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 16th day of March 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TPA#1953633.11
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
TPA#1953633.11
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base' bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the one hundred and twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
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Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5,7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
TPA#1953633.11
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opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
TPA#1953633.11
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
TPA#1953633.11
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TPA#1953633.11
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
itA person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
TPA#1953633.11
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~COLLlER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
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!fill
r
ADDENDUM
DATE:
April 11, 2006
TO: Interested Bidders
FROM~ Brenda Brilhart
\:SV Purchasing Agent
SUBJECT: Addendum # 3: BID 06-3960 -- "Haldeman Creek Restoration Dredging Project"
Addendum # 3 covers the following change for the above-referenced Bid:
QUESTIONS/ANSWERS:
Q: Is there any possible disposal site on the other side of Bayshore?
A: Not presently
Q: Clearance under bridge?
A: Approximately 6 feet maximum at low tide.
Q: Is Sub-contracting allowed?
A: Yes
Q: Any trees or shrubs on disposal site that have to be protected?
A: No, but there is a conservation easement and the limits of clearing will be marked prior to the
commencement of work.
Q: Are there any arrangements to take hydraulic lines across private property?
A: No, this should be handled independently with the awarded vendor and property owner. Copies
of all agreements shall be supplied to the County.
Q: Is there any specs provided in the digging around oyster beds?
A: There is a 10 foot buffer for oyster beds.
Q: Is the entire channel navigable?
A: Worst conditions near 41 and Walmart - shallow due to storm fall-out.
1 0 H ~'0-..& .,.j'
.~ ..
Q: Any area being re-engineered?
A: No
Q: Does the vendor have to use the disposal site?
A: Yes, based on the agreement presented in Exhibit P
Q: How many days to substantial completion? Final completion?
A: 120 and 180 Days
Q: How many days after completion of work will the survey be final?
A: 10 working days.
Q: Is there a 6 inch over dredging?
A: 1 foot below required depth is allowable.
Q: Signs, will require rock punching, will there be a separate line item?
A: Yes, see revised Bid Form.
Q: Is marker location in plans?
A: Yes, page 39 of 45.
Q: On disposal site, will whole lake be filled in?
A: Yes.
Q: Turbidity Tests?
A: Yes, by County.
,. Q: Is there a budget?
A: Yes, based on last year's numbers, $3.2 million.
Q: Any resistance from property owners for dredging?
A: No, most have been waiting for a long time for project to start.
Q: Is there a predetermined sequence of events on what areas are to be dredged?
A: No, that is under the Contractor's control with approval by engineer of record.
Q: What about value engineering?
A: Yes, with County approval.
Q: Are County permits complete?
A: Yes, all permits are in hand.
Q: Is this are-bid?
A: No
Q: What are the fencing requirements?
A: Silt and 6 foot chain link fences shall be maintained through the project as shown on plans.
Q: Define substantial completion?
A: When all dredging done.
2
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CLARIFICATION:
. There is an Agreement with a Developer that his firm has first call on whether they will retain
the fill material.
. If Developer does not want dredged material, it is the Contractor's responsibility to truck it to
the landfill. The County is the owner of the material.
. Procedures for material disposal in bid package.
. Contractors should be prepared to utilize polymers for turbidity control, if necessary.
. No excavation of rock will be necessary, if encountered, contact Project Manager.
Replace: Bid Schedule Page GC-P-2 with the attached revised sheet.
If you require additional information please call me at 239/774-8446 or bye-mail at
brendabri Ihart@colliergov.net.
cc: Margaret Bishop, Stormwater
3
BID SCHEDULE
Haldeman Creek Restoration Dredging Project
Bid No. 06-3960
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ADDEMDUM #3
Item No.
Description
1. Mobilization/Demobilization
2. a. Spoil disposal site preparation and
final grading, transportation
b. Final disposal of material Site 1
Lakeview Drive Disposal Site
c. Final disposal of material Site 2
Naples Landfill
d. Final disposal of material Site 3 1722
Tamiami Trail East
e. and installation of navigation
markers
3.
Drede:ine: Activity
Reach No.1 to a minimum depth of -2 ft. to
-5 ft. (ML W)
9,437 CY LS $
4.
Reach No.2 to a minimum depth of -5 ft.
(ML W)
13 ,246 CY LS $
5.
Reach No.4 to a minimum depth of -5ft.
(ML W)
3,675 CY LS $
6.
Reach No.5 to a minimum depth of -5' ft.
(ML W)
12,632 CY LS $
Total 38,990 CY
TOTAL BASE BID (Items 1 through 6)
(In Words):
$
1.
ALTERNATE:
Reach No.3 to a minimum depth of
5 ft (MLW) (City of Naples)
3,962 CY LS
$
Note: 1) In the event of a discrepancy between words and figures, words shall govern.
2) The description of items in this bid schedule is not intended to list every component or activity
required. All work shown on the Plans and Specifications, and/or necessary, whether shown
and/or detailed on the plans or not, to successfully complete this project on time shall constitute
the lump sum cost. This includes, but is not limited to utility (including but not limited to
drainage) conflicts that may require locating, modifying, extending, or moving either existing
utilities or the proposed work. The contractor shall have no claim for additional compensation
for utility conflicts encountered.
4
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
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,
ADDENDUM
DATE:
March 28, 2006
TO:
Interested Bidders
FROM: ~. Brenda Brilhart
V Purchasing Agent
SUBJECT: Addendum # 2: BID 06-3960 -- "Haldeman Creek Restoration Dredging Project"
Addendum # 2 covers the following change for the above-referenced Bid:
Replace: Bid Schedule Page GC-P-2 with the attached revised sheet. It includes the CY of
materials for the alternate 1.
If you require additional information please call me at 239/774-8446 or bye-mail at
brendabri Ihart@colliergov.net.
cc: Margaret Bishop, Stormwater
Item
No.
1.
2.
3.
4.
5.
6.
1.
BID SCHEDULE
Haldeman Creek Restoration Dredging Project
Bid No. 06-3960
ADDEMDUM #2
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,
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Description
Quantity
Estimate
Unit Total Price
MobilizationlDemo bilization
LS
$
Spoil disposal site preparation
and final grading, transportation
and final disposal of material,
and installation of navigation
markers
LS
$
Drede:ine: Activity
Reach No.1 to a minimum depth of
-2 ft. to -5 ft. (ML W)
9,437 CY
LS
$
Reach No.2 to a minimum depth of
-5 ft. (ML W)
13,246 CY
LS
$
Reach No.4 to a minimum depth of
-5ft. (ML W)
3,675 CY
LS
$
Reach No.5 to a minimum depth of
-5' ft. (ML W)
12.632 CY
LS
$
Total
TOTAL BASE BID
$
(In Words):
ALTERNATE:
Reach No.3 to a minimum depth of
5 ft (MLW) (City of Naples)
$
Note: 1) In the event of a discrepancy between words and figures, words shall govern.
2) The description of items in this bid schedule is not intended to list every component or activity
required. All work shown on the Plans and Specifications, and/or necessary, whether shown
and/or detailed on the plans or not, to successfully complete this project on time shall constitute
the lump sum cost. This includes, but is not limited to utility (including but not limited to
drainage) conflicts that may require locating, modifying, extending, or moving either existing
utilities or the proposed work. The contractor shall have no claim for additional compensation
for utility conflicts encountered.
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8446
FAX (239) 530-6697
www.colliergov.net
lOH
. 'Il~
:.:,1
ADDENDUM
DATE:
March 21,2006
TO:
Interested Bidders
FROM: ~ Brenda Brilhart
'\!f:) Purchasing Agent
SUBJECT: Addendum # 1: BID 06-3960 -- "Haldeman Creek Restoration Dredging Project"
Addendum # 1 covers the following clarification for the above-referenced Bid:
QUESTION: Is the dredging mechanical or hydraulic or doesn't it matter?
ANSWER: Dredging may be done hydraulically or mechanically as circumstances warrant to
minimize turbidity and to account for potential restrictions on the size and maneuverability of the
dredge equipment in the finger canals and due to the Bayshore Drive Bridge.
If you require additional information please call me at 239/774-8446 or bye-mail at
brendabrilhart@colliergov.net.
cc: Margaret Bishop, Stormwater
(1'\-\.5 \ hO-h
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COL~IER COUNTY, FLORIDA
IOH
Haldeman Creek Restoration Dredging Project
BID NO. 06M3960
Full Name of Bidder EJJE Rlt-Y 'j?GS.Ol.l te~ ) ~c ·
Main Business Address Zz.o {;, S;a rn II eJ c;:,7c-t~ri- (J:f .
Place of Business c.. ~,.-t1 ('>JJ) Mo. '> t, :3 0 a S-
Telephone No. ((,31.4) 5''3;).- 9SS'B Fax No. ~3~) .5"'3;;) .- 510 1/
State Contractor's License #...h}6 S+-~ l \~nse ~\(" Dr-~\~ C ~.r.o.(..~r-S..
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
;I: The undersigned, as Bidder declares that the only person or parties interested in this
,~.'.' Bid as principals are those named herein, that this Bid is submitted without collusion
~ with any other person, firm or corporation; that it has carefully examined the location of
I the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
reto and acknowledges receipt below:
~
Addendum Date Issued Contractor's
Number 3-;2/-0fc I~~.
111
O}- 3-'"J-~~Ofo p, t< ·
03 I..J - / /- 0 b "1?R · -,
;
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t
r Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the .Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: if you choose to bid, please submit an
ORIGINAL and ONE COpy of your bid pages.
TPA#1953633.11
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BID SCHEDULE ADDEMDUM #3
Haldeman Creek Restoration Dredging Project lOH
Bid No. 06-3960 ,~ ""
Item No. Description QTY Unit Total Price j~
1. MobilizationlDemobilization I LS $JJ-8? 1 000
2. a. Spoil disposal site preparation and I LS $ ~Lt) bOO
final grading, transportation
b. Final disposal of material Site 1 I CY $ 1) 0 CJO
Lakeview Drive Disposal Site
c. Final disposal of material Site 2 I CY $ 2.(0 I) 000
Naples Landfill
d. Final disposal of material Site 3 1722 I CY $-' 3 5\ 000
Tamiami Trail East
e. and installation of navigation 14 LS $ ;),;1.. I D 00
markers
Dredlrlne: Activity 2 '-f;J.,t DO 0
3. Reach No.1 to a minimum depth of -2 ft. to 9,437 CY LS $
-5 ft. (MLW)
4. Reach No.2 to a minimum depth of -5 ft. 13,246 CY LS $ 34-0)000
(ML W)
5. Reach No.4 to a minimum depth of -5ft. 9~L ooa
(ML W) 3,675 CY LS $
6. Reach No.5 to a minimum depth of -5' ft. "5 ::2-S) 0 00
(ML W) 12.632 CY LS $
Total 38.990 CY
TOTAL BASE BID (Items I through 6)
(In Words): On<",~ V\.o\~\hbV\ ~\.~-e ~\..L.....&~
s,evr':.\I\. ~OU~l"D Il\ &. eto \ \a v-s.
.$ \\ q to I) 000
:Sl~
1.
ALTERNATE:
Reach No.3 to a minimum depth of
5 ft (MLW){City of Naples)
3.962 CY LS
$.J t 0, 000
Note: I) In the event of a discrepancy between words and figures, words shall govern.
2) The description of items in this bid schedule is not intended to list every component or activity
required. All work shown on the Plans and Specifications, and/or necessary, whether shown
and/or detailed on the plans or not, to successfully complete this project on time shall constitute
the lump sum cost. This includes, but is not limited to utility (including but not limited to
drainage) conflicts that may require locating, modifying, extending, or moving either existing
utilities or the proposed work. The contractor shall have no claim for additional compensation
for utility conflicts encountered.
4
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BID SCHEDULE
BIDS shall include sales tax and all other applicable taxes and fees.
2. BIDS shall be on the basis of lump sum prices for Bid Items I through 6. All prices shall be
compensation in full for the complete work.
3. The undersigned herewith submits the following prices which shall be applicable for any
revisions to the extent of the work (either additions or omissions) as indicated on the original
Plans and Specifications. The prices hereafter listed are understood to include all charges for
layout, insurance, taxes, field office and supervisions, overhead and profit, bonds and
miscellaneous items needed to complete the work.
4. The County reserves the right to reject any and all bids received, or to limit or increase quantities
or delete items under Bid Items, or to waive any informalities in the bids, without penalty
whichever may be in the Owner's best interest.
TPA#1953633.11
GC-P-3
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MATERIAL MANUFACTURERS
~ Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
,proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1. 'S:) "
'TIA...,.~t~Y7a'tvl ev-)
2. KI1~e.v-
3'd 9
t101l'<'l''''tt {!, }...~~
4.
snt- Cu.~;os
-tt-CF t7'r f1M.-el('-\.C!e..... 7e-oJ-(
~ .4-1.- c- 0
JJ tI\,,,J,(,1? u.?~ RoJv...~ )4:"ue. ,
5.
,'Dated Lf-II- 0 b
Ef.3ER.6-~ ~SOQ.e.~s
Bid~
BY:~
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TPA#1953633.11
GC-P-4
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LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bfdder to removelreplace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The under~igned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
CateQory of Work
1. CkA'M'e.lJ:f Q v- k::e \r ~
Subcontractor and Address
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~70 I RAAO ((oM:>.
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953633.11
GC-P-5
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STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
lov>V\ tk ~~ bo~ lcey) pL
::Tat-tes. }..Itl c,"O \e (g<tf) '50- ICf ~7 -
.:JOe:.- be,( en tfeS /..J-( 14~ ~) F'L
Cry!) 76'8 - ~oo ~+ ';).a.9
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fJ6h a~ ~,I~ IJSoojo-cR> (2.001.-') /I )
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4.
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BY:
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1953633.11
GC-P-6
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TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF.SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
::1. )~M Rre..
~'LF
~~-
10
:(~
TOTAL
$
2-0-0
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 'I-I (- 0 G
E fJ GR.6- 'r ~ ~ (j tl ~ l.TI.c.
Bidd~"
BY~ ,
1953633.11
GC-P-7
ION
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
A.areement form attached to the Bidding Documents within ten (10) calendar days and
( ler the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
s'~ ,tantially complete all work covered by this Bid within one hundred and twenty
. ('I_J) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
.
State of _U, .5.s0q'('"~ .
countyOf~' h,,",,-s:' -"i2 ~
~~. K €.l fV~ v-&>i- . . , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein. made a e made on behalf of such Bidder and that this
deponent is authorized to make them.
, Re-(~k~rk
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
, also deposes and says
TPA#1953633,11
GC-P-8
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a) Corporation
rh~idder is a corporation organized and existing under the laws of the State of
1-11....50cJ!.<r~ , which operates under the legal name of
E...~"l.~'r /?rs.ou .f){1#;S I ~ ' . and the full names of its officers are as follows:
President Bv.l k?<=., '/1 ~a'r~
Secretary ~~ H I$C' ee~ e...
I
Treasurer Nct..cer~-e p~ nkov<Bf-,
Manager
fhe 'R-eH'J~~+) 'f>Cl>'-(.( 21 II\~~ is authorized to sign construction bids
:md contracts for the company by action of its Board of Directors taken
i.f--r I-O~ I a certified copy of which is hereto attached (strike
Jut this last sentence if not applicable).
[b) Co-Partnership
fhe Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
fhe co-partnership does business under the legal name of:
[c) Individual
fhe Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
JA TED
legal entity
BY:
Nitness
Name of Bidder (Typed)
Nitness
Signature
Title
IPA# 1953633. 11
GC-P-9
lOH
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ENERGY RESOURCES, INC.
1106 Samuel Stuart CL Chesterfield, MO 63005
(636) 531-9558 fax (636) 531-5611
April 11, 2006
Directors Meeting
The directors / owners of ENERGY RESOURCES, INC., Paul Reinhardt, Bill
Breece, by phone meeting today declare that Paul Reinhardt, President of Energy
Resources, Inc. is authorized to sign the construction bid for the "Haldeman Creek
Restoration Dredging Project"
Cc:>~l~
Paul Reinhardt
President
STATE OF
JNTY OF
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,
acknowledged before me this ~ day-of f/tv, (
, as ('e ~ (12<:; .,J---.
, a (SSOCf rL corporation, on
He/she is personally known to me or has produced
L ; ~ <:...c2. as identification
The foregoing I
2Q06, by
of IE v-
behalf of the corporation.
C>r I \t(..(~
and did (did not) take an oath.
NAME:
tA--.
(S ature of Notary)
Jre:4 V '^^ ~
(Legibly Printed)
My Commission Expires: ( (?- ca I c13
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(AFFIX OFFICIAL SEAL) -,"~~~~~~.~~~".~
I ...~~E)(PI'eJ'..:r ~
I /~~ NOTARY~"" ;
: : <:) PUBLIC "" : ::
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""'",OF M\SCO \\,\..........
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Notary Public, State of ft. 0
Commission NO.:-.1Jf
TPA#1953633.11
GC-P-10
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Bond No ENERGY4-17-06
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Energy Resources, Inc.
(herein after called the Principal)
Fidelity and Deposit Company of Maryland
(herein called the Surety), a corporation chartered and existing under the laws 0'
State of Maryland with its principal offices in the city of Baltimore
and authorized to do business in the State of Florida are held
firmly bound unto the Collier County Government
(hereinafter called the Owner), in the full and just sum
Five Percent of Amount Bid dollars ($ 5% of Amount Bid
good and lawful money of the United States of America, to be paid upon demand 0
Owner, to which payment well and truly to be made, the Principal and the Surety
themselves, their heirs. and executors, administrators, and assigns, jointly and seve
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bi<
furnishing all labor, materials, equipment and incidentals necessary to furnish, in!
and fully complete the Work on the Project known as
Haldeman Creek Restoration Dredging Project
Bid No. 06.3980
NOW. THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL anc
PRINCIPAL shall enter into the required Agreement with the OWner and within ten I
after the date of a written Notice of Award in accordance with the terms of such Bid.
give such bond or bonds in an amount of 100% the total Contract Amount 8S specifiE
the BIdding DOCuments or Contract Documents with good and sufficient surety for
faithful performance of the Agreement and for the prompt payment of labor, materials
supplies furnished in the prosecution thereof or, in the event of the failure of
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and delivl
Owner the required certificates of insurance, jf the PR'NCIPAL shall pay to the OBU(
the fixed sum of $ 856.00 per day noted above as liquidated damages, and not;
penalty, as provided in the Bidding Documents, then this obligation shall be null and'
otherwise to remain in full force and effect.
fPA#1953633.11
GC.P.11
lOH
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IN TESTIMONY Thereof, the Principal and Surety have caused these presents t
be duly sign,ed and sealed this 17th day of April , 2006.
BY ~e;tM
Principal
(Seal)
Surety
(Seal)
Local Resident Producing Agent for
0,.,\953633,11
GC-P-12
T HIS SHE E T MUS T B E S I G NED BY V END 0 R1 0 H
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
'iti
:,
BIDDERS CHECK LIST
Please read carefully, sign in the spaces indicated and return with
should check off each of the following items as the necessary action is completed:
1 . The Bid has been signed. V
2. The Bid prices offered have been reviewed.; ./
3. The price extensions and totals have bee/n checked.
4, The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included../
6. Any delivery information required is included. v
7, If required, the amount of Bid bond hj:ls been checked, and the Bid bond or
cashiers check has been included. ./ /
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:/
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
The mailing envelope must be sealed and marked with: /
<:>Bid Number;
<:>proJect Name;
<:>Opening Date.
11.
12.
The Bid will be mailed or delivered in time to be received no later than the
specified ooeninq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
..F ~ G:./G.-6 "r" (?E$;ott.~ I ~c.. .
. Bidder N5""J2/. '
~~ - R-~tJ?e~~
Signature & Title
DATE: 'f-//-{)~
,11
GC-P-13
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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 he, &%,heieby nominate, constitute
and appoint Charles R. MCQUIGGAN and Ralph L. MCQUIGGA~ffi~e on.-IA~is, EACH its true and
lawful agent and Attorney-in-Fact, to make, execute, seal and~rih~.J~~~\~~"nd as its act and deed:
any and an bonds and undertakings, and the exec~tJA~W~~~s; .or ~~)U..p6i-suance of these presents, shall
be as binding upon said Company, a~full l1P2.aWY.J.\1b~r inttpfs 1iIj;1:k~~ if they had been duly executed and
acknowledged by the regul~ ~ee 1Ws-:om~~~pan.~.f\!}it I&; in Baltimore, Md., in their own proper persons.
This power of attor~~~ thlJ \ esi-9nd1~~~~~ R. MCQUIGG AN, Ralph L. MCQUIGG AN, Carol
ERWINE, dated Jan\IjPy~Q02-.~\~~ (/
The said Assistant ~V~e~e~~ certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-L\~~id Company, and is now in force.
IN WITNESS WHEREOF, 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 19th day of
September, A.D. 2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
~, }),/~-
By:
Assistant Secretary
/ (l /~1, l/
, j"';{J
If ,/l! ~/ f(~ c.y
!
Eric D. Barnes
William J. Mills Vice President
Sl~te of Mar.yland } ss:
CIty of BaltlITIOre
On this 19th day of September, AD. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM 1. 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 sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and thai 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.
\\\11U1111/
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<'....,..(,t1i.......~='\.\....
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Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA.F 079-0014
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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
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
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
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,."and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further 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.
l
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and f(lcsimiJe or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, wh~ther made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the COrlipany, shall be valid and
binding upon the Company with the same force and effect as though manually affixed." .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
17th
day of April
2006
.1
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#A.41i,t
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Assistant Secretary
.~
State of Illinois
County of Madison
On this 17th April, 2006, before me, a Notary Public within and for the above
mentioned county, personally appeared Charles R. McQuiggan, to me personally known,
whom being by me duly sworn he is an Attornev-In-Fact of:
AMCO Insurance Company
American Safety Casualty Insurance Company
BancInsure, Incorporated
Bond Safeguard Insurance Company
Connecticut Surety Company
Contractors Bonding and Insurance Company
Cumberland Casualty and Surety Company
Fidelity and Deposit Company of Maryland
First Sealord Surety, Inc.
Lexon Insurance Company
Nationwide Mutual Insurance Company
Nova Casualty Company
Old Republic Surety Company
Platte River Insurance Company
St. Paul Fire and Marine Insurance Company
The Ohio Casualty Insurance Company
Travelers Casualty and Surety Company of America
Underwriters Insurance Company
United States Fidelity and Guaranty Company
West American Insurance Company
Western Surety Company
the corporation named in the foregoing instrument, and that the seal affixed to the said instrument
is the corporate seal of the said corporation, and that the said instrument was signed and sealed
on behalf of the said corporation by authority of its Board of Directors, and the said
Charles R. McQuiggan, acknowledged the said instrument to be the free act and deed of the
said corporation.
By: Holly Vanes~a Johnson
Holly Vanessa Johnson, Notary Public
Apr~20 06 03:20p
Paul Reinhardt
(636) 532-5611
p.3
'! LEE COUNTY
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Ucense Holder PAUL REINHARDT
Name:
t\D \ \~
Firm Name:
Address:
ENERGY RESOURCES INC
2206 SAMUEL STUART CT
CHESTERFIELD MO 63005
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::.:: :::::: ::::: ::::::. .::::. :::CurHere::q
MAl L AOORESS ANO'OR
TELEPHONE # CHt\NGE TO:
LEE COUNTY
DEVELOPMENT SERVICES
P.O. BOX 398
FORT MYERS, FLORIDA 33902
A TIENTION: CONTRACTOR UCENSlN3
LEE COUNl'(
CERTIFICATE OF COMPETENCY
(239) 344-5695
Cmdtlans of Cer1jncate
Renewa c1Je 101' amv.t 8ld 'nadiveCll!Itif'ca. .ch year;' Sep1i11l1bll'.
NAME: PAUL REINHARDT
D/B/A ENERGY RESOURCES INC
LICENSED FOR: Dredging Contractor
COMPo NO. shall a~l'ar on al al:lwutlsemtrts ndr.di1g wtidlllli niI.ding iI
but heSlIlIl.,..,.
Shel on'ty cortra:tin D8JA ,,:m. as: ~ aFf)tln Q1 certifate. f,oad or
Appl'OWI uJqU(ed on bJlinss "ne CianO's.
ShaD msi.nlain tel:Iulrod ln5utanc[l:5 on active certIflc;lt~.
Shal infr:r m111e Cor1ra:;b7 UccrsingOffIa: r.:I ;nyAddressort..pt1Jn.#
charge.
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AI:; 12-E! (CClI'lIlnued)
Orlglnallssuanee:
ScOpe; services limited to construction of commercial buildings and slogle-dwelling or multiple
dwelling resldenUal buTldlngs and accessory use structures In connection with these buildings. The building
constructed cannot exceed three stories In height The scope of work also Includes repair, remodeling, or
Improvement of any existing bUilding If the services do not affect the structural members of the buhding. .
10. Cernent, Concrete and Masonry
Origlnall5Suance: prior to January 5. 19~
Scope~ a contractor who Is qualified to batch and mix aggregates, cement, and water to agreed
specifications. to construct forms and framework for the ca~Ung and Ml)plng of concrete, to place and erect r61nforcing
sleel and mfsceJlaneous embedded steel, and to pour, place and finish concrete; qualified to select" cut. and lay brick
and pther baked clay products, rough cut and dress stone. artificIal stone and precast blocks, structural glass brick
or block.
11. Cement Finishing
Original Issuance; September 1,1974
Scope: pour and finish concrete including fJ06rs. slabs and sidewalks.
12. Court (outdoor) Contractor .
Original Issuance: prior to March 25, 2003 __
Scope: maintain or repair outc;loor sports courts. including the preparation of the surface. drainage,
paving, surface topping, concrete, post and fenCing provided incidental electrical work is done by a licensed electrical
contractor.
13. Demolition
Original Issuance: prlorto June 21, 1988
Scope: demolish and remove structures. Including but not limited to dwellings, commercial buildings
and foundations.
I
14. DredgIng Contractor
Original Issuance: prior to March 25, 2003
Scope: operate dredging equIpment that digs and removes material by pump and places pumped
material to a fill area In one operation.
15. Dredging and L;lIndfllllng
Original Issuance: prior to June 21, 1988
Scope: operate dredging equipment that digs and removes materia) by pump and then deposits the
material 'at a fill location.
Drywall Contractor
Original Issuance: prior to March 25, 2003
Scope: Install gypsum drywall products to wood and metal studs, wood and steel joists and metal
runners in buildings of unlimited area and height; preparation of the surface over which the drywall producl is applied,
including the placemenl of non-structural metal studs, runners and all necessary trim. .
Additional: state Registration
17. Exposed Aggregate
Original Issuance: December 4, 1979 ,
Scope: mix, prepare and finish river rock and epoxy river gravel set in cement mastic.
18. Flooring
Orlglnallssuance~ prior to January 5, 1983
Scope: Install. repair or replace any materials used as finished flooring In B structure.
S:'L.lMDMCODE\AC Rnal\AC 12-6.wpd
Page 7 of 12
Missouri Secretary of State
Missouri Secretary of State, Robin Carnahan
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General Business - Domestic - Information
Charter Number: 00265476
Status: Good Standing
Entity Creation Date: 6/18/1984
State of Business.: MO
Expiration Date: Perpetual
Last Annual Report Filed 4/20/2005
Date:
Last Annual Report Filed:
Annual Report Month:
2005
January
R. WILLIAM BREECE, JR.
2206 Samuel Stuart Ct.
Chesterfield MO 63005
https ://www.sos.mo . gov lBusinessEntity / soskb/Corp. asp 7240287
.~ File Annual Report Online, click here.
For a blank Annual Registration Report, click here.
Business Name History
Name
ENERGY RESOURCES OF
ILLINOIS, INC.
ENERGY RESOURCES, INC.
COALHEART, INC.
Registered Agent
Agent Name:
Office Address:
Mailing Address:
4/21/2006
Apr 20 06 03:20p
Paul Reinhardt
(636) 532-5611
p.2
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..
:~
ENERGY RESOURCES, INC.
2206 Samuel Stuart CI. Chesterfield, MO 63005
(636) 532-9558 fax (636) 532-5611
April 20, 2006
Ms. Brenda Brilhart
COLLIER COUNTY GOVERNMENT
3301 East Tamiami Trail
Naples, Florida 34112
Re: Haldeman Creek Bid - Dredging Contractors License
Dear Ms. Brilhart,
I contacted your licensing department as per your recommendation. I was
referred to a Mr. Paul Balzano in this department. He informed me that Collier County
has had an ordinance requiring a dredging license from Collier County to perform dredge
work for Collier County. He stated that this ordinance had been on the books for at least
15 years but was not enforced on previous dredge contracts.
He also stated that Collier County has reciprocity with Lee County for
Dredging Licenses. I have attached a copy of our Lee County Dredging Certificate.
This should end any concern about our bid being responsive with regard to
licensing. Your attention to this matter would be greatly appreciated.
_.~~~ie"4rY' "
_._..-~ .
--, (
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> Paul Reinhardt
President
Apr 20 06 03:20p
Paul Reinhardt
(636) 532-5611
p. 1
ENERGY RESOURCES, INC.
VOICE (636) 532-9558
FAX (636) 532-5611
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2206 SAMUEL STUART CT., CHESTERFIELD, MO. 63005
Apr 1S 06 05:35p
Paul
P~inhardt
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(636)
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,
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ENERGY RESOURCES, INC.
VOICE (636) 532~9558
FAX (636) 532-5611
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2206 SAMUEL STUART CT" CHESTERFIELD, MO. 63005
Apr 19 06 05:35p
Paul D~inhardt
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(636) 5:=1~-5611
'J
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ENERGY RESOURCES, INC.
2206 Samuel Stuart Ct Chesterfield, MO 63005
(636) 532-9558 fax (636) 532-5611
April 19, 2006
Ms. Brenda Brilhart
COLLIER COUNTY GOVERNMENT
3301 East Tamiami Trail
Naples, Florida 34112
Re: Haldeman Creek Bid - Contractors License
Dear Ms. Brilhart,
Pursuant to our phone conversation earlier today, I would like to make the
following clarification on our bid for Haldeman Creek. You will be receiving a follow up
letter from our Florida attorney in the next few days regarding this matter. I must address
this to you and not Margaret Bishop because the Purchasing Department is the official
contact for all matters concerning this bid.
The third paragraph on page GC-PN-2 of the specifications states "In order to
perform public work, the Successful Bidder shall, as applicable, hold or obtain such
contractor's and business licenses, certificates and registrations as required by State
statutes and County ordinances". There is no state licensing for dredging contractors.
There is a state test for dredging contractors but no licensing. The state test is required by
one or two counties in Florida. One county that requires this test is Lee County. Energy
Resources, Inc. has passed this test for dredging and holds a dredging certificate from Lee
County.
Energy Resources, Inc. performed a dredging project for Collier County called
"South Channel and Water Turkey Bay Maintenance Dredging". This project was
completed in June, 1998. There was no county ordinance requiring dredging contractors
to hold a State General Contractor's License at that time. If a county ordinance bas
been passed since this project, please identify tbis ordinance and this will put an end
to this matter. Otherwise our bid should be deemed the lowest responsive bid.
Your attention to this matter would be greatly appreciated.
Sincer~Zt' A' I
-<;2 ~..-
Paul Reinhardt
President
Apr is 06 03:03p
Paul P<:>inhardt
(636) 5"''':)-5611
)
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ENERGY RESOURCES,
VOICE (636) 532-9558
FAX (636) 532-5611
INC.
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2206 SAMUEL STUART CT.. CHESTERFIELD, MO. 63005
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Apr 19 OS 03:03p
Paul Peinhardt
(S3S) 5~~-5S11
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ENERGY RESOURCES, INC.
1206 Samuel Stuart Ct. Chesterfield, MO 63005
(636) 532-9558 fax (636) 532-561 I
April 19,2006
Ms. Brenda Brilhart
COLLIER COUNTY GOVERNMENT
3301 East Tamiami Trail
Naples, Florida 34112
Re: Haldeman Creek Bid
Dear Ms. Brilhart,
I appreciate you sending me the bid details for Subaquous as I requested. It is
obvious that Energy Resources, Inc. is the low bidder on this project. Page GC-P-3,
Item 2 states that "BIDS shall be on the basis of lump sum prices for Bid Items 1 through
6". Subaquous has a total of $1,669,069 for lump sum items 1 through 6. Energy
Resources, Inc. has a total of $1 ,570,000. This in itself can not be debated.
There are minor discrepancies in the format of the bid schedule that do not alter
the bid results. The total base bid line shown in bold on the bid form is for items 1
through 6. It does not say just the lump sum items. It is for this reason that we totaled all
alternatives and extended the cubic yard price for each alternative. Subaquous did not
total the unit prices and did not extend any totals for these alternatives to the Total Base
Bid Line. The intent of each bidder was obvious and since these line items were not part
of the basis for the lowest bid it is a minor discrepancy.
Normally, Collier County will show both the unit price and the extended price for
totals and this would have avoided the minor discrepancy. I have attached a copy of Bid
Schedule form from the last project we performed for Collier County.
You should also note that Subaquous chose to add a price of $44/cy for material
hauled to the landfill. If there are heavy metals the material must be hauled to the
landfill. In this case this would add $1,715,560 to this project for Subaquous. We only
added $261,000 for this line item. In 2001, The West Coast Inland Navigation District
awarded the Phillippi Creek (Sarasota County) Dredging project to Subaquous. The
project had no predetermined heavy metals to deal with. The project mysteriously had
heavy metals to deal with. which prolonged the project and worked in the favor of the
contractor. Jfyou choose to look hard enough (e.g. storm sewer outfalls), you can find
heavy metals in almost any dredging project.
Your attention to this matter is greatly appreciated.
~1i4-
Paul Reinhardt
President
Apr 19 06 03:03p
Paul R~inhardt
I
(636) 5:12-5611
)
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BID SCHEDULE
South Channel and Water Turkey Bay Maintenance Dredging
Bid No. 97 - 2629
Estimated Unit
Ikm Description llnlt Quantity ~ .Th.ml
Mobilization and Job 1 $172,170 $ 172 , 170
Demo bilization
2 Channel Dredge and C.Y. 15,700 $ 12.10 . $189,970
Disposal
3 _ Upland Mitigation and Ac. 1.5 $ 13,300 $ 19,950
Di sposal
4 Landscaping Ac. 4.5 $ 3,070 $ 13,815
5 Turbidity Monitoring Job 1 $ 1,500 $ 1,500
TOTAL BASE BID $ 397,405
GC-P-2
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Energy Resources, Inc. ("Contractor") of Missouri, a
Corporation, authorized to do business in the State of Florida, to perform all work
("Work") in connection with Haldeman Creek Restoration Dredging Project, Bid No.
06-3960 ("Project"), as said Work is set forth in the Plans and Specifications prepared
by PBS&J, the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified. Owner and Contractor, for the consideration
herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: one million nine hundred seventy five
thousand five hundred thirty dollars and eighty seven cents ($1,975,530.87).
GC-CA-1
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,
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"1J
Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 1 00% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 4. Contract Time and Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and twenty (120)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within sixty (60) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
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.
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, Eight hundred and
fifty six ($856.00) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
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The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 5. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Exhibit P:
Exhibit Q:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by PBS&J
and identified as follows: Haldeman Creek Restoration Dredging
Project
as shown on Plan Sheets 1 through 45.
Contractor's List of Key Personnel
Stored Materials Record
Agreement for Haldeman Creek Disposal
Sediment Laboratory Results
Section 6. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
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A
:~;
..
Margaret Bishop, Project Manager
Transportation/Stormwater Mgt. Department
2885 S. Horseshoe Drive
Naples, Florida 34102
(239) 213-5857
MaraaretBishop@collieraov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Energy Resources, Inc.
2206 Samuel Stuart Ct.
Chesterfield, MO 63005
Phone: (636) 532-9558
Fax: (636) 532-5611
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 7. PUBLIC ENTITY CRIMES.
7.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
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Section 8. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it..
Section 9. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 10. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 11. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 12. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 13. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 14. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 15. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
GC-CA-6
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.*4
"4
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 16. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
By:
. Energy 1.~S' Ine
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"~\J ( I~e . ^~ -r/Lf- ,- f: e $( ~(-'~
Type/Print Name and Title
FI ST WITNESS
;j(,tIr"e ';]./J1),clI'df
Type/Print Name
&40 i~,
SECOND WITNESS
Col,n /-ft~ ~/r
Type/Print Name
Date: S -)-" '-0(...
Dwight E. Brock, Clerk
BY: ~~... ~~
~'.~';':', ". .~t"';-,
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, ' " ..,; ",
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: ~~~q,/
ATTEST:
Frank Halas, Chairman
ApProved As: r8F Ofl11
and Legal Sufffciency: ,_
. " ,.' . " ::.------- /
. -',_'i ~ ".f
~ / /'
Print Name: / (-', /' "
Assistant CoLir.\ty Aflorney
./
/
Item # lbJ:::t-
~~~~daC] 4 "0 to
Dat~. (, -ct -D'-
Rood ' VJ
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GC-CA-8
10
ACORD1JI CERTIFICATE OF LIABILITY INSURANCE
D.\ TE 4l1l1/1lDl\'YYY)
PRODUCER
Charles L. Crane Agency Co
100 South 4th Street
St. Louis Mo63102
Phone 314 241 8700 Fax 314 444 4970
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Energy Resources. Inc
2206 Samuel Stuart Ct.
Chesterfield Mo 63005
NAlC #
INSURED
tNSlIRERA:
~B:
INSl.IlER C:
INSURER D:
INSlJfleR E:
COVERAGES
THE POlICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIcATE MAY BE ISSUED OR I..
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POl.JCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID aAlMS. ,
INSR~........" PCJUc:yNUMBER I POUCYEFfECTlVE ~UCY!XPIRATION .. UIAlTlI
I EACH OCCURRENCE S 1 nn n nn n
03/01/06 03yjCH/O'l" .. S r:n Mn
s,5 ;flRR
sl. 000:mm-
s2.000.000
sl,OOO.OOO
A
~NERAL UA81L1TY
~~r..wERCJAL GENERALUABIlITY
_~ ClAIMS MADE D OCCUR
..l;Marine Gen Liab
-
~LAOORE~UUIT ~PER:
I POLICY I I ~ I IlOC
OML99001706
.
lIED EX!' IAny one_I
PI:RSOfoW. & ArN INJURY '
GEHERAlAGGREGATE
PRODUCTS. COMPIOP MJG
.
~TOM08ILElIABIUTY
_ At<< AUTO
_ All OWNED AUTOS
r-- SCHEtllLEO AUTOS
r-- HlREDAUTOS
r-- NON-OWNED AUTOS
r--
COMBINED SINGLE LIMIT
(E.1lCddon11
s
80011.. Y INJURY
(Per_I
BOOIL Y INJURY
(Per occIdlo1l)
nARAGE UABILITY
11 PH( AUTO
PROPERTY !lAIMGE
(Pw IICddonI)
AUTO ONLY . SAACCIOENT
OTHER THAN
AUTO ONlY:
SA ACe
AGG
s
s
s
s4.000~000
s4 .000 000
s
s
s
..
B
~ESSlUMBRELLA LIA8I\JTY
~ OCCUR D CU\Jt.lS MADE
~ DEDUCTIBLE
I RETENTION S
WORKERS COMPENSATION AND
EMPLOYER$' I..IABI\JTY
ANV PROPRJETORll'ARTNERlEXECUTIVE
OFFICERlMEMBER EXQ.UOED?
g~~~~NSb_
OTIl'i'rot & Indemnity
Vessel Pollution
J0884C
03/01/06
03/01/07
EACH OCCURRENCE
AGGREGATE
C
WC 295-61-11
includes USLH
04/27/06
04/27/07
.. I we ST A T\J. TOJ;lt
ELEACHACCIOENT S' nnn nnn
ELOISEASE.EAEMPlOYEE S' I\nn nnn
ELOlSEASE.POlICYUMIT S, nn" """
, ' .
$1.000,000
$5,000,000
Limit
Eimit
A
D
OHL 97901586
0528903
03/01/06
03/01/06
03/01/07
03/01/07 '
DESCRIPTION OF OPERA TlON& I LOCATIONS I VEHIClES I EXCLUSIONS ADDED BY ENDORSEMeNT I SPECIAl PROVISIONS
--:-
Collier County Florida named as additional Insured with respects to the
Haldeman Creek Project-Cancellation Clause amended to: Should any of the
above described policies be cancelled before the expiration date thereof~
the issuing company will mail 30 days notic~ of cancellation, non renewal
CERTIFlC -0 CANCEUATION .
Cellier County
. 3301 Tamiomi Trail East
Naples. Fl 34112
SHOULD ~Y Of' THE ABOVE DESCRlilEOPOLICEtBE CANCELlED BEFORE TIlE EXl'IRA TICH.
DATE n!ERl!OF. THEISSUlNci INSURER WILL ENDEAVOR TO MAIl 30' OAYS WRlTrEN
NOTICE TO 1llE CERTFICATE HOlOER NAMED TO THE, LEFT, BUT FAIl.URE TO DO SO SHAll.
IMPOSE NO OBlIGATION OR LIA8IIJTY OF AN'( KINO UPON TH.E INSURER, ITS AGENTS OR
REI'RESEHT ATlVES. .. ~
AUTHORIZED REI'~A>>€ J' 1'--:::17 ~
'/f/ '-II..N" ~/
.u " CA~ CORPORATION 1988
I
ACORD 25 (2001/08)
IOH
ACORDTV CERTIFICATE OF LIABILITY INSURANCE I OA lE (MMIOOJYVYY)
5/24/2006
PRODUCER (636)271-2481 FAX (636) 271-6956 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
NEC Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
308 Noonan Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 537
Pacific MO 63069 INSURERS AFFORDING COVERAGE NArC'
INSURED INSURER A: Owners Insurance Company 32700
Energy Resources Inc INSURER B:
2206 Samuel Stuart Ct INSURER C:
INSURER 0:
Chesterfield MO 63005-6810 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH THIS CERTIFICATE MAY BE ISSlJED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADo'L POLICY EFFECTIVE POUCY EXPIRA nON
LTR INSRo TYPE OF INSURANCE POLICY NUMBER DAlE (MIIIDDIYY) DAlE (MMIOOIYY) UMITS
GENERAL LIABILITY EACH OCCURRENCE $
- ~~~~J?E:~cel
- 3MERCIAL GENERAL LIABILITY $
CLAIMS MADE D OCCUR MED EXP (/ony one person) $ ,
-
- PERSONAL & ADV INJURY $
- GENERAL AGGREGATE $
GEN'L AGGREr9;:~ A~~r PER: PRODUCTS. COMP/oP AGG $
I POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
t-- $ 1,000,000
ANY AUTO (Ea accident)
t--
A ALL O\MolED AUTOS 4614396100 11/9/2005 11/9/2006 BODILY INJURY
c-- (Per petSon) $
X SCHEDULED AUTOS
c--
X HIRED AUTOS BODILY INJURY
- $
X NON.O\MolEo AUTOS (Per accident)
!--
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: $
AGG
EXCESSlUMBRELLA UABIUTY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSAnON AND I T~tI:UNs I 10TH.
EMPLOYERS' UABILITY ER
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICERiMEMBER EXCLUDED?
If yes, describe under E.L DISEASE. EA EMPLOYEE $
SPECIAL PROVISIONS below E.L DISEASE. POLICY LIMIT $
OTHER
DESCRIPTION OF OPERA TIONSlLOCA TIONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTlFICA TE HOLDER
CANCELLATION
Collier County
3301 Tamiami Trail East
Naples, FL 34112
SHOOLD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
I
ACORD 25 (2001/08)
'UC:n?c ""'......0'.-..:- AUC:
EXPIRATION DAlE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NonCE TO THE CERnFICAlE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBUGAnON OR UABIUTY OF ANY KIND UPON THE
INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~/~
--c~_
Joseph Bosse/CHMI
~ ACORD CORPORATION 1988
\/lID u.............. ~nl,.............. I....... 1Af\n\-:I.'17_n~t:;;
O........1...1?
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EXHIBIT A
PUBLIC PERFORMANCE BOND
Haldeman Creek Restoration Dr~d9ing Project
WHEREAS. Principal has entered into a contract dated as of the
May 2006. wIth
Haldeman Creek Restoration Dredging Project
in accordan~ with drawings and specifications. which contract is incorporated by
reference and made a part hereof. and is referred to herein as the Contract.
23rd
Obligee
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or <;lctual, incurred by Obligee; and
3. Performs the guarantee of all work and materiars furnished under the Contract for
the tIme specified in the Contract, then this bond is void; otherwise It remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received. hereby stipulates and agrees that r'lO changes,
extensions of time. alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shari in anywise affect
its obligations under this bond. and it does hereby waive notice of any such changes,
extensions of time, ~Itcrations or additions to the terms of the Contract or to work or to
the specifications.
TPAH1953633.11
GC-CA-A-4
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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, F!orida Statutes. shall not apply to this bond.
In no event wilt the Surety be liable in the aggregate to Obligee for more than the penal
sum of this PeliorrYlaoce Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHERE:OF, the above parties have executed this instrument this 24th
day of May , 2006. 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 presen.c~. .
t!t0~
Witnesses as to Pnnclpal .
"f'PM1953633.11
GC-CA.A.5
PRINCIPAL
Energy Reso~
% '
BY: .' ~
~ n ~ .
(' Gl... ( I<e( VI. It:rJ;J-
7i'~:Sldt"''' f-
NAME:
ITS:
IOH
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
PO Box 1227
Baltimore, MD 21203
(Business Address)
(Authorized Signature)
Witnesses as to Surety
OR
(Printed Name)
~/)(~
As Attorney in Fact ~t}/1
(Attach Power of Attorney) /lLi
Charles R. McQuiggan, Attorney-ir,-Fact
(Printed Name)
90 Krieae Farm Rd
Glen Carbon, IL 62034
~M'e
Witnesses
(Business Address)
618-692-9800
(Telephone Number)
STATE OF Illinois
COUNTY OF Madison
The foregoing instrument was acknowledged before me this 24th day of
May 1 2006, by Charles R. McQuiggan I as _Attorney-in-Fact
of Fidelity and Deposit Company of Maryland, a Maryland Surety, on
behalf of Surety. He/She is personally known to me OR has produced
as identificatiO~~ ~a d ho did (did not) take an oath.
My Commission Expires: rjy~ IJAf4Q(Jv r
March 26,2009 (Signatut
Name: Holly Vanessa Johnson
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
OFFICIAL SEAL
HOllY VANESSA JOHNSON
NOTARY PUBLIC - STATE OF ILLINOIS
TPA#1 ~5 ~ COMMISSION EXPIRES MARCH 26, -A-&
Not~ry Public, State of:
Commission No.:
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EXHlBIT A
PUBUC PAYMENT BOND
Bond No 08814169
Haldeman Creek Restoration Dredging Project
Bond No.
Contract No. 06-3960
KNOW ALL MEN BY THESE PRESENTS: That Energy Resources, Inc.
2206 Samuel Stuart Court, Chesterfield, MO 63005 , as Principal,
and Fidelity and Deposit Company of Maryland , as
Surety. located at PO Box 1227, Baltimore, MD 21203
(Business Address) are held and firmly bound to Collier County Board of Commissioners
as Obligee In the sum of One Million Nine Hundred Seventy Five Thousand Five H~ndred Thirty Dollars and Eighty Seven Cents
($ 1,975,530.87 ) fOr the payment whereof we bind ourselves, our heirs, executors,
personal representatrves, successors and assigns, jointly and severally.
WHEREAS. Principal has entered into a contract dated as of the 23rd day of
May 2006, with Obligee for Haldeman Creek Restoration Dredging Project
in Haldeman Creek accordance with drawings and specifiC9tions, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, SlJpplylng Principal with labor, materials Or supplies, used directly or indirectty
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not ~ffect 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 24th
day of May 2006, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
TPAltl ~~~[)3:$.11
GC-CA-A-1
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Signed. sealed and delivered
in the presence of:
~-~
~~
Witnesses as to Principal -
PRINCIPAL
Ener
BY:
NAME:
ITS:
STATE OF Missouri
COUNTY OF J.\- L\.~\..1 i ~
The foregoi~lnstrument Was acknowledged before me this 24th day of May
20 06. by Vr" ,~ ::\ 'l) e \ <C\ h,.-. cA--\ , as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced 1'<'\0 0\,,\~,\ Gcf'/\1aS
identification and did (did not) take an oath.
My Commission Expires: lY\ 0.. ('c~ \ '\ (). c \ 0
CAR H TTI T N
*tary lie . Notary
State of Mlasoud
SL Loul. C'h
My Commfsalon ExP.1reI t7.1010
Commission I 0639 4.
(AFFIX OFFICIAL SEAL)
NAME:
Qn )\ ~~\ t).~.J[ lA~~Q~~
(Signature of Notary) .
r D-(,D~ Wh~*,,,~~,-
(legibly Printed)
ATTEST:
Notary Public, state of m \ 030u..X"l
Commission No.: 0<039""'1144
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
PO Box 1227
Baltimore, MD 21203
(Business Address
(Authorized Signature)
(Printed Name)
Witnesses to Surety
TPA41195U33.11
GC.CA-A-2
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OR
~~e
Witnesses
Charles R. McQuiggan, Attorney-in-Fact
(Printed Name)
90 Kriege Farm Rd
Glen Carbon, II 62034
(Business Address)
618-692-9800
(Telephone Number)
STATE OF Illinois
COUNTY OF Madison
The foregoing instrum~nt was acknowledged before me this 24th day of
May I 2000, by Charles R. McQuiggan . as
Power-of-Attorney of Fidelity and Deposit Company of Maryland
Surety, on behalF of Surely. HeJShe is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
March 26, 2009
&ofL II~
(Signatu~
ff~
(AFFIX OFFICIAL SEAL)
OFFICIAL SEAL
HOllY VANESSA JOHNSON
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES MARCH 26, 2009
Name: Holly Vanessa Johnson
(Legibly Printed)
Notary Public, State of: Illinois
Commission No.:
TPM1953633.11
GC-CA-A.3
ION
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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 h!'!{epf,)({~/b.eieby nominate, constitute
and appoint Charles R. MCQUIGGAN and Ralph L. MCQUlGGA~ffitA'-q~e'g':aarl;o!l...ijlii(ois, EACH its true and
lawful agent and Attorney-in-Fact: to make, execute, ~eal and.Ae-!i~~;'e]\&d~i~Nr\Pt>\{~tt~~d as its act and deed:
any and all bonds and undertakings, and the execl;1t~~~.:.~s or ~[~l.lm6fsijance of these presents, shall
be as binding upon said Company, a~Luq~it~a~XJ,t%-ftH' Inttp\~~~1C~~'s-;~s If they ha~ been. duly executed and
acknowledged by the regul~Q: ~--..~tQ9~hh~r~F~.rUt~trIce In BaltImore, Md., In theIr own proper persons.
This power of attor~rr~~ th'ar~~9;sm~~'!~rl6 R. MCQUlGGAN, Ralph L. MCQUlGGAN, Carol
ERWINE, dated Jan\lJfY~~Ot;;-I~J.:-; (---
The said Assistant ~1IlV~es\Me~~by certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-U~Maid Company, and is now in force.
IN WITNESS WHEREOF, 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 19th day of
September, AD. 2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
,L.
'" /2 "
p, I ~4-f--
,/[j/
Eric D. Barnes
By:
Assistant Secretary William J. Mills
Vice President
State of Maryland }ss:
City of Baltimore
On this 19th 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 sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
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.
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~D~d
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA-F 079-0014
" ~ ~
.,
,
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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
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
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
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MAR YLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further 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.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
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 hereunto subscribed my name and affixed the corporate seal of the said Company,
this
?4th
day of
MAy
2006
J
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/-),//;.~I
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Assiswnf Secrefwy
IOH
....
State of Illinois
County of Madison
On this 24th of May, 2006, before me, a Notary Public within and for the above
mentioned county, personally appeared Charles R. McQuiggan, to me personally known,
whom being by me duly sworn he is an Attornev-In-Fact of:
AMCO Insurance Company
American Safety Casualty Insurance Company
BancInsure, Incorporated
Bond Safeguard Insurance Company
Connecticut Surety Company
Contractors Bonding and Insurance Company
Cumberland Casualty and Surety Company
Fidelity and Deposit Company of Maryland
First Sealord Surety, Inc.
Lexon Insurance Company
Nationwide Mutual Insurance Company
Nova Casualty Company
Old Republic Surety Company
Platte River Insurance Company
St. Paul Fire and Marine Insurance Company
The Ohio Casualty Insurance Company
Travelers Casualty and Surety Company of America
Underwriters Insurance Company
United States Fidelity and Guaranty Company
West American Insurance Company
Western Surety Company
the corporation named in the foregoing instrument, and that the seal affixed to the said instrument
is the corporate seal of the said corporation, and that the said instrument was signed and sealed
on behalf of the said corporation by authority of its Board of Directors, and the said
Charles R. McQuiggan, acknowledged the said instrument to be the free act and deed of the
said corporation.
By: Holly 'Vanessa Tohnson
Holly Vanessa Johnson, Notary Public
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EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility .
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
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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
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the insurance company will accept service of process in Collier
County, Florida and that the exclusive venue for any action concerning any matter
under those policies shall be in the appropriate state court situated in Collier County,
Florida.
GC-CA-B-2
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WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes _ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
[2J Applicable 0 Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
[2J Applicable 0 Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
GC-CA-B-3
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
lOH
'"
+,.
>,
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$ 500,000
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
\3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
~ Applicable DNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
,-and entities who are beneficiaries of such insurance, until final payment has been made or until no
erson or entity other than the Owner has an insurable interest in the property required to be covered,
GC-CA-B-4
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whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? lL Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
.. 1L- Bodily Injury & Property Damage - $1,000,000
GC-CA-B-5
IOH
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
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EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
perfonnance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthlylfinal} Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
FROM: Collier County Government Project
Construction Agreement Dated: Bid No. :
TO:
Name:
Change Order No.:
Date:
Change Order Description
Original Agreement Amount ........ .......................................... ........ $
Sum of previous Change Orders Amount ...................................... $
This Change Order Amount............................... ........... ................. $
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and
will be performed subject to all the same terms and conditions as contained in the Agreement, as if
the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to,
the change set forth herein, including claims for impact and delay costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund
Numbe~ )
Date:
Cost Center:
Object Code:
Project
GC-CA-E-3
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EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F-2
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable. indicate by N/A. If NO is checked for any of the above, attach explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
TPA#1953633.11
GC-CA-H-1
EXHIBIT H
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GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the natu re and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
TPA#1953633.11 GC-CA-H-2
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roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
TP A#1953633.11
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,."'oiJ)f
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, WORK HOURS. Dredging activity may be conducted Monday through Saturday
from a half hour after sunrise to a half hour before sunset. Should the Contractor elect to work
on Sundays or holidays, advance written notice of this intent shall be given to the County for
approval ten (10) days business days prior, specifying both the dates and hours to be worked No
work shall be performed outside the specified hours without the prior approval of the
Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
TPA#1953633.11 GC-CA-H-4
ION
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
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The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
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finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7 . SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
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royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
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8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located ~m the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these liAs-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
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work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided. however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
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authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
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ION
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
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including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
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Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
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then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
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Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
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promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
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22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
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23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
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remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
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25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
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structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractors duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
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28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
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All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
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natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
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33,5 Each Subcontractor performing work allhe Project Site must a!re9 to~rovide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
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34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
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Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. DESCRIPTION OF PROJECT: The intent and purpose of this Project is to
provide dredging and disposal of 21 ,585 linear feet of waterway in accordance
with the approved Plans and Specifications and all requirements of the Contract
Documents. The work shall include furnishing all of the required permits,
materials, equipment, machinery, tools, apparatus, means of transportation, and
labor necessary to complete the dredging and disposal of a total of approximately
42,664 cubic yards from Haldeman Creek (Reaches 1 though 5) with spoil
disposal/dewatering at an upland site (Lakeview Drive Disposal Site) located
adjacent to the Project area, and final disposal to the Naples Landfill, 1722
Tamiami Trial East, Naples, Florida 34112 and/or Lakeview Drive Disposal Site.
The County reserves the right to select all or a combination of Project Reaches to
be completed under this Contract. This work also includes but not limited to spoil
disposal site management and operation, spoil transportation, final grading,
pollution controls, and permit compliance as required to meet the intent of the
Plans and Specifications.
The Work includes the mechanical and/or hydraulic removal of sediment as
shown on the Plans and Specifications, the dredge pumping and construction of
necessary retention ponds/dewatering basins and/or return water control
structures, the loading into Contractor provided sealed trucks, the transportation
and disposal of the dredge sediment at the Naples Landfill facility, 1722 Tamiami
Trial East, Naples, Florida 34112 and/or Lakeview Drive Disposal Site, all
erosion and turbidity control and final site cleanup (including any temporary spoil
containment facility) and restoration of any work area utilized in performance of
the Work.
2. LOCATION: The Project area is located in/and along Haldeman Creek and
approximately 1 mile north of Naples Bay in Collier County, Florida. This
location, in general, is shown on NOAA Chart No. 11430.
3. COMMENCEMENT. PERFORMANCE, AND COMPLETION OF WORK: The
Contractor shall be required to (1) commence Work under this contract, (2)
perform the Work diligently, and (3) complete the entire Work ready for use not
later than the time specified in the Contract Documents after Contract award and
receipt of Notice to Proceed. Contractor shall not interrupt Work once dredging
of the Project waterway has begun and shall not demobilize forces if the Work is
not completed without the specific written consent of the County.
4. PAYMENT TYPE AND RESPONSIBILITIES: The Work to be performed under
this Contract will be paid for on a lump sum basis as outlined in the Construction
Contract. The Bid Price shown on the Bid Form is the total amount to be paid by
the County unless modified by appropriate Change Order and is to establish the
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total payment to Contractor for completion of the Work in its entirety. It is the
Contractor's responsibility to have determined to its satisfaction, prior to the
submission of its Bid Price, the nature and conformation of the Work area and
surroundings, the types and quantities of sediment to be excavated, the
character of equipment and facilities needed preliminary to and during the
execution of the Work, the general and local conditions, and all other matters
which can in any way affect the Work so that the prices bid for the Work reflect all
costs pertaining to completion of such Work.
5. RESIDENT NOTIFICATION: The Contractor will provide notification to all
residents affected by or adjacent to the Project. The notification will be delivered
at the direction of the County. Notices shall be hand-delivered (i.e. door to door).
This is to include any neighborhoods impacted by transportation of dredge
sediment to the Landfill facility.
6. PRECONSTRUCTION CONFERENCE: The County will arrange a
Preconstruction Conference after award of Contract and prior to commencement
of Work. The County will notify the Contractor of the time and date set for the
meeting. At this conference, the Contractor shall be oriented with respect to
procedures and lines of authority, contractual, administrative, and construction
matters. The Contractor shall bring to the meeting the required construction
schedule.
7. CONTRACTOR SUPERINTENDENCE: Contractor shall designate in writing
prior to the Preconstruction Conference Contractor's Superintendent, who shall
have full authority to execute County's orders or directions pertaining to
performance of the Work. The designated superintendent will be either at the
work site or within the County at all times from the start of the project until its
completion. Such Superintendent shall attend the Preconstruction Conference.
8. NOTICE OF PROCEED WITH CONSTRUCTION WORK: Contractor shall give
the County ten (10) business days advance written notice of the date to
commence site construction Work under this Contract in order that required
County actions may be started sufficiently in advance of the Contractor's
operations.
9. WORK HOURS. Dredging activity may be conducted Monday through Saturday
from a half hour after sunrise to a half hour before sunset. Should the Contractor
elect to work on Sundays or holidays, advance written notice of this intent shall
be given to the County for approval ten (10) days business days prior, specifying
both the dates and hours to be worked. No night work shall be permitted under
this Contract unless specifically approved by the County.
10.REPORTING REQUIREMENTS: The Contractor will be required to prepare
and submit a weekly report of operations. These Contractor reports shall be
prepared for all dredging work activities (as appropriate). All reports must be
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submitted on a weekly basis to the County. In addition to the weekly dredging
reports, the Contractor shall prepare a monthly report of operations for each
month or partial month's work. The monthly report is to be submitted to the
County on or before the seventh (7th,) of each month, consolidating the previous
month's work. Upon completion of the Contract, the Contractor shall submit a
consolidated job report, combining the monthly reports.
11. PROGRESS MEETINGS: On days as mutually agreed upon in the
Preconstruction Conference, weekly progress meetings shall be held on-site or
at the County's designated office or Contractor's Project office to review the
progress of the Work and any required submittals.
12.SUBSURFACE INVESTIGATION AND OVERHEAD STRUCTURES: The
Contractor shall make an assessment of submerged, surface and overhead
structures and other locations necessary for the safe performance of the Work..
The exact location, depths and height of cables, pipes, lines, bridges, etc. (as
applicable), are not known and it will be the responsibility of the Contractor to
ascertain interference problems.
13. COOPERATION WITH UTILITIES: The Project scope includes any necessary
coordination with activities of the electric power utility, telephone utility, cable
provider, and other utility franchises. The Contractor shall be responsible for
coordination with the appropriate utility companies, cable provider, or utility
franchise for utility adjustments required during performance of the Work. No
special investigations of underground utility locations have been made by County
to ascertain the actual location of utilities on the Work site. The Contractor shall
contact gas, electric power, water, telephone, cable, or other utility companies
before beginning work to determine the exact location and provide for the
protection of all utilities that may be within the work limits. The Contractor must
take every precaution to ascertain the location of utility installations before
excavation or other operations that may endanger personnel or damage facilities.
Attention is called to the Florida Underground Facility Damage Prevention and
Safety Act defined in Florida Statute 556 (see Section XII). This act provides for
a "one-call toll-free" telephone number to be used by all parties doing excavation,
demolition, or other underground construction. The Contractor shall provide
pertinent information by telephone during business hours not less than two nor
more than five business days before beginning any work as provided in this act.
Telephone the Sunshine State One-Call Center at 1-800-432-4770. The
Contractor shall cooperate with agents, employees, or owners of any
underground or overhead utilities during their maintenance, repair, construction,
or relocation operations, so these utilities may function in a reasonable manner
and that services will not be unnecessarily interrupted.
14. WEATHER CONDITIONS: The site of the Work is exposed to severe weather
disturbances in Collier County, which may cause suspension of the Work for
unspecified periods of time. Any suspension of Work will be coordinated
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through the County, and the Contractor will provide the County a written
request indicating the severe weather and time required. Collier County is
subject to occasional severe weather conditions in the form or hurricanes
and/or tropical storms. Generally the site of the Work does not provide safe
refuge from severe weather. Should severe weather occur during the course of
the Work, it will be the responsibility of the Contractor to select a safe harbor.
The Contractor should investigate all the Project area and determine the
requirements of the Work. The working season extends over the entire year
unless specifically specified in the Project permits. It is Contractor's
responsibility to be familiar with potential weather conditions which may have
an impact on the performance of the Work and normal weather patterns should
be accounted for in Contractor's schedule.
15. SUBMISSION OF CONSTRUCTION SCHEDULE: At the Preconstruction
Conference Contractor shall submit to the County a work progress schedule for
the Project. Such schedule shall show the various items of Work in sufficient
detail to demonstrate a reasonable and workable plan to complete the Project
within the Contract Time, show the order and interdependence of activities and
the sequence for accomplishing the Work. The schedule shall describe all
activities in sufficient detail so that the County can readily identify the Work and
measure the progress on each activity. Contractor shall show each activity with
a beginning date and activity duration In a project with more than one phase,
adequately identify each phase and its completion date, and do not allow
activities to span more than one phase. Contractor shall conduct sufficient liaison
and provide sufficient information to indicate coordination activities with utilities
owners that have facilities within the limits of construction have been resolved.
Incorporate in the schedule any utility adjustment schedules included in the
Contract Documents unless the utility company and the County mutually agree to
changes to the utility schedules shown in the Contract. The County will return
inadequate schedules to the contractor for corrections. Resubmit a corrected
schedule within fifteen (15) calendar days from the date of the County's return
transmittal. When approved, the County will use this original schedule as a
baseline against which to measure progress. Contractor shall also submit an
updated schedule, showing the actual progress vs. the baseline at each payment
request. If the County requires revisions to the working schedule, furnish revised
charts and analyses within twenty-one (21) calendar days after the County
provides such notification. If the Contractor fails to finalize either the initial or a
revised schedule in the time specified, the County may withhold all contract
payments until the County approves the schedule.
16. PRIVATE PROPERTY: Contractor shall not occupy private land outside of any
easements or rights of way unless a written authorization has been signed by the
property owner and provided to the County. It shall be the Contractor's
responsibility to provide these agreements prior to construction, if required. Prior
to the use of private lands, the Contractor shall submit a copy of the
agreement(s) to the County. In the event that the Contractor uses private
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property for any purpose without first having the necessary approvals from the
property owner or provided the necessary agreement to the County, the County
will direct the Contractor to immediately cease using such property. Prior to
application for final payment, the Contractor shall provide documentation from
the owner of each piece of private property for which an agreement for use was
provided, or for which the County has issued written notification to the
Contractor, that each owner is satisfied with the manner in which the Contractor
has restored the property. Final payment of or reduction in retainage shall not be
paid until such documentation is received by the County.
17 . LAYOUT: The County shall arrange to provide the Contractor with bench marks
or other suitable control points at appropriate intervals and near the edge of
water along the line of the Project. Bench marks and control points will be
referenced to NGVD (National Geodetic Vertical Datum 1929). County shall be
providing the adjustment factor needed to convert measurements during the work
to equivalent readings relative to Mean Low Water (MLW). The County will
provide the Contractor with a "stake out" of the Project limits prior to
commencement of the Work. The Contractor will be required to maintain the
system of stakes within the Project vicinity as well as any construction layout
benchmarks and baselines for the duration of the Project.
18.EQUIPMENT TRANSPORTATION: It is the responsibility of the Contractor to
provide for all equipment ingress and egress to and from the Project work
areas. The Contractor shall make an investigation of water access routes and
the roads for transportation, load limits for bridges and roads, and other road
conditions affecting the transportation of materials and equipment to the Work
sites. The Contractor shall also investigate the availability of any staging,
storage, and stock piling areas and shall make all arrangements for use of any
such areas for the delivery of any materials and equipment to be used in
completing the Work. .
19. CHANNEL TRAFFIC: The traffic using the Project area is generally recreation
vessels. Depending on the type and size of equipment used by the Contractor,
there mayor may not be ample room in the areas to be dredged to
accommodate traffic without some interference with the dredging operations. The
Contractor should investigate this situation and, coupled with the choice of
equipment, determine what impact these conditions will have on the dredging
operation.
20. OBSTRUCTIONS TO THE CHANNEL: The Contractor will be required to
conduct the Work in such manner as to obstruct navigation as little as possible
during normal working hours, and in the event the Contractor's equipment
obstructs the channel as to make difficult or endanger the safe passage of
vessels, Contractor shall make reasonable efforts to afford a practicable and safe
passage. Upon the completion of the Work the Contractor shall promptly remove
the dredge equipment, pipelines, etc. including buoys and other markers to allow
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safe passage. In addition, the Contractor will not obstruct navigation during non
working periods, weekends, and any suspension of Work that occurs for the
duration of the Project. The Contractor will also be required to remove
obstructions to navigation during the evening after normal working hours and will
maintain close communication with the County as to traffic conditions and to any
problems that arise.
21. TIME EXTENSIONS: Notwithstanding any other provisions of this Contract, it is
mutually understood that the time extensions for changes in the Work will depend
upon the extent, if any, by which the changes cause delay in the completion of
the various elements of construction. The Change Order granting the time
extension may provide that the Contract Time will be extended only for those
specific elements so delayed. The remaining contract completion dates for all
other portions of the Work will not be altered and may further provide for an
equitable readjustment of liquidated damages under the new completion
schedule.
22. QUALITY CONTROL: The Contractor shall establish and maintain appropriate
quality control for the Work. The Contractor shall record any problems in
complying with laws, regulations and ordinances, and corrective action taken.
Any problems with the Work shall be reported to the County immediately. The
Contractor shall notify the County, in writing, of the absence or occurrence of
incidents. Contractor shall not deviate from the approved Project permits, Plans
and Specifications without specific authorization from the FDEP, ACOE and
County. In the event that Contractor determines that modifications are required,
the Contractor shall prepare a written request to the County including an
explanation and justification. Such requests shall be submitted to the County for
consideration.
23. SUBCONTRACTORS: Assurance of compliance with the conditions of the
Contract Documents and Project permits by Subcontractors shall be the
responsibility of the Contractor.
24. NONCOMPLIANCE NOTIFICATION: The County will notify the Contractor in
writing of any observed noncompliance with Federal, State, or local laws,
regulations, or Project permits. The Contractor shall, after receipt of such Notice,
inform the County of proposed corrective action and take such action following
County approval. If the Contractor fails to comply promptly, the County may issue
an order stopping all or part of the Work until satisfactory corrective action has
been taken. No time extensions shall be granted or costs or damages allowed to
the Contractor for any such suspension.
25. PROTECTION OF ENVIRONMENTAL RESOURCES: The Contractor shall
comply with all applicable federal, state, or local environmental laws and
regulations. The environmental resources within the Project boundaries (not
impacted by permit) and those outside the limits of Work under this Contract shall
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be protected during the entire period of the Word. The Contractor shall confine
activities to areas defined by the Plans and Specifications.
26. EROSION CONTROL: Contractor shall implement and maintain those measures
necessary to prevent, control and abate any erosion of the ground surface or
shoreline banks caused by the Work. The use of best management practices
such as straw bales, erosion screens and turbidity screens shall be used for this
portion of the Work. The Contractor shall construct or install temporary and
permanent erosion and sedimentation control features as required. Erosion and
sediment control measures such as berms, dikes, drains, sediment traps,
sedimentation basins, grassing, mulching, straw bales, and silt fences shall be
maintained until completion of the Work.
27 . PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE
VEGETATION DAMAGES: The Contractor shall restore all landscape features
and marine vegetation damaged or destroyed during Work operations. This work
shall be accomplished at the Contractor's expense.
28. CONSTRUCTION CLEANUP: The Contractor shall clean up and restore any
area(s) used for performance of the W~rk. This will include but not be limited to
the regrading and seeding of the dewatering area.
29. EXAMINATION AND ACCEPTANCE OF DREDGING WORK: Within ten (10)
business days of the completion of the post-dredge survey the County will
thoroughly examine the dredging portion of the Work for determination of
acceptability of performance. Should any shoals, lumps, or other lack of Contract
required dredging depth, width, or slope (i.e. lack of acceptable Contract
performance) be disclosed by this examination, the Contractor will be required to
comply with the Contract by dredging the affected surface until the condition is
corrected. If re-dredging is required to correct the unacceptable Work, the
dredging will NOT be paid for above the maximum payment set forth in the
Contract. Final acceptance of a corrected work area shall not change the time of
payment, work schedule, retained percentages of the whole or any part of the
Work.
30. PRE -INSPECTION: Near completion of the Project the County and Contractor
will conduct a Pre-Final Inspection. In addition to the completion of post-dredge
survey, the County will inspect for demobilization and clean-up of temporary
staging and disposal areas. The County will perform the Pre-Final Inspection to
verify Work is complete and ready for Final Acceptance. The County Pre-Final
Inspection may result in additional Work to be done. The Contractor shall ensure
items are corrected before notifying the County so that a Final Inspection can be
scheduled. Any items noted on the Pre-Final Inspection shall be corrected in a
timely manner. Pre-Final Inspection and deficiency corrections shall be
accomplished within the Project completion period.
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31. FINAL INSPECTION: Final'nspection will be scheduled by the County based
upon the results of Pre-Final Inspection. The Contractor shall notify the County
when ready for the Final Inspection and the County will schedule the inspection
to be performed within ten (10) business days. The Contractor will be responsible
for assuring that Work will be complete and acceptable by the final inspection
date. Contractor's failure to have the Work completed by this inspection will be
cause for the County to bill the Contractor for the County's additional inspection
costs and possible liquidated damages.
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EXHIBIT J
TECHNICAL SPECIFICATIONS
1. GENERAL: The intent and purpose of this Project is to provide dredging and
disposal of 21 ,585 linear feet of waterway in accordance with the approved Plans
and Specifications and all requirements of the Contract Documents. The work
shall include furnishing all of the required permits, materials, equipment,
machinery, tools, apparatus, means of transportation, and labor necessary to
complete the dredging and disposal of a total of approximately 42,664 cubic
yards from Haldeman Creek (Reaches 1 though 5) with spoil disposal/dewatering
at an upland site (Lakeview Drive Disposal Site) located adjacent to the Project
area, and final disposal to the Naples Landfill, 1722 Tamiami Trial East, Naples,
Florida 34112 and/or Lakeview Drive Disposal Site. The County reserves the
right to select all or a combination of Project Reaches to be completed under this
Contract. This work also includes but not limited to spoil disposal site
management and operation, spoil transportation, final grading, pollution controls,
and permit compliance as required to meet the intent of the Plans and
Specifications.
The mean tidal range for the Project area is approximately 2.61 feet National
Geodetic Vertical Datum (NGVD) with Mean Low Water (MLW) at 0.55 ft. NGVD,
base on tidal datum No. 872 5110 for Naples Bay. The Work includes the
mechanical and/or hydraulic removal of sediment as shown on the Plans and
Specifications, the dredge pumping and construction of necessary retention
ponds/dewatering basins and/or return water control structures, the loading into
Contractor provided sealed trucks, the transportation and disposal of the dredge
sediment at the Naples Landfill facility, 1722 Tamiami Trial East, Naples, Florida
34112 and/or Lakeview Drive Disposal Site, all erosion and turbidity control and
final site cleanup (including any temporary spoil containment facility) and
restoration of any work area utilized in performance of the Work.
2. PERMITS AND RESPONSIBILITIES: The County has obtained the following
permits related to the construction of this project: Collier County Site Permits No.
SIP-2004-AR-6189 and ST-6229. State of Florida Department of Environmental
Protection (FDEP) Environmental Resource Permit No. 11-0217156-001 and
United States Army Corps of Engineers (USACE) Permit NO.SAJ-2003-6964 (IP-
RMT). The Contractor shall be responsible to be in compliance with all
requirements, conditions and restrictions within the Project permits. The
Contractor shall be required to comply with any environmental laws and
regulations that are applicable to the Project. It is the Contractor's responsibility
to identify and become familiar with such environmental laws and regulations.
Project permits can be found in Exhibit K.
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3. MOBILIZATION/DEMOBILIZATION: Contractor is responsible for the
preparation of dredge operations in mobilizing equipment and labor from the
beginning to the end of Work. The Work will include, but is not be limited to,
those operations necessary for the movement of personnel, equipment, supplies
and incidentals to and from the Project site, and for the establishment of
temporary offices, buildings, safety equipment and first aid supplies, sanitary and
other facilities. The cost of bonds and insurance, and any other preconstruction
expense necessary for the start of the Work, including the cost of construction
materials, final clean-up and demobilization shall be included in the Contract
Price.
4. DREDGE OPERATIONS: Equipment setup shall be performed in a manner that
is approved by all regulatory agencies and the County. All equipment shall be
subject to inspection by the County at all times. Type of equipment and method
of operation is the Contractor's option (unless specifically specified in the Project
permits) with the following exception(s):
a. Sauerman drag type equipment pulled back and forth between a pair of
barges is not acceptable.
b. Loading and unloading must be done in such a way so that no sediment or
other material is lost over the sides of the barge during loading, unloading, or
transit.
c. Under no circumstances will use of explosives or excavation of rock be
permitted.
5. DREDGING: Dredging under this Contract shall include removal, dewatering,
transportation, and disposal of dredged materials described herein and shown on
the Contract Plans and Specifications. This Work is to provide dredging to a
depth and channel bottom width in accordance with the Plans and Specifications.
The Work consists of furnishing all labor, material, equipment, and incidentals
necessary for performing the Work specified by the Contract. All Work shall be in
accordance with the Plans, Specifications and requirements set forth within the
Contract and Project permits. All Work is to be conducted in accordance with all
federal, state and local permits and authorizations issued for this Project.
a. Allowable Overdepth.
To accommodate the imprecision of the dredging process, material actually
removed from within the Project area is limited to a depth of 1 foot below the
required depth for dredging. The Contractor will not exceed 1 foot of
allowable overdepth dredging, as this is the maximum allowed by the state
water quality certification. Side slopes for allowable overdepth shall be
1 V:OH (vertical).
b. Dredge Material Overflow.
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No overflow of dredged slurry from hopper dredges, hydraulic dredges
pumping into dump scows, or mechanical dredges loading into dump scows,
will be allowed. This captured water shall not overflow transport vessel
sidewalls nor shall it be dumped (or pumped) from the vessel except when
placed directly at the authorized disposal area. Mechanical dredge bucket
drippings between the digging point and deposition into dump scows will not
be considered overflow.
c. Excessive Dredging.
Material removed from beyond the dredging limits as specified on the
Contract Plans and Specifications shall be considered excessive dredging
for which payment will NOT be made. The Contractor shall be responsible
for all federal, state, and local regulatory permits, implications, violations
and/or fees as a result of excessive dredging.
d. Misplaced Dredged Materials.
Any dredged materials deposited at locations other than as designated or
approved by the County and/or state and local permits shall be considered
misplaced material and shall NOT be paid for until the Contractor, at their
expense, removes and redeposits such misplaced material to the approved
disposal site. This required removal and redeposit of the misplaced material
and any necessary disposal site restoration work shall not be the basis for a
time extension or additional compensation under this Contract.
e. Disposal of debris and obstructions.
Debris, such as stumps, roots, logs, and any other objects except
archeological or historic resources that are unearthed during the dredging
operations, shall be removed, transported, and disposed of at the Naples
Landfill. If archeological or historic resources are encountered the Contractor
shall notify the County immediately and stop Work until directed to restart.
Removal and disposal of debris and obstructions shall not be provided for
separately for payment. All costs associated with the required disposal of
debris shall be included in the Contract Price for dredging. These
specifications are not an all-inclusive reference of debris types, which may be
encountered during this dredging.
f. Sediment Accumulation
Contractor shall be responsible for the removal of any sediment material that
accumulates in the dredged areas after initial establishment of the initial
channel or canal at no additional cost, and prior to Final Acceptance.
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6. TEMPORARY STAGING AREAS: Contractor is responsible for constructing,
maintaining and restoring any temporary staging and/or disposal area(s) where
dredged material will be staged or dewatered prior to bulk transfer to the Naples
Landfill. Contractor is also responsible for restoring the area. The temporary
staging area(s) may be used with prior written permission of the owner of the
property (public or private). If located on private property, the Contractor shall
indemnify the County of all responsibility for construction, maintenance and
restoration of that site. All private or public sites utilized by Contractor in
performance of the Work shall we restored prior to Final Acceptance and
payment of the final Retention.
The construction, maintenance, and renovation of the temporary staging and
disposal area(s), and the ingress and egress routes are the responsibility of the
Contractor. Such activities shall be performed in the manner agreed upon by the
owner of the property affected, prior to the onset of construction activity.
Contractor is responsible for all permits from federal, state and local regulatory
agencies and authorizations that may be required for any temporary staging
areas.
7. DISPOSAL SITE: The spoil disposal area will be constructed by Contractor and
shall include all work in accordance with the Plans and Specifications. The
Contractor shall provide, install, and construct all spoil disposal site items
including clearing, grubbing, embankment construction, stabilization of the dike
system, fencing and gates outfall structures, interior berms and/or additional
structures as may be required, pipes, floating turbidity barriers, discharge
pipeline, environmental protection measures, dust management, continued
sediment and erosion control, final grading, perimeter security fencing to improve
Contractor's onsite circulation as may be desired by Contractor, and all other
miscellaneous work as required by the Plans and Specifications.
Contractor shall be responsible for operation and maintenance of the disposal
area, including assurance that the outfall structures perform in accordance with
the intent of the Plans and Specifications and conditions of the permits for the
Project. Contractor may propose alternate design(s) for the disposal area, outfall
structures or other equipment, means, or methods for disposal site operation.
Any such alternate equipment means, or methods shall require prior approval by
the Engineer of Record and shall result in conformance with the Plans and
Specifications and Project permits.
Contractor shall follow the shop drawing procedures outlined in the General
Terms and Conditions/Submittals and Substitutions, and related Contract
Document requirements for any proposed or alternate structures, means or
methods proposed, and for any materials and structures to be determined during
the pre-construction meeting.
The disposal site lies on private property and the County has secured permission
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to utilize the site. The County and property owner have entered into an
agreement (dated September 13, 2005) and the Contractor shall be familiar and
adhere to all applicable terms and conditions within said agreement. The
agreement can be found in Exhibit_P.
8. SIGNAGE: Temporary signs concerning manatees shall be posted prior to and
during all construction/dredging activities. A sign measuring at least three feet by
four feet which reads "Caution: Manatee Area" shall be posted in a location
prominently visible to water related construction crews. A second sign shall be
posted if vessels are associated with the construction and shall be placed visible
to the vessel operator. The second sign shall be at least 8 1/2 inches by 11
inches and read:
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
construction area. All equipment must be shutdown if a manatee comes
within 50 feet of the operation. Any collision with and/or iniury to a manatee
shall be reported immediatelv to the FWC Hotline at 1-888-404-FWCC (1-
888-404-3922). The U.S. Fish and Wildlife Service should also be contacted
in Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-772-
562-3909) for South Florida.
Specific information on obtaining these signs may be obtained by contacting the
Department or FFWCC at (850) 922-4330.
A temporary construction information sign shall be posted prior to any
construction activity The sign shall be placed at the entrance of the disposal site
measuring three feet by four feet which reads "Haldeman Creek Restoration
Proiect. sponsored by Collier County Board of County Commissioners.
performed by INSERT CONTRACTOR NAME". The sign shall be visible to the
general public and maintained throughout the duration of the project.
All signs are to be removed by the Contractor upon completion of the project.
9. DISPOSAL: All dredged material shall be transported and disposed of in the
Naples Landfill, 1722 Tamiami Trial East, Naples, Florida 34112 and/or Lakeview
Drive Disposal Site per the agreement conditions in Exhibit P. The Contractor
shall be responsible for all coordination with the Naples Landfill Solid Waste
Department and/or Lakeview Drive of Naples, LLC for this activity.
The County will perform testing on the spoil sediment to determine
concentration of constituents in accordance with applicable criteria for direct
exposure and leachability based on soils and groundwater criteria provided in
Florida Administrative Code Rule 62-777. Based on the results, the Contractor
will be directed to dispose of the sediment at the appropriate location.
The Contractor shall be responsible for understanding all assumptions,
computations, and procedures in compliance with the specified disposal of
dredged material. The Contractor will address all situations regarding disposal
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and be responsible for any required preparation, operation and maintenance
actions involved.
Prior to the Pre-Construction Conference, Contractor shall submit to the County a
dredge spoil transportation plan for the transportation of material to the Naples
Landfill Facility and/or to 1722 Tamiami Trial East, Naples, Florida 34112. Entry
and exit from construction areas shall only be through those points specifically
approved by the County. Other ingress and egress routes may be used with prior
written permission of the property owner and with the prior approval of the
County.
Excavated material shall be hauled in trucks, trailers, or other vehicles, which are
constructed tightly enough to prevent leakage or spillage onto County streets.
Contractor will be responsible for cleaning up such leakage and spillage
immediately. The approved haul route is provided on the Contract Plans and
Specifications, and any deviation from the route shall be approved by the County.
Contractor is responsible for all work, labor, materials, expenses, transportation,
direct or incidental to the completion of the activity. Spoil material delivered to
the Naples Landfill must meet all requirements for use at the facility. The
County will provide the Contractor with results of sediment testing. The
Contractor will be responsible for coordination with the Naples Landfill regarding
the usage, needs and proper disposal location for the dredge material.
10. QUANTITIES: The County has performed a pre-dredge survey and is included in
the Contract Plans and Specifications. This pre-dredge survey was used to
calculate the estimate of quantity of material to be dredged. These quantities are
considered estimates and are not the basis for payment to the Contractor.
Payment for this Work shall NOT be based on the volume of material (cubic
yards) removed from the Work area. The Contractor shall be compensated
solely based on the lump sum bid price. Contractor shall make an assessment
of this and any other relevant information necessary in the judgment of the
Contractor in determining the expected volume to be removed. The County will
also perform a post-dredge survey of the work area for verification and Final
Acceptance.
11. CHARACTER OF MATERIALS: The sediment testing and laboratory data for
the Project are located in Exhibit a. The results represent conditions at the time
of the investigation. Debris may exist within limits of the Work and the
Contractor shall make an interpretation of this information in determining the
character of materials to be dredged. Some large and small debris that are not
indicated in the sediment testing or Contract Plans and Specifications may exist
within the limits of the Work.
All classifications of soils, both visual and laboratory, are in accordance with
the Unified Soils Classification System, compatible with ASTM D-2487 and
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tested for total pollutant metals and the volatile organic compounds following
EPA Method 1312 Initial testing completed on the dredge sediments revealed
elevated levels of Arsenic and Copper. This information is provided by the
County for use by the Contractor, however, Contractor is responsible for
conducting its own assessment and understanding the character and type of
material expected to be encounter during the Work.
12. DREDGING SURVEYS: The County will furnish survey data for the dredge area
prior to any dredging activity. The County will be responsible for pre-stakeout and
post- survey work under this Contract for the terms of acceptance and
completion of Work. Each survey shall have cross-sections every 50 feet, with
cross-sectional elevations every 10 feet or every change in contour. Cross-
sections will be prepared showing dredge surface and design template. The
Contractor will be notified when survey work is to be completed, and will be
permitted to accompany the survey party at any time.
13. CROSS-SECTION: The Contractor shall dredge and excavate the Project area
to a depth and channel bottom width in accordance with the Plans and
Specification. No excavation shall be performed closer than ten (10) feet from
any seawalls, docks, moorings or other structure.
14. ROCK EXCAVATION: For purposes of this Contract, "rock" applies to any
naturally occurring bed of hard cemented material, which cannot be excavated
with the equipment used for dredging bottom sand and silt under this Contract. It
is defined as material that is so hard or tightly cemented that a drop punch or
other mechanical means is necessary to break up the material prior to it being
removed by the dredging equipment. The intent of this Contract is "maintenance
dredging." Should rock be encountered, the County may direct the Contractor to
allow the material to remain or to excavate to a lesser width or depth, thus
minimizing the removal of rock material. The contractor will be responsible for
notifying the County or its representative within 24 hours if rock material is
encountered that prevents the contractor from obtaining the dredged template as
specified in the plans and specifications. The primary consideration in such
cases will be the effect on navigation. Any rock excavation work must have
County approval to proceed, at an agreed upon price and at the issuance of a
change order.
15. NAVIGATION AIDS: If necessary, navigation aids located within or near the
areas required to be dredged will be removed and replaced by the US Coast
Guard (USCG) in advance of dredging operations. The Contractor shall be
responsible for notifying the USCG in a timely manner to support Contractor's
schedule and shall coordinate with the USCG for the completion of this activity.
16. NAVIGATION MARKERS: The Contractor shall furnish all labor, materials, and
equipment, and perform all activities required to install fourteen new navigation
TPA#1953633.11
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markers as shown in the Plans and Specifications. Navigation markers shall be
installed following all dredge activity.
17. TURBIDITY CONTROL The Contractor shall furnish all labor, materials, and
equipment, and perform all activities required to maintain turbidity control.
Turbidity control shall be used as required by the Project permits. Turbidity
control devices will be maintained and remain in place for the duration of the
Work. The Contractor will be responsible for ensuring that turbidity control
devices are inspected daily and maintained in good working order so that there
are no violations.
18. TURBIDITY: The County shall furnish all labor, materials, and equipment, and
perform all activities required to obtain, analyze, and report the results of turbidity
monitoring. Monitoring of turbidity will be conducted using a device (turbidity
meter) that meets the required specifications for conducting such tests as
provided in the Project permits. The County shall hold a copy of the operating
instructions and standards used in calibrating equipment used in collecting
samples for turbidity.
19. TURBIDITY MONITORING REQUIREMENTS: Sampling shall be conducted by
the County in accordance with techniques and procedures described in the
FDEP Environmental Resource Permit No. 11-0217156-001 for this project.
Samples obtained for turbidity analysis shall be analyzed within 30 minutes of
collection. Samples shall be taken with a sampler obtaining samples
uncontaminated by water from any other depth.
20. TURBIDITY TESTS: The County shall hold a certification, attesting to the
accuracy of testing equipment and procedures. The County shall keep during the
Project work a duplicate of the standard used to calibrate the testing instrument
as well as a complete set of operating instructions for the turbidity testing
equipment. The County will use this standard throughout the project to maintain
the calibration of the equipment. If at anytime during the construction activity
turbidity levels violate the permit conditions (exceed the allowable turbidity levels)
the Contractor will cease dredging immediately or other operation responsible for
creating the high turbidity levels until such time corrective measures have been
taken and turbidity has returned to acceptable levels.
TPA#1953633.11
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EXHIBIT K
PERMITS
TPA#1953633.11
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EXHIBIT L
STANDARD DEl AILS
TPA#1953633.11
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EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
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Agreement for Haldeman Creek Disposal
TPA#1953633.11
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Sediment Laboratory Results
TPA#1953633.11
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Department of
Environmental Protection
Jeb Bush
Governor
South District
P.O. Box 2549
fort Myers. Florida 33902-2549
Colleen M. Castille
Secretary
SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM
CONSOLIDA TED ENVIRONMENTAL RESOURCE PERMIT
AND SOVEREIGN SUBMERGED LANDS AUTHORIZATION
PERMITTEE/AUTHORIZED ENTITY:
Collier County Board of
County Commissioners
clo Mr. Jeffrey Tabar, P.E.
PBS&J
5300 West Cypress St.
Tampa Florida 33607-1768
Permit! Authori zati on Number:
11-0217156-001
Date of Issue: February 1, 2006
Expiration Date of Construction Pha&e:
February 1,2011
County: Collier
Project: dredging a navigation channel
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CERTIFIED MAIL NO. 7005 03900005 85394314
RETURN REQUEST RECEIPT
This permit is issued under the authority of Part IV of Chapter 373, Florida Statutes
(F.S.), and Title 62, Florida Administrative Code (F.A.C). The activity is not exempt from the
requirement to obtain an Environmental Resource Permit. Pursuant to Operating Agreement:;
executed between the Department and the water management districts, as referenced in Chapter
62-113, F.A.C, the Department is responsible for reviewing and taking final agency action on
this activity.
This permit also constitutes certification compliance with water quality standards under
Section 401 of the Clean Water Act, 33 U.S.C 1341.
Where applicable (such as activities in coastal counties), issuance of the environmental
resource permit also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Management Act.
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This activity also requires a proprietary authorization, as a portion of the activity is
located on sovereign submerged lands owned by the Board of Trustees of the Internal
Improvement Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and
Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a
Printed On reqcled paper.
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Pennittee: Collier County BOCC
PernUt No. 11-0217156-001
Page 2 of 15
proprietary authorization. The Department has the responsibility to review and take final action
on this request for proprietary authorization in accordance with Section 18-21.0051, F.A.C., and
the Operating Agreements executed between the Department and the water management
districts, as referenced in Chapter 62-113, F.A.C. In addition to the above, this proprietary
authorization has been reviewed in accordance with Chapter 253, F.S., Chapter 18-21, Section
62-343.075, F.A.C.
In addition to the above, a portion of your project occurs on sovereignty, submerged
lands and, therefore, will require authorization from the Board of Trustees for the use of those
lands, pursuant to Chapter 253.77, Florida Statutes (F.S.).
As staff to the Board of Trustees, the Department has reviewed the activity described
below, and has determined that the activity requires the following authorization:
1. A letter of consent is required for the dredging of approximately 12,494 cubic yards of
sovereignty submerged lands for a navigational access channel pursuant to Section
253.77, F.S. This permit shall constitute authorization to perform the requested dredging
activities. This consent is conditioned upon acceptance of and compliance with the
specific conditions contained in this permit and the attached General Conditions for
Authorizations.
A copy of this authorization also has been sent to the U.S. Army Corps of Engineers
(USACOE) for review. The USACOE may require a separate permit. Failure to obtain this
authorization prior to construction could subject you to enforcement action by the USACOE.
You are hereby advised that authorizations also may be required by other federal, state and local
entities. This authorization does not relieve you from the requirements to obtain all other
required permits and authorizations.
The above named Permittee is hereby authorized to construct the work shown on the
application and approved drawing(s), plans, and other document') attached hereto or on file with
the Department and made a part hereof. This permit and authorization to use sovereign
submerged lands is subject to the limits, conditions, and locations of work shown in the
attached drawings, and is also subject to the attached 1 - 18 General and 1- 29 Specific
Conditions, which are a binding apart of this permit and authorization. You are advised to
read and understand these drawings and conditions prior to commencing the authorized
activities, and to ensure the work is conducted n conformance with all the terms, conditions, and
drawings. If you are utilizing a contractor, the contractor also should read and understand these
drawings and conditions prior to commencing the authorized activities_ Failure to comply with
all drawings and conditions shall constitute grounds for revocation of the permit and appropriate
enforcement action.
Operation of the facility is not authorized except when determined to be in conformance
with all applicable rules and with the general and specific conditions of this
permit/certification/authorization, as specifically described below.
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Permittee: CoWer County BOCC
Permit No. 11-0217156-001
Page 3 of 15
ACTIVITY DESCRIPI'ION:
The activity consists of the following:
(1) dredging of 42,664 cubic yards of material from an approximate 23.8-acre area of
sovereignty submerged lands to a maximum depth of -5 feet mean low water west of Bayshore
Road and in the man-made canals, and transitionng from -2 feet mean low water to -5 feet mean
low water east of Bayshore Road. The creeklbay dredging will have a bottom width of 20 feet
for the first 300 feet west of U.S. 41 and 40 feet for the remainder of the project. The canal
dredging will have a bottom width of 20 feet; and (2) installation of 12 aids to navigation
(channel markers);
ACTIVITY LOCATION:
Located in Sections 11, 12, 13 and 14, Township 50 South, Range 25 East, Collier County, in
Haldeman Creek and Naples Bay, Class II Waters, not approved for shellfish harvesting, and in
ten man-made canals connected to Haldeman Creek, Class III Waters.
GENERAL CONDITIONS:
1. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of
this permit and a violation of Part Four of Chapter 373, Florida Statutes (F.S.).
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shaH be kept at the work site of the permitted activity. The complete permit shall
be available for review at the work site upon request by the Department staff. The Permittee
shall require the contractor to review the complete penmt prior to commencement of the activity
authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not
cause violations of state water quality standards. The Permittee shall implement best
management practices for erosion and pollution control to prevent violations of state water
quality standards. Temporary erosion control shall be implemented prior to and during
construction, and permanent control measures shall be completed within seven (7) days of any
construction activity. Turbidity barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the receiving waterbody exists due to the
permitted work. Turbidity barriers shall remain in place at all locations until construction is
completed and soils are stabilized and vegetation has been established. All practices shall be in
accordance with the guidelines and specifications described in Chapter Six of the Florida Land
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 4 of 15
Development Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is
approved as part of the permit. Thereafter the Permittee shall be responsible for the removal of
the barriers. The Permittee shaH correct any erosion or shoaling that causes adverse impacts to
the water resources.
4. The Permittee shall notify the Department of the anticipated construction start date
within thirty (30) days of the date that this permit is issued. At least forty-eight (48) hours
prior to commencement of the activity authorized by this permit, the Permittee shall submit to
the Department at the Florida Department of Environmental Protection at P.O. Box 2549, Fort
Myers Florida 33902-2549, an "Environmental Resource Permit Construction Commencement"
notice (Form No. 62-343.900(3), Florida Administrative Code (F.A.C.)) indicating the actual
start date and expected completion date.
5. When the duration of construction will exceed one year, the Pennittee shall submit
construction status reports to the Department on an annual basis utilizing an "Annual Status
Report Form" (Form No. 62-343.900(4), F.A.C.). Status Report Forms shall be submitted the
following June of each year.
6. Within thirty (30) days after completion of construction of the permitted activity,
the Permittee shall submit a written statement of completion and certification by a registered
professional engineer or other appropriate individual as authorized by law utilizing the supplied
"Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No.
62-343.900(5), F.A.C.). The Statement of completion and certification shall be based on on-site
observation of construction or review of as-built drawings for the purpose of determining if the
work was completed in compliance with permitted plans and specifications. This submittal shall
serve to notify the Department that the system is ready for inspection. Additionally, if deviations
from the approved drawings are discovered during the certification process, the certification
must be accompanied by a copy of the approved permit drawings with deviations note. Both the
original and revised specifications must be clearly shown. The plans must be clearly labeled as
"as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a
registered surveyor.
7. The operation phase of this permit shall not become effective: until the Permittee has
complied with the requirements of condition number six (6) above, has submitted a "Request
for Transfer of Environmental Resource Permit Construction Phase to Operation Phasen
(Form 62-343.900(7), F.A.C.); the Department determines the system to be in compliance with
the permitted plans and specifications; and the entity approved by the Department in accordance
with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications Within the South Florida Water Management District--August 1995, accepts
responsibility for operation and maintenance of the system. The permit shall not be transferred
to such approved operation and maintenance entity until the operation phase of the permit
becomes effective. Following inspection and approval of the permitted system by the
Department, the Permittee shall initiate transfer of permit to the approved responsible operation
IOH
Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 5 of 15
entity if different from the Permittee. Until the permit is transferred pursuant to Section 62-
343.1 10 (l)(d), F.A.C., the Permittee shaH be liable for compliance with the tenus of the permit.
8. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the permitted
use of site infrastructure located within the area served by that portion or phase of the system.
Each phase or independent portion of the system must by completed in accordance with the
permitted plans and permit conditions prior to transfer of responsibility for opemtion and
maintenance of the phase or portion of the system to a local government or other responsible
entity.
9. For those systems that will be operated or maintained by an entity that will require an
easement or deed restriction in order to enable that entity to operate or maintain the system in
conformance with this permit, such easement or deed restriction must be recorded in the public
records and submitted to the Department along with any other final operation and maintenance
documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource
Permit Applications Within the South Florida Water Management District--August 1995, prior to
lot or unit sales, whichever occurs first. Other documents concerning the establishment and
authority of the operation entity must be filed with the Secretary of State where appropriate. For
those systems which are proposed to be maintained by the county or municipal entities, final
operation and maintenance documents must be received by the Department when maintenance
and operation of the system is accepted by the local government entity. Failure to submit the
appropriate final documents wilJ result in the Permittee remaining liable for carrying out
maintenance and operation of the permitted system and any other permit conditions.
to. Should any other regulatory agency require changes to the permitted system, the
Permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.
II. This permit does not eliminate the necessity to obtain any required federal, state,
local and speciaJ district authorizations prior to the start of any activity approved by this permit.
This permit does not convey to the Permittee or create in the Permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property which
is not owned or controlled by the Permittee, or convey any rights or privileges other than those
specified in the permit and Chapter 4OE-4 or Chapter 40E-40, F.A.C.
12. The Permittee is advised that the rules of the South Florida Water Management
District require the Permittee to obtain a water use permit from the South Florida Water
Management District prior to construction dewatering, unless the work qualifies for a general
permit pursuant to subsection 40E-20.302(4), F.A.C., also know as the "No Notice" rule.
13. The Permittee shall hold and save the Department harmless from any and all
damages, claims, or liabilities which may arise by reason of the construction, alteration,
operation, maintenance, removal, abandonment or use of any system authorized by this permit.
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Permittee: Collier County BOCC
Permi t No. 11-0217156-001
Page 6 of 15
14. Any delineation of the extent of a wetland or other surface water submitted as part of
the permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination under
Section 373.421(2). FS., provides otherwise.
15. The Permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a pennitted system or the real property
on which the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of Section 62-343.130, FA.C. The Permittee transfening the permit
shall remain liable for corrective actions that may be required as a result of any violations prior
to the sale, conveyance or other transfer of the system.
16. Upon reasonable notice to the Permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure
conformity with the plans and specifications approved by the permit.
17. If historical or archaeological artifacts are discovered at any time on the project site,
the Permittee shall immediately notify the appropriate Department office.
18. The Permittee shall immediately notify the Department in writing of any previously
submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
1. Prior to commencement of dredging on sovereignty, submerged lands, the Permittee
shall remit payment (check or money order, please) to the Department's Fort Myers District
office, P. O. Box 2549, Fort Myers, FL 33902-2549, for the severance of sovereignty, submerged
land. Pursuant to section 18-21.011(3)(a)2, F.A.C., the fee shall be calculated at $2.25 per cubic
yard times the 12,494 cubic yards of sovereignty, submerged land 10 be dredged, for a total of
$28,111.50. Please ensure that the file number (11-0217156-001) and object code (021006) are
included on the face of the check.
2. The 12 navigation aids to be installed in conjunction with the permitted dredging shall
meet the requirements of chapter 327, FS., and chapter 68D-23, FA.C., and shall be maintained
by the permittee for the life of the permitted channel.
Mitigation
3. Prior to commencement of dredging, the permittee shall mitigate for the 0.36 acres of
estuarine impacts by the purchase of 0.36 credits of vegetated non-forested estuarine wetlands
from Little Pine Island Mitigation Bank. Within 10 days of purchase, the pennittee shall
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Pennittee: Collier County BOCC
Pennit No. 11-0217156-001
Page 7 of 15
provide the Department with documentation that 0.36 credits have been deducted from the credit
ledger of the bank.
4. Prior to commencement of dredging, the permittee shall mitigate for the 1.05 acres of
freshwater wetland impacts by the purchase of 2.1 credits of herbaceous freshwater credits from
Panther Island Mitigation Bank for freshwater impacts associated with the spoiling activities.
Within 10 days of purchase, the permittee shall provide the Department with documentation
that 2.1 credits have been deducted from the credit ledger of the bank.
General Construction
5. If a conflict occurs between the Specific Conditions of this permit and the drawings
attached to this permit, the Specific Conditions will prevail.
6. The Department reserves the right to require additional water quality treatment methods
to be incorporated into the permitted activity if such measures are shown to be necessary.
7. All required submittals such as certifications, monitoring reports, notifications, etc., shall
be submitted to:
Florida Department of Environmental Protection, South District Office
P.O. Box 2549
Fort Myers, FL 33902-2549
All submittals shall include the project name and indicated permit number when
referring to this project.
8. The Permittee shall submit the "Environmental Resource Permit Construction
Commencement" notice (Form No. 62-343.900(3), Florida Administrative Code (F.A.C.)), as
described in General Condition 4 to the Fort Myers office of the Department of Environmental
Protection at PO Box 2549, Fort Myers, Florida 33902-2549.
9. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shalI constitute a violation of
this permit and a violation of Part Four of Chapter 373, Florida Statutes (F.S.).
to. Any deviation from the general and specific permit conditions or permit drawings shall
not be undertaken without modification of this permit and submittal of the appropriate
processing fee.
II. If at any time during the permitted dredging and dredge disposal activities, unforeseen
construction impacts to adjacent wetlands or surface waters occur, or complications preventing
compliance with the specifications of this permit arise, the Permittee shall immediately cease
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 8 of 15
work and notify the Department's South District Office, SLERP Section, P.O. Box 2549, Fort
Myers Florida 33902-2549, 239-332-6975. The Permittee shall submit an alternate construction
plan to the Department to allow construction to proceed without additional impact or non-
compliance. Work shall not continue until the Department has approved the modification in
writing. Substantial changes from the permitted activities may require formal review and
modification of this pennit.
12. Prior to commencement of dredging activities as described in the Specific Conditions of
this permit and shown on the attached permit drawings, the Permittee shall install weighted,
floating turbidity curtains extending to one-foot above the submerged bottom to surround each
reach of the dredge project in Haldeman Creek and Naples Bay. Each individual finger canal
shall constitute a reach. Additional reaches are shown on the attached permit drawings. The
turbidity curtains shall remain in place at each reach of the dredge project duration until the
dredging for each individual reach has been completed and the background turbidity levels are
below 29 NTU's above background levels within that reach. The Permittee shall be responsible
for ensuring that turbidity curtains are inspected daily and maintained in good working order so
that there are no violations of state water quality standards resulting in a degradation of the water
quality. This special condition is designed to ensure that turbidity levels outside the reach being
dredged does not exceed 29 NTU's above background levels and degrade water quality in
Haldeman Creek and Naples Bay.
13. Dredging may be done hydraulically or mechanically as circumstances warrant to
minimize turbidity and to account for potential restrictions on the size and maneuverability of the
dredge equipment in the finger canals and due to the Bayshore Drive bridge.
14. The Permittee shall ensure that the pipe to convey the dredged material shall be aligned
in a manner that minimizes impacts to adjacent resources, including mangroves and oysters. The
pipe will enter the spoil disposal site at a portion of the shoreline where the mangroves are the
most sparse. Pipe placement shall not result in damage to existing mangrove trees. If the
shoreline becomes unstabilized, measures will be taken to avoid erosion or turbidity.
15. No rock substrate shall be removed as part of the permitted dredging. This shall not
prohibit the removal of rock rubble that may be part of the unconsolidated sediments to be
dredged.
16. Turbidity screens shall either enclose the work area as depicted within the canaJs or be
placed downstream of the barge extending from bank to bank within Haldeman creek and shall
be moved as necessary as the barge is moved. When the barge is operating within Naples Bay
the turbidity screens shall envelop the active dredge area. Turbidity shall not be elevated outside
the screens.
17. The dredging shall comply with applicable State Water Quality standards, namely:
a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 9 of 15
b. 62-302.530 - Table: Surface Water Quality Criteria
Dredged Material Disposal
18. Prior to commencement of any dredging disposal activities as described in the Specific
Conditions of this permit and shown on the attached permit drawings, the Permittee shall install
an earthern berm/dike and silt screens and hay bales as necessary to separate the dredge disposal
site from areas not proposed to be impacted by the proposed dredge disposal activities.
19. Dredged material will be deposited in the spoil containment area as described the Specific
Conditions of this permit and as shown on the attached permit drawings. Spoil material from the
permitted dredging shall be removed from the spoil containment area shown on the permit
drawings as necessary to ensure that the spoil containment area is never filled to capacity. No
return water is permitted into waters of the State that exceeds state water quality standards.
20. Best management practices for erosion and turbidity control, including, but not limited to,
the use of staked hay bales, silt screens, and turbidity curtains shall be used and maintained as
necessary at all times during the dredge material disposal activities.
21. The spoil disposal activities shall be conducted in a manner that ensures compliance with
applicable State Water Quality standards for Naples Bay, Haldeman Creek, and the man-made
canals, namely:
a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and
b. 62-302.530 - Table: Surface Water Quality Criteria
Monitoring
22. Prior to commencement of the permitted dredging activities, the Pennittee shall designate
one person who is qualified in water quality sampling to be responsible during times of dredging
activities and for turbidity monitoring. The individual shall ensure compliance is met at all times
with state water quality criteria as defined in 62-302 FAC. The Permittee shall provide the
Department's South District Office, SLERP Section, P.O. Box 2549, Fort Myers Florida 33902-
2549, the name and all pertinent contact information for the individual.
23. Turbidity monitoring results shall kept onsite and available for inspection when requested
be the DEP South District office
24. During dredging operations the Permittee shall monitor turbidity levels within 5 feet of
the active work area once every four hours during dredging operations until project completion.
The active work area shall be that area enclosed within the floating turbidity screens.
Compliance samples shall be taken within the densest portion of any turbidity plume within 5
feet outside of the turbidity curtains. Ambient samples shall be taken once daily up current at
mid-depth and at no time shall the ambient sample be within an apparent turbidity plume. Prior
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 10 of 15
to any dredging operations, the Permittee shall submit to the Department a map indicating
the ambient sampling locations with all possible sources that may generate turbidity, i.e.
storm water outfalls, etc. All monitoring data shall be submitted weekly until the dredging
completion and contain the following information:
a) permit number, which is 11-0217156-001
b) dates of sampling and analysis,
c) a statement describing the methods used in collection, handling, storage, and
analysis of the samples,
d) a map indicating the sampling locations, and
e) a statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data.
Monitoring reports shall also include the following information for each sample taken:
a) Time of day sample was taken,
b) Depth of water body,
c) Depth of sample, and
d) Antecedent weather conditions.
If monitoring reveals turbidity levels at the compliance location that appear to violate the State
Water quality standards, construction activities shall cease immediately and not resume until
corrective measures have been Ulken and turbidity has returned to acceptable levels. Any such
occurrence shall also be immediately reported to the Department's South District Office, SLERP
Compliance and Enforcement Section in Fort Myers. Monitoring reports shall be submitted to
the Department's South District Office, SLERP Compliance and Enforcement Section, at P.O.
Box 2549, Fort Myers, FL 33902-2549 or by fax machine at (239) 332-6969.
25. The following measures shall be taken by the Permittee whenever turbidity levels within
waters of the State surrounding the project site exceed state water quality standards established
pursuant to Rule 62-302, F.A.C.:
a. Immediately cease all work contributing to the water quality violation.
b. Modify the work procedures that were responsible for the violation, install more
turbidity containment devices, and repair any non-functioning turbidity
containment devices.
c. Notify the Department's Submerged Lands and Environmental Resource Program,
South District Branch Office at (239) 332-6975 or by fax at (239) 332-6975
within 24 hours of the time the violation is first detected.
26. Within 60 days of completion of the permitted dredging activities, the Permittee shall
submit to the Department a detailed repolt describing the completed construction and including
as-built drawings showing all structures and bathymetry of the project area. The submitted
drawings shall be plan and cross-sectional view drawings, fully scaled and dimensioned, signed
and sealed by a professional engineer registered/licensed in the state of Florida, showing the
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 11 of 15
entire project area. These drawings shall clearly indicate the deviations from the permit
drawings attached to this permit. If the as-built drawings show a significant overdredge that, as
determined by the Department, could potentially result in adverse effects to water quality, the
Permittee shall submit a plan acceptable to the Department to level the bottom surface by
backfilling with clean fill material free of deleterious substances. The plan shall be submitted
within 30 days of the Department .s written request for submittal of the plan.
Manatee Protection
27. The Pennittee shall comply with the following manatee protection construction
conditions:
a. The Permittee shall instruct all personnel associated with the project of the
potential presence of manatees and the need to avoid collisions with manatees. All construction
personnel are responsible for observing water-related activities for the presence of manatees.
b. The Permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees, which are protected under the
Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida
Manatee Sanctuary Act.
c. Siltation barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entrapment. Barriers must not block manatee entry to or exit from essential habitat.
d. All vessels associated with the construction project shaH operate at no wake/idle
speeds at all times while in the construction area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep
water whenever possible.
e. If a manatee is sighted within 100 yards of the project area, precautions shall be
implemented by the Pennittee and the contractor to ensure protection of manatees. These
precautions shall include not operating any equipment closer than 50 feet to a manatee, and
immediately shutting down equipment if a manatee comes within 50 feet of the equipment.
Activities will not resume until the manatees have departed the project area of their own volition.
f. Any collision with or injury to a manatee shall be reported immediately to the
Florida Fish and Wildlife Conservation Commission (FFWCC) at 1-888-404-FWCC (1-888-404-
3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in
Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-772-562-3909) for South
Florida.
g. Temporary signs concerning manatees shall be posted prior to and during all
construction/dredging activities. An signs are to be removed by the Permittee upon completion
of the project. A sign measuring at least three feet by four feet which reads '.Caution: Manatee
Area" shall be posted in a location prominently visible to water related construction crews. A
second sign shall be posted if vessels are associated with the construction and shall be placed
visible to the vessel operator. The second sign shall be at least 8 1/2 inches by 11 inches and
read:
-"... -....-....
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 12 of 15
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
construction area. All equipment must be shutdown if a manatee comes within 50 feet of
the operation. Any collision with and/or injury to a manatee shall be reported
immediately to the FWC Hotline at 1-888-404-FWCC (1-888-404-3922). The U.S. Fish
and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for
North Florida or in Vero Beach (1-772-562-3909) for South Florida.
Specific information on obtaining these signs may be obtained by contacting the Department or
FFWCC at (850) 922-4330.
28. At least one person shall be designated as a manatee observer when in-water work is being
perfOlmed. That person shall have experience in manatee observation, be approved by the
FFWCC at least two weeks before the beginning of construction, and be equipped with polarized
sunglasses to aid in the observation. The manatee observer must be on site during all in-water
construction activities and will advise personnel to cease operation upon sighting a manatee
within 50 feet of any in-water construction activity. Movement of a work barge, other associated
vessels, or any in-water work shall not be performed after sunset, when the possibility of sighting
manatees is negligible.
29. The Department has determined that the proposed activity, because of its size, potential
effect on the environment or the public, controversial nature, or location, is likely to have a
heightened public concern or likelihood of request for administrative proceedings. Therefore,
pursuant to Section 373.413(4), F.S., and Section 62-343.090(2)(k), F.A.C., the Permittee is
required to publish at the Permittee's expense the enclosed Notice of Permit. The notice is
required to be published one time within thirty (30) days, in the legal ad section of a newspaper
of general circulation in the area affected. For the purpose of this rule, "publication in a
newspaper of general circulation in the area affected" means publication in a n~wspaper meeting
the requirements of Sections 50.0ll and 50.031, F.S., in the county where the activity is to take
place. The Permittee shall reference Permit No. 11-0217156-001, when providing proof of
publication to:
Department of Environmental Protection
P.O. Box 2549
Fort Myers, Florida 33902-2549
The proof of publication shall be provided to the above address within seven (7) days of
publication. Failure to publish the notice and provide proof of publication within the allotted
time shall be grounds for revocation of the permit.
RIGHTS OF AFFECTED PARTIES
This permit and letter of consent to use sovereignty submerged lands are hereby granted.
This action is final and effective on the date filed with the Clerk of the Department unless a
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 13 of 15
sufficient petition for an administrative hearing is timely filed under Sections 120.569 and
120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative
hearing is timely filed, this action automatically becomes only proposed agency action on the
application, subject to the result of the administrative review process. Therefore, on the filing of
a timely and sufficient petition, this action will not be final and effective until further order of the
Department. Because an administrative hearing may result in the reversal or substantial
modification of this action, the applicant is advised not to commence construction or other
activities until the deadlines noted below for filing a petition for an administrative hearing or
request for an extension of time have expired.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may petition
for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the Florida
Statutes. The petition must contain the information set forth below and must be filed (received
by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Under Rule 62-110.106(4) of the Florida Administrative Code, a person whose
substantial interests are affected by the Department's action may also request an extension of
time to file a petition for an administrative hearing. The Department may, for good cause shown,
grant the request for an extension of time. Requests for extension of time must be filed with the
Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station
35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
If a timely and sufficient petition for an administrative hearing is filed, other persons
whose substantial interests will be affected by the outcome of the administrative process have the
right to petition to intervene in the proceeding. Intervention will be permitted only at the
discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-
106.205 of the Florida Administrative Code.
In accordance with Rules 28-106.111(2) and 62-11O.106(3)(a)(4), petItIOns for an
administrative hearing by the applicant must be filed within 14 days of receipt of this written
notice. Petitions filed by any persons other than the applicant, and other than those entitled to
written notice under Section 120.60(3) of the Florida Statutes, must be filed within 14 days of
publication of the notice or within 14 days of receipt of the written notice, whichever occurs first.
Under Sections 120.60(3) of the Florida Statutes, however any person who has asked the
Department for notice of agency action may file a petition within 14 days of receipt of such
notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated
above at the time of filing. The failure of any person to file a petition for an administrative
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Pemrit No. 11-0217156-001
Page 14 of ]5
hearing within the appropriate time period shall constitute a waiver of that person's right to
request an administrative determination (hearing) under Sections 120.569 and 120.57 of the
Florida Statutes.
A petition that disputes the material facts on which the Department's action is based must
contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address and telephone number of the petitioner; the name, address and
telephone number of the petitioner's representative, if any, which shall be the address for service
purposes during the course of the proceeding; and an explanation of how the petitioner's
substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific Rules or Statutes that the petitioner contends require
reversal or modification of the agency's proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is
based shall state that no such facts are in dispute and otherwise shall contain the same
information as set forth above, as required by Rules 28-106.301.
Under Sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative
hearing must be dismissed by the agency if the petition does not substantially comply with the
above requirements or is timely filed.
This permit and letter of consent to use sovereignty submerged lands constitutes an order
of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the FIOlida Statutes,
which may require a remand for an administrative hearing, the applicant has the right to seek
judicial review of the order under Sections ]20.68 of the Florida Statutes, by the filing of a
notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of
the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station
35, Tallahassee, Florida 32399-3000; and by filing a copy of the notice of appeal accompanied
by the applicable filing fees with the appropriate district court of appeal. The notice of appeal
must be filed within 30 days from the date when the order is filed with the Clerk of the
Department. The applicant, or any party within the meaning of Section 373.114(J)(a) or
373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and
Water Adjudicatory Commission under Section 373.114(1) or 373.4275 of the Florida Statutes.
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Permit No. 11-0217156-001
Page 15 of 15
Requests for review before the Land and Water Adjudicatory Commission must be filed with the
Secretary of the Commission and served on the Department within 20 days from the date when
the order is filed with the Clerk of the Department.
Executed in Fort Myers, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
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Jon M. Iglehart
Director of District Management
JMIILAB/MRMIm
Attachments:
5 pages permit forms
27 pages permit drawings
cc:
U.S. Army Corps of Engineers, Fort Myers
Collier County Property Appraiser
Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement
Florida Fish and Wildlife Conservation Commission, Imperiled Species Mgmt. Section
Department of Community Affairs
CERTIFICATE OF SERVICE
The undersigned duly designated deputy derk hereby certifies that this permit and
authorization to use sovereig; submerged lands, including all copies were mailed before
the close of business on . 1 . 2006, to the above listed persons.
FILING AND ACKNOWLEDGMENT
FR.ED, on this date, pursuant to 120.52(7),
Florida Statutes, with the designated Department Clerk.
Receipt of which is hereby acknowledged.
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM
GENERAL CONSENT CONDITIONS
Project No. 11-0217156-001
All authorizations granted by mle or in writing under Rule 18-21.005, F.A.C., except those for
aquaculture activities and geophysical testing, shall be subject to the general conditions as set
forth in paragraphs (a) through (i) below. The general conditions shall be part of all
authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable
under Chapter 253 or 258, Part II, F.S.
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use
shall constitute a violation. Violation of the authorization shall result in suspension or
revocation of the grantee's use of the sovereignty submerged land unless cured to the
satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or
the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.c.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts
to sovereignty submerged lands and resources.
(e) Construction, use, or opemtion of the structure or activity shall not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A-
27.003, 68A-27.004, and 68A-27.005, F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court
of competent jurisdiction detennines that riparian rights have been unlawfully affected, the
structure or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not
be construed to prohibit the repair or replacement subject to the provisions of Rule 18-
21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm,
flood, accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non-water dependent activities authorized under paragraph 18-
21.004(l)(t), F.A.C., or any other applicable law.
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ST A TE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF PERMIT FOR ERP ACTIVITIES
ON SOVEREIGN SUBMERGED LANDS
The Department of Environmental Protection gives notice of its issuance of an
Environmental Resource Permit, No. 11-0217156-001, to Collier County Board of County
Commissioners, clo PBSJ Consulting Engineers, 5300 West Cypress Street, Suite 200, Tampa,
FL 33607-1066, to dredge a stormwater/navigational access channel. The project is located in
Sections 11, 12, 13 and 14, Township 50 South, Range 25 East, CoJlier County, in Haldeman
Creek and Naples Bay, Class n Waters of the State, not approved for shellfish harvesting, and in
ten man-made canals connected to Haldeman Creek, Class ill Waters of the State.
The permit is available for public inspection from 8:00 a.m. to 5:00 p.m. Monday through
Friday except for legal holidays, at the Department of Environmental Protection, 2295 Victoria
Avenue, Suite 364, Fort Myers, FL 33901.
The Department's action is final unless a timely petition for an administrative hearing is
filed under sections 120.569 and 120.57 of the Florida Statutes, before the deadline for filing a
petition. The procedures for petitioning for a hearing are set forth below.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may petition
for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida
Statutes. The petition must contain the information set forth below and must be filed (received
by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Because the administrative hearing process is designed to redetermine final agency action
on the permit, the filing of a petition for an administrative hearing may result in a modification of
the permit. If a sufficient petition for an administrative hearing or request for an extension of
time to file a petition is timely filed, this permit automatically becomes only proposed agency
action on the application, subject to the result of the administrative review process. Accordingly,
the applicant is advised not to commence construction or other activities under this permit until
the deadlines noted below for filing a petition for an administrative hearing or request for an
extension of time have expired.
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Under mle 62-110.106(4) of the Florida Administrative Code, a person whose substantial
interests are affected by the Department's action may also request an extension of time to file a
petition for an administrative hearing. The Department may, for good cause shown, grant the
request for an extension of time. Requests for extension of time must be filed with the Office of
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension
of time shall toll the running of the time period for filing a petition until the request is acted
upon.
In the event that a timely and sufficient petition for an administrative hearing is filed, other
persons whose substantial interests will be affected by the outcome of the administrative process
have the right to petition to intervene in the proceeding. Any intervention will be only at the
discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205
of the Florida Administrative Code.
In accordance with rules 28-106.111 (2) and 62-11O.106(3)(a)(4), petitions for an
administrative hearing by the applicant or any of the parties listed below must be filed within 14
days of receipt of this written notice. Petitions filed by any persons other than those entitled to
written notice under section 120.60(3) of the Florida Statutes must be filed within 14 days of
publication of the noti~e or within 14 days of receipt of the written notice, whichever occurs first.
Under section 120.60(3) of the Florida Statutes, however, any person who has asked the
Department for notice of agency action may file a petition within 14 days of receipt of such
notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated
above at the time of filing. The failure of any person to file a petition for an administrative
hearing within the appropriate time period shall constitute a waiver of that person's right to
request an administrative determination (hearing) under sections 120.569 and 120.57 of the
Florida Statutes.
A petition that disputes the material facts on which the Department's action is based must
contain the following information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
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(b) The name, address, and telephone number of the petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for service
purposes during the course of the proceeding; and an explanation of how the petitioner's
substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must
so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action; and
(f) A statement of the specific rules or statutes that the petitioner contends require reversal
or modification of the agency's proposed action;
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is based
shall state that no such facts are in dispute and otherwise shall contain the same information as
set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the
Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the
petition does not substantially comply with the above requirements or is untimely filed.
This action is final and effective on the date filed with the Clerk of the Department unless a
petition is filed in accordance with the above. Upon the timely filing of a petition this order will
not be effective until further order of the Department.
This action constitutes an order of the Department. The applicant has the right to seek
judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice
of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the
Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by
the applicable filing fees with the appropriate district court of appeal. The notice of appeal must
be filed within 30 days from the date when the final order is filed with the Clerk of the
Department. The applicant, or any party within the meaning of section 373.114(1)(a) of the
Florida Statutes, may also seek appellate review of this order before the Land and Water
Adjudicatory Commission under section 373.114(1) of the Florida Statutes. Requests for review
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before the Land and Water Adjudicatory Commission must be filed with the Secretary of the
Commission and served on the Department within 20 days from the date when the final order is
filed with the Clerk of the Department.
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Form #62-343.900(3). F.A.C.
Form Tille: Construction
Commencement Notic~
Date: October 3. '\ 995
ENVIRONMENTAL RESOURCE PERt'VIIT
Construction Commencement Notice
PROJECT:
PHASE:
I hereby notify the Department of Envirornnental Protection that the construction of
the surface water management system authorized by Environmental Resource Pennit
No.
has commenced / is expected to conunence on
200_, and will require a duration of approximately
months
weeks
days to complete. It is und~rstood that should the construction term
extend beyond one year. I am obligated to submit the Annual Status Report for Surface
Water Management System Construction.
PLEASE NOTE: .Iflqe actual construction commencement date is not known, Department
staff should be so notified in writing in order to satisfy permit conditions.
Permittee or
Authorized Agent
Title and Company
Date
Phone
Address
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Form #62-343900(7), FAC.
Form Title: Request for Transfer
to Ooeratlon Phase
Date: October 3. 1995
REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE
PERMIT CONSTRUCTION PHASE TO OPERA nON PHASE
(To be completed and submitted by the operating entity)
Florida Department of Environmental Protection
It is requested that Department Permit No. authorizing the construction and operation of a
surface water management system for the below mentioned project be transferred from the construction phase permittee to
the operation phase operating entity.
PROJECT:
FROM: Name:
Address:
City:
Zipcode:
State:
TO:
Name:
Address:
City:
Zipcode:
State:
The surface water management facilities are hearby accepted for operation and maintenance in accordance with the
engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity.
Enclosed is a copy of the document transferring title of the operating entity for the common areas on which the surface
water management system is located. Note that if the operating entity has not been previously approved, the applicant
should contact the Department staff prior to filing for a pennit transfer.
The undersigned hearhy agrees that all terms and conditions of the pennit and subsequent modifications, if any, have been
reviewed, are understood and are hearby accepted. Any proposed modifications shall be applied for and obtained prior to
such modification.
Operating Entity
Name
Title
Telephone
Enclosure:
o Copy of recorded transfer of title surface water management system
() Copy of plat(s)
() Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation
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Form 62-343.900 (ll)
Application for Transf.". ofERP Pmnit
Effective Date:
APPLICATION FOR TRANSFER OF ENVIRON1\'1ENTAL RESOURCE PER.J."llT M'D NOTIFICATION
OF SALE OF A FACILITY OR SURFACE WATERl\-1ANAGEMENT.SYSTEM
Permit No.
Date Issued
Date Expires
FROM (Name of Current Pencit Holder):
Mailing Address:
City:
State:
Zip Code:
Telephone: ( )
Identification or Name of Fa cilityl Surface Water Management System:
Phase of Facility/Surface Water Management System (if applicable):
The undersigned hereby notifies the Department of the sale or legal transfer of this facility, or surface-water management
system, arId further agrees to assign all rights and obligations as permittee to the applicant in the event the Department agrees
to the trunsfer of permit.
Signature of the current permittee:
Title (if any):
Date:
TO (Name of Proposed Permit Transferee):
Mailin,g-:Address:
City:
State:
Zip Code:
Telephone: (
The undersigned hereby notifies the Department of having acquired the title to this facility, or surface-water management
system. The undersigned also states he or she has examined the application and documents submitted by the current permittee,
the basis of v{hich the permit was issued by the Department, and states they accurately and completely describe the pennitted
activity or project. The undersigned further attests to being familiar \Yith the permit, agrees to comply with its terms and with
its conditions, and agrees to assume fue rights and liabilities contained in the permit. lbe undersigned also agrees to promptly
notify the Department of any future changes in ovmership of, or responsibility for, the pennitted activity or project.
Signature of the applicant (Transferee):
~
Title (if any):
Date:
Project Engineer Name (if applicable)
Mailing Address:
Telephone: ( )
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Form 1/62-343.900(5). F.A.C.
F{lrm Title: As-Buill Certification
bv B Ree'islered Proruslonal
Date: October 3. 1995
ENVIRONMENTAL RESOURCE PERMIT
AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Number:
Project Name:
I hereby certifY that all components of this surface water management system have been built substantially in accordance
with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the
approved plans and specifications will not prevent the system from functioning as designed when properly maintained and
operated. These determinations are based upon on-site observation of the system conducted by me or by my designee under
my direct supervision and/or my review of as-built plans certified by a registered professional or other appropriate individual
as authorized by law.
Name (please print)
Signature of Professional
Company Name
Florida Registration Number
Company Address
Date
City, State, Zip Code
Telephone Number
(Affix Seal)
Substantial deviations from the approved plans and specifications:
(Note: attach two copies of as-built plans when there are substantial deviations)
Within 30 days of completion of the system, submit two C<.lpies of the form to:
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Form It 62-343.900(4)
Form Title: Annual Status Report
Effective Date: October 3. 1995
Environmental Resource Permit
Annual Status Report
Florida Deoartment of Environmental Protection
PERMIT NUMBER:
PROJECT NAME:
COUNTY:
PHASE:
The following activity has occurred at the above referenced poroject during the past year, between June I,
and May 30,
Permit Condition/Activity
% of Completion
Date of Anticipated
Completion
Date of
C~on
(Use Additional Sheets As Necessary)
Benchmark Description (one per major control structure): _
Print Name
Phone
Permittee's or Aurthorized Agent's Signature
Title and Company
Date
This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of
construction exceeds one year.
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62-343.900(4)
Oil-line Document
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EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
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PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
ION
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
GC-CA-N-1
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DEPARTMENT OF THE ARMY PERMIT
Permittee:
Collier County Board of County Commissioners
c/o Collier County Storm Water Management Department
2885 South Horseshoe Drive RECEIVED
Naples, Florida 34104-6113
FEB 2 7 2006
STORMWATER MGMT.
Permit No: SAJ-2003-6964 (IP-RMT)
Issuing Office: US Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or
any future transferee. The term "this office" refers to the appropriate district or division
office of the US Army Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Project Description: To dredge Haldeman Creek including manmade finger canals
connected to the creek to a depth of -5.0 feet below MLW west of Bayshore Drive to
Naples Bay and to a depth of -2.0 feet below MLW east of Bayshore Drive to the
Tamiami Trail, removing approximately 45,000 cubic yards of material. You will use a
combination of hydraulic and mechanical dredging and deploy of turbidity curtains. The
project also includes a vacant 13.25-acre parcel on the south side and abutting
Haldeman Creek to use as a temporary dredge spoil storage site. Placement of dredge
material will occur within two (2) disposal cells located on the vacant parcel. The
creation of these cells will result in the discharge of dredge material into 0.13 acres of
mangrove forested wetlands, 0.04 acres of saltwater herbaceous wetlands, 0.58 acres
of freshwater-forested wetlands, 0.01 acres of freshwater herbaceous wetlands and the
0.46 acre borrow pit. The borrow pit will remain pennanently filled and the remainder of
the dredge material will be disposed of at the Collier County Land Fill. The work is to be
completed in accordance with the attached site plans numbered SAJ-2003-6964 (IP-RMT)
four (10) sheets. These drawings can be found in Attachment (A), which is attached to,
and becomes part of, this pennit.
Project Location: Haldeman Creek and adjacent man-made canals are located
southwest of Tamiami Trail (US-41) west to Naples Bay in Sections 11,13,14,15,
Township 50 South, Range 25 East, Collier County, Florida. The 13.25-acre vacant
parcel abutting the creek and is located in Section 13, Township 50 South, Range 25
East, Collier County, Florida.
Latitude 26007'24"North; Longitude 81 o44'47'West
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
General Conditions:
1. The time limit for completing the work authorized ends on February 23. 2011. If you
find that you need more time to complete the authorized activity, submit your request
for a time extension to this office for consideration at least one month before the above
date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and
mailing address of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached (Attachment B).
6. You must allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
7. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
2
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Special Conditions:
1. The permittee shall notify the Corps in writing at least 48 hours prior to
commencement of the work authorized by this permit and shall provide a written status
report every six months until the authorized work has been completed. This
commencement notification, status reports, monitoring reports, and all other reports
regarding this permit shall be submitted to the U.S. Army Corps of Engineers,
Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-
0019 and shall reference the permit number.
2. The permittee shall provide compensatory off-site'mitigation for unavoidable wetland
impacts by purchasing 0.36-forested saltwater credits and 0.02 tidal herbaceous credits
at Little Pine Island Mitigation Bank (LPIMB) and shall purchase 1.60 freshwater
forested and 0.92 freshwater herbaceous credits at Panther Island Mitigation Bank
(PIMB) (Attachment C). Within thirty days of the issuance of the Corps permit the
applicant should provide documentation to the Corps of Engineers the mitigation credits
described above have been purchased at LPIMB and PIMB.
3. The permittee shall adhere to the Standard Manatee Construction Conditions for In
Water Work (Attachment F).
4. Within 60 days of completion of the work authorized, the attached Self-Certification
Statement of Compliance (Attachment D) must be completed and submitted to the US
Army Corps of Engineers.
3
10H
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
( X ) Section 10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C.1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, and local
authorization required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation
of this permit.
4
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above)., ~
c. Significant new information surfaces, which this office did not consider in reaching
the original public interest, decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
5
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Your signature below, as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
(PERMITTEE)
(DATE)
(TYPE OR PRINT PERMITTEE NAME AND TITLE)
This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has signed below.
(DISTRICT ENGINEER)
ROBERT M. CARPENTER
Colonel, U.S. Army
(DATE)
THIS PERMIT CONTAINS 6 ATTACHMENTS, TOTALING 25 PAGES
Attachment A - PERMIT DRAWINGS (10 Pages)
Attachment B - Water Quality Certification SFWMD Permit No. 11-0217156-P dated 1
February 2006 (7 pages)
Attachment C -MITIGATION PLAN (1 page)
Attachment D - Self-Certification Statement of Compliance (1 page)
Attachment E - As Built Conditions (3 pages)
Attachment F- Standard Manatee Conditions for In Water Work July 2005 (3 pages)
6
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SAJ-2003-6964 (I P-RMT)
Haldeman Creek Dredge
Permit Transfer: When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of this permit
will continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit, including the liabilities associated with its terms and conditions, please
complete the following:
(PERMITTEE - SIGNATURE AND TITLE) (DATE)
PERMIT NUMBER: SAJ-2003-6964 (IP-RMT)
ORIGINALLY ISSUED TO: Collier County Board of County Commissioners
2885 South Horseshoe Drive
Naples, Florida 34104-6113
LOCATION: Haldeman Creek and adjacent man-made canals are located southwest of
Tamiami Trail (US-41)westto Naples Bay in Sections 11,13,14,15, Township 50 South,
Range 25 East, Collier County, Florida. The 13.25-acre vacant parcel abutting the
creek is located in Section 13, Township 50 South, Range 25 East, Collier County,
Florida. Latitude 26007'24"North; Longitude 81 o44'47"West
AUTHORIZED WORK: To dredge Haldeman Creek and associated man made canals
and to discharge the dredge material into 0.13 acres of mangrove forested wetlands,
0.04 acres of saltwater herbaceous wetlands, 0.58 acres of freshwater-forested
wetlands, 0.01 acres of freshwater herbaceous wetlands and the 0.46 acre borrow pit
on a 13.25 acre parcel abutting the creek.
SIGNATURE (TRANSFEREE OR COPORATION OFFICER)
DATE
COMPLETE NAME OF CORPORATION OR INDIVIDUAL - PRINTEDITYPED
COMPLETE ADDRESS OF CORPORATION OR INDIVIDUAL - PRINTEDITYPED
(TELEPHONE NUMBER)
The above transfer agreement should be completed and mailed to the local Corps of
Engineers Regulatory Office or to:
U.S. Army Corps of Engineers, Jacksonville District
A TTN: Regulatory Division, Enforcement Branch
P.O. Box 4970
Jacksonville, Florida 32232-0019
7
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT A:
PERMIT DRAWINGS
(10 pages)
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Haldeman Creek Restoration Project Location Maps.
Haldeman Cr~ck is Intluenced by Ih~ (ide and ranges from 2.ti I feef Nalipllal (ieodeflc
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Site plans
SAJ-2003-6964 (IP-RMT)
Henderson Creek Dredge
Page 2 of 10
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_Site plans
AJ-2003-6964 (I P-RMT)
rlenderson Creek Dredge
Page 3 of 10
(limits of dredge area outlined'
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT B:
WATER QUALITY CERTIFICATION
SFWMD Permit No. 11-0217156-001-P dated 1 February 2006
With 29 Special Conditions (7 Pages)
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 6 of 15
14. Any delineation of the extent of a wetland or other surface water submitted as part of
the permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination under
Section 373.421(2). F.S., provides othelWise.
15. The Permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a pennitted system or the real property
on which the permitted system is located. All transfers of owners.hip or transfers of a permit are
subject to the requirements of Section 62-343.130, FA.C. The Permittee transferring the permit
shall remain liable for corrective actions that may be required ~s a result of any violations prior
to the sale, conveyance or other transfer of the system.
16. Upon reasonable notice to the Permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure
conformity with the plans and specifications approved by the permit.
17. If historical or archaeological artifacts are discovered at any time on the project site,
the Permittee shall immediately notify the appropriate Department office.
18. The Permittee shall immediately notify the Department in writing of any previously
submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
1. Prior to commencement of dredging' on sovereignty, submerged lands, the Permittee
shall remit payment (check or money order, please) to the Department's Fort Myers District
office, P. O. Box 2549, Fort Myers, FL 33902-2549, for the severance of sovereignty, submerged
land. Pursuant to section 18-21.011 (3)(a)2, F.A.c., the fee shall be calculated at $2.25 per cubic
yard times the 12,494 cubic yards of sovereignty, submerged land to be dredged, for a total of
$28,111.50. Please ensure that the file number (11-0217156-001) and object code (021006) are
included on the face of the check.
2. The 12 navigation aids to be installed in conjunction with the permitted dredging shall
meet the requirements of chapter 327, F.S., and chapter 68D-23, F.A.C., and shall be maintained
by the permittee for the life of the permitted channel.
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Mitigation
3. Prior to commencement of dredging, the permittee shall mitigate for the 0.36 acres of
estuarine impacts by the purchase of 0.36 credits of vegetated non-forested estuarine wetJands
from Little Pine Island Mitigation Bank. Within 10 days of purcbase, the permittee shall
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Pennittee: Collier County BOCC
Permit No. 11-0217156-00 1
Page 7 of 15
provide the Department with documentation that 0.36 credits have been deducted from the credit
ledger of the bank.
4. Prior to commencement of dredging, the pennittee shall mitigate for the 1.05 acres of
freshwater wetland impacts by the purchase of 2.1 credits of herbaceous freshwater credits from
Panther Island Mitigation Bank for freshwater impacts associated with the spoiling activities.
Within 10 days of purchase, the permittee shall provide the Department with documentation
that 2.1 credits have been deducted from the credit ledger of the bank.
General Construction
5. If a conflict occurs between the Specific Conditions of this permit and the drawings
attached to this permit, the Specific Conditions will prevail.
6. The Department reserves the right to require additional water quality treatment methods
to be incorporated into the permitted activity if such measures are shown to be necessary.
7. All required submittals such as certifications, monitoring reports, notifications, etc., shall
be submitted to:
Florida Department of Environmental Protection, South District Office
P.O. Box 2549
Fort Myers, FL 33902-2549
All submittaJs shan include the project name and indicated permit number when
referring to this project.
8. The Permittee shall submit the "Environmental Resource Permit Construction
Commencement" notice (Form No. 62-343.900(3), Florida Administrative Code (F.A.C.)), as
described in General Condition 4 to the Fort Myers office of the Department of Environmental
Protection at PO Box 2549, Fort Myers, Florida 33902-2549.
9. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of
this permit and a violation of Part Four of Chapler 373, Florida Statutes (F.S.).
10. Any deviation from the general and specific permit conditions or permit drawings shall
not be undertaken without modification of this permit and submittal of the appropriate
processing fee.
11. If at any time during the permitted dredging and dredge disposal activities, unforeseen
construction impacts to adjacent wetlands or surface waters occur, or complications preventing
compliance with the specifications of this permit arise, the Permittee shall immediately cease
lOH
Permittee: Collier County BOCC
PermH No. 11-0217156-001
Page 8 of 15
work and notify the Department's South District Office, SLERP Section, P.O. Box 2549, Fort
Myers Florida 33902-2549, 239-332-6975. The Permittee shall submit an alternate construction
plan to the Department to allow construction to proceed without additional impact or non-
compliance. Work shall not continue until the Department has approved the modification in
writing. Substantial changes from the permitted activities may require formal review and
modification of this permit.
12. Prior to commencement of dredging activities as described in the Specific Conditions of
this permit and shown on the attached permit drawings, the Permittee shall instaJl weighted,
floating turbidity curtains extending to one-foot above the submerged bottom to surround each
reach of the dredge project in Haldeman Creek and Naples Bay. - Each individual finger canal
shall constitute a reach. Additional reaches are shown on the attached permit drawings. The
turbidity curtains shall remain in place at each reach of the dredge project duration until the
dredgin& for each individual reach has been completed and the background turbidity levels are
below 29 NTU's above background levels within that reach. The Permittee shall be responsible
for ensuring that turbidity curtains are inspected daily and maintained in good working order so
that there are no violations of state water quality standards resulting in a degradation of the water
quality. This special condition is designed to ensure that turbidity levels outside the reach being
dredged does not exceed 29 NTU's above background levels and degrade water quality in
Haldeman Creek and Naples Bay.
13. Dredging may be done hydraulically or mechanically as circumstances warrant to
minimize turbidity and to account for potential restrictions on the size and maneuverability of the
dredge equipment in the finger canals and due to the Bayshore Drive bridge.
14. The Permittee shall ensure that the pipe to convey the dredged material shall be aligned
in a manner that minimizes impacts to adjacent resources, including mangroves and oysters. The
pipe will enter the spoil disposal site at a portion of the shoreline where the mangroves are the
most sparse. Pipe placement shall not result in damage to existing mangrove trees. If the
shoreline becomes unstabilized, measures will be taken to avoid erosion or turbidity.
15. No rock substrate shall be removed as part of the permitted dredging. This shall not
prohibit the removal of rock rubble that may be part of the unconsolidated sediments to be
dredged.
16. Turbidity screens shall either enclose the work area as depicted within the canals or be
placed downstream of the barge extending from bank to bank within Haldeman creek and shall
be moved as necessary as the barge is moved. When the barge is operating within Naples Bay
the turbidity screens shall envelop the active dredge area. Turbidity shall not be elevated outside
the screens.
17. The dredging shall comply with applicable State Water Quality standards, namely:
a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria~ and
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 9 of 15
b. 62-302.530 - Table: Surface Water Quality Criteria
Dredged Material Disposal
18. Prior to commencement of any dredging disposal activities as described in the Specific
Conditions of this permit and shown on the attached permit drawings, the Permittee shall install
an earthem berm/dike and silt screens and hay bales as necessary to separate the dredge disposal
site from areas not proposed to be impacted by the proposed dredge disposal activities.
19. Dredged. material will be deposited in the spoil containment area as described the Specific
Conditions of this permit and as shown on the attached permit drawings. Spoil material from the
permitted dredging shall be removed from the spoil containment area shown on the permit
drawings as necessary to ensure that the spoil containment area is never filled to capacity. No
return water is permitted into waters of the State that exceeds state water quality standards.
20. Best management practices for erosion and turbidity control, including, but not limited to,
the use of staked hay bales, silt screens, and turbidity curtains shall be used and maintained as
necessary at all times during the dredge material disposal activities.
21. The spoil disposal activities shall be conducted in a manner that ensures compliance with
applicable State Water Quality standards for Naples Bay, Haldeman Creek, and the man-made
canals, namely:
a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and
b. 62-302.530 - Table: Surface Water Quality Criteria
Monitoring
22. Prior to commencement of the permitted dredging activities, the Permittee shall designate
one person who is qualified in water quality sampling to be responsible during times of dredging
activities and for turbidity monitoring. The individual shall ensure compliance is met at all times
with state water quality criteria as defined in 62-302 FAC. The Permittee shaH provide the
Department's South District Office, SLERP Section, P.o. Box 2549, Fort Myers Florida 33902-
2549, the name and all pertinent contact information for the individual.
23. Turbidity monitoring results shall kept on site and available for inspection when requested
be the DEP South District office
24. During dredging operations the Permittee shall monitor turbidity levels within 5 feet of
the acti ve work area once every four hours during dredging operations until project completion.
The active work area shall be that area enclosed within the floating turbidity screens.
Compliance samples shall be taken within the densest portion of any turbidity plume within 5
feet outside of the turbidity curtains. Ambient samples shall be taken once daily up current at
mid-depth and at no time shall the ambient sample be within an apparent turbidity plume. Prior
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 10 of 15
to any dredging operations, the Permittee shall submit to the Department a map indicating
the ambient sampling locations with an possible sources that may generate turbidity, i.e.
storm water outfalls, etc. All monitoring data shall be submitted weekly until the dredging
completion and contain the following information:
a) permit number, which is 11-0217156-001
b) dates of sampling and analysis,
c) a statement describing the methods used in collection, handling, storage, and
analysis of the samples,
d) a map indicating the sampling locations, and
e) a statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data.
Monitoring reports shall also include the following information for each sample taken:
a) Time of day sample was taken,
b) Depth of water body,
c) Depth of sample, and
d) Antecedent weather conditions.
If monitoring reveals turbidity levels at the compliance location that appear to violate the State
Water quality standards, construction activities shall cease immediately and not resume until
corrective measures have been taken and turbidity has returned to acceptable levels. Any such
occurrence shall also be immediately reported to the Department's South District Office, SLERP
Compliance and Enforcement Section in Fort Myers. Monitoring reports shall be submitted to
the Department's South District Office, SLERP Compliance and Enforcement Section, at P.O.
Box 2549, Fort Myers, FL 33902-2549 or by fax machine at (239) 332-6969.
25. The following measures shall be taken by the Permittee whenever turbidity levels within
waters of the State surrounding the project site exceed state water quality standards established
pursuant to Rule 62-302, F.A.C.:
a. Immediately cease all work contributing to the water quality violation.
b. Modify the work procedures that were responsible for the violation, install more
turbidity containment devices, and repair any non-functioning turbidity
containment devices.
c. Notify the Department's Submerged Lands and Environmental Resource Program,
South District Branch Office at (239) 332-6975 or by fax at (239) 332-6975
within 24 hours of the time the violation is first detected.
26. Within 60 days of completion of the permitted dredging activities, the Permittee shall
submit to the Department a detailed report describing the completed construction and including
as-built drawings showing all structures and bathymetry of the project area. The submitted
drawings shall be plan and cross-sectional view drawings, fully scaled and dimensioned, signed
and sealed by a professional engineer registeredllicensed in the state of Florida, showing the
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 11 of 15
entire project area. These drawings shall clearly indicate the deviations from the permit
drawings attached to this permit. If the as-built drawings show a significant overdredge that, as
determined by the Department. could potentially result in adverse effects to water quality, the
Permittee shall submit a plan acceptable to the Department to level the bottom surface by
backfilling with clean fill material free of deleterious substances. The plan shall be submitted
within 30 days of the Department's written request for submittal of the plan.
Manatee Protection
27. The Permittee shall comply with the following manatee protection construction
conditions:
a. The Permittee shall instruct all personnel associated with the project of the
potential presence of manatees and the need to avoid collisions with manatees. All construction
personnel are responsible for observing water-related acti vi ties for the presence of manatees.
b. The Permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees, which are protected under the
Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida
Manatee Sanctuary Act.
c. Siltation barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entrapment. Barriers must not block manatee entry to or exit from essential habitat.
d. All vessels associated with the construction project shall operate at no wake/idle
speeds at all times while in the construction area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep
water whenever possible.
e. If a manatee is sighted within 100 yards of the project area, precautions shall be
implemented by the Permittee and the contractor to ensure protection of manatees. These
precautions shall indude not operating any equipment closer than 50 feet to a manatee, and
immediately shutting down equipment if a manatee comes within 50 feet of the equipment.
Activities will not resume until the manatees have departed the project area of their own volition.
f. Any collision with or injury to a manatee shall be reported immediately to the
Florida Fish and Wildlife Conservation Commission (FFWCC) at 1-888-404-FWCC (1-888-404-
3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in
Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-772-562-3909) for South
Florida.
g. Temporary signs concerning manatees shall be posted prior to and during all
construction/dredging activities. All signs are to be removed by the Permittee upon completion
of the project. A sign measuring at least three feet by four feet which reads "Caution: Manatee
Area" shall be posted in a location prominently visible to water related construction crews. A
second sign shall be posted if vessels are associated with the construction and shall be placed
visible to the vessel operator. The second sign shall be at least 8 1/2 inches by 11 inches and
read:
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Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 12 of 15
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
constmction area. All equipment must be shutdown if a manatee comes within 50 feet of
the operation. Any collision with and/or injury to a manatee shall be reported
immediately to the FWC Hotline at 1-888-404-FWCC (l-888~404-3922). The U.S. Fish
and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for
North Florida or in Vero Beach (1-772-562-3909) for South Florida.
Specific information on obtaining these signs may be obtained by contacting the Department or
FFWCC at (850) 922-4330.
28. At least one person shall be designated as a manatee observef when in-water work is being
performed. That person shall have experience in manatee observation, be approved by the
FFWCC at least two weeks before the beginning of construction, and be equipped with polarized
sunglasses to aid in the observation. The manatee observer must be on site during all in-water
construction activities and will advise personnel to cease operation upon sighting a manatee
within 50 feet of any in-water construction activity. Movement of a work barge, other associated
vessels, or any in-water work shall not be performed after sunset, when the possibility of sighting
manatees is negligible.
29. The Department has determined that the proposed activity, because of its size, potential
effect on the environment or the public. controversial nature, or location, is likely to have a
heightened public concern or likelihood of request for administrative proceedings. Therefore,
pursuant to Section 373.413(4), F.S., and Section 62-343.090(2)(k), F.A.c., the Permittee is
required to publish at the Permittee's expense the enclosed Notice of Permit. The notice is
required to be published one time within thirty (30) days, in the legal ad section of a newspaper
of general circulation in the area affected. For the purpose of this rule, "publication in a
newspaper of general circulation in the area affected" means publication in a newspaper meeting
the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take
place. The Permittee shall reference Permit No. 11-0217156-001, when providing proof of
publication to:
Department of Environmental Protection
P.O. Box 2549
Fort Myers, Florida 33902-2549
RIGHTS OF AFFECTED PARTIES
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The proof of publication shall be provided to the above address within seven (7) days of
publication. Failure to publish the notice and provide proof of publication within the allotted
time shall be grounds for revocation of the permit.
This permit and letter of consent to use sovereignty submerged lands are hereby granted.
This action is fin a) and effective on the date filed with the Clerk of the Department unless a
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT C:
SPECIAL CONDITIONS
Compensatory Mitigation ~
With Mitigation, Monitoring and Maintenance Plan
(1 Page)
ION
Compensatory Off-site Mitigation
Haldeman Creek Dredge
SAJ-2003-6964 (IP-RMT)
As compensation for both direct and secondary impacts you shall
purchase 0.36 saltwater-forested credits and 0.02 saltwater-
herbaceous credits at Little Pine Island Mitigation Bank (LPIMB) and
purchase 1.60 freshwater-forested and 0.92 freshwater-herbaceous
credits at Panther Island Mitigation Bank (PIMBj. Within 60 days of
issuance of this permit provide written documentation to the Corps of
Engineers that the mitigation as described above has been purchased.
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
~
ATTACHMENT D:
SPECIAL CONDITIONS
Self-Certification Statement of Compliance
(1 Page)
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SELF-CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ-2003-6964 (IP-RMT)
Permittee's Name and Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started:
Date Work Completed:
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation Completed (if applicable):
Describe any Deviations from the approved permit drawings and special
conditions (attach drawing(s) depicting the deviations):
**********************************************
I certify that all work, and mitigation (if applicable) was done in accordance
with the limitations and conditions as described in the permit. Any
deviations as described above are depicted on the attached drawing(s).
Signature of Permittee
Date
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT E:
SPECIAL CONDITIONS
As Built Conditions (3 pages)
ION
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
AS-BUILT SPECIAL CONDITIONS
1. The permittee shall provide as-built drawings of the authorized work, including
mitigation, and a completed As-Built Certification Form. The drawings and Certification
Form are to be submitted within 60 days of completion of the authorized work, including
mitigation, or at the expiration of the construction authorization of the permit, whichever
comes first. The drawings and Certification Form must be signed and sealed by a
professional engineer registered in the State of Florida. In the event that the completed
work deviates from the approved permit drawings and special conditions, the permittee
shall describe, on the Certification Form, the deviations between the work authorized by
the permit and the work as constructed. A blank form is attached. Please note that the
depiction and description of the deviations on the drawinQs and Certification Form does
not necessarily mean that the Corps will approve of them.
2. As-built drawings shall include:
a. Location of the authorized work footprint (as shown on the permit drawings)
with an overlay of the work as constructed.
b. Clear indication of any deviations, which have been described on the As-Built
Certification Form.
c. The Department of the Army Permit Number.
d. A plan view of the overall footprint of the project showing all "earth
disturbance", including wetland impacts, water management structures, and anyon-site
mitigation areas.
e. A detailed plan view of all created and/or restored or enhanced mitigation
areas showing planting zones, and cross-sections of the mitigation areas showing
elevations corresponding to the plantings; elevations of the inverts of any control
structures (inflow and outflow) servicing the mitigation areas.
f) Any stormwater management system, that is a part of a wetland creation,
restoration or enhancement mitigation project, especially elevations of the inverts of the
control structures.
1
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of
Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019.
If you have questions regarding this requirement, please contact the Enforcement Branch
at 904-232-2907.
1. Department of the Army Permit Number:
2. Permittee Information:
Name
Address
3. Project Site Identification:
Physical location/address
4. As-Built Certification:
I hereby certify that the authorized work, including any mitigation required by Special
Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on-
site observation, scheduled and conducted by me or by a project representative under my
direct supervision. I have enclosed one set of as-built engineering drawings.
Signature of Engineer
Name (Please type)
(FL, PR or VI) Reg Number
Company Name
Address
City
(Affix Seal)
State
ZIP
Date
Telephone Number
2
ION
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Deviations from the approved permit drawings and special conditions: (attach additional
pages if necessary)
3
SAJ-2003-6964 (I P-RMT)
Haldeman Creek Dredge
ATTACHMENT F:
SPECIAL CONDITIONS
Standard Manatee Conditions for In Water Work
July 2005 (3 pages)
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ION
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
July 2005
The permittee shall comply with the following conditions intended to protect manatees
from direct project effects:
a. All personnel associated with the project shall be instructed about the presence
of manatees and manatee speed zones, and the need to avoid collisions with
and injury to manatees. The permittee shall advise all construction personnel
that there are civil and criminal penalties for harming, harassing, or killing
manatees which are protected under the Marine Mammal Protection Act, the
Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at " Idle
Speed/No Wake" at all times while in the immediate area and while in water
where the draft of the vessel provides less than a four-foot clearance from the
bottom. All vessels will follow routes of deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot
become entangled, shall be properly secured, and shall be regularly monitored to
avoid manatee entanglement or entrapment. Barriers must not impede manatee
movement.
d. All on-site project personnel are responsible for observing water-related activities
for the presence of manatee(s). All in-water operations, including vessels, must
be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will
not resume until the manatee(s) has moved beyond the 50-foot radius of the
project operation, or until 30 minutes elapses if the manatee(s) has not
reappeared within 50 feet of the operation. Animals must not be herded away or
harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the
FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be
reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580)
for north Florida or Vero Beach (1-561-562-3909) for south Florida.
f. Temporary signs concerning manatees s hall be posted prior to and during all i n-
water project activities. All signs are to be removed by the permittee upon
completion of the proj ect. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must
be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee
Area must be posted. A second sign measuring at least 81/2" by 11" explaining
the requirements for "Idle Speed/No Wake" and the shut down of in-water
operations must be posted in a location prominently visible to all personnel
engaged in water-related activities.
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FWC Approved Manatee Educational Sian Suppliers
ASAP Signs & Designs
624-B Pinellas Street
Clearwater, FL 33756
Phone: (727) 443-4878
Fax: (727) 442-7573
Wilderness Graphics, Inc.
P. O. Box 1635
Tallahassee, FL 32302
Phone: (850)224-6414
Fax: (850) 561-3943
www.wildernessgraphics.com
Cape Coral Signs & Designs
1311 Del Prado Boulevard
Cape Coral, FL 33990
Phone: (239) 772-9992
Fax: (239) 772-3848
Municipal Supply & Sign Co.
1095 Fifth Avenue, North
P. O. Box 1765
Naples. FL 33939-1765
Phone: (800) 329-5366 or
(239) 262-4639
Fax: (239) 262-4645
www.municipalsiqns.com
Vital Signs
104615 Overseas Highway
Key Largo, FL 33037
Phone: (305)451-5133
Fax: (305) 451-5163
Universal Signs & Accessories
2912 Orange Avenue
Ft. Pierce, FL 34947
Phone: (800}432-0331 or
(772) 461-0665
Fax: (772) 461-0669
New Cit~ Signs
1829 281 Street North
St. Petersburg, FL 33713
Phone: (727) 323-7897
Fax: (727) 323-1897
United Rentals Highway
Technologies
309 Angle Road
Ft. Pierce, FL 34947
Phone: (772) 489-8772
or (800) 489-8758 (FL only)
Fax: (772) 489-8757
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EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
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EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
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EXHIBIT P
Aareement for Haldeman Creek Disposal
TPA#1953633.11
GC-CA-Q-1
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REV 8/22/05
AMENDED AND REST A TED AGREEMENT
FOR HALDEMAN CREEK DISPOSAL
TIllS AMENDED AND RESTATED AGREEMENT FOR HALDEMAN CREEK
DISPOSAL ("Agreement") is made and entered into this J~ay of ~ bi/ , 2005,
by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County," and LAKEVIEW DRIVE OF NAPLES, LLC, a Florida Limited
Liability Company, hereinafter referred to as "Lakeview."
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RECITALS:
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WHEREAS, the County desires to perform maintenance dredging to improve navigat~
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and increase stormwater conveyance capacity in portions of Haldeman Creek, as described nf
the County's dredge plan attached hereto as Exhibit A ("the Dredge Project"); and
WHEREAS, the County has detennined that the Dredge Project is feasible; and
WHEREAS, the County, as part of its permitting of the Dredge Project, needs a disposal
site to place the sand and materials that are removed from Haldeman Creek ("the Spoil"); and
WHEREAS, Lakeview owns an undeveloped I7-acre site ("the Property"), part of which
(approximately 3 acres) is comprised of submerged bottom lands of Haldeman Creek and the
remainder of which (approximately 14 acres) is uplands adjacent to Haldeman Creek; and
WHEREAS, the County will realize a considerable cost savings to the Dredge Project if
the I4-acre upland p01tion of the Property is utilized as a temporary disposal site for the Spoil;
and
WHEREAS, Lakeview intends to develop the 14-acre upland portion of the Property with
a total of 51 dwelling units (with associated dock slips), as illustrated by the Site Development
./
Plan (SDP-AR-4596) submitted to the County by Lakeview; and
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WHEREAS, Lakeview has agreed to the County's use of the 14-acre upland portion (the
"Disposal Site") of its Property for the Dredge Project for a period of no more than 17 months,
subject to the terms of this Agreement and the County's Disposal Site Plan attached hereto as
Exhibit B; and
WHEREAS, the parties do not intend that this Agreement convey any easement or other
property interest in Lakeview's Property; rather, the palties intend that this Agreement convey a
temporary irrevocable license, personal to the County, to use the Disposal Site in accordance
with the terms of this Agreement; and
WHEREAS, the palties entered into the original Agreement for Haldeman Creek
Disposal on or about July 27, 2004, and desire to amend and restate said agreement in
accordance with the provisions set forth herein.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. RECITALS. The above recitals are true and correct and incorporated herein.
2. CONDITIONS OF AGREEMENT.
a. Before placing any Spoil on the Disposal Site, the County shall obtain all
permits required for the Dredge Project from the responsible state and federal agencies, and be
solely responsible for any mitigation required by said permits. The County shall comply with all
conditions placed on the issued permits. Lakeview agrees to cooperate with the County in its
efforts to obtain the required permits.
b. Lakeview agrees that the County may place the Spoil from the Dredge
Project on the Disposal Site, in accordance with the terms of this Agreement and the County's
Disposal Site Plan attached hereto as Exhibit B, for a period of no more than 17 months,
beginning on August 1, 2005 and ending on January 1, 2007.
2
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REV 8/22/05
c.
Under no circumstances shall the County be permitted to place Spoil from
the Dredge Project on the Disposal Site after January 1,2007.
d. Lakeview's agreement to allow the County to use the Disposal Site for the
placement of Spoil from the Dredge Project is predicated upon Lakeview's currently proposed
site plan for the Prope11y. Accordingly, the County may not use the Disposal Site for the
placement of Spoil until the County conditiona])y approves SDP-AR-4596, subject to Lakeview's
obtaining State and federal agency permits. The term "conditionally approves" shall mean
approval is subject to owner obtaining all required permits from other govemmental agencies
and it does not mean that the County will impose additional conditions related to County-
promulgated regulations.
e. Upon execution of this Agreement, Lakeview agrees to provide any letters
or documentation requested by the Florida Department of Environmental Protection and federal
reviewing agencies to allow the County to obtain its permits for the Dredge Project.
3. DENSITY CONFIRMATION. The County acknowledges that Lakeview enters
into this Agreement in reliance upon the County's confirmation that the Property is eligible for
51 dwelling units.
4. REMOVAL AND PURCHASE OF SPOIL. Subject to Lakeview's option to
purchase set forth herein, the County agrees to remove all Spoil from the Disposal Site and any
contaminants placed on the Disposal Site pursuant to the Dredge Project, at its own cost, on or
before February 1, 2007. Lakeview shall have the option, at its sole discretion, to purchase up to
35,000 cubic yards of the Spoil from the County. If Lakeview exercises its option to purchase,
the County agrees to leave the requested amount of Spoil on the Disposal Site in locations
specified by Lakeview, andlor deliver the requested amount of the Spoil to 1722 Tamiami Trail
East, Naples, Florida 34112. Lakeview shall pay a 5eY~ran~~ fee of $Z.Z5 per cubic yard to the
3
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.a
REV 8/22/05
County for any Spoil left at the Disposal Site or delivered to 1722 Tamiami Trail East at
Lakeview's request. Said severance fee shall be paid within 30 days of delivery of the Spoil.
5.
FINAL CONDITION OF DISPOSAL SITE.
By February 1, 2007, the County
shall ensure that the final condition of the Disposal Site meets the following critelia:
a. all Spoil has been removed from the Disposal Site (unless Lakeview has
directed to leave certain amounts of the Spoil on the Disposal Site pursuant to Paragraph 4);
b. any contaminants placed on the Disposal Site pursuant to the Dredge
Project are removed from the Disposal Site;
c. based on appropriate laboratory soil sample analysis performed by the
County's contractor for the Dredge Project, the highest detected concentration of constituents on
the Disposal Site are below all applicable criteria for soils including Direct Exposure and
Leachability based on Soils or Groundwater Criteria provided in Florida Administrative Code
Rule 62-777. The detected concentrations if any, of selected parameters and applicable soil
cleanup criteria in FAC 62-777 must demonstrate that these sediments will not create a
regulatory or human health concern; and
d. no liens related to the Dredge Project have been placed on the Property.
If the County fails to comply with the provisions of this Paragraph 5 by the deadline imposed,
Lakeview shall notify the County in writing and the County shall have an additional sixty (60)
days from receipt of the notice to comply with the provisions of this Paragraph 5. If the County
then fails to comply within the 60-day period, then Lakeview shall have the right to bring the
Disposal Site into compliance and the County shall be responsible for all costs and expenses for
doing so.
6.
DREDGE PROJECT COSTS.
The County shall be responsible for all
Dredge Project costs, including pennit costs, mitigation expenses and severance fees (except any
4
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REV 8/22/05
severance fees owed by Lakeview to the County pursuant to Paragraph 4) resulting from the
Dredge Project.
7.
MONITORING.
Initial testing/sampling by the County's consultant(s) has
revealed contamination, including the presence of copper, in the water and submerged bottom
lands of Haldeman Creek. The County shall prepare a test plan to monitor the Spoil, water and
Disposal Site for contaminants, including copper. The test plan shall be submitted to Lakeview
for its approval prior to the County's use of the Disposal Site. The County shall implement the
approved test plan for the areas of known contamination throughout the duration of this
Agreement and shall issue weekly reports of the test plan results to Lakeview while work is
performed in the areas of known contamination. Final test results shall be submitted to
Lakeview on or before February 28, 2007. The County shall be responsible for all clean-up
costs, fines and penalties associated with the placement on, and removal of, any contaminants
placed on the Disposal Site pursuant to the Dredge Project.
8.
TERMINATION.
This Agreement shall automatically terminate at the earlier
of (a) February 1,2007; or (b) when the provisions of Paragraph 5 have been satisfied.
9. PROJECT FUNDING. The County retains the right to create a municipal taxing
disuict or other source to fund the Dredge Project.
10.
INDEMNIFICATION.
To the extent permitted by law, the County shall
indemnify and hold harmless Lakeview and its successors and assigns for any and all damages or
liabilities incurred by Lakeview and caused by the Dredge Project, including, but not limited to,
damages or liabilities arising from (a) non-compliance with the pennits issued for the Dredge
Project, (b) the placement of liens on the Property pursuant to the Dredge Project, (c) the
placement of contaminated or hazardous Spoil on the Disposal Site pursuant to the Dredge
Project, and (d) third party injuries related to the Dredge Project.
5
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REV 8/22/05
11. MISCELLANEOUS PROVISIONS.
a, Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be delivered to Lakeview, attention: Jack Antaramian.
Antaramian Development Corporation, 365 Fifth Avenue South, Suite 201, Naples, Florida
34102; and to George L. Varnadoe, Esq., 821 Fifth Avenue South, Suite 201, Naples, Florida
34102.
b. Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be delivered to the County, attention; County
Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112.
c. This writing embodies the entire agreement and understanding between
the parties. No other agreements or understandings, oral or written, exist between the parties.
No alteration, change or modification to the terms of this Agreement shan have any force or
effect unless made in writing and signed by the parties hereto. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida. This Agreement
may be executed in each of several copies, each of which may be considered an original.
d. Lakeview may not sell, transfer, or assign this Agreement, or any part
hereof, without the written consent of the County, which consent shall not be unreasonably
withheld.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year aforesaid in counterparts, each counterpart to be considered an original.
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DATED: 9..-:. ~.,.~ . ~. .;:;/r,
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Attest. cJS' .to;~AaTrlliln' s
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By:
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Approved as to form and
legal sUffiCTCYL
~AShton
Assistant County Attomey
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W DRIVE OF NAPLES, LLC
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Haldeman Creek Restoration Project
Project Description
Exhibit A
Haldeman Creek located in Collier County, Florida, serves as an important ,stormwater
conveyance system and a navigable c~el for boater access to the Gulf of Mexico
(Figure1r Records indicate that' the Creek was originally natural; and through'
development was altered. Modifications to the area include establishing' "finger" canals
to support resi~iJ.tial. boat access and alterations to the alignment of the Creek for
stormwater improvements. .
Residents in the a,rea 'o~ Haldeman Creek, representing mainly waterfront property
. owners, requested the CoUnty to initiate a feasibility study to investigate maintenance
dredgmg of the existing waterway. Increased development and use of the waterway' for
boating, maintenance dredging has become necessary to ensure proper navigation.
Sediment shoaling cauSed by se~entation raises the risk of damage to boats and
decreases the function of the waterway.
With increased development comes the need for flood control. The, Creek also serves as
. ' '
an important role for. ~~nveyanc~ of stormwater,~ th~ area. The Couny, and So~th
Florida Water Management District have implemented improvements to the Creek for
. flood controL.' This activity has resulted in an emphasis on' the Creek regarding
maintenance of the watef\liTays.
Over time sediments have built-up in the waterway and the accumulation in, the Creek
and in the canal systems has reached a level that requires maintenance. Natural processes
are unable. to flush out the material. Haldeman Creek has experienced rapid deyelopment
over the past several decades. Development occurred first on the ma.:ill stem of the Creek
and then to tbe adjacent canals. Development along the main stem .of the Creek is a .
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mixture of co~ercial and residential. Development along the adjacent finger canals is
primarily residetitial with a few commerciai properties interspersed.
Figure 1.
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Haldeman Creek Restoration Project Location Maps.
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The project includes dredging to "a depth of ~5,O ML W and -2 ML Weast and west of
. . . . , ..
Bayshore Drive, respectively; Design bottom "widths of 40 feet and 20 feet f<?r the main
channel and finger canals, respectively. A total volume of approximately 40,000 yd3 will
be removed.
The project will involve a combination of hydraulic and mechanical dredging, The
sediment will be placed on the disposal site for dewatering, stockpiliD,g and transport to
the County Landfill Approximately 10,000 yd3 of clean dredge sediment will.remain on..
site for use by the property owner.
The County has submitted permit applications with the United States Army Corps of
Engineers (USA.CE), the Florida Department of Environmental Protection (FDEP) and
Collier. County. Permits are expected the Fall.2004 and construction is anticipated to
begin winter 2004.
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EXHIBIT K
PERMITS
TPA#1953633.11
GC-CA-K-1
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EXHIBIT Q
Sediment Laboratory Results
TPA#1953633.11
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101
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
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DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2. /~
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
(7i!.dGG
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(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
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Yes
(Initial)
N! A (Not
A licable)
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
(2...'2-
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1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N! A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ~1. z.dj'" (enter date) and all changes
made during the meeting have been incorporated m 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
2.
3.
4.
5.
6.
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EXECUTIVE SUMMARY fr. IJ
Recommendation to approve change order number one (1) to work order number SCD-
FT -05-01, under Contract 05-3850, "Architectural Engineering Services for the Collier
County Government Center", for the design and construction services for the chiller
plant expansion with Spillis Candela DMJM in the amount of $339,920.00, and to approve
Amendment #1 to Contract 05-3850, which will increase the annual total initial
compensation for Work Orders issued to Spillis Candela, from $500,000 to $2,000,000.
OBJECTIVE: To gain Board of County Commissioner approval for change order number one (1) to work
order number SCD-FT -05-01 for the design and construction services for the chiller plant expansion with
Spillis Candela DMJM in the amount of $339,920.00.
CONSIDERATIONS: The existing chiller plant, located in building "K", was originally constructed with two
(2) 400-ton water-cooled chillers. As the cooling demand increased over the years, due to the Complex
expanding, the existing chiller plant was upgraded to increase cooling capacity by installing two (2) ice
storage tank farms served by dedicated chillers.
Currently, the Government Center has a total of approximately 450,000 square feet of gross building area
connected to the central chiller plant and the plant has a maximum capacity of 1,757 tons when using the
ice farms.
The new Courthouse Annex, with a total of 137,984 gross square feet, is under construction and the
designed cooling load is 392 tons. A previous engineering firm had recommended expanding the chiller
plant building and adding additional chiller units. In September 2005, the Facilities Management
Department executed a work order with Spillis Candela DMJM to evaluate the chiller plant. Spillis
Candela DMJM has recommended replacing two chiller units with 700-ton units to increase the plant
capacity without expanding the building footprint and this proposed work order change is to address the
design of these additional units.
The increase to Work Order number SCD-FT -05-01 has exceeded the annual total compensation
threshold of $500,000. The future volume of work required by Facilities Management to Spillis Candela,
on an annual basis, will continue to exceed the annual total compensation of $500,000. All work orders
generated under this contract will follow the $90,000 initial work order limit guidelines as set forth in the
contract, any Work Orders with an initial dollar value over $90,000 will be presented as an Agenda item to
the Board.
FISCAL IMPACT: Funds for the design and construction phase services in the amount of $339,920.00
are available in the project budget and the source of funds is General Government Building Impact Fees.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management
Plan and the Government Complex Projected Space Plan.
RECOMMENDATIONS: That the Board of County Commissioners approves change order number one
(1) to work order number SCD-FT-05-01 for the design and construction services of the chiller plant
expansion in the amount of $339,920.00; approves Amendment #1 to Contract 05-3850 to increase the
annual total compensation to $2,000,000; and authorizes the Chairman to sign the change order and
Contract Amendment with Spillis Candela DMJM after review by the County Attorney's Office.
PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager, Department of Facilities Management
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MEMORANDUM
Date:
May 16, 2006
To:
Linda Jackson Best, Contract Specialist
Purchasing Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Contract No. 05-3850; "Architectural Engineering
Services for Collier County Government Center"
Awardee: SpilUs Candela DMJM
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #10K) approved by the Board of County Commissioners
on Tuesday, May 9, 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 732-2646 ext.
7240.
Thank you.
Enclosures (3)
CHANGE ORDER ONE (I) TO WORKORDER # SCD-FT-05-01
TO: Steve Berler
FRO\I: Peter S. lIavdcn
Name of Finn
Spillis Candela DMJM
County Department
Facilities Management
Firm Address
800 Douglas Entrance
North To~wer, 2nd Floor
Coral Gables, FL 33134
Address
330 I Tamiami Trail East, Bldg. W
Naples, FL 34112
Project Name: Chiller Plant Expansion
Project No. 52533
Work Order Dated: August 30,2005
Change Order No.: One (l)
Change Order Description:
Work Order No. SCD-FT-05-01
Date: April 20, 2006
This change order is to fund planned phases of the project.
Original agreement amount ...... ...... ...... ...... ........... ..... ...... ..... ....... .... $64,500.00
This Change Order No.1 Amount (add or subtract) ........................$339,920.00
Revised Agreement Amount ............................................................. $404.420.00
Original contract time in calendar days.................................................... 730 days
Adjusted number of calendar days due to previous change orders... . .. .. . ., .. .. . . . ...0 days
This change order adjusted time is.. . .. .. .. .. . .. .. . .. .. . .. .. .. . .. .. .. . .. .. .. .. . .. .. .. .. .. .. .. 0 days
Revised Contract Time in working days...... .... ....... ....... ....... ......... ....... ..0 days
Original Notice to Proceed date .................................................. September 6,2005
Completion date based on original contract time ........................ September 7,2007
Revised completion date due to change order( s) ......................... September 7, 2007
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in said
Agreement indicated above, as fully as if the same were repeated in this acceptance. The
adjustment, to this Agreement shall constitute a full and final settlement of any and all claims
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs. / I/J
preparedb/~~ S~ ~ Date: 'l/J~/Ob
Peter S. Hayden, P.E., Sen' Project Manager ' I
Depa ent Nam
r
Date: 01-/21/0::.
A, Principal
dela DMJM
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It,,'ilge Order i\u, I
Page ::
A pproved by:
S . Camp, epartment Director
Department of Facilities Management
L1 - J 7 -00
Date:" l/
Reviewed by: ~ U . G;tI;#
Stephen . Camel!, Director of Purch'
-/16!JIv Date:'Y--{:) c:[;
nglGeneral Svcs.
Reviewed by:
~~~
R e11 . Zac '-
Assistant County Attomey
Date: 5'-1 5 -01;,
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Approved by: ~ '--/
Chainnan, Board of County Commissioners
Date:S-15-o~
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT will provide professional design and engineering services to complete the Phase 1
recommendations of the "District Cooling Plant Conversion Evaluation and Study" report prepared
by Spill is Candela DMJM and accepted by Collier County. The proposed scope includes:
Design Phase - Schematic Design/Design Development/Construction Documents
1. As- Built Review and site verification of existing conditions.
2. Mechanical demolition design to indicate the removal of the existing 400 ton chiller
(CH-2) and all the associated piping, pumps and cooling tower.
3. Mechanical engineering design to install a new 700 ton chiller. The new chiller shall
occupy the same bay of the one being removed. The design shall also include minor
modifications to the existing primary chilled water and condenser water piping
system to begin preparing these systems for future plant expansion proposed for
subsequent phases.
4. Mechanical engineering design to relocate the point of connection of the chilled
water branch pipes currently serving building H to a location downstream the
secondary chilled water distribution pumps in order to integrate these lines as part of
the existing secondary chilled water distribution system.
5. Mechanical engineering design to retrofit the existing air conditioning system
currently serving the chiller plant. The retrofit shall include conducting HV AC cooling
load calculations to assess the new cooling load demand for this building and
replace the existing air handling units with new equipment as necessary in order to
meet the new loads.
6. Mechanical engineering design to upgrade the existing chiller plant control system to
allow for better monitoring and automatic implementation of the chiller plant
sequence of operation.
7. Electrical engineering design to upgrade the power service as required to
accommodate the proposed mechanical scope of work inclusive of future phase
expansions as described in the "District Cooling Plant Conversion Evaluation and
Study" report.
8. Structural engineering design to reinforce the slab structure to accommodate the
additional weight imposed by the new chiller. The modifications shall also include the
design of a new roof-mounted, steel-frame structure supported by the existing
building columns to allow for the installation of the new cooling tower on the roof.
9. Architectural design work to develop electronic base drawings to be used in the
implementation of the engineering scope of work. The design shall also include
incidental building modifications necessary to accommodate the proposed scope of
work.
10. Design for the replacement of the existing generator with the largest size unit or
combination of units that can fit within the existing generator's room. The design for
shutters or other devices to protect the louvers in the generator's room to prevent
water intrusion during a storm event. The electrical scope of work will cover only the
installation of the new larger generator or combination of units (with the ancillary
equipment needed) and the reconnection of existing loads presently connected to
the generator. Any modifications to the loads connected to the generator will be
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
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considered additional services. This proposal does not include any modifications to
the fuel tank system.
11. Construction cost estimates are not a part of this contract. CONSULTANT shall
coordinate with OWNERS Construction Manager to provide the necessary
information for Construction Manager to provide the construction cost estimates.
Permit and Bidding
1. Provide signed and sealed construction documents to the Construction Manager for
submittal to the Collier County building department to obtain a building construction
permit.
2. Responding to review comments generated by the building department to finalize the
building permit process.
3. Assisting the owner during the bidding process by review of the Guaranteed
Maximum Price furnished by the Construction Manager and working with the
Construction Manager to finalize project costs.
Construction Administration Services
1. Responding to contractor's RFI's as they relate to design work done by our office.
2. Reviewing shop drawings submittals to ensure compliance with construction
documents and specifications.
3. Conducting bi-weekly site visits to report on the project progress.
These services are to be provided in two separate phases. Phase I will include Schematic Design
and Design Development. Phase II will include Construction Documents and Bidding/Construction
Administration. Phase II services shall commence upon completion of Phase I and following
Owner's written authorization to proceed to Phase II. Collier County is to provide as built
documentation of the existing chiller plant, including architectural, structural, electrical, and
mechanical systems. The creation of as-built field drawings by Spillis Candela DMJM (if required)
would be considered additional services. Determination of SDP submittal requirements will occur
during the Schematic Design/Design Development Phase. If the project is required to go through
the SDP submittal process, this process will be considered an additional service.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
2
A design and construction cost for the chiller plant renovations is estimated below:
PROJECT SCOPE
1. Renovations to the existing Collier County Chiller Plant.
a. Phase 1 Chiller Plant Construction
b. Contingency / Cost Escalation @ 10%
Subtotal:
ESTIMATE OF
PROJECT COSTS
$ 2,786,000.00
$ 278,600.00
$ 3,064,600.00
Note: Construction Cost Estimate will need to be verified by the Construction Manager (not a part
of this contract) at the end of the Schematic Design/Design Development Phase to verify the
estimate of construction costs and the scope.
2. Other project costs
a. Testing and administration @ 2% $ 61,290.00
b. AlE Fees $ 330,020.00
c. AlE expenses $ 9,900.00
(printing, travel, Fed Ex, etc.)
Total AlE and County Administrative Fees: $ 401,210.00
Estimate of Total Project Cost: $ 3,465,810.00
3. Fee breakdown/schedule: We are proposing to provide the following services in two phases as
shown below:
PHASE 1
a. Schematic Design/Design Development - 5 weeks
b. Owner review - 1 week
c. Finalize Phase I design - 1 week
d. Expenses
PHASE 2
e. Construction Documents/Bidding - 7 weeks
f. Owner review -1 week
g. Finalize construction documents - 1 week
h. Construction documents/Bidding expenses
i. Permitting - Building permit estimated at 12 weeks
J. Construction Administration - estimated at 12 weeks
k. Record drawings - 1 week
I. Construction Administration Expenses
Total AlE fees/expenses
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
$ 112,644.00
$ inc. in item a
$ 3.465.00
$ 116,109.00
$ 128,736.00
$ inc. in item f
$ 3,960.00
$ inc. in item i
$ 80,460.00
$ 8,180.00
$ 2.475.00
$ 223,811.00
$ 339,920.00
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3
PHASE I: SCHEMATIC DESIGN/DESIGN DEVELOPMENT
Based upon the mutually agreed-upon Project program, schedule and budget by OWNER and
CONSULTANT, CONSULTANT shall prepare, Schematic Design/Design Development
Documents in compliance with OWNER'S design guidelines for approval by OWNER.
OWNER'S acceptance of Schematic Design/Design Development Documents in no way
relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary
for successful construction of this Project.
Consultant shall develop design documents to a level of definitiveness and detail to fix and
describe the size and character of the various Project components and each Project discipline
and system as may be appropriate for this stage of development, including long lead and
special order materials and equipment.
Consultant shall continue developing the architectural, civil, structural, mechanical, electrical,
security, and other discipline's responsibilities that establish the scope and details for that
discipline's work.
All Schematic Design/Design Development Documents prepared by or for CONSULTANT are
subject to OWNER'S review and approval. At completion of the Schematic Design/Design
Development Phase, CONSULTANT shall submit the Schematic Design/Design Development
Documents to the Project Manager for review and comment. CONSULTANT shall respond in
writing to the review comments within 7 calendar days of receipt. Responses shall be
forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the
Schematic Design/Design Development Documents as required by OWNER in order to obtain
OWNER'S written approval and authorization to proceed to the Design Development Phase.
PHASE II: CONSTRUCTION DOCUMENTS
After OWNER'S review and approval of the Schematic Design/Design Development Documents
and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence
the Construction Documents services and perform the following:
Prepare final calculations, Construction Documents setting forth in detail each discipline's
requirements into a cohesive whole based upon the approved Design Development Documents
and consultations with OWNER'S Project Manager.
All Construction Documents prepared by or for CONSULTANT are subject to OWNER'S review
and approval. At completion of the Construction Documents Phase, CONSULTANT shall
submit the Construction Documents to the Project Manager for review and comment.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
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CONSULTANT shall respond in writing to the review comments within 7 calendar days of
receipt. Responses shall be forwarded directly to the OWNER'S Project Manager.
CONSULTANT shall revise the Construction Documents as required by OWNER to obtain
OWNER'S written approval of such documents.
PHASE II: BIDDING
CONSULTANT shall cooperate with and assist OWNER by review of the Construction
Managers Guaranteed Maximum Price:
CONSULTANT shall provide the Construction Manager with one electronic copy of the
Construction Documents and all other bidding documents prepared by or for CONSULTANT.
CONSULTANT shall assist Construction Manager in reviewing, evaluating and advising
OWNER regarding bids. CONSULTANT shall attend the pre-bid conference and shall be
responsible for developing and providing to OWNER any addenda to the Contract Documents
that result from those conferences.
CONSULTANT shall prepare any required addenda to the Construction Documents, submit
addenda for OWNER review and approval, and distribute all required copies to all necessary
parties as determined and approved by OWNER. CONSULTANT shall respond only to
questions or requests for clarifications concerning the Construction Documents submitted in
writing by Construction Manager. Written questions by bidders during bidding shall be
answered by the CONSULTANT through the issuance of Addenda through the Owner's Project
Manager.
PHASE II: CONSTRUCTION
CONSULTANT shall keep OWNER apprised of all contacts and/or communications between
CONSULTANT and Contractor. OWNER shall be copied on all correspondence between
CONSULTANT and Contractor. All contacts and/or communications between CONSULTANT
and the various subcontractors shall be routed through Contractor.
During the Construction Phase, CONSULTANT shall provide the following services:
. Process, review, respond and distribute shop drawings, product data, samples,
substitutions and other submittals required by the Construction Documents within five (10)
business days.
. Maintenance of a master file of all submittals, including submittal register, made to
CONSULTANT, with duplicates for OWNER. OWNER'S copy shall be in electronic/CD
format and submitted at time of Substantial Completion.
. Construction field observation services consisting of visits to the Project site as frequently
as necessary, but not more than (once every two weeks), to become generally familiar with
the progress and quality of the Work and to determine in general if the Work is proceeding
in accordance with the Construction Documents. When CONSULTANT discovers portions
of the Work which do not conform to the Construction Documents, CONSULTANT shall
recommend to Owner to reject such Work. Provide a written report of each visit, within five
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
5
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11
"
(5) business days from the CONSULTANT'S site visit, to the OWNER'S Project Manager.
This field observation requirement shall apply to any subconsultants or subcontractors of
CONSULTANT at appropriate construction points.
. CONSULTANT, as representative of OWNER during construction, shall advise and consult
with OWNER. Through its on-site observations of the Work in progress and field checks of
materials and equipment, CONSULTANT shall endeavor to provide protection for OWNER
against defects and deficiencies in the Work of Contractor and the various subcontractors of
Contractor.
. Prior to the first Application for Payment, the CONSULTANT shall review the Contractor's
Schedule of Values and recommend adjustments. Based on such observations at the site
and on the Applications for Payment submitted by the Contractor, CONSULTANT shall
recommend the amount owing to Contractor and shall acknowledge the Application for
Payment initially completed by the Contractor for such amounts. The issuance of Certificate
of Payment shall constitute a representation by CONSULTANT to OWNER that: (i) the
Work has progressed to the point indicated; (ii) that to the best of CONSULTANT'S
knowledge, information and belief, the quality of the Work is in accordance with the
Construction Documents subject to minor deviations from the Construction Documents
correctable prior to completion, and to any specific qualifications stated in the Application for
Payment; and (iii) Contractor is entitled to payment in the amount certified.
. CONSULTANT shall review claims for extra compensation, or extensions of time from
Contractor, make written recommendations to OWNER within five (5) business days
concerning validity, and prepare responses for OWNER.
. CONSULTANT shall be, in the first instance, the interpreter of the requirements of the
Construction Documents. CONSULTANT shall render opinions on all claims of Contractor
relating to the execution and progress of the Work and on all other matters or questions
related thereto. CONSULTANT'S decisions in matters relating to artistic effect shall be final
if consistent with the intent of the Construction Documents, subject to OWNER'S approval.
CONSULTANT shall review for comment or approval any and all proposal requests,
supplemental drawings and information, substitutions, value engineering suggestions and
change orders.
. Prepare, reproduce and distribute supplemental drawings, specifications and interpretations
in response to requests for clarification by Contractor or OWNER as required by
construction exigencies. CONSULTANT'S response to any such request must be received
by OWNER and Contractor within five (5) business days. CONSULTANT will review and
respond to all submittals from Contractor, including but not limited to shop drawings, within
a reasonable period of time so as not to delay the progress of the Work, but in no event,
more than five ( 10) business days, unless OWNER expressly agrees otherwise in writing.
Review of Contractor's submittals is not conducted for the purpose of determining the
accuracy and completeness of other details, such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of Contractor as required by the Contract Documents.
CONSULTANT'S review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by CONSULTANT, of any construction means, methods,
techniques, sequences or procedures. CONSULTANT'S approval of a specific item shall
not indicate approval of an assembly of which the item is a component.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
6
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. CONSULTANT shall review and provide written comment upon all Change Orders requests
by the Contractor, as well as any cost estimate associated with a Change Order request,
prepared by Contractor. Upon agreement by the OWNER, the CONSULTANT shall
prepare and provide Work Change Directives to the OWNER for approval and issuance to
the Contractor and revise the Construction Documents accordingly.
. CONSULTANT shall review the Project schedule, subcontractor construction sChedule(s),
schedule(s) of shop drawing submittals and schedule(s) of values prepared by Contractor
and advise and/or recommend in writing to OWNER concerning their acceptability.
. CONSULTANT shall attend meetings with Contractor, such as preconstruction conferences,
progress meetings, job conferences, pre-closeout meetings and other Project-related
meetings.
. Receive notice from Contractor if other work related to the Project by OWNER'S own
forces, by utility owners, or by other direct contractors will involve additional expense to
Contractor or require additional time and promptly advise OWNER in writing.
· Receive copies of all accident reports submitted by Contractor.
. Review the Work to confirm that to the best of our knowledge the plans and facility comply
with the current Florida Building Code. Report any discrepancies observed or noted to
OWNER. The applicable building permit office will prepare and issue the Certificate of
Occupancy at the appropriate time to the Contractor, on the form approved by OWNER
. CONSULTANT shall assist in the OWNER'S Project closeout process. Upon notice from
Contractor, and with the assistance of OWNER, CONSULTANT shall conduct the
Substantial Completion inspection and if appropriate issue the Certificate of Substantial
Completion. Review and comment upon, and supplement as appropriate, the punch lists to
be prepared by Contractor. Notify Contractor in writing of work not complete.
. Upon notice from Contractor, conduct final inspections and assist OWNER in final
acceptance of Project. If appropriate, issue the Certificate of Final Inspection on the form
approved by OWNER.
. Throughout the Construction Phase, CONSULTANT shall review Contractor's marked-up
"As-Built" drawings and Project Manual/Specifications, on a regular basis, and at least
monthly prior to certification of Contractor's monthly payment application, to verify that
Contractor is regularly updating the "As-Builts." After Contractor provides CONSULTANT
with its marked-up "As-Built" drawings and specifications, CONSULTANT will revise the
final approved Construction Documents to incorporate all "As-Built" information contained in
the Contractor's marked-up "As-Built" drawings and specifications, as well as to reflect all
addenda, contract changes and field changes (sometimes referred to herein as the "Record
Documents"). CONSULTANT shall provide OWNER with one (1) electronic copy on
compact disk (CD) of the Record Documents, two sets of the conformed, signed and sealed
drawings and prints, and two sets of the conformed Project Manual/Specifications signed
and sealed. The electronic copy on CD of the Record Documents shall be provided in
AutoCAD.dwg format, "purged and bound", and compatible with OWNER'S system
Contents of CONSULTANTS Record drawings are conditioned upon the accuracy of the
information and documents provided by the construction contractor.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
1 {)J-
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7
SERVICES RELATING TO ALL PHASES:
OWNER shall provide timely responses and information to maintain the project schedule.
Prompt written notice shall be given by the OWNER to the CONSULTANT if the OWNER
becomes aware of any fault or defect in the project or noncomformities with the contract
documents.
Notwithstanding any other provision of this Agreement, the CONSULTANT and subconsultants
shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure
of persons to hazardous materials in any form at the project site, including but not limited to
asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances.
Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of
and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety measures, precautions and programs including enforcement of Federal
and State safety requirements, in connection with construction work performed by OWNER'S
construction contractors.
ADDITIONAL SERVICES:
The services described below are not included in Basic Services unless so identified previously
in this work order, and they shall be paid for by the OWNER as provided in this agreement, in
addition to the compensation for Basic Services. The services provided below shall only be
provided if authorized in writing by the OWNER.
. CONSULTANT shall update the campus Master Plan drawings to reflect the current as built
condition related to the overall Master Plan goals.
. Providing SDP submittal services in conjunction with the design of the chiller plant.
. Providing Civil Engineering or Landscape Architecture services in conjunction with this
project.
. CONSULTANT will be required to develop a cost estimate as part of the Schematic
Design/Design Development Documents and/or the Construction Documents phase and
bring to OWNER'S attention in writing any variances between that updated cost estimate
and OWNER'S approved Project construction budget. Cost estimate format shall be
subject to OWNER'S approval and may require electronic submission of cost estimate
information. If CONSULTANT'S updated cost estimate or any other estimate prepared by
or for OWNER based upon the Design Development Documents indicate that construction
costs will exceed OWNER'S approved Project construction budget, OWNER may elect to
modify its budget and/or require CONSULTANT to revise the Design Development
Documents to bring them within OWNER'S approved Project construction budget. For cost
changes associated with design changes within the architects control CONSULTANT shall
be solely responsible for all costs and expenses which it may incur in revising the Design
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
IOK
8
Development Documents to bring them within OWNER'S approved Project construction
budget. Since CONSULTANT has no control over local conditions, the cost of labor,
materials, equipment or services furnished by others, or over competitive bidding or market
conditions, CONSULTANT does not guarantee the accuracy of any opinions of probable
construction cost as compared to construction contractor's bids or the actual cost to the
OWNER.
. Any modifications to the loads connected to the generator will be considered additional
services. Any modifications to the fuel tank system will be considered additional services.
. Any construction administration services required beyond the schedule period set forth in
Exhibit B Project Milestone Schedule will be considered extended construction
administration and will therefore be considered additional services.
. Assist OWNER and Contractor in the training of the facility operation and maintenance
personnel with respect to the proper operations, schedules, procedures and inventory
controls for the various Project equipment and systems. Such assistance shall include
assisting OWNER in arranging for and coordinating the instruction and training on
operations and maintenance of the Project's equipment and systems in conjunction with the
various manufacturer representatives. Further, CONSULTANT is to attend all such training
sessions, unless otherwise consented to by OWNER in writing.
. Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy
and at six (6) and eleven (11) months after issuance of the Certificate of Substantial
Completion. During each facility visit, CONSULTANT shall observe, troubleshoot and
advise in the operation of building systems. This shall not relieve CONSULTANT of its
obligation to make other visits to the facility based on need should specific issues arise.
. Submit a facility and equipment review schedule to OWNER at the time of Substantial
Completion. Perform reviews of facilities and equipment prior to expiration of warranty
period(s) to ascertain adequacy of performance, materials, systems and equipment. Submit
a written report to OWNER
. If more extensive representation at the site than is described is required, the architect shall
provide one or more project representatives to assist in carrying out such additional on-site
responsibilities.
. Making revisions in Drawings, Specifications of other documents when such revision are:
a. inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project Budget.
b. required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents; or
c. due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
9
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. Providing services required because of significant changes in the Project including, but not
limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction.
. Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of
such Work.
. Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor or by failure of performance of either the Owner
or Contractor under the Contract for Construction.
. Providing documents in connection with public hearing, arbitration proceeding or legal
proceeding except where the Architect is party thereto.
. Providing analyses of the Owner's needs and programming the requirements of the Project.
. Providing financial feasibility or other special studies.
. Providing special surveys, environmental studies and submissions required for approvals of
governmental authorities or others having jurisdiction over the project.
. Providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
. Providing coordination of construction performed by separate contractors or by the Owner's
own forces and coordination of services required in connection with construction performed
and equipment supplied by the Owner.
. Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories
of material, equipment and labor.
. Providing analyses of owning and operating costs.
. Providing interior design and other similar services required for or in connection with the
selection, procurement or installation or furniture, furnishings and related equipment.
. Making investigations, inventories of materials or equipment, or valuations and detailed
appraisals of existing facilities.
. Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
. Providing services after issuance to the Owner of the final Certificate for Payment or in the
absence of a final Certificate for Payment, more than 60 days after the date of Substantial
Completion of the Work.
. Providing services of consultants for other than architectural, structural mechanical and
electrical engineering portions of the Project provided as part of Basic Services.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
10
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. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural practice.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
11
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EXHIBIT B
PROJECT MILESTONE SCHEDULE
1. Upon the Notice to Proceed issued by OWNER, the Schematic Design/Design
Development documents shall be submitted to OWNER within (7) weeks after the date of
such Notice (Schematic Design/Design Development - 5 weeks, Owner review - 1 week,
Finalize Phase I Design -1 week).
2. Upon authorization by OWNER to commence the Construction Document/Bidding service,
the Construction Documents will be submitted to OWNER within (9) weeks after
authorization to proceed (Construction Documents/Bidding - 7 weeks, Owner review - 1
week, Finalize construction documents - 1 week). Upon incorporation of Owner comments
project will be submitted for permitting. Permitting time is estimated at a minimum of 12
weeks and will vary depending on permit comments and SDP submittal applicability and
requirements.
3. Construction Administration Phase Services to be provided in accordance with the
Construction Managers construction schedule. If Construction Administration Phase
services are required beyond the accepted construction schedule those services would be
considered extended construction administration phase services and would therefore be
additional services.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
"":1-,
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Mr. Peter Hayden
Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make lump
sum payments to CONSULTANT in accordance with percentage completion per phase, with the
terms stated below. Payments will be made monthly in accordance with the following Schedule
of values.
PHASE I
ITEM LUMP SUM FEE FOR: FEE
1. Proqramminq $ N/A
2. Phase I - Schematic Desian/Desian Development $ 112,644.00
3. Phase 1 - Expenses $ 3465.00
Phase 1- Total Fee $ 116,109.00
PHASE II
ITEM LUMP SUM FEE FOR: FEE
1. Phase II - Construction Documents/Biddina $ 128,736.00
2. Phase II - Construction Administration $ 80,460.00
3. Phase II - Record Documents $ 8,180.00
4. Phase II -Expenses $ 6,435.00
Phase II - Total Fee $ 223,811.00
B.2.2. The fees noted in Section 2.1. shall constitute for:
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
13
Phase I
(One Hundred Sixteen Thousand One Hundred Nine)................................. $ 116,109.00
Phase II
(Two Hundred Twenty Three Thousand Eight Hundred Eleven) ............... $ 223,811.00
to be paid to CONSULTANT for the periormance of the Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be periormed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the periormance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable and such disputed fees do not exceed
10% of the total basic service fees for such services.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally,
the number of the purchase order granting approval for such services shall appear on all
invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
must include the Purchase Order Number and Project name and shall not be submitted
more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
as per Standard Billing Rates and for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
14
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B.3.4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or
additional services must comply with OWNER'S then current standard
reimbursable expense policy, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement.
B.3.4.1.2. Mileage outside of Lee and Collier County approving in
writing by OWNER.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Other items on request and approved in writing by the
OWNER.
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
lOK
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EXHIBIT C
STAFFING
Key personnel assigned by CONSULTANT to the services under this work order:
· Spillis Candela DMJM
Don Dwore, AlA
Enrique Macia, AlA
Steve Berler
Jorge Perez
Hector Seiglie, PE
Erick Gonzalez, PE
Emilio Rivero, PE
Ovidio Rodriguez, PE
Key Subconsultants to be assigned to the services under this work order:
. NA
COLLIER COUNTY GOVERNMENT CENTER
District Cooling Plant Conversion Phase 1
16
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
, Of(
PROJECT NAME: Chiller Plant Expansion PROJECT #: 52533
BIDIRFP #: 05-3850 MOD #: Chane:e Order 1 PO#: 45000049822 WORK ORDER #:SCD-FT-05-01
DEPARTMENT: Facilities
Original Contract Amount:
$ 64.500.00
(Starting Point)
Current BCC Approved Amount:
$N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 64.500.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 339.920.00
Revised Contract/Work Order Amount:
$ 404.420.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 339.920.00
Date of Last BCC Approval N/A
Agenda Item N/ A
Percentage of the change over/under current contract amount 527%
Formula: (Current Amount / Last BCC approved amount)-l
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work order thresholds, please refer to the Contract Adrninistration Procedures,
Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: September 2007 CURRENT: September 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner requested a proposal from Spillis Candela to
provide desie:n & construction services for chiller plant expansion.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional
services are required for the chiller plant expansion to provide chilled water for the Annex project.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camp. Linda Jackson
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implernented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED BY:
ION: This form is to be sig9~~ndAk.ted.
Date: cjl.!.?~
Date: 'Ill. 7 (de
PROJECT
APPROVE
G:\Construction & Capital Items\52533 Courthouse Annex\Chiller Plant Expansion\Contract Mod Checklist Change Order Number l.doc
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PRODUCER
Marsh Risk & Insurance ServIces
CA Ucense #0437153
n7 Soulh Agueroa Street
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
CERTIFICATE NUMBER
LOS-0004764B8-03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
6510 -AECOM-CAS-2006
INSURED
SPILL .
PWEIE CORAL FL
OOMPANY
A ACE American Insurance Company
COMPANY
B
SPILUS CANDELA & PARTNERS, INC.
dIbIa SpilUs Candela DMJM
800 DOUGLAS ENTRANCE, 2ND FLOOR
CORAL GABLES, FL 33134
COM.PANY
C illinois Union Insurance Company
COMPANY
ON/A
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THIS IS TO CERTIFY TliAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING AllY REQUIREMENT. TERM OR CONDmOlll OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCWSIONS OF SUCH POLICIES. AGGREGATE
UMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POUCY EFFECTIVE POLICY EXPIRATION UMITS
DATE (MMIODIYYl DATE (MMIODIYY)
04/01/06 04/01/07 GENERAL AGGREGATE $ 1,000,000
PRODUCTS. COMPIOP AGG $ 1,000,000
$ 1,000,000
$ 1,000,000
$ 1,OOO,Oqo
$ 5,000
04101/06 04/01/07 COMBINED SINGLE LIMIT $ 1,000,000
BODILY INJURY $
(Per persDII)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
GENERALUABIUTY
"HDO G20590695"
X COMMERCIAL GENERAL LIABILITY
Cl.AIMS MADE [8J OCCUR
OWNER'S & CONTRACTOR'S PROT
A AUTOMOBILE UABIUTY
X Am AUTO
ALL OWNED AUTOS
SaiEDULED AUTOS
HIREO AUTOS
NON.QWNEO AUTOS
"'SA H08222186"
THE PROPRIETORI
PARTNERS/EXECUTIVE
OFFICERS ARE:
INCL
EXCL
EON G21654693 002
'.CLAIMS MADE.'
$
EL DISEASE-POliCY LIMIT $
EL DISEASE-EACH EMPLOYEE $
$5,000,000
PERCUijMVAGGREGATE
DEFENSE INCLUDED
GARAGE UABlUTY
ANY AUTO
EXCESS UABIUTY
,UMBRElLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
C
ARCHITECTS & ENG.
PROFESSIONAL LIAS.
04/01/06
04/01/07
DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES/SPECIAL ITEMS
RE: Project: Collier County Government Center (AlE Services) .
COLLIER COUNTY IS NAMED AS ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON
BEHALF OF THE NAMED INSURE;D.
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COLLIER COUNTY
PURCHASING DEPARTMENT
3301 TAMIAMI TRArL EAST, BUILDING G
BOARD OF COUNTY COMMISSIONERS
NAPLES, FL 34112
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFOROING COVERAGE WILL ENOEAVOR TO MAIL --3.D OAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATiON 011
LIABIUTY OF ANY ~INO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPREseNTATIVES, 011 THE
ISSUER OFTHIS CERTIFICATE.
MARSH USA INC.
BY: David Denihan
(
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PRODUCER
Aon Risk Services, Inc. of Southern Carlfornla
707 Wilshire Bourevard, Su~e 6000
Los Angeles, California 90017
(213) 630-3200
'OM
CODE
INSUREO
SUB.cooe
Spilfis Candela & Partners, Inc.
d/b/a Spillis Candela DMJM
800 Douglas Entrance, North Tower 2nd Floor
Coral Gables, FL 33134
],.
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ISSUE DATE (MM/DOJ'N)
3/3112006
THIS CERTlFlCAT1:IS rsSUEDAS A MATn:R OF INFORMATION ONLY ANOCONFERS NO
RIGHTS UPON niE CERTIFICATE HOLDER. THIS CERTlFlCAT1: DOES NOT AMEND,
EXTEND OR AL T1:R THE COVERAGE AFFORDED BY TliE POliCIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
lET11!R
cOWPANY
lETTER
COMPAI<V
LETTeR
Insurance Company of the State of PennSYlvania
A
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National Union Fire Insurance Company
COMPANY
lETTER
CO....ANY
lETTER
D
E
THIS IS TO CERTIFY THAT POUCIES OF INSURANCE UST1:0 BelOW HAVE BEEN ISSUED TO niE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDlCAT1:0. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONomON OF ANY CONTRACT OR OTHER DOCUMENT WI1H RESPECT TO WHICH THIS
CERTlFICAT1: MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL niE TERMS,
EXCLUSIONS, AND CoNDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER Pouev EFFECTIVE Pouev ElCPIMTlOJI ALL UMITS IN lHOUSANOS
lTR DAn;: (MlNOONY) DATE (MMID
GENERAl. UABlLlTY
CCIM.IlERClloL OENERAllWlll.lTY
CI.AIMSM',DE OCCURRENCE
CMtlERS & CONTRACTORS PROTEC'T1VE
AUTOMOBILE UABIUlY
ANYAlJI'O
AU. OWNED AtlTos
SQiEDULED AlJI'os
HIREOAlJI'OS
NOli-OWNED AUTOS
GARAGE LWllLlTY
EXCESS L1ABUTY
UMBRELLA FORM
OlHER THAN UMlIRElLA FORlII
A
A
B
A
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC4786252 (AOS)
WC4786253 (OA)
WC4786577 (y{1,OH,WA,WY)
WC4786254 (Fl.)
WC4786576 (OR)
OTHER
GENERAl t.GOREOATE $
PRODUCTs.coMPlOPS A_EGATE $
PERSONAL & AllYEllTISING IN,J\IRY $
IW:H OCCUllRENCE $
FIRE DNMGE (ANY ot<E FIRE) $
MEDICAL EXPENsE (ANY ONE PERSON) $
CSL.
eOPll Y INJURY
(PER PERSON)
POOIlY INJURY
(pERAcclPENT)
PROPERTY llAMAGE
4/112006
4/112006
4/112006
4/112006
4/112008
EACH AGGREGATe
OCCURRENCE
$ $
4/112007
4/112007
4/112007
4/112007
4/112007
$
$
$
1,000 (EACH ACCIDENT)
1,000 (DISEASE PQUCV LIMIT)
1,000 (llm'ASE EACH EW'l0YEe)
DESCRIPTION OF OPERATIOt/S/LOCATlONSNE!iICLESJRESTRICTlONSJSPEClAl ITEMS: SCPISCDMJM1()114
Project: Comer County Government Center (AlE Services)
A Waiver of Subrogation is afforded to the certificate holder where required by written conlract. See attached Waiver of Subrogation endolSem8llt. Cancellation Provision shown
herein is subjeclto shorter or longer lime perIods depending on the jurisdIction of, and reason for. the cancellarion.
. t~~.L_Rl~lm&t~~~1i~tllii@i1~Jg~~i@~~irl~~~m~1}~~,:~.;.
Collier County
Purchasing Department
3301 Tarniami Trail East, Building G
Board of County Commissioners
Naples, FL 34112
mlAtJI<<t##iN~mWlfi"i~1t(~U~-=t&t.t~~ii~f.~llit;tmi~.m.fmi~:;~;;;Ji~: ..~:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE
EXPIRATION DATE niEREOF, niE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CE~TlFlCAT1: HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO oaUGA nON OR UABIUTY
OF ANY KlND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
4. ~...t - . ,;,' ~.i' <,?,.,J , A IA...~. . .-If. ... .-. . .
.~~$ ~ .::i~. ~~<~ ~ .w~IV.4 ,~~tt.'t >~~:z,~
: :.~.
lOr
. WAIVER OF OUR R1GHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date
Is indicated below.
(The following "attaching clause- need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective 12:01 AM
41112000 fonns a part of Policy No. WC4786252 (AOS)
Issued to AECOM TECHNOLOGY CORPORATION
By Insurance Company of the State of Pennsylvania
Premium
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. This agreement applies only to the extent that you perfonn work
under a written contract that requires you to obtain thIs agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Collier County
~.
This fonn is not applicable in Canfomia, New Jersey. Pennsylvania, or Texas
we 000313
(Ed. 4184)
Countersigned by
/~,r/k(.
Authorized Representative
'Ur'"'
..
~
,
I
EXHIBIT A-I Contract Amendment #1 for
Contract # 05-3850 - "Engineering Services for the Collier County Government Center"
This amendrnent, dated this ~ day of ~ - , 2006 to the referenced agreement shall be by and
between the parties to the original agreeme~la DMJM (to be referred to as "Contractor") and
Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
To replace Article I, Consultant's Responsibility, Section 1.2 with the following:
All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the
scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein.
The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with
respect to authorization of Services, includes all written Amendments to any particular Work Order.
CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless
otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for
all Work Orders issued under this Agreement shall not exceed $2,000,000 annually, unless otherwise approved in
writing by the Board of County Commissioners of Collier County.
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.
CONSULTANT:
/--'
r i I C
'-(-ClCtQ l( ') L,'
FIRST WITNESS
LAtA_VA (4rr,A l-e ([)
~)~
SECOND WITNESS
~}'1WBk( F, e~<.AEf-
TypelPrint Name
By:
~ I&UG" ~tn l PeiNC1f.4t
Type/Print Name and title
Dated: C>~ /0'2-/ '7-00 t-
Approved as to form and
Le~~~~
RZ~ -.2. ary
Assistant County Attorney
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER ~U4R1DA
By: ~ ~.-/
Frank Halas, Chairman
CL E RK
1)~
" puty Clerk
Atttst, ~s ~Cbaf~ ,
Signature on".
Commercial Contract
FLORIDA ASSOCIATION OF REALTORS@
14A
2' agrees to buy and
Plumeria Enterprises, LLC
("Buyer")
("Seller")
l' 1. PURCHASE AND SALE:
Collier County Community Redevelopment Aqency
3' agrees to sell the Property described as: Street Address: Please see attached Addendum.
4'
5' Legal Description: Lengthy leqal. Please see attached Addendum.
6'
7' and the following Personal Property: N / A
8'
9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is
10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5
11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a
12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day.
13' 2. PURCHASE PRICE: $ 4,600,000.00
14' (a) Deposit held in escrow by $ 50,000.00
15' (b) Additional deposit to be made within days from Effective Date $
16' (c) Total mortgages (as referenced in Paragraph 3) $
17' (d) Other: $
18' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ 4,550,000.00
19 certified or cashier's check or wire transfer.
20' 3. THIRD PARTY FINANCING: Within
days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for
21' third party financing in the amount of $
or
% or the purchase price to be amortized over a period of _
22' years and due in no less than years and with a fixed interest rate not to exceed 0 % per year or variable interest rate not
23' to exceed 0 % at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows:
24'
25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit,
26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining
27* financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within _ days from
28 Effective Date ("Financing Period"), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be
29 returned to B~yer in accordance with P~~h 9.
30' Buyer (~ (~ and Selle~ ~ (-> acknowledge receipt of a copy of this page, which is page 1 of 5 Pages.
CC.2 @1997 Florida Association of REAL TORSiIli All Rights Reserveo
John R. Wood Inc. REAL TORS 3255 Tamiami Trail North Naples, FL 34103
Phone: Fax: Michael O'Mara
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". 4. TITLE: S~ler has lhe legal capacily 10 and will convey marketable tiUe to lhe Property by IXI statutory warranly Ide~ iJ
32* 0 other , free of liens, easements and encumbrances of record or known to Seller,
33 but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list any
34* other matters to which title will be subject)
35*
36 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as
37*
38* (a) Evidence of Title: Seller will, at (check one) 0 Seller's lXI Buyer's expense and within ~ days lXI from Effective Date
39* 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one)
40* IX! a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in
41 the amount of the purchase price for fee simple title subject only to exceptions stated above.
42* 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm.
43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as
44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format
45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all
46 documents recited in the prior policy and in the update.
47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title
48 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper
49* written notice and Seller cures the defects within 21 days from receipt of the notice ("Curative Period"). If the defects are
50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may
51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are
52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to
53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in
54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract
55 charges and title examination.
56 (c) Survey: (check applicable provisions below)
57* IX! Seller will, within 7 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and
58* engineering documents, if any, and the following documents relevant to this transaction: all reasonable requests for
59* Buyer to complete a thorough Due Diliqence analysis. , prepared for Seller or in Seller's
60 possession, which show all currently existing structures.
61* iii Buyer will, at 0 Seller's IX! Buyer's expense and within the time period allowed to deliver and examine title evidence,
62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the
63* Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing
64* encroachments IX! such encroachments will constitute a title defect to be cured within the Curative Period.
65 (d) Ingress or Egress: Seller warrants that the Property presently has ingress and egress.
66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing.
67* 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Collier County, Florida on
68* or before the July 7 ,2006 or within _ days from Effective Date ("Closing Date"), unless otherwise extended
69* herein. 0 Seller IX! Buyer will designate the closing agent. Buyer and Seller will, within 60 days from Effective Date, deliver to
70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender
71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract.
72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed.
73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge
74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances.
75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignment of leases, updated rent roll,
76 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of
77 the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information
78 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors
79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth
80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer
81 will provide the closing statement, mom. a;d notes, security agreements and financing statements,
82* Buyer (~ (-> and Seller ( (~ acknowledge receipt of a copy of this page, which is page 2 of 5 Pages.
CC.2 @1997 Florida Association of REAL TORS@ All Rights Reserved
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14A
83* (C) Taxes, Assessments, Prorations: The following items will be made current and prorated Ii] as of Closing Date
84* 0 as of : real estate taxes, bond and assessment payments assumed by Buyer, interest,
85* rents, association dues, insurance premiums acceptable to Buyer, operational expenses and N I A .
86 If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due
87 allowance being made for improvements and exemptions, Seller is aware of the following assessments affecting or potentially
88* affecting the Property: Seller will disclose, if applicable. .
89 Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the
90 improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment.
91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a
92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign person" as defined
93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing,
94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required
95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds
96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S.
97* 6. ESCROW: Buyer and Seller authorize
98* Telephone: Facsimile: Address:
99* to act as "Escrow Agent"
100 to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow
101* Agent will deposit all funds received in 0 a non-interest bearing escrow account 0 an interest bearing escrow account with
102* interest accruing to with interest disbursed (check one) 0 at closing
103* 0 at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow
104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually
105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the
106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon
107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items
108 previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter
109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or
110 interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with
111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor
112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of
113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence.
114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, ordinary
115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties
116 other than marketability of title. By accepting the Property "as is", Buyer waives all claims against Seller for any defects in the
117 Property. (Check (a) or (b))
118* 0 (a) As is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition.
119* I[] (b) Due Diligence Period: Buyer will, at Buyer's expense and within 60 days from Effective Date ("Due Diligence Period"),
120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of
121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and
122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering,
123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision
124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional
125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with
126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems
127 appropriate to determine the suitability of the Property of Buyer's intended use and development. Buyer shall deliver written notice
128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable.
129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition.
130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence
131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the
132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs,
133 claims and expenses of any nature, including attorneys' feas at all 10'Iels, and from liability to any person, arising from the conduct of
134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien
135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall
136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of
137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the
138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be
139 immediately returned to Buyer and the Contract terminated.
pf ~
140*Buyer(~ (~ and Seller (-/fLJd (~ acknowledge receipt of a copy of this page, which is page 3 of 5 Pages.
CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved
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Plumefla Enter
141 (C) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties,
142 conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that all
143 Property is on the premises.
144 (d) Disclosures:
145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained
148 from your county public health unit.
149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real
150 Property.
151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business
152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the
153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or
154* Buyer's intended use of the Property will be permitted IX! only with Buyer's consent 0 without Buyer's consent.
155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and
156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in
157 accordance with applicable Florida laws and regulations.
158 10. DEFAULT:
159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title
160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If
161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee.
162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s)
163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in
164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the
165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained
166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee.
167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party,
168 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost and
169 expenses.
170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed
171 real estate Broker other than:
172* (a) Listing Broker: Michael 0 'Mara & Jordan 0 'Mara
173* who is IX! an agent of John R. Wood, rnc., Real tors IX! a transaction broker 0 a nonrepresentative
174* and who will be compensated by IX! Seller 0 Buyer 0 both parties pursuant to IX! a listing agreement 0 other (specify)
175*
176*
177*
178*
14 f~
(b) Cooperating Broker: Michael 0' Mara & Jordan 0 I Mara
who is IX! an agent of John R. Wood, rnc., Real tors
and who will be compensated by 0 Buyer I&J Seller 0 both parties pursuant to
cooperating broker 0 other (specify)
,
IX! a transaction broker 0 a nonrepresentative
IX! an MLS or other offer of compensation to a
179*
180*
181*
182*
183*
184*
185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries,
186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker
187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and
188 from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2)
189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or
190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services
191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of ~r-Seller.
192* 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable
193* IX! is assignable. The terms "Buyer,' "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer, Seller
194 and their~eiJ;>,) personal representative~ssors and assigns (if assignment is permitted).
195* Buyer ( I I- (-> and Seller ( (-> acknowledge receipt of a copy of this page, which is page 4 of 5 Pages.
CC.2 @1997 Florida Association of REAL TORSil!I All Rights Reserved
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196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this Contract):
197* 0 Arbitration 0 Seller Warranty 0 Existing Mortgage
198' 0 Section 1031 Exchange 0 Coastal Construction Control Line 0 Other
199' 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other
200' 0 Seller Representations 0 Seller Financing 0 Other
201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of
202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents
203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for
204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail
205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue
206 to be fully effective. This Contract will be construed under Florida law and will not recorded in any public records. Delivery of any
207 written notice to any party's agent will be deemed delivery to that party.
208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY
209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE
210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE,
211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF
212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND
213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL
214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC
215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY
216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY
217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
14A
218' DEPOSIT RECEIPT: Deposit of $
219' , _ by
220
byD
check 0 other
received on
Signature of Escrow Agent
221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a
222' signed copy delivered to Buyer or Buyer's agent "0 later than 1: 00 0 a.m. IX! p.m. on May 30 ,2006 ,
223 Buyer may revoke this offer an~de ive a re:2 ..of all deposits.
224' Date: 5"-10-0' BUYER: _ ~ TaxlDNo:
Co lier County Community Redev
225' Title: velopment Agency Telephone: Facsimile:
226' Address:
227* Date:
BUYER:
Tax ID No:
228'
Title:
Address:
Telephone:
Facsimile:
229'
230' ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (D subject to the
231 attached c~n~r offer). ~ 1 /?' ~';1-, I
232' Date: 5..J.6..~ SELLER: ~ 'I..J.~~. , ~ Tax ID No:
P umeria En rises, LLC
233' Title: Managing Membe Telephone: (239) 566-7033 Facsimile: (239) 566-3536
234' Address: P.o. Box 771240, Naples, FL 34107
235' Date:
SELLER:
Tax ID No:
236' Title: Telephone: Facsimile:
237' Address:
238' Buyer (lL (-> and Seller ( (-> acknowledge receipt of a copy of this page, which is page 5 of 5 Pages.
The Florida Association of REAL TORS@ makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction.
This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate
industry and is not intended to identify the u~a~& I3EA..L TOR@.REALTOR@isaregisteredcollectivemembership mark which may be used only by real estate
licensees who are members of the NA Tlow,t ASS'OOIAJION OF REAL TORS@ and who subscribe to its Code of Ethics.
The copyright laws of the United States>(t7 u.~;,90de)~jd the unauthorized reproduction of this form by any means including faCSimile or computerized forms,
CC-2 @1997 Florida Association ofR€AL TOR$@ A1i-fi9h~!served Approved u to form & 'Ig.' lufflelenay .
A~:- , ' :~. arvi.~~' ~ -.fJt;tVt(i
P"",red "thZIpFo~~.. . ' .I,'Ul:MM;J;" RMd. Clioloo T~~~ i'1,m.", Eom,
Attest 'I to Ch4t~k
'311~naturf on 111 Deputy Gterk
Addendum to Contract
FLORIDA ASSOCIATION OF REAL TORS@
14A
Addendum No.
One
to the Contract dated
May 30, 2006
between
Plumeria Enterprises, LLC
(Seller)
and
Collier County Community Redevelopment Agency
(Buyer)
concerning the property described as:
Please see attached Addendum.,
(the "Contract"). Buyer and Seller make the following terms and conditions part of the Contract.
1.) Legal Descriptions:
A.) The West 425 feet of Lot 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2, in
Plat Book 1, Page(s) 27-T, Less the East 200 feet and West 25 feet thereof, Public Records
of Collier County, Florida
B.) N G & T C L F NO.2 EAST 300 FEET OF W 425 FEET OF LOT 109. Folio No. 6184090006
Strap No. 504400 109.0015A14 1.72 acres/MOL
C.) All of Lot 108, less and excepting the North 273.44 feet of the West 425 feet and
the Kelly Road RW, Naples Grove and Truck Co's Little Farms, No.2, and All of Lot 109,
less and excepting the West 425 feet and the Kelly Road RW, Naples Grove and Truck Co's
Little Farms, No.2, Collier County, Florida.
2.) In the event Seller elects to make this transaction part of a 1031 Tax Deferred
Exchange, Buyer will assist in all reasonable requests of Seller top complete the exchange,
but without financial cost to Buyer.
3.) Buyer acknowledges Sellers proposal to sell the subject property for the purchase price
set forth herein was based upon the understanding and agreement of the parties that the
Seller intends to claim the difference, if any, between the contract sales price and the
agreed appraised value as a charitable donation on its tax return. Buyer will assist in all
reasonable requests of Seller to contribution.
Date:
~ ~/O- ()
Redev
Date:
Date:
~/4{){o
Buyer:
Date:
Seller:
This form is available for use by the entire real estate industry and is not intended to identify the user as aREAL TOR@. REAL TOR@ is a
registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF
REAL TORS@ and who subscribe to its Code of Ethics.
The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or
Gomputerized forms. IB ~
ACSP-2 Rev. 6/94 -..::J
Approved .1 to form & legal tuIIaIInor '" [OU.::SINC
John R. Wood Inc, REALTORS 3255 Tamiami Trail North Naples, FL 341 0,3 ~.' . xn IlL J .A '~ ' REALTOR OPPORTUNITY
Phone: Fax: Michael 0 Mara fI g /~ VI I '~C- 1..t..Li"k Plumena Enter
Produced with ZipForm™ by RE FormsNet. LLC 18025 Fifteen Mile RMi~ (T ~~""'5 www.zIDform.com\J
EXECUTIVE SUMMARY
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Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure
of up to $65,088.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187 budget, ,
and to waive the competitive process to permit and pave lime rock residential streets within the
Bayshore Gateway Triangle CRA boundary.
OBJECTIVE: CRA approval of the expenditure of up to $65,088.50 of Bayshore Gateway Triangle
CRA Trust Funds from the FY06 Fund 187 budget to permit and pave lime rock residential streets
within the Bayshore Gateway Triangle CRA boundary. This is a proposed demonstration project for
use of a pavement process that is less costly than traditional asphalt. This cold-mix paving process
takes advantage of recycled materials and is a sole source procurement based on the unavailability of
vendors with this capability.
BACKGROUND: Within the Bayshore Gateway Triangle CRA, there are five lime rock (unpaved)
residential streets. The Collier County Transportation Division has determined these streets were
never accepted by the County, therefore they are private.
In the past, the owners of property that front these streets have petitioned Collier County Commission
to pave their roads. There was a subsequent agreement for the County to grade these streets three
times a year as a courtesy. The property owners recently petitioned the Bayshore Gateway Triangle
CRA Local Advisory Board for assistance to determine the best way to get their streets paved.
A representative of Florida Highway Products, Inc. approached County Transportation to pave, for
free, a lf4 mile portion of a lime rock street as a cold-mix asphalt product demonstration project for
future consideration as a product to be used on other Collier County lime rock roads and streets. This
offer was forwarded to the CRA for use on private streets. The Local Advisory Board investigated the
use of this product on the five unpaved streets within the CRA, consulted with the property owners,
and negotiated a fee to use this cold-mix paving product. Staff recommends that this pilot project is
undertaken, and if successful, the County could realize approximately 50% cost savings on future
pavement of residential streets.
CONSIDERATIONS: The CRA Executive Director contacted the property owners adjacent to these
five streets to determine if there was a majority of owners desiring and agreeing to'have their streets
paved with this product. The written vote count on each street has greater than 50% + 1 votes agreeing
to pave. The owners in the Hallendale Subdivision are collecting private funds to permit and pay a
qualified contractor to clean and grub the right of ways prior to the paving. The other streets do not
require right of way work. The CRA Local Advisory Board reviewed the property owner's votes and
Florida Highway Products proposed contract. On March 7, 2006 and April 4, 2006, the Advisory
Board unanimously agreed to recommend to the CRA Board to approve and fund from the CRA Trust
Fund the contract proposal by Florida Highway Products to pave these five lime rock streets within
the CRA boundary.
FISCAL IMPACT: Sufficient budget exists within the FY06 Bayshore Gateway Triangle Fund 187
to fund the requested paving project contract of $64,488.50: three streets in Hallendale Subdivision at
$40,000 and $24,488.50 for Lee Street and a ::~on of Manorea Avenne; plus County permits. hA 0 iJ,
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GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth
Management Plan states that redevelopment plans may be developed for specific areas within the
County, including the Bayshore Gateway Triangle CRA, that may consider alternative land use plans,
modifications to development standards, improvements to infrastructure and incentives to encourage
redevelopment.
RECOMMENDATION: That the CRA Board approves the expenditure of up to $65,088.50 of
Bayshore Gateway Triangle CRA Trust Funds from the FY06 Fund 187 to permit and pave lime rock
residential streets within the Bayshore Gateway Triangle CRA boundary, authorize the Chairman sign
the contract, and approve all necessary budget amendments.
Prepared by:
David L. Jackson on April 27, 2006
Executive Director
Bayshore/Gateway Triangle Community Redevelopment Agency
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FLORIDA HIGHWAY PROD
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Florida Highway Products, Inc"
P.O. Box 928 · Bartow, Fl33&11
3900 us Highway 17 N. · Bartow, FL33830
(863) 533-7881 · FAX: (863) 533-4404
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David Jackson. Executive Director
Bayshore Ga.teway CNA
2408 Linwood Ave., Suite #11
Naples. FL 34112
May 5. 2006
RE: Cold Mix Paving ProposaL Woodside Ave., Pinetree Dr., Andrews Ave.,
Lee Street. Magnolia Ave.
Dear Mr. Jackson:
We are pleased to submit the fol1(lWing quote for your consideration:
Opcn graded cold mix paving: 2 V;:"
Woodside Ave., Pinctrce Dr.. Andrews Ave.. Lee Sf
$40.000.00
Lee Street 690 Sy @$15.75
Magnolia St. 326 Sy @$15.75
Share and compact existing subgrade 1,052 sy @$3.25
MobiliL'.ation
$10,867.50
$ 5,701.50
$ 3,419.50
$ 4.500.00
$64,488.50
Please note that per our earlier correspondence that the costs for Woodside Ave.,
Pioctree Dr.. and Andrews Ave. represents a 60% reductioll. This concession is made in
con~ideration of Collier County's review of our process.
This quote does not include any work outside the 18' roadways.
Thao,k you for considering Florida Highway Products, .lnc. for this work. We
lOll\.:. t~,)r\o'\itlrd 10 commencing this pr(~iect by the middle of June.
Very Tmly Yours.
~'14- .
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Rob Maggard
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Bayshore Gateway Triangle eRA Lime Rock Road Paving Voting Tabulation
NAME
Mark Berman
The Kalines
R. & T. McDonald
Andre Jean
Michael Tomany
Michael Tomany
C.,D.,M. Pentz
Russell Jones, Jr
Michael Tomany
Michael Tomany
Ed & Liza Hogan
P. & D. Pierce
Alan Wensierski
Alan Wensierski
R. & M.Cortada
R. & M.Cortada
Edward Hill
Brian Jones
Charlotte Kerin
S. MacClugage
Alisha Cage
Golda Rainbolt
D. Ysme Adeka
R. & M.Cortada
Rogelio Galindo
Socorro Whiteway
Socorro Whiteway
DaVId Beatty
Matt Jouzupaitis
Alisha Cage
Alisha Cage
Maria Jost
Alberto Estrada
NAME
Michael Rice
Michael Rice
N. & C. Neal
N. & C. Neal
George Conley
David McGovern
Joesph Moline
Richard Licare
Richard Schlup
Richard Schlup
L. Altaatz/E. Pierce
Richard Staley
Joseph Hallack
John Fillmore
Scott Reese
STREET LOT # FOLIO #
Andrews Ave 53/54 48782000005
Andrews Ave 55 48782040007
Andrews Ave 56 48782080009
Andrews Ave 57 48782120008
Andrews Ave 58 48782160000
Andrews Ave 59 48782200009
Andrews Ave 60 + 1/2 48782240001'
Andrews Ave 62 48782280003
Andrews Ave 63 48782320002
Andrews Ave 64 48782360004
Andrews Ave 67/68 48781440006
Andrews Ave 69/70 48781360005
Andrews Ave 71 48782640009
Andrews Ave 72 48782680001
Andrews Ave 1-- - 73 48782720000,
Andrews Ave 74 48782760002
Andre\i\'s Ave f-i. 75~76~ 48782800001
Andrews Ave 77 48782840003
.."- -
Andrews Ave 78, 48782880005 X
Andrews Ave 79 48782920004 Xf=F
Andrews Ave 80 4878296.0 ,O~06 X _.
Andrews Ave 81 48783000004!
t--
Andrews Ave 85 48783120007 Xtf--=
Andrews Ave 87 48783200008' X -
Andrews Ave 89/90 48783280002 XIX
Andrews Ave 93 48783400002 }(H~
Andrews Ave 94 48783440004 X
'--... 'c:.-=--
Andrews Ave 97 48783560007 X .
~~~;:::~~: 1~O :m~~:~~g~t ~ :=
Andrews Ave 102 48783760001 X
Andrews Ave 103 48783800000' X
Total Lots 38.5 of 50 77%
STREET
Woodside Ave
Woodside Ave
Woodside Ave
'Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
Woodside Ave
LOT #
107
108
109
110
114
115/116
118.5/119
120
121
122
123
124
125
127
128
FOLIO #
48783960005
48784000003
48784040005'
48784080007
48784200007
48784280001 '
48784310007
--
48784320000
48784400001
-~48784440003
48784480005
48784520004
48784560006
48784640007
48784680009
YES NO
XiX
X
X
X
X
"-i-----
X
X
X
X
X
XiX
XIX
X
X
X
X
XiX
X
j;
YES NO
X
X
X
X
X
XiX
X
X '
X
X
X ,
X
X
X
X
A-h~ Oi\)
1'18
~/Q 7 nit,
Bayshore Gateway Triangle eRA Lime Rock Road Paving Voting Tabulation
Paul Martin Woodside Ave 131 48784800009 X
Paul Martin Woodside Ave 132 48784840001 X
Franscisco Galindo Woodside Ave 133 48784880003 X
Franscisco Galindo Woodside Ave 134 48784920002 X
Casey & Turville Woodside Ave ---- 135 4878496~ X
Don & E. Blum Woodside Ave 136 48785000002 X
Don & E. Blum Woodside Ave 137 48785040004. X i
Don & E. Blum Woodside Ave ~;~ =1 48785080006 X
Don & E. Blum Woodside Ave 48785120005 X
Robert Simmons Woodside Ave 140 . 48785160007 X
R. Poundsberry Woodside Ave 141 48785200006 X
Alfred Fisikelli Woodside Ave 142 48785240008 }-!-=
Alfred Fisikelli Woodside Ave 143-- +--48785280000
Mark Owens Woodside Ave 144 48785320009 X I
Michael Tomany Woodside Ave 145 48785360001 .~~
Rick Timko Woodside Ave 151 48785560005
P. & A. Pierce Woodside Ave 153/154 48785640006
Total Lots 35.5 of 50 I 71%
---
NAME STREET LOT# FOLIO # YES NO
John Perry Pine Tree Drive 2 48780080001 X
Vanessa Uzupes Pine Tree Drive 5 48780160002 X -
Ed Thomas Pine Tree Drive 6 48780200001 X
Geo. & A. Zertopoulis Pine Tree Drive 8 48780280005 X
G. & G. Glinos Pine Tree Drive 9 48780320004. X
Linzel Jeffrey Pine Tree Drive 17 48780640001 X
Marcille Reinbergs Pine Tree Drive 18 48780680003 X
Alan Wensierski Pine Tree Drive 19 48780720002 X
Alan Wensierski Pine Tree Drive 20 48780760004 X
Alan Wensierski Pine Tree Drive 21 48780800003 X
Alan Wensierski Pine Tree Drive 22 48780840005 X
23- ~~~-,-
Alan Wensierski Pine Tree Drive 48780880007 X
Alan Wensierski Pine Tree Drive 24 48780920006 X
P. & D. Pierce Pine Tree Drive 25 48780960008 X
48781000006 ~-- --
P. & D. Pierce Pine Tree Drive 26 X
48781040668 ---
J & J Horn Pine Tree Drive 27/28 XIX
John Horn Pine Tree Drive 29 48781080000 X
Alan Wensierski . Pine Tree Drive 30 48781120009 X
Betty Jane Myruski Pine Tree Drive 31 48781160601 X
Betty Jane Myruski Pine Tree Drive 32 48781200000 X
Betty Jane Myruski Pine Tree Drive 33 48781240002 X
Betty Jane Myruski Pine Tree Drive 34 48781280004 X
P. & D. Pierce Pine Tree Drive 35/36 48781360005 XIX
Ed & Liza Hogan Pine Tree Drive 37/38 48781440006 XIX ---
D. & B. Heuss Pine Tree Drive 42 48781600008 X
lain Beaton Pine Tree Drive -~ -- 48781680002. X
44
lain Beaton Pine Tree Drive 45 48781720001 X
Bryan Rahal Pine Tree Drive 47 48781780009 X
George Zertopoulis Pine Tree Drive 50/51 48781920005 XIX
Total Lots 33 of 50 66%
-- ---
NAME STREET LOT # FOLIO # I YES NO
4 h~ OrJ
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Bayshore Gateway Triangle eRA Lime Rock Road Paving Voting Tabulation
W. & V. Jean Bayshore Drive 104 48783840002 X
Daniel Celestin Bayshore Drive 156 487857200071 X
B. Daniel Destine Bayshore Drive 1 48780040009' X
-- -~
NAME STREET LOT# FOLIO # YES NO
Richard Bailey Manorca Ave 21 26780520004 X
Daniel Fuller Manorca Ave 19/20 26780480005 XIX
Roy Ramnick Manorca Ave 23/24 26780640007 XIX
Total Lots 50f5 100%
NAME STREET LOT# FOLIO # YES NO
M. & K. Vanderstel Lee Street 1 76410040008 X
--
Odalys Ribera Lee Street 2 76410040105 X
Carolyn Beauchamp Lee Street 3 76410040118 X
G. & R. Buonocore Lee Street 4&5 76410080000 X
-- I----
Donald Sheehan Lee Street 6&7 76410280004, X
-
W. & A. Forsyth Lee Street 61834040~X
W. & A. Forsyth Lee Street 61834041 009 --~
-- --00%- T
Total Lots 9 of 10
4~J\ ON
118
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14B
~~ 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's si ature, draw a line throuoh routin lines #1 th.rou h #4, com lete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routino order)
1.
2.
3.
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
2-13; ;lq [p ,
iRAI
I
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
cf--.
L~
CW-
ut.--
N\~
cV
PRIMARY CONTACT INFORMATION
Phone Number
SlfClt'
:J-oO (.p
+
Agenda Item Number
Number of Original
Documents Attached
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2,24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16Al'
MEMORANDUM
Date:
May 12, 2006
To:
Alex Sulecki, Senior Environmental Specialist
Environmental Services
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement: Otter Mound Preserve
Enclosed please find one copy, as referenced above (Agenda Item #16Al), which
was approved by the Board of County Commissioners on Tuesday, May 9, 2006.
The original document is being recorded and you will be sent a copy.
If you should have any questions, please contact the Minutes and Records
Department at 732-2646 ext. 7240.
Thank you.
Enclosure
C>
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.....
.....
-
-
.....
INTER LOCAL AGREEMENT
OTTER MOUND PRESERVE
16Al
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this ~8M day
of February, 2006, by and between Collier County, a political subdivision of the State of Florida
("County"), and the City of Marco Island, a municipal corporation ("City").
RECITALS:
WHEREAS, Collier County Ordinance No. 02-63, authorizes the County to enter into a written
mutual agreement for management arrangements and responsibilities with municipalities, for
the management and maintenance of land; and
WHEREAS, the Otter Mound Preserve ("Preserve") is located within the City on Addison Court
and owned by the County; and
WHEREAS, the Preserve contains historical and archaeological artifacts; and
u
= WHEREAS, the Preserve will be open to the public and managed only for the conservation,
;:;;:: protection and enhancement of natural and historical resources; and
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WHEREAS, public outdoor recreation allowed on the Preserve will be compatible with the
conservation, protection and enhancement of the Preserve and its surrounding lands; and
WHEREAS, Preserve management duties shall be the shared responsibility of the County and
the City.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1. Obligations of the Parties
A. The City's Obligations:
1. The City shall be responsible for maintaining the right of way adjacent to the
Preserve. Maintenance shall include, but not be limited to, mowing the grass
within the right of way as deemed necessary by City Code Enforcement
personnel. Maintenance of the right of way shall not include vegetation trimming
around or restoration of the historic shell wall terracing. The City shall not use
any sort of weed whacking or mowing device within one foot of the historic shell
wall terracing.
2. The City shall provide routine Police patrols of the Preserve.
3. The City shall remove trash from the trash receptacles installed by the County on
a periodic basis and when necessary.
4.
The City will provide assistance and cooperation to the County when applying for
future grants.
5.
The City will monitor and make recommendations as needed for Wildlife Habitat
Enhancement.
16Al
B. The County's Obligations:
1. The County shall be responsible for maintaining the historic shell wall terracing.
Maintenance shall include, but not be limited to, vegetation trimming and
vegetation removal.
2. The County will create a parking area to allow for the parking of three vehicles.
3. The County shall ensure the removal of invasive exotic vegetation from the
Preserve as defined in the County Land Development Code. The County shall
also ensure that the Preserve remains free of invasive exotic vegetation in
perpetuity.
4. The County will maintain the Preserve in a manner that will allow for public use of
the site.
5. The County will install a temporary "Collier County Conservation Land" sign.
6. The County will install a permanent "Collier County Conservation Land" sign.
7. The County will install trash receptacles.
Section 2.
1. Written notice between the parties, if and when appropriate, shall be given to the parties
at the following addresses or such other person or place as each party shall designate
by similar notice.
C>
:::d
As to Collier County:
Alexandra Sulecki (or current Coordinator)
Conservation Collier Program
2800 N. Horseshoe Drive
Naples, FL 34014
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As to Marco Island:
A. William Moss
City Manager, City of Marco Island
50 Bald Eagle Dr.
Marco Island, FL 34145
(....)
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(....)
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2. Each party agrees that it shall be solely responsible for its employees, contractors or
agents with regard to the rights, duties, and obligations created hereby. However,
nothing herein shall constitute a waiver by either party of its sovereign immunity and
other limitations of liability, if any, set forth in Section 768.28, Florida Statutes. There are
no third party beneficiaries to this Interlocal Agreement.
3. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
The County shall incur all costs of recording this Agreement. A copy of the recorded
document will be provided to the City within fifteen (15) days of recordation.
4. This Agreement shall be for an initial term of twenty-four (24) months. This initial term
shall be automatically renewed for additional one (1) years terms and terminate five
years after the effective date. The Agreement may be extended beyond five years by
written acknowledgement of both parties.
16Al
The parties further agree that this Agreement may be terminated, in writing, with 45
days advance notice.
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement the day
and year first above written. This agreement becomes effective on the day that it is executed by
all parties.
.k,
BOARD OF COUNTY
COMMISSIONERS,
COLLI~CaLORIDA.
~HAL, ~
By:
1#
ATTEST:
LAURA L1W"k
BY~
Approved as to form
and legal sufficiency:
:>+
:>+
:>+
~~'O ~----
Richard Yovanovich
Marco Island City Attorney
CITY.. 0 F MARCO /t:
By:A fJL
,
C>
:::d
A. WILLIAM MOSS, City Manager
..c::.
c:::>
(....)
~
"'"1:lI
G")
(....)
r-...>
~
c:::>
:>+
:>+
:>+
Item #
11ok!
S--cr-D~
Agenda
Date
'_.__._---,----~--,._---
16A2
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 1 fI~ day of Jll >.l.E- ,20 (\ t/l between n.R.
Horton, 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: Valencia Golf & Country Club
Pbase II-A
B. Chapters 4 and 10 of the Collier County Land Development Code require the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: roadways, utilities & storm water drainage within 6
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$ 1,336,031.51 which amount represents
10% of the total contract cost to complete construction plus 100% of the estimate cost to complete
the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may call
upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of substantial
r-l"nnnJ.",tiAn h" .n<-Hl""lr\.....~~r'''' a.n....;nt:>or ",1.-"........ nr;tl-. thL>o ........,,1 ............;""....... .....................-1.... l""...,,.,, l................ .1='.........:....1-.,."..-1........ I-~
"''-'.L.L.L.t'......u......u.....; ......"'.............p......" ......5".u."'........ ......v...I6 ...LU.L UI..... .1.<U..... p.lVJ..........L .L"-'''-'V.lUJ .l.lu...... U"-'.....11 J.UIIUo:>ll.....U LV U"-'
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
16A2
5. The County Manager or his designee shall, within sixty (60) days ofreceipt 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 ViTiting of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the
County Manager's approval of the improvements. However, in no event shall the County Manager
or his designee refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance
period by the Developer has terminated, the Developer shall petition the County Manager or his
designee to inspect the required improvements. The County Manager or his designee 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 ofthis Agreement and once within every six (6) months
thereafter the Developer may request the County Manager or his designee to reduce the dollar
amount of the subdivision performance security on the basis of work complete, Each request for a
reduction in the dollar amount of the subdivision performance security shall be accompanied by a
statement of substantial completion by the Developer's engineer together with the project records
necessary for review by the County Manager or his designee. The County Manager or his designee
may grant the request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Manager or his designee may call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids,
the improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained arc and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
ll'J \VIDIESS \VHEREOF, the Board 2nd the Developer have caused this A.greemcnt to be
executed by their duly authorized representatives this _']. T l' day of Jvt..lf... ,20 1119
S~NED IN THE PRESENCE OF:
, ';1' ., /. ""l'>' I ,.. .:l .
, -/d..JI, ((;,tIQ.lht ,
I
PrintName:T?l./(i 0.l{LrZ)an I
, (r~
1\~~jJ ~ -~~------~-- _ _
PrintNamtX~~\((i _ \\I..'(l\\C'( \
ATTEST:
DWIGHT E. BROCK, CLERK
By:
,
.0-(,
Approved as t~ fontl and legal sufficiency:
'.. . ".'.
HT
County Attorney
16A2
D.R. HORT
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~..>~/
Frank Halas, Chairman
16A2
COLLIER COlJNTY LAN!) DEVELOPMENT CODE
BOND NO. 1012146
PERFORMANCE BOND
K;\OW ALL PERSONS BY THESE PRESENTS: that
D.R. HORTON, INC.
1192 EAST NEWPORT CENTER DRIVE
SUITE #150
DEERFIELD BEACH, FL 33442
(hereinafter referred to as tlO\\<ner") and
LEXON INSURANCE COMPANY
1919 S. HIGHLAND A VB., BLDG A, STE 300
LOMBARD, IL 60148
(heremafter referred to as "Surety") are held and fIrmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of One Million Nine Hundred Forty One Thousand Seven Hundred Eight
Dollars and twenty three cents ($1,941,708.23) in lawful money.ofthe Uuited 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
se,-erally, llrmly by these presents. Owuer and Surety are used for singular or plural, as the coutext requires_
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owuer has submitted for approval by the Board a
certain subdivision plat named VALENCIA GOLF & COUNTRY CLUB PHASE II and that certain subdivision shall
include specillc improvements which are required by Collier County Ordinauces 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 fmal acceptance by the Board of County Commissioners of the specific improvements
described in the Land Development Regulations (hereinafter the "Guaranty Period")
'lOW. THEREFORE, if the Owuer 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 Owuer shall satisty all
claims and demands incurred and shall fully indemnity and save harmless the County from and against all costs and
dal11Jges 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 auy default, then this obligation shall be void, otherwise to
remain m 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
r,roposcd specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendmeuts hereto, so as to bind the Owuer and the Surety to the full and
LlIthful performance in accordance with the Land Development Regulations. The term "Amendment,lI wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
,if ~lOy character whatsoever.
'16A2
-.,
Q~ON' FNf:
Paul Romanowski, Vice President
" :-.,
()~U.M- '<<~<A-
Witness Signature
Dawn L. Morgan
Wi ess Print na e of Type
'r
Ja s. Moore, Attorney-in-Fact
orida License No. A183300
Witness Signature
Irene Diaz
Witness Print name or Type
STATE OF
COUNTY OF
F1ond.v
"f>;/JJu.'areJ .
,2005, by Paul
s produced
,\HIl&/" FRANCES J. GUERRA
'lm~~V 01/".... Notary Public. State of Florida
.:/l. ."'< _ - N l' 1006
=., * .:. My CommiSSion Expires QV "I,
i," , :!ti Commission # 00153474
~~ffp'F~'dS~$ Bonded By National Notary Assn.
, """,
, II
(Signature ofNQt
State of Rwel <. )
~ J){'P, J ..-r. Q-u 12 rYZ"-
(Print, Type, or Stamp Commissioned
Name of Notary Public)
(SUR
STATE OF ILLINOIS
COUNTY OF DU PAGE
The foregoing instrument was acknowledged before me this 18th day of July, 2005, by James I. Moore, who is
personally kno\>;TI to me or has produced (personally known) as id~cation.
,\.J h 1 C>1 (?(. lffcn ~
(Signature of Notary Public -
State of Illinois )
(Print, Type, or Stamp Commissioned
Name of Notary Public)
OFFICIAL SEAl
DAWN l MORGAN
N~;~~8L1C. STATE OF rUINOrs
VVMMISSION EXPlRES:03l29io8
POWER OF ATTORNEY
LX- Il~Q'- '7
Lexon Insurance Company J.L '"6 A' ') ,
<rJO'N ALL MEN BY THESE PRESENTS. that LEXON INSURANCE COMPANY, a Texas Corporation, with Its Plln~1 office 1:1
L:JLiIS',/,:I['. :<f:r;~ucky, does hereby constitute and appoint:
5tl!ph1211 1. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. ]<lcobs, Elaine Marcus, Jennifer J. McComb, !'vIclissa Schmidt
Michael J. Scheer, James L. Moore, Christine Woods, Irene Diaz, Bonnie Kruse,
its trUG ::T;C I;Jwful Attorney(s)-In-Fact to make, execute, seal and deliver for. and on its behalf as surety, any and all bonds, undertakings or
other ;'v',c7Ings obligatory in nature of a bond.
This authollty IS made under and by the authollty of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Rcsol-,ed, tr,at the President of the Company is hereby authorized to appomt and empower any representative of the Company or
'."iler:e"son or persons as Attorney-ln,Fact to execute on behalf of the Company any bonds. under1akings_ policies_ contracts of indemnity
('[- GtnOl' wrITings obligatory in nature of a bond not to exceed $ 2,000,000.00 Two Million Dollars
::Oilc;r'c: '/h'ch the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
cuell c;ccul~_enls by an Attorney-ln,Fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the
C?'Jura,,-: ,',ieeled officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted
iIl,::y ce i"i?VOi':ed as speCified in the Power of Attorney.
ce_sGlved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
qrc,nie:::i. : il:~ the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
;':r-:ci (.\1-:'/ ":IC.'i ~ower or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
.:?xeCUk:~: :Jild sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
t.~,j ;:;c ','JI:-j .:ind binding on the Company.
: '.JNITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by ils President, and its
de 'Oeal to be affixed this 2nd day of July, 2003_
LEXON INSURANCE COMPANY
BY
&/r-~7
David E. Campbell
President
ACKNOWLEDGEMENT
:." 'hiS 2nd day of July, 2003. before me. personally came David E. Campbell to me known, who being duiy sworn. did depose and
Oil" ,C:t !.C tile PreSident of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument: that
;<'" :.';(j :..:31d instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
-OFFICIAL SEAL"
L YOIA J. DEJONG
NOTARY PUBLIC STATE OF WNOIS
MY COMMISSION EXPIRES 1/12/2007
w{L
1 Ml~
CERTIFICATE
Lydia J. Dejong
Notary Public
.e underSigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
-'.'(J'l;~! c,_ "'ir~r ,)f Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
!'--:-o~'>~!r!,-=:'''''~ -s ~,el forth are now in force.
Slgn(;'J ,_ ;,::aled at Lombard, Illinois this
18th
Day of
Julv
,2005
IkJlfJ &J~
Donald D. Buchanan
Secretary
.l6A2
,.:
Lexon Insurance Company
Rider to be attached to and form a part of Bond Number 1012146 on behalf ofD.R. Horton, Inc.
at 1245 S. Military Trail, Suite 100, Deerfield Beach, FL 33442 (Principal), and in favor of
Collier County, FL (Obligee), executed by the Company indicated above (Surety) in the amount
of One Million Nine Hundred Forty One Thousand Seven Hundred Eight and 23/100
Dollars ($1,941,708.23) effective July 18, 2005.
The Principal and the Surety hereby consent to changing the said bond as follows:
The aggregate sum of this bond is hereby decreased to One Million Three Hundred Thirty
Six Thousand Thirty One and 51/100 Dollars ($1,336,031.51) per Obligee letter dated
May 8, 2006.
Nothing herein contained shall vary, alter or extend any provision or condition of the bond other
than as above stated.
Signed, Scaled and Dated this May 10, 2006.
D.R. Horton. Inc.
Principal
Lexon Insurance Company
Surety
~~-
~
By: (J dl WL~ h'h-~
Dawn L. Morgan, Attome n-Fact
POWER OF ATTORNEY
Lexon Insurance Company
LX - !) '2 OI'} i
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with rts princrpal office In
LouiSVille, Kentucky. does hereby constitute and appoint
J:ltlles 1.Mo~re,Jr<ll1e_Diaz, 13onni~..I<..':.use, Steph,," Ll(azm.."r,-",-*-* '''-_
Dawn_h. M()~11, Pegg2'Eaust,KellxA--,---",ac.,,-bs,!':l[iille tviarcus,lenniferJ. Mc<::olTlb,},1elissa SchlTl~dt:,}oeLEO,Speckl11_an.
its true and lawful Attorney(s)-In-Fact to make. execute, seal and deliver for, and on iis behalf as surely, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
Trlis authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July. 2003 as lollows:
Resolved, that the President of the Company IS hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney~ln-Fact to execute on behalf of the Compdny any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature 01 a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of tile Company thelCto. Any said nxccution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged hy the regularly elected
officers of tt18 Company. Any Attorney-In-Fact so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal stlall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be Signed by its President, and Its
Corporate Seal to be atfixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
BY
;:;;;-e~--
David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July. 2003, betore me, personally came David E. Campbell to me known, who being duly sworn. did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation deSCribed in and which executed the above instrument; that
he executed said instrument on behalf of the corpor;:-ition by authonly of his office under the By-laws of said corporation.
-- -- - -~-;OificlXLsEAi. ;---~---l
L YOIA .J. DEJONG I
_~~~~~r~~~t~~~~~~~~~~~~ J
';{LJ . _~~9c~
CERTIFICATE
Lydia J. Dejong
Notary Public
I, the underSigned, Secretary ot LEXON INSURANCE COMPANY, A Texas Insurance Company. DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Se3.ied at Lombard, Illinois this
~Oth . . __ Day of _!1<lL___, 20_0J,-
(I 44 n Ikdtv~1
y~- ----
Donald O. Buchanan
Sccrutary
16A2
STATE OF ILLINOIS}
COUNTY OF DUPAGE}
On May 10, 2006, before me, Tariese M. Pisciotto, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared,
Dawn L. Morgan, known to me to be Attorney-in-Fact of Lexon Insurance Company, the
corporation described in and that executed the within and foregoing instrument, and
known to me to be the person who executed the said instrument in behalf of the said
corporation, and duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set mYfand and affixed my official seal, the
day and year stated in this certificate above. II ()
My Commission Expires, June 26, 2006 ) CJJ....J.!) QQ \jl\. r,/') It. CDJAoJ
Tariese M. Pisciotto, Notary Public
OIlidaISea'
Tarieae M Pisciotta
Notary Public Stale of Illinois
My commission Expires 06126106
i ",;,cD
1 ;I~-
!(.:,.,,,.,
'j'~:';'Ji_
DAVIDSON
: 1 ," I !"~ ' t' V I !'-.j ,
16A2
Valencia Golf & Country Club Phase II
Constuction Costs
Prepared by:
David Walker, E.I.
Davidson Engineering, Inc.
Project Cost Summary
Description
Landscape & Irrigation
$
$
205,900.00
Site Fill
15,000.00
Roadway Construction
$
533,637.90
Drainage
$
264,792.00
Water/Sewer Construction Costs
Total
$
$
745,859.40
1,765,189.30
Bond Amount 110% of construction cost
Phase II-A Construction Cost
New Bond Amount For Phase II
$
$
$
1,941,708.23
605,676.72
1,336,031.51
A J
./~r
I ',f'
, i/ I
./ f,
\\DavidsonserverlcompanylActive ProjectslHIHorton Homes 03-00231Valencia Golf & C C Phase IIIEnginJeringlOPinion
of Probable Cost New Bond Phase Il.xls r Page 1
iti 1 2
:& /ij\jh
Jeff l. Davidson, RE.
Davidson Enginecflng, Ino.
RE. Registration No. 47161
Company Reg, No. 00009496
16A2
DAVIDSO,,",
Valencia Golf & Country Club Phase II
Constuction Costs
Prepared by:
David Walker, E.!.
Davidson Engineering, Inc.
Landscape & Irrigation
QTY Unit COST TOTAL
Buffer Trees
Trees 164 $ 200.00 $ 32,800.00
Irrigation 1,450 $ 0.40 $ 580.00
Mulch 1,450 $ 0.30 $ 435.00
Interior Trees
Trees 834 $ 200.00 $ 166,800.00
Irrigation 7,550 $ 0.40 $ 3,020.00
Mulch 7,550 $ 0.30 $ 2,265.00
TOTAL $ 205,900.00
I
16A2
DAVIDSON
~ ii,' I i'-' I \ I '. I I-! ' c
Valencia Golf & Country Club Phase II
Constuction Costs
Prepared by:
David Walker, E.I.
Davidson Engineering, Inc.
Grading & Earthwork
QTY Unit
COST
TOTAL
Gradina & Earthwork
$ 15,000.00
Subtotal
$ 15,000.00
TOTAL
$ 15,000.00
E'~
'3J.....
1.' .
:.l\\lll!RI
DAVIDSON
"f'.I',',lr""j",!lt-.I'
1
16A2
Valencia Golf & Country Club Phase II
Roadwav Construction
1 1/2" Asphalt
6" Limerock Base
12" Stabilized Subgrade
24" Valley Gutter
Sidewalk
1'Sod
Seed & Mulch
Signing & Marking
Connect to existing
Street Lig ht
Grub roadway
Subtotal
TOTAL
Constuction Costs
Prepared by:
David Walker, E.!.
Davidson Engineering, Inc.
QTY UNIT COST TOTAL
24301 SY 3.50 $ 85,053.50
25516 SY 4.20 $ 107,167.20
26731 SY 1.60 $ 42,769.60
18226 LF 4.90 $ 89,307.40
91130 SF 1.50 $ 136,695.00
18226 SF 0.20 $ 3,645.20
5 LS 1,000.00 $ 5,000.00
2 LS 3,500.00 $ 7,000.00
3 LS 500.00 $ 1,500.00
35 EA 1,500.00 $ 52,500.00
6 AC 500.00 $ 3,000.00
$ 533,637.90
$ 533,637.90
.e-1;ZoS
,;/t,:'. .-
;..''''~' ';. . (
DAVIDSON
I-t_) ',l>r-C'lrJ"
I
16A2
Valencia Golf & Country Club Phase II
Constuction Costs
Prepared by:
David Walker, E.!.
Davidson Engineering, Inc.
Drainaae Improvements QTY UNIT COST TOTAL
Description
18" Reinforced Concrete Pipe 1695 LF 23.00 $ 38,985.00
24" Reinforced Concrete Pipe 1744 LF 30.00 $ 52,320.00
30" Reinforced Concrete Pipe 760 LF 35.00 $ 26,600.00
36" Reinforced Concrete Pipe 742 LF 40.00 $ 29,680.00
42" Reinforced Concrete Pipe 703 LF 45.00 $ 31,635.00
FDOT Type Inlet 13 EA 1,400.00 $ 18,200.00
Valley Gutter Inlet 30 EA 960.00 $ 28,800.00
18" Flared End 7 EA 600.00 $ 4,200.00
24" Flared End 5 EA 800.00 $ 4,000.00
30" Flared End 2 EA 900.00 $ 1,800.00
36" Flared End 2 EA 1,000.00 $ 2,000.00
48" Flared End 2 EA 1,250.00 $ 2,500.00
Subtotal $ 240,720.00
Contingency 10% $ 24,072.00
TOTAL $ 264,792.00
" JI
DAVIDSON
I I'.'" .,'J;'I
16A2
Valencia Golf & Country Club Phase II
Constuction Costs
Prepared by:
David Walker, E.I.
Davidson Engineering, Inc.
QTY UNIT COST TOTAL
Potable/Fire Water System
8"WM 8498 LF 12.00 $ 101,976.00
Fire Hydrant Assembly 35 EA 2,500.00 $ 87,500.00
8" gate valve 12 EA 900.00 $ 10,800.00
Connect to existing 8" stub 2 EA 1,200.00 $ 2,400.00
8"x8" Hot Tap 1 EA 3,600.00 $ 3,600.00
Fittings 1 LS 6,200.00 $ 6,200.00
Water Service Double 127 EA 350.00 $ 44,450.00
Water Service Single 24 EA 300.00 $ 7,200.00
Water Subtotal $ 264,126.00
Sanitary Sewer Svsvtem
6" FM 1780 LF 12.00 $ 21,360.00
Connect to existing 8" FM 1 EA 600.00 $ 600.00
8" Gravity Main <10' Deep 4147 LF 20.00 $ 82,940.00
8" Gravity Main >10' Deep 2234 LF 42.00 $ 93,828.00
Manhole <10' Deep 16 EA 3,500.00 $ 56,000.00
Manhole >10' Deep 10 EA 4,500.00 $ 45,000.00
6" Plug valve 1 EA 900.00 $ 900.00
Sewer Service Double 130 EA 350.00 $ 45,500.00
Sewer Service Single 18 EA 300.00 $ 5,400.00
Fittings 1 LS 400.00 $ 400.00
Lift Station 8' 10HP 1 EA 62,000.00 $ 62,000.00
Sanitary Subtotal $ 413,928.00
Subtotal $ 678,054.00
Contingency 10% $ 67,805.40
TOTAL $ 745,859.40
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 completcd routing slip and original
documents are to be I{lfwardcd to the Board Otlice only J!.lli:!: the Board has takcn 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
ex tion of the Chairman's si , draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Initials Date
Code Enforcement
2. Connie Johnson
CDES
3. Joseph Schmitt
CDES
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
16/~3
s: q ~.(lb
5'-'1-lJip
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 docwnents 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 Shirley M. Garcia Phone Number 213-2994
Contact
Agenda Date Item was May 9, 2006 Agenda Item Number 16A3
Approved by the BCC
Type of Document Ii:JUI8Ytivl ElHftftlftl:) Number of Original ~
Attached Release & Satisfactions of Liens 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
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ssibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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. Tbe document was approved by tbe BeC on Sit I (;) " (enter date) and all cbanges
made during tbe meeting bave been incorporated in the attached document. Tbe
Coun Attorne 's Office has reviewed tbe cban es, if a licable.
SMG
N/A
N/A
SMG
SMG
SMG
I: Forms! County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
--"-,--",",..._..._"'--"'._--".............._.,_.....,_._-~-,._.""""-,.----.---".--..
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
*** 3837173 OR: 4035 PG: 1497 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
D5/ll/2006 at Il:15AM DWIGHT B. BROCK. CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16A)
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2005-13 against:
Jo Gene Holaway
3087 boca Ciega Dr.
Naples, FL 34112
The lien was recorded on 02/04/2005, Official Record Book 3728 Pagers) 2428, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Eighteen Thousand Six Hundred Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
The South half (1/2) of the Southwest one-quarter (1/4) of the Northeast
1/4 of the Southeast 1/4 of Section 31, Township 49 South Range 26
East, Collier County, Florida.
Cost: $18,600.00 Reference: 2589
Folio: 00293040000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said 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 the Satisfaction
of Lien, by action of the Board on this 91/1 day of Ma.v , 2006.
I
ATTEST
DWIGHT 1;:. -BRO<;;K. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~" '--
B:' Q~'~
t." to ~ tl'UJO~uty Clerk
s1onat""'Qfll. .
Approved ils tG:form and legal sufficiency
-~.
b^^
Thomas C. Palmer
Assistant County Attorney
By:
~>~-
FRANK HALAS, Chairman
118m # 1ft' ,43>
6~~~da ~b !~f,
~I
L.".... ....-___.-1
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
*** 3837174 OR: 4035 PG: 1498 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/11/2006 at Il:15AM DWIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16A3
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Steven A. Helfrich
4240 Lorraine Ave.
Naples, FL 34104
The lien was recorded on 09/19/2005, Official Record Book 3892, Page
1590, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of One Hundred Sixty-Eight dollars and Fifty-
Seven cents ($168.57), plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
4240 Lorraine Avenue
Naples, FL 34104
Cost: $168.57 Reference: OSM 2005060698
Folio: 26531240009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said 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 rfi10rding of the Satisfaction
of Lien, by action of the Board on this qf/l day of a. II ,2006.
I
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRQCK, Clerk COLLIER COUNTY, FLORIDA
B~htf~~uty Clerk
s 9Ilat onl-
Ap ov d . to fOrm I sufficiency,
By: ~.--:.~
Frank Halas, Chair a --'
Jeffr A. latzkow
Assi nt unty Attorney
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
*** 3837175 OR: 4035 PG: 1499 ***
RBCORDBD in OFFICIAL RHCORDS of COLLIHR COUNTY, FL
05/11/2006 at 11:15AM DWIGHT B, BROCK, CLBRK
RHC FBB
coms
ID.OO
1.00
Retn:
CLBR! TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16A3
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Steven A. Helfrich
4240 Lorraine Ave.
Naples, FL 34104
The lien was recorded on 09/19/2005, Official Record Book 3892, Page
1589, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of One Hundred Sixty Two dollars and Eighty-
Five cents ($162.85), plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
Cost: $162.85
4240 Lorraine Avenue
Naples, FL 34104
Reference: OSM 2005060796 Folio: 26531240009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said 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 the Satisfaction
of Lien, by action of the Board on this 9'M day of 1'1 a. V , 2006.
I
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Cjerk COLLIER COUNTY, FLORIDA
c.
~""~~CI'~
s "..:,\(" ~ 0(\1. .
a' to,fp(!'t1 ana legal sufficiency,
.;....'
~~
~- -'" /'
By:
Frank Halas, Chairman
Jeffr A latzkow
Assi nt ounty Attorney
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
*** 3837176 OR: 4035 PG: 1500 ***
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL
05/11/2006 at Il:15AM DWIGHT B. BROCK, CLBRK
RBC m 10.00
COFIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BIT 7240
16A3
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Peter Schmuck
4400 24th PL SW
Naples, FL 3411 6
The lien was recorded on 10/17/2005, Official Record Book 3912, Page
3646, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of One Hundred Ninety-Nine dollars and
Eighty-Five cents (199.85), plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier
County, Florida, which property is described as follows:
4400 24'h PL SW
Naples, FL 3411 6
Cost: $199.85 Reference: OSM 2005050359
Folio: 35982200003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this qM day of --"1a.V , 2006.
I
ATTEST . . . i .
DWIGHT E. BRbCK,Gfi!rk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~o\Q~h
.",.t)$t. (~1tc()ratl"lll4i>E1j:luty Clerk
si'di, ~'~ur ...,'
Appr ed egal sufficiency,
By: ~.--:. ~~
Frank Halas, Chair an --'
. Klat 0
Coun Attorney
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
*** 3837177 OR: 4035 PG: 1501 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/11/2006 at 11:15AM DWIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16A3
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 2005-299 against:
Rosemarie D. Polumbo
PO Box 661
Malden, MA 02148
The lien was recorded on 10/11/2005 in Official Records Book 3908, Page 3355, in the
Public Records of Collier County, Florida. The lien secures the principal sum of Two
Hundred Fifty-Five Dollars and zero cents, plus accrued interest and penalties, if any,
and impose certain obligations against real property situated in Collier County, Florida,
which property is described as follows:
Naples Park, Unit 2 Block 19 Lot 3 ak.a. 691108TH Ave N., Naples, FL
Cost: $720.00
References: 2718 Folio: 62573080003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said 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.
ATTEST),
DWIGHT E "R~~~
B~~~'tx
.... . Ct!41_".,uty Clerk
~'i"~'';'''''t 001.
Approved as tQfo.rmand legal sufficiency
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this qill day of Ma. V , 2006.
I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~.>~_
FRANK HALAS, Chairm -
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
*** 3837178 OR: 4035 PG: 1502 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/11/2006 at 11:15AM DWIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16
"
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by Resolution No. 2004-116 and Resolution No. 2001-217 against:
H S Partnership
PO Box 7174
Naples, FL 34101-7174
The liens were recorded on 7/5/2001 in Official Records Book 2853, Page 2356, and on
5/20/2004 in Official Record Book 3568 Page 3596, in the Official Records of Collier
County, State of Florida. The liens secure the principal sum of Seven Hundred and
Twenty Dollars and zero cents, plus accrued interest and penalties, if any, and impose
certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
The South 50.00 feet of the North 248.5 feet of the West 165.00 feet of
the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section
3, Township 47 South, Range 29 East, Collier County, Florida, less the
West 30.00 feet reserved for road right-of-way.
Cost: $720.00
References: 1611 &2345 Folio: 00117680009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Liens, acknowledges payment as full satisfaction of the liens and hereby
cancels said liens.
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 liens cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this 9th day of /'1a. V , 2006.
.
ATTEST
DWIGHT E;. BROCK, Clerk
:(~~QJt~-~
~ .' " Deputy Clerk
. ..1,." .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~;:-2-~-/
FRANK HALAS, Chairman
Approved as to form and legal sufficiency
ThomJR~~~r~
Assistant County Attorney
1 btf' J.i1 j;.
.i, "1 '~
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDNISION
IMPROVEMENTS entered into this ;< / day of j} pi, ( 2006, between Taylor
Woodrow Communities, 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 ofa certain plat ofa subdivision to be known as: Ca.br€o Q...{. M-tdl..}eY,.~
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: -t ~-e (!.e ;gUt red. It'V\ provemel"\fs
within SIX 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$884,389.88 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 be reviewed and approved by the County Manager or his designee for compliance
with the Collier County Land Development Code.
Page 1 of3
16ALi
5. The County Manager or his designee shall, within sixty (60) days ofreceipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the County Manager's approval of the improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his designee to reduce
the dollar amount of the subdivision performance security on the basis of work complete. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together with
the project records necessary for review by the County Manager or his designee. The County
Manager or his designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon
the subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
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
Page 2 of3
16.A4
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 ofthe Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this :<1 day of Ap..e.i I 2006.
SIGNED ,IN THE PRESENCE OF:
/
1-/ (' <-:~
By:
Alan Smith, President
Provide Proper Evidence of Authority
+/i ~~'l
ATTEST:
DWIGHT E. BROCK, Clerk
A~~~~kk
110nlture on).-
Approved as to form
and legal sufficiency:
/"
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~~
, Chairman
BY:
Jeff E.
istant County Attorney
Approved Form - JAK - February 2006
r~:: "
~' ;1.qGr~da
~~ i-: ~'l;"
..-c-,-' "~.~~_ ~._'_~.~'-,--::-C':-.',_
Page 3 of3
~ ',~.. "" . ~ .
,!
-; '-'..~J;;"'",,""".'~""''':~',
((fJ<<rrP;~~
16A4
OLL COUNTY BOARD OF COUNTY COMMISSIONE
3301 EAST TAMIAMI TRAIL, NAPLES, FL 34112
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO. 29-55-49
~T~~
"
_/
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(hereinafter referred to as "Own
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P A
175 WATER STREET, NEW YORK, NY 10038
(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 Ei ht Hundred Ei h Four Thousand Three Hundred Ei
88/l00ths Dollars ($884.389.88) in lawful money of the United States, for the payment ofw' urn well and tntiy-to----- __.J
be made, we bind ourselves, our heirs, executors, administrators, successors and assigns. . mtly and severally,. 1 y Y
these presents_ Owner and Surety are used for singular or a , as the context reqUl. I €! M~ r
THE CONDITION OF THIS BUG T hat whereas, the Owner has submitte roval by the Board a
certain subdivision plat med Mediterra 131 Cabreo a that certain subdivision shall include speci lC 1m
which are required by esolutions (hereinafter "Land Developrnent Regulations"). This
obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final
acceptance by the Board of County Commissioners of the specific improvements described in the Land Development
Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 2nd day
of March. 2006.
TAYLOR WOODROW HOMES-
SOUT~~~~~A D~VISION, LLC
By:~I~
NATIONAL UNION FIRE INSURANCE
COMP ANY OF PITTSBURGH, P A
LDCA:6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On March 2, 2006
before me,
Janet C. Rojo, Notary Public
personally appeared - - - - - - - - - - - - - - - - Cynthia L. Lewis- - - - - - - - - - - - - - - - -
OOpersonally known to me - OR -
o proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that she executed the
same in her authorized capacity, and that
by her signature on the instrument the
person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
/ 11 J ,/~ ,r,
/ {/U(,(A---r- ( {; "\-
// Signature of Ncf.uu:y!
lbA4
1 6 A it.
POWER OF ATTORNEY
Am~rican Heme Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 175 Water Street, New York, NY 10038
K..~OW ALL MEN BY THESE PRESENTS:
No. 03-B-54650
That American H orne Assurance Company, aNew York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
---Cynthia L. Lewis, Susan Hecker, Janet C. Rojo, Swan Lee, M. Moody,
Betty L. Tolentino: of San Francisco, California---
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 11th day of February, 2006 before me came the
above named officer of American Home Assurance Company and
National Union Fire Insurance Company of Pittsburgh, Pa., to me
personally known to be the individual and officer described herein,
and acknowledged that he executed the foregoing instrument and
affixed the seals of said corporations thereto by authority of his
office.
r'\ " t6~'7 / '
\.' 1 L e/ / .< /./
/1id1>1-1~; ... 'W{
I ,
! / JULIANA E, HALL,EN8ECK
i ./ NOTARY PUBliC STATE U I-"EW YORK
V No 01 HA6125671
QUALIFIED W BRO'iX COUNTY
MY COMMISSIO~~ EXPIRES ~,PR'L 18, 2009
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to reprcsent
and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in thc
nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Powcr of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificatc bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in cffect may insert in such
certification the date thereof, said date to be not later than the date of delivery thcreofby such Attorney-in-Fact."
I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurancc Company of Pittsburgh, Pa. do hcreby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of thcse corporations, and the Powers of Attorney issued pursuant thereto, are
true and correct, and that both the Resolutions and the Powers of Attorney are in full force and cffcct.
IN WITNESS WHEREOF, I have hercunto set my hand and affixed the facsimile seal of each corporation
this 2nd day of H2\RCH .~OOG
~:t;~~ A ~ _
....E1ihbeth M. Tuck, Secretary
65166 (4/96)
1 c> 1\4
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO. 29-55-40
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
TAYLOR WOODROW HOMES - SOUTHWEST FLORIDA DIVISION, LLC
8430 ENTERPRISES CIRCLE, SUITE 100, BRADENTON, FL 34202
(hereinafter referred to as "Owner") and
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
175 WATER STREET, NEW YORK, NY 10038
(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 Eight Hundred Eighty Four Thousand Three Hundred Eighty Nine and
88/100ths Dollars ($884.389.88) 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 CABREO @ MEDITERRA 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 fonnal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful perfonnance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 11th day
of May. 2006.
TAYLOR WOODROW HOMES-
SOUTH EST F ORID DIVISION, LLC
~D71 V;'("e t"s :rtltr
LDCA:6
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, P A
/;~ ~ 0
BY: C:.. "rr:;~ '^-..-..
CYNT JL. LEWIS. ATTO
16A~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On
May 11, 2006
before me,
Janet C. Rojo, Notary Public
personally appeared - - - - - - - - - - - - - - - - Cynthia L. Lewis- - - - - - - - - - - - - - - - _
IBIpersonally known to me - OR-
o proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that she executed the
same in her authorized capacity, and that
by her signature on the instrument the
person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
-~~---,.~-'----
//y~
(
Utuf- ( -
Signature of Notary
American Home Assurance Company
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: ] 75 Water Street, New York, NY ]0038
KNOW ALL MEN BY THESE PRESENTS:
16Al+
POWER OF ATTORNEY
No. 03-B-54650
That American H orne Assurance Company, aNew York c OJ'jJoration, and National Union F ire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
---Cynthia L. Lewis, Susan Hecker, Janet C. Rojo, Swan Lee, M. Moody,
Betty L. Tolentino: of San Francisco, California---
its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its busincss, and to bind the respective company thereby.
IN WITNESS WHEREOF, American Horne Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 11th day of Februarv, 2006 before me came the
above named officer of American Home Assurance Company and
Nationa] Union Fire Insurance Company of Pittsburgh, Pa., to me
personally known to be the individual and officer described herein,
and acknowledged that he executed the foregoing instrument and
affixed the seals of said corporations thereto by authority of his
office.
\\ / J/! I '
\--T'? .~? a /!kJJ' IM/
./'p, l~ ~' " ,I
, ttA-- 1 . ,v '1
;' J ! c_-
I ./ JULIANA e, HAI.LENBECK
I / NOTARY PUBLIC STATE U f',:W YORK
v No.01HA6125671
QUALIFIED IN BRONX COUNTY
MY COMMISSlm, EXPIRES APRIL 18. 2009
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Firc Insurance Company of
Pittsburgh, Pa. on May 18, I976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represcnt
and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the
nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixcd to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with rcspect to any bond, undertaking, rccognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOL VED, that any such Attorney-in-Fact delivering a secretarial certification that the forcgoing resolutions still be in effect may insert in such
certification the date thereof, said date to bc not later than the date of delivcry thereof by such Attorney-in-Fact."
I, Elizabeth M. Tuck, Sccrctary of Amcrican Homc Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powcrs of Attorncy issued pursuant thercto, are
true and correct, and that both the Resolutions and the Powers of Attorney arc in full force and effect.
IN WITNESS WHEREOF, I havc hereunto set my hand and affixed the facsimile seal of each corporation
65 \66 (4/96)
this 11th day of May 2Q06
C::t~~~'. ~L A ~ _
/, JA
Eli abcth M. Tuck, Secrctary
16A5
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16A6
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 shuuld be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office unly 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
hI' . I h h# r f, d
exception oft e Chairman's signature, draw a ine through routing lines # t rOtiO 4, complete the check 1St, and orwar 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 BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional Of missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only aftef the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A proved b the BCC
Type of Document
Attached
Phone Number
x... S S~
l!..t. A.
1
Yes
(Initial)
N/A (Not
A licabJe)
Agenda Item Number
'-\
Number of Original
Documents Attached
~
Jk)
Je
w
N/A is not
an option for
line 6.
1: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the chanoes, if a licable.
2.
3.
4.
5.
6.
,'-. ...M_.,......".,""",..,"""'_.,,,...,,"_,....,....,,q_~._. ....,........"'",..,."",.."""...,...."."""""....,,..., ". "....~...,.". _"b'"'''',,, ""'n~"'.."""..'1l".,....;t""_"...'..'d'"'-*'.^'"',."~"'.,,,,_..,_,,....,.."",.'"",.""_',~,,~",""
MEMORANDUM
Date:
May 11, 2006
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-112
Enclosed please find one copy of the document as referenced above
(Agenda Items # 16A6), approved by the Board of County
Commissioners on Tuesday, May 9, 2006.
If you should have any questions, please feel free to contact me
at 732-2646 ext. 7240
Thank you.
Enclosure
.1
}~ ';
16A6
RESOLUTION NO. 06--ll.2
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS IN DELASOL, PHASE ONE,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 40, PAGES 22
THROUGH 29, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPTANCE OF THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY AND DRAINAGE IMPROVEMENTS
THAT ARE NOT REQUIRED TO BE MAINTAINED
BY THE DELASOL HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
July 29,2003 approved the plat of Delasol Phase One 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 Delasol Phase One, pursuant to
the plat thereof recorded in Plat Book 40, pages 22 through 29, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Delasol Homeowners'
Association.
T.}J.is Resolution adopted after motion, second and majority vote favoring same,
this q day of ,Attay , 2006.
DATE:fttlfztllo
A TJEst~.::.,.c f';. t/.
~~~~
Attest. $1 ..t;Q o..frii8UiY Clerk
s1gn.t....oilh:. .':.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~~
FRANK HALAS, 1\1f
Jeff right
Assistant Collier County Attorney
!~"#. "~I
!-,gCdj~ ~/ q L; ~
DdttJ ..'_.L../~P ~
n
DF~8 ~11 'blP ~
. _. .1 fl., ~
. _. ----4c
Ut:r:'l~~Y C~';T"~ M
~;.~~.~."-,,,,:,,,~~"lB1;;.u;:"t'.m:..-.,,,,.J
Approved as to form and legal
suffic' ncy:
,
.-"""-
16A7
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
.9 f
1614 /]
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
"
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDNlSlON
<<
IMPROVEMENTS entered in this <... 1- ,l\ ..... day of ..l u '"^I 2006, 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 c0~nty, Florida, herein;fter 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. Z. €.
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 ofthe 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:
I. Developer will cause to be constructed: sixteen (16) SFD residences and associated
utilities, lot grading and landscaping within I ~ 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 $15,290.00 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 ofthis 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 be reviewed and approved by the County Manager or his designee for compliance
with the Collier County Land Develop Code.
~
I
1
~
J
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
u
approval of the improvements; or b) notify the'Developer in writing of his refusal to approve
improvements, therewith specifying those conditi~ns 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 prelinllnary 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 perfonnance security to secure satisfactory completion, repair and maintenance
of the required improvements, The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements requircd herein. The Developer as principal under the subdivision
2
. b'"
, J,'
1 f1.
8
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 ofthe 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 a]1d 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 l.',\- \ '" day of J 0'-',/ 2006.
SIGNED IN THE PRESENCE OF:
(NlaLlI" 01 f:luil'y) loLUA fteJo/lfCS I f Nt: .
ctJl:./4- E9- f(< . e~ "1::I~v-. VL
l:---~
B
, ~~ ,/'J /) ---I" :}
,,\. 'lUijj::~ L-~' 7': ~\.J2<./
frintName:, !rd, II H (-,,:/,..',
~~ n'"
t) 'Lu {tf" , \.1:" "
'P~int Name '];> (,,' f'~ \.,i~,,~' /'d',r'
b
.....\:'...1-
Print Narne/Title (President, VP, or CEO)
Provide Proper Evidence of Authority
ATTEST;
DWIGHT (;, BRG'
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:_~./~~ /'
, Chairman
B'
Attest: OItf~~ty Clerk
SfO/llt.-. MI.' .
Approved as to furm
And legal sufficiency:
(;~
BY:
Jeff E. Wri
Approved [or- JAK - February 200
Item #
luA3
._ I
'J 1,- I
Agenda - j 'IlL l,.-
Date
01 .'
Date (/IAG'
Rec'd
3
I {1i.l- IX
-~"-'----' --_._~"-'---
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 shuuld 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
16A9
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
\-\
Agenda Item Number
^ SlS:
/le.A,
b~
\~,j
Number of Original
Documents Attached
\
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
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 J~
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 ~
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 j~
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 JJj
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to 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 5""/9/0"" (enter date) and all changes N/A is not
made during the meeting have been incorporated (0 the attached document. The an option for
County Attorney's Office has reviewed the changes, if applicable. line 6.
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ Bce Forms/ Original Documents Routmg Slip WWS Original 9.03'(l4, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
May 11,2006
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-113
Enclosed please find one copy of the document as referenced above
(Agenda Items # 16A9), approved by the Board of County
Commissioners on Tuesday, May 9, 2006.
If you should have any questions, please feel free to contact me
at 732-2646 ext. 7240
Thank you.
Enclosure
!,...,,~
1
i~:i, ;,";"l
jb.. "]'
RESOLUTION NO. 06- 113
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS IN VERONA WALK PHASE lA,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES I
THROUGH 5, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPTANCE OF THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY AND DRAINAGE IMPROVEMENTS
THAT ARE NOT REQUIRED TO BE MAINTAINED
BY THE VERONAWALK HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 23,2003 approved the plat of Veronawalk Phase IA 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 Veronawalk Phase lA, pursuant
to the plat thereof recorded in Plat Book 41, pages I through 5, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Veronawalk Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this 9'H1 day of Ma.Il ,2006.
/
DATE: ,?I,~~I 2-~
AT1:B'$~~"">' ,
DWIGHT E. '13ROCK, CLERK
~~~/d.~
AU:." 1,:'. .,.. .'4 ~)Jy Clerk
si.~r.at~~,Onllf ,.'.,
Appro{ect as 16 form and legal
sufficiency:
,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~>~--
FRANK HALAS, CHA AN
16A9
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lef E right
ASSl tant Collier County Attorney
16AI0
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16 A 11
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
TillS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this :,I"Y day of o\l)4' ,2006 between DiVosta Homes, LP, hereinafter
referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
RECITALS:
A. The Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by
the Board of a certain plat ofa subdivision to be known as VeronaWaIk (phase 4A).
B. Chapter 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 the mutual covenants
hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary
sewer system, irrigation and street lighting improvements within eighteen (18) months from the
date of approval said subdivision plat, said improvements hereinafter referred to as the required
improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of $1,366,446.20, which represents
10% of the total contract cost to complete construction plus 100% of the probable cost to
complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may
call upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by the Developers engineer along with the final project records have been furnished
to be reviewed and approved by the County Manager or his designee for compliance with the
Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion either: a) notifY the Developer in writing of his preliminary approval of
the improvements; or b) notifY the Developer in writing of his refusal to approve
5/2612006-145233 Ver.011-NPESTELL
,-,
N05OO-P4A-OOO-ESBM-22472
16A 11-"
improvements, therewith specifYing those conditions which the Developer must fulfill in order
to obtain the Director's approval of the improvements. However, in no event shall the County
Manager or his designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the County Manager or his designee. After the one-year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developers'
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six months after the execution of this Agreement and once within every six months thereafter
the Developer may request the County Manager or his designee to reduce the dollar amount of
the subdivision performance security on the basis of work complete. Each request for a
reduction in the dollar amount of the subdivision performance security shall be accompanied by
a statement of substantial completion by the Developer's engineer together with the project
records necessary for review by the County Manager or his designee. The County Manager or
his designee may grant the request for a reduction in the amount of the subdivision performance
security for the improvements completed as of the date ofthe request.
8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids,
the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnifY the Board upon completion of
such construction, the fmal 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.
512612000-145233 Ver:Oll.NPE$TELL
,-,
N0506-P4A-OOQ..ESBM-22472
16A 1-1
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this ~ day of AUbf. , 2006.
SIGNED
IN THE PRESENCE OF:
~..~i~
~
~>[PIL l-tu \::::or
Printed or typed name
WitneJ
bUit S (l1t~.:,-
LvCtA S.HA<<'7,,J
Printed or typed name
ATTEST:
DvnGHTE.BROCK,CLERK
By: ~~. '.'.'.\fW'~-
~ttnt' \
S'\.QI\I '. 01
Approved as to form and Legal Sufficiency:
/" f
BY:
Jeff E.
51261200&-145233 Ver:Ol!.NPESTELL
,-,
N05OO-P4A-OOO-ESBM_22472
DiVosta Homes, LP
B~~~
Michael D. Rosen. Vice President
BOARD OF COUNTY COMMISSIONERS
OFCOLL.~RCO~A
By:':::=--""'> e ./
Frank Halas, Chairman
Ilem#~
Agenda '5 ' c: -bl
Date -, k>
Ogle <:6 - 31'O/p
Rac'd
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16All'
SUNTRUST
I09'j;'H(fi..n1i
16\ 11'
I
-~_.1
SUNTRUST
IRREVOCABLE STANDBY LETTER OF CREDIT NO. P003025
ISSUER, SUNTRUST BANK, 25 PARK PLACE, MC, GA-ATL-3706; 16TH FLOOR,
ATLANTA, GA 30303 (HEREINAFTER "ISSUER") .
PLACE AND DATE OF ISSUE, MARCH 13, 2006; 25 PARK PLACE, 16TH FLOOR,
ATLANTA, GA 30303
PLACE OF EXPIRY, AT ISSUER'S COUNTERS LOCATED AT 401 E. JACKSON
STREET, ATTN, LETTERS OF CREDIT DEPT.-GA-ATL-MC3706, TAMPA, FL 33602
DATE OF EXPIRY, THIS CREDIT SHALL BE VALID UNTIL MARCH 13, 2008, AND
SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR
PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60)
DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE
BENEFICIARY IN WRITING TO STAFF (AT ENGINEERING REVIEW SERVICES, 2800
N. HORSESHOE DR., NAPLES FL 34104) BY REGISTERED MAIL THAT THE ISSUER
ELECTS NOT TO SO RENEW THIS CREDIT.
APPLICANT, DIVOSTA HOMES, L.P., (HEREINAFTER "APPLICANT") 3459 PINE
RIDGE ROAD, NAPLES, FL 34109
BENEFICIARY, THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE
COMPLEX, NAPLES, FLORIDA, 34112.
AMOUNT, $1,366,446.20 (ONE MILLION THREE HUNDRED SIXTY SIX THOUSAND
FOUR HUNDRED FORTY SIX AND 20/100) (U.S.) UP TO AN AGGREGATE THEREOF.
CREDIT AVAILABLE WITH, ISSUER
BY, PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED, AVAILABLE BY BENEFICIARY'S DRAFT (S) AT SIGHT
DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY
BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER,
CERTIFYING THAT, "DIVOSTA HOMES, L. P. HAS FAILED TO CONSTRUCT AND/OR
MAINTAIN THE POTABLE WATER AND WASTEWATER ADDITIONS, EXTENSIONS
AND/OR IMPROVEMENTS AS SHOWN ON THE PLANS FOR VERONA WALK, PHASE 4A
OR PRIOR TO THE DATE OF EXPIRY THE APPLICANT FAILED TO COMPLETE THE
REQUIRED FINAL ACCEPTANCE PROCEDURES AS REQUIRED BY THE COLLIER
COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AND THE
APPLICANT FAILED TO PROVIDE THE COUNTY WITH SATISFACTORY ALTERNATIVE
PERFORMANCE SECURITY AS REQUIRED BY THAT ORDINANCE."
DRAFT(S) DRAWN UNDER
UNDER SUNTRUST BANK,
ORIGINAL LETTER OF
PRESENTED FOR PROPER
THIS LETTER OF CREDIT SHALL BE MARKED,
CREDIT NO. P003025 DATED MARCH 13, 2006."
CREDIT AND ALL AMENDMENTS, IF ANY, MUST
ENDORSEMENT.
II DRAWN
THE
BE
61718;021
16A 11
SUNTRUST
IRREVOCABLE LETTER OF CREDIT P003025
PAGE 2
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S
UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR
AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND
IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY
ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE
PUBLICATION NO. 500.
SUNTRUST BANK
BY: ()ve
DALE TOOTHILL
AVP
t'
I 0(2
L
0.1. Toolhill
Assist.ot \'ice Presideol
:617 (8/02)
16A 11
VERONAWALK
PHASE 4A
OPINION OF PROBABLE COST
Sanitary Collection System $ 386,351.46
Potable Water $ 206,405.89
Drainage $ 92,986.34
Paving $ 337,813.01
Lighting $ 40,688.66
Landscaping (Code Minimum) $ 63,250.00
Irrigation (Code Minimum) $ 114,728.45
Total Probable Cost $ 1,242,223.82
110% Bond Amount $ 1,366,446.20
r-~
'- -~/I';06
David J. Hurst, P.E.
FL Registration #6072'1
WilsonMiller, Inc.,FL Lic.IiLC-COOOHO
WilsonMiller, Inc.,Cel~ifiGate of Authorization #43
5/30/2006-# 145253v1
N0506-P4A-OOO-EDES
16A 11~:
SANITARY COLLECTION SYSTEM
PHASE 4A
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
TV sewer w/mandrel (preliminary) 3415 LF $ 2.98 $ 10,176.70
TV sewer (final) 3415 LF $ 3.03 $ 10,347.45
8" PVC Gravity Main (0-6' cut) 1432 LF $ 18.40 $ 26,348,80
8" PVC Gravity Main (6-8' cut) 1386 LF $ 22.43 $ 31,081.05
8" PVC Gravitv Main (8-10' cut) 415 LF $ 31.63 $ 13,124.38
8" PVC Gravity Main (10-12' cut) 128 LF $ 40.25 $ 5,152.00
8" PVC GraYity Main (16-18' cut) 54 LF $ 91,28 $ 4,929.12
Manhole 4' Diameter (0-6' cut) 8 EA $ 1,495.00 $ 11,960.00
Manhole 4' Diameter 6-8' cut) 5 EA $ 1 ,667.50 $ 8,337.50
Manhole 4' Diameter 8-10' cut) 4 EA $ 2,185.00 $ 8,740.00
Manhole 4' Diameter(16-18' cut) 1 EA $ 6,755.18 $ 6,755.18
4" Forcemain 42 LF $ 9.86 $ 414.12
8" Forcemain 1100 LF $ 15.53 $ 17,077.50
4" PluQ Valve 1 EA $ 625.00 $ 625.00
8" Plug Valve 2 EA $ 1,265.00 $ 2,530.00
Pumo Station - Complete 1 EA $ 150,000.00 $ 150,000.00
SinQle sanitary sewer service 18 EA $ 368.00 $ 6,624,00
Double sanitary sewer service 45 EA $ 483.00 $ 21,735.00
SUB-TOTAL SANITARY = $ 335,958
15% CONTINGENCY = $ 50,394
TOTAL SANITARY = $ 386,351
5/30/2006 ' # 145253v1
N0506,P4A,OQO,EDES
16A 11.:t'
POTABLE WATER
PHASE 4A
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
2" PVC Double Service 49 EA $ 460.00 $ 22,540.00
3/4" PVC Single Service 10 EA $ 345.00 $ 3,450.00
Connect to existina water with gap configuration 3 LS $ 2,000.00 $ 6,000.00
6" PVC Water Main (C-900, CL-150l 453 LF $ 14.95 $ 6,772.35
6" PVC Water Main (C-900, CL-200) 148 LF $ 17.95 $ 2,656.60
6" PVC Water Main (C-900, CL-150) 1063 LF $ 20.90 $ 22,216.70
10" PVC Water Main (C-900, CL-150) 1410 LF $ 24.50 $ 34,545.00
12" PVC Water Main (C-900, CL-150) 1073 LF $ 26.74 $ 26,692.02
12" PVC Water Main -{C-900, CL-200l 38 LF $ 27.17 $ 1,032.46
Fire Hvdrant Assemblv 11 EA $ 2,415.00 $ 26,565.00
6" Gate Valve wi Box 4 EA $ 575.00 $ 2,300.00
6" Gate Valve wi Box 5 EA $ 1,096.65 $ 5,463.25
10" Gate Valve wi Box 3 EA $ 1,265.00 $ 3,795.00
12" Gate Valve wi Box 3 EA $ 1,700.00 $ 5,100.00
Penn anent Blowott 6" 2 EA $ 1,650.00 $ 3,300.00
Temporarv Bacterial Sample Point 4 EA $ 977.50 $ 3,910.00
Permanent Bacterial Sample Point 1 EA $ 1,125.00 $ 1,125.00
SUB.TOTAL POTABLE WATER = $
15% CONTINGENCY = $
TOTAL POTABLE WATER = $
5/30/2006 ' # 145253v1
N0506,P4A,OOO,EDES
179,483
26,923
206,406
lEA 1 r .
STORM SEWER
PHASE 4A
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
15" RCP 214 LF $ 25.30 $ 5,414.20
18" RCP 1213 LF $ 27.56 $ 33,430.28
24" RCP 71 LF $ 39.26 $ 2,787.46
36" RCP 48 LF $ 72.14 $ 3,462.72
Vallev Gutter Inlet !Top and Bottom) 14 EA $ 1,908.18 $ 26,714.53
Junction Box 1 EA $ 1,465.28 $ 1,465.28
18" Flared End 6 EA $ 806.00 $ 4,836.00
24" Flared End 1 EA $ 1,006.44 $ 1,006.44
36" Flared End 1 EA $ 1,740.78 $ 1,740.78
SUB.TOTAL DRAINAGE = $
15% CONTINGENCY = $
TOTAL DRAINAGE = $
5/30/2006 ' # 145253v1
N0506,P4A,OOO,EDES
80,858
12,128.65
92,986.34
16 A 101:1'
PAVING
DESCRIPTION :1UANTIT UNIT TYP NIT PRIC TOTAL PRICE
3/4" Asohaltic Concrete (Tvoe S-III)11 st lift) 10,119 SY $ 2.30 $ 23,274.05
3/4" Asohaltic Concrete (Tyoe S-IIIH2nd lift) 10,119 SY $ 1.76 $ 17,804.64
12" Stabilized Subgrade 13,363 SY $ 2.42 $ 32,272.39
4" Limerock Base for Sidewalk 5,093 SY $ 3.45 $ 17,572.26
6" Limerock Base 7,233 SY $ 3.62 $ 26,202.81
8" Limerock Base 2,886 SY $ 4.83 $ 13,938.46
Soddina(Bahia) 7,960 SY $ 1.15 $ 9,153.68
24" Vallev Gutter 6,950 LF $ 5.18 $ 35,967.54
Curb & autter (Modified Tvoe "F") 419 LF $ 7.48 $ 3,131.28
24" Concrete Ribbon 591 LF $ 32.68 $ 19,299.83
4" Concrete Sidewalk 5,093 SY $ 18.40 $ 93,718.74
12" Solid stripe thermoolastic 173 LF $ 1.96 $ 338.22
24" Solid stripe thermoolastic 35 LF $ 4.03 $ 140.88
Blue Reflective pavement marker 11 EA $ 5.75 $ 63.25
Stoo Sian 3 EA $ 140.30 $ 420.90
Street Sian 3 EA $ 92.00 $ 276.00
Speed Limit Sign 1 EA $ 175.51 $ 175.51
PHASE 4A
SUB-TOTAL PAVING =
15% CONTINGENCY =
TOTAL PAVING =
$ 293,750
$ 44,062.57
$ 337,813.01
513012006 ' # 145253v1
N0506,P4A,OOO,EDES
16A 11
STREET LIGHTING
DESCRIPTION :!UANTIT UNIT TYP UNIT PRICE TOTAL PRICE
25' concrete pole and fixture 4,100 LF $ 8.63 $ 35,381.45
PHASE 4A
SUB.TOTAL LIGHTING =
15% CONTINGENCY =
TOTAL LIGHTING =
$ 35,381
$ 5,307.22
$ 40,688.66
5/30/2006 ' # 145253v1
N0506,P4A,OOO,EDES
16A 11
PHASE 4A
LANDSCAPING
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
Code minimum landscaping 1 LS $ 55,000.00 $ 55,000.00
5/30/2006 - # 145253v1
N0506,P4A-000,EDES
SUB.TOTAL LANDSCAPING = $
15% CONTINGENCY = $
TOTAL LANDSCAPING = $
55,000
8,250.00
63,250.00
16.4 1 1:
IRRIGATION
PHASE 4A
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
4" Irriaation Main C-900, CL 1SO\ 6,291 LF $ 11.S0 $ 72,343.97
8" Irriaatian Main C-900, CL 1S0) 998 LF $ 19.79 $ 19,749.34
8" Irrillation Main C-900, CL 200) 63 LF $ 20.90 $ 1,311.06
8" x 4" TEE 2 EA $ 46.00 $ 92.00
8" Gate Valve wi Box 1 EA $ 977.S0 $ 977. SO
4" Gate Valve wi Box 2 EA $ 80S.00 $ 1,610.00
Controller wi Rain Sensor 1 EA $ 3,4S0.00 $ 3,4S0.00
Electric Solonoid Valve 1 EA $ 230.00 $ 230.00
SUB-TOTAL IRRIGATION = $
15% CONTINGENCY = $
TOTAL IRRIGATION = $
5/30/2006 ' # 145253v1
N0506,P4A,OOO,EDES
99,764
14,964.58
114,728.45
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16A12
Supplemental Amendment No.2 to Inter-local Agreement
THIS SUPPLEMENTAL AMENDMENT is made and entered into this :24 r.Jf day of
11;q y' , 2006, by and between the Board of County Commissioners, Collier County, Florida,
a political subdivision of the State of Florida, hereinafter called the "COUNTY," and the City of
Naples, Florida, hereinafter called the "CITY."
WITNESSETH
WHEREAS, by an Inter-Local Agreement dated February 25, 2003 (hereinafter referred
to as the "Agreement"), a copy of which is attached hereto as Exhibit "A," the COUNTY and the
CITY entered into an understanding with respect to the engagement of Tomasello Consulting
Engineers (TCE) to further the appeals resolution process and to prepare a restudy of FEMA's
2005 Flood Insurance Study for Collier County; and
WHEREAS, the parties amended the Agreement by a Supplemental Agreement dated
February 18,2004, a copy of which is attached hereto as Exhibit "B," to add additional area to be
incorporated into the restudy; and
WHEREAS, FEMA has requested TCE provide additional analysis on coastal surge
flooding, which flooding impacts both parties; and
WHEREAS, the parties wish to amend the Agreement to provide for additional
compensation not exceeding $16,000 to TCE for the additional services requested by FEMA,
with each party paying half of the cost for the additional analysis.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter
contained, the CITY and COUNTY agree to supplement and amend the Agreement as follows:
1. The services for additional coastal storm analysis will increase the current
contract sum of $292,007 by an amount not to exceed $16,000, bringing the amended contract
amount to $308,007.
"'"
o
=
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-
2. The CITY will be responsible for amending the arrangement with TCE to provide
for the additional analysis, and will pay TCE in full for the services rendered. Following
payment, the CITY will invoice the COUNTY for half of the payment to TCE. COUNTY will
remit payment to CITY, up to the maximum of $8,000, within thirty (30) days of receipt of the
CITY's invoice.
=
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~ "'" 3. Except as expressly set forth herein, all other terms and conditions of the
:: ;;: ...... Agreement, as amended by the Supplemental Agreement dated February 18, 2004, continue in
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IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Amendment
16A12
to be executed by their appropriate officials, as of the date first above written.
o::::t'
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Dated~" ~t.,
,2006.
) . '.
ATTES,T:, :.. ,.',
DWIGHT E::BROCJ{'-:Clerk
~'''' ,.." i ,';-.,
.-.. ,,;1
Dated: ~ A3
,2006.
ATTEST:
~..;..-7?~~
ARA A. NO AN, Cit 1 k
Approved as to fi rm and legality:
/i.
';;d ,-
, f!-"J!
Robert D. Pritt
City Attorney
t
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
~?~~
By:
FRANK HALAS, CHAIRMAN
v.E~7 ~.
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letn: UTN: TARA NORm
cm or NAPLES
735 8TH S1 S
RAPLES Pl 3U02
31~7714 OR: 3269 PG: 1963
RICORDID In the ommL mORDS of conm COUNT!. E
OI!lSmOJ H lZ:25PN DWIGHT B. BROCK. CLm
mm
:4.0(.
INTER-LOCAL AGREEMENT
THIS AGREEMENT, made and entered into this dS~ day of (e B..
2003 by and between the Board of County Commissioners, Collier County, Florida, a
political subdivision of the State of Florida, hereinafter called the "COUNTY" and the
City of Naples, Florida hereinafter called the "CITY."
WITNESSETH
WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163.
Florida Statutes, authorizes the joint exercise of any power, privilege or authority which
the public agencies involved herein might exercise separately; and
WHEREAS, the COUNTY, in cooperation with the CITY wishes to engage the
services of Tomasello Consulting Engineers (TCE), hereinafter called the
"CONSULTANT" to further the appeals resolution process and to prepare a restudy of
FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER
COUNTY, hereinafter referred to as "PROJECT," and
WHEREAS, the CITY proposes to engage said CONSULTANT in regard to
similar services; and
WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf
of the COUNTY, engage said CONSULTANT for the PROJECT; and
WHEREAS, the CITY is agreeable to and desirous and capable of performing,
providing, or otherwise undertaking such services for COUNTY in connection with the
PROJECT;
NOW, THEREFORE, in consideration of the promises and mutual covenants
hereinafter contained, the CITY hereby agrees to perform, provide, or otherwise
undertake said services in connection with the PROJECT as outlined below, and both
the COUNTY and the CITY hereby covenant each to the other to implement the
PROJECT concurrently subject to the terms and provisions as hereinafter contained.
SECTION I.
DESCRIPTION OF SERVICES TO BE PROVIDED:
A. UNDER RESTUDY PROJECT:
BEFORE STORM SURGE CALIBRATION RUNS
1.01 Develop coastal maps displaying topography, bathymetry, physical
features, landuse, landcover, etc. applicable to model applications for
storm surge analysis.
1.02 Setup and map grid networks (coarse and fine) for storm surge model
inputs. Prepare other inputs including channel locations and parameters.
1.03 Summarize historical flooding, shoreline erosion/flooding assessment.
1.04. Prepare tidal data for use in coastal analyses and model calibration.
1.05 Prepare storm climatology and develop probability distributions.
BEFORE OPERATIONAL RUNS
1.06 Develop maps showing parameters related to model inputs, barriers, and
inlet geometries,
1.07 Input files prepared for operational runs.
1.08 Sensitivity storm calibrations evaluating effects of friction, wind stress, etc.
16 j~ 1 2
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OR: 3269 PG: 1964
1.09 Tide and storm calibration results summarized.
1.10 Summarize any changes to model.
BEFORE OPERATIONAL WAVE ELEVATION DETERMINATION MADE
1.11 Detail PROBS results in interim report,
1.12 Map storm surge/astronomical tide flooding results.
1.13 Map wave transects, provide details of WHAFIS inputs.
BEFORE WAVE ELEVATION DETERMINATIONS ARE MAPPED
1 .14 Wave transect calculation
1 .15 Final Report
Storm Climatology and Storm Windfield Methodology
Hydrodynamic Storm Surge Model
Calibration and Verification of Hydrodynamic Storm Surge Model
Statistical Methodology
Computer Program documentation
Wave Height, runup and erosion analysis
B.
1.16 FI RMs Prepared
GOLDEN GATE SHEET 20 APPEALS RESOLUTION
1.01 Complete Appendix C/M compliance work for that portion of the appeals
resolution process pertaining to Golden Gate, known as the Sheet 20
Study, on behalf of the County.
SECTION II. TERMS
2.01 Except as this Agreement may otherwise be terminated, this Agreement
shall remain in full force from the date first above written and shall
terminate upon the completion of the services and responsibilities
performed by the COUNTY and the CITY to each other's reasonable
satisfaction which shall be evidence in writing.
2.02 The COUNTY or CITY may terminate this Agreement with reasonable
cause prior to the completion of the PROJECT, upon thirty (30) days prior
written notice each to the other. In the event of such termination by either
party, the COUNTY shall be entitled to compensation for the value of
services provided, and termination costs as actually incurred.
2.03 The PROJECT as proposed shall be primarily maintained by the CITY or
its assigns.
SECTION III.
CITY'S RESPONSIBILITIES
3.01 The CITY shall assume the entire responsibility for contracting with the
CONSULTANT.
3.02 The CITY shall be responsible for, the means, methods, techniques,
sequences and procedures relating to the PROJECT.
3.03 The CITY agrees to assign a representative or agent to the PROJECT
during the tenTl of the PROJECT so that the COUNTY may effectively
coordinate its services with CITY. In this respect. the CITY agrees to
require its representative or agent to attend regular progress meetings as
may be requested by the COUNTY. The CITY'S representative or agent
under this Agreement shall be any individual, firm or entity that the CITY
recommends to the COUNTY and the COUNTY henceforth approves.
16 12
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OR: 3269 PG: 1965
16A12
Moreover, the CITY'S representative or agent under this Agreement, shall
act as CITY'S contract authority under this Agreement and any directions,
instructions, or notifications given such representative or agent by the
COUNTY or by the COUNTY'S authorized representative or agent shall
be in full force as if given directly to the CITY. The above notwithstanding,
the COUNTY shall endeavor to issue directives, instructions or
notifications relating to the PROJECT directly to the CITY.
3.04 Administrate, in the form of plans, memoranda, reports. PROJECT
clarifications and changes which may be necessary during the PROJECT.
If any such changes directly affect the COUNTY, the CITY shall notify the
COUNTY'S representative, and if the COUNTY approves such changes in
writing, the CITY shall forthwith prepare Change Order and/or
Supplemental Agreement documents as appropriate. The above
notwithstanding, the COUNTY additionally authorizes the CITY to prepare.
execute and implement minor Change Orders for work changes
necessitated by the PROJECT so long as the contract amount authorized
by this Agreement is not exceeded.
3.05 Obtain required waivers and releases of claim of lien from persons and
firms performing work or providing services on or for the PROJECT.
SECTION IV.
COUNTY'S RESPONSIBILITY
4.01 With respect to specific services to be provided to the CITY by the
COUNTY under the terms of this AGREEMENT, the services are deemed
to include but shall not necessarily be limited to the following items:
4.02 In the event that the COUNTY should require additional services as
necessary and mutually agreed upon by COUNTY and CONTRACTOR
under this Agreement, and which would exceed the contract sum of
$235,000. Change Orders and/or Supplemental Agreement documents
for this Agreement must be issued by the COUNTY for said additional
services, and shall be authorized in writing signed by both the COUNTY'S
representative and the CITY.
4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and
including the sum of $188,000 with the understanding that the CITY shall
share in the cost of the PROJECT in the amount of $47,000.
4.04 Regularly and periodically examine, with the CITY or CITY'S
representative, requests for payment (monthly pay estimates) as
submitted to the COUNTY by the CITY'S contractor to determine that they
are in order for payment and consistent with the contract documents
entered into between the COUNTY and the CITY. When such requests
are deemed 10 be in proper order the COUNTY shall certify that to the
best of its knowledge, the quality and quantity of work performed is in
accordance with the PROJECT services and shall transmit them for
payment to the COUNTY Finance Director as part of the monthly payment
processes for the PROJECT.
4.05 Notify the CITY if the COUNTY'S contractor's performance is or appears
to be behind schedule with regard to the PROJECT.
4.06 Upon completion of all work associated with the PROJECT, including all
Change Orders and Supplemental Agreements thereto, make a final
review of the PROJECT with the CITY'S agent or representative.
SECTION V.
INSURANCE
OR: 3269 PG: 1966
5.01 The COUNTY and the CITY shall maintain insurance in the minimum
amounts and types as required by Florida Law.
16A12
5.02 The COUNTY and the CITY agree that either party may be self-insured on
the condition that all self insurance(s) must comply with all state laws and
regulations and must meet with the approval of the other party to this
Agreement.
SECTION VI. REPRESENTATIVES
'\
6.01 The Collier County Community Development and Environmental Services
Administrator, or their designee, either directly with the CITY or through
duly authorized representatives assigned to the PROJECT by them, shall
act as the COUNTY'S contract authority and representative under the
Agreement.
SECTION VII.
MUTUAL COVENANTS
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7.01 The COUNTY shall pay unto the CITY the amount of COUNTY'S cost of
services pursuant to Article 4.01 and 4.02 above.
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MISCELLANEOUS
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8.01 This Agreement shall be govemed by and constructed under the laws of
the State of Florida. In the event any litigation is instituted by way of
construction or enforcement of this Agreement, the party prevailing in said
litigation shalt be entitled to collect and recover from the opposite party all
court costs and other expenses including reasonable attomey's fees.
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8.02 It is understood that this Agreement must be executed by both parties
prior to the CITY and the COUNTY commencing with the work and
services described heretofore.
8.03 This Agreement contains the entire understanding between parties and
modifications to this Agreement shall be mutually agreed upon in writing
by the CITY or it's designee and the Development Services Director or
their designee.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written,
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Dated:,.~,~:.3J
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Approved as \'0 'fe)"", and legal sufficiency:
.r~~ utt-' h)N(~(~ \I)~ I\rl
~ II R.Oavld C. Weigel, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
ATTEST:
CITY OF NAPLES ',"
TARA A. NORMAN, Clerk'"
By:~4-~
Tara A. Norman. Clerk
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Approved as to form and legality:
By: 1{oAt- T) PrJ~_
Robert D. Pritt, City Attorney
*** OR: 3269 PG: 1967 ttt
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OR: 3508 PG: 0290
16A12
SUPPLEMENTAL Amendment to INTER-LOCAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, made and entered into this
18m day of Fe-e.. 2004, by and between the Board of County
Commissioners, Collier County, Florida, a political subdivision of the State of Florida,
hereinafter called the "COUNTY" and the City of Naples, Florida hereinafter called the
"CITY."
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WITNESSETH
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WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 16~,
Florida Statutes, authorizes the joint exercise of any power, privilege or authority which
the public agencies involved herein might exercise separately; and
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WHEREAS, the CITY, in cooperation with the COUNTY has engaged the
services of Tomasello Consulting Engineers (TCE), hereinafter called the
"CONSULTANT" to further the appeals resolution process and to prepare a restudy of
FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER
COUNTY, hereinafter referred to as "PROJECT," and
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WHEREAS, the COUNTY proposes to supplement and amend said
AGREEMENT pursuant to the provisions of paragraph 4.02 of the original Agreement in
regard to CONSULTANT services pertaining solely to work to be performed for the
COUNTY; and
WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf
of the COUNTY, compensate said CONSULTANT for the additional PROJECT WORK
pertaining solely to the COUNTY; and
WHEREAS, the CITY is agreeable to and desirous and capable of performing,
providing, or otherwise undertaking such services for COUNTY in connection with the,
proposed amendment to the PROJECT WORK.
NOW, THEREFORE, in consideration of the promises and mutual covenants
hereinafter contained, the CITY and COUNTY hereby agree to supplement and amend
the existing Inter-local Agreement as follows in "underline" to reflect newly added text
and by "&triko through" to reflect deleted text:
SECTION IV. COUNTY'S RESPONSIBILITY
4.01 With respect to specific services to be provided to the CITY by the COUNTY
under the terms of this SUPPLEMENTAL AGREEMENT, the services are deemed to
include but shall not necessarily be limited to the following items:
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4,02 In \he event that the COUNTY should require additional services as nelsbryA 12
and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and
which would exceed the contract sum of $226,000 292,007. a sum of $57.007 above
the originallv authorized amount. Change Orders and/or Supplemental Agreement
documents for this Agreement must be issued by the COUNTY for said additional
services, and shall be authorized in writing signed by both the COUNTY'S
representative and the CITY.
4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and
including the sum of $245.007. with the sum of $57.007 funded totallv bv Collier County
above the oriainallv authorized amount of $188,000 pertaining solelv to work to be
performed bv CONSULTANT for the COUNTY with the understanding that the CITY
shall share in the cost of the PROJECT 2n!Y..in the amount of $47,000.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement
to be executed by their appropriate officials, as of the date first above written.
Dated: ~ J Iff J 0,/
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BOARD OF COUNTY COMMISSIONERS
. . .', . lHH"fO COLLIER COUNTY FLORIDA
ATTEST' :.;r ':."...... Ok
.(.: '-', ~- ". ('
DWIGHT E..m;tOCK; Clerk
BY:~~~ By: ~~~~..
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rove . as 'to fijrlt1'and legal sufficiency:
Patrick G. hite,
Assistant County Attorney
ATTEST:
TARA A. ~ORMAN, Clerk J
BY:~~~~
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CITY OF NAPLES
By'
~i9f Mayor
Bill Barnett
Date:
Approved as to form and legality:
By: K~f b.?~
Robert D. Pritt, City Attorney
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~(l trrle. 1/z'1/04
~d I/Z8/04
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-----1-6 TI"2
Book 124 . Page _
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Agenda Item. 7-1
Meeting of 2/18/0~
RESOLUTION 0~-10360
A RBSOLO'l'ION APPROV'IW >>l .AKJ:NI:II:BN'l '1'0 'l'IIB IR'l'BRLOCAL AQ~ BB'.l'ImBR TBB CZT'Y
01" IlU'LBS Ala) TIll: BOIJU) 01" COtJN'l'Y COIIIIISSIONImS 01" COLLDm COtJIII'rll" TO COIIPLJ:1'B THB
FLOOD DllSURAIICB S'l'UJ)Y I'OR TK1!l OOLDEN GA'l'B BSTA'l'BS ARB, IaIOmI AS 'l'IIB SBBB'l' 2D
S'1'tJDY I AO'l'IIOlUZDIQ TIm DYOR TO JaBCUTB THB AIIBl'mIIBR'l' TO TIll: DII'1"BlUaOCAL AGRBBIIZN'1' I
Ala) PROVI:DI:HQ >>l Bl'J'BC'1'I:VB DATE.
WHBRBAS ,
the Interlocal Cooperation Act of 1969, set forth in Chapter 163,
Florida Statutes, authorizes the joint exercise of any power,
privilege or authority which the public agencies involved might
exercise separately; and
WIIBRBAS ,
the County and the City have engaged the services of Tomasello
Consul ting Engineer's Inc., to prepare a restudy of FEMA' s 1998
proposed Flood Insurance Study to improve the accuracy of the
proposed maps for the coastal areas of Collier County and the City of
Naples; and
WHIIIRBAS ,
it is the desire of the County and the City to amend the Interlocal
Agreement to allow Tomasello Consulting Engineer's Inc., to complete
the flood insurance study of the Golden Gate Estates Area, known as
the Sheet 2D study; and
WHIIIRBAS ,
it was mutually agreed that the City of Naples would oversee the
administration and payment thereof to Tomasello Consulting Engineer'S
Inc.; and
WIIBRBAS ,
the County is responsible to compensate the City for all services
provided by the Flood Study Contractor, Tomasello Consulting
Service's Inc.. relating to the Golden Gate Estates area (Sheet 2D)
study; and
WIIBRBAS ,
it is in the best interests of the citizens of the City of Naples to
amend the Interlocal Agreement;
ROW, "l'RBRBI'ORB, BB IT RBSOLVED BY Tim COUNCIL 01" 'l'IIB CI'l'Y 01" HAPLBS, l"LORZDA:
Section 1.
That the amended Interlocal Agreement between the City of ~aples and
the Board of County Commissioners of Collier County with regard to
engaging the services of Tomasello Consulting Engineer'S Inc., to
complete the Flood Insurance Study for the Golden Gate Estates area,
known as the Sheet 2D study, for Collier County is hereby approved,
a copy of which is on file in the City Clerk's Office.
Section 2.
That the Mayor is hereby authorized to execute the Interlocal
Agreement.
Section 3.
This resolution shall take effect immediately upon adoption.
PAS.SJm............IH.OPBN AHD.""lUIQ1lLAIl SESsrOH OF ..... ~~ OF HlU'LU.
~D.e"t, ~~S 18tt'; DAY 01" FEBRUARY, 2004.
. J3.,.', .' . 4 .
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. ,. .
.' , , Bi 1 Barnett. Mayor
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Attest: O.
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K.\KKr\ooaMC%L\"S\Z~O'\O'-10360
and legality:
ity Attorney
Date filed with City Clerk:
4-;15-0,!-
16A14
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
1681
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Print nn pink p,lper Attach to original doeunKnt. Origlllal d'KlIIllcnts should he Iwnd ddivcrcd 10 the rloard Olllec. The completed routing slip und original
dOcllllle'nls arc 10 hc f(lmardcd to the Board Olllce onl) after thc Board hw; taken action on the' itellL)
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 simature, draw a line thrould routine: lines # I throu2h #4, complete the checklist, and forward to Sue Filson (ljne #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
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2. ----- --
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3. .' -
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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 needed in the event one of the addressees above, including Sue Filson, need to contact statffor 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 Margaret Ramos Phone Number 774-8924
Contact
Agenda Date Item was 5/9/06 Agenda Item Number l6Bl
Approved by the BCC
Type of Document Adopt-A-Road Agreements Number of Original 5
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
Yes
(Initial)
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Date:
To:
From:
Re:
MEMORANDUM
May 10,2006
Margaret Ramos
Adopt - A - Road Coordinator
Teresa Dillard, Deputy Clerk
Minutes & Records Department
(5) Adopt-A-Road Agreements:
Valle Professional Services, Christopher Realty, Laura
Faustino- Century 21, Stoney's Citrus Farms and Anchor
Health Centers
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Item #16Bl), as approved by the Board of County
Commissioners on Tuesday, May 9,2006.
If you should have any questions, please call me at 732-2646 ext. 7240.
Thank you.
Enclosures
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road
Program Agreements at no cost to the County because of already existing signs.
OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements
signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a-
Road program.
CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the
particular segment of roadways named in the Agreements, to perform litter removal in
accordance with instructions contained in the Agreements.
FISCAL IMPACT: There is no cost associated with these Agreements because the signs
already exist.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer
groups: Christopher Realty, Laura Faustino Century 21, Stoney's Citrus Farms, Anchor Health
Centers and Valle Professional Services as the sponsors of the listed roadways and that the Board
of County Commissioners authorize its Chairman to execute five (5) Agreements on behalf of
Collier County.
Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Dept.
Attachment: Agreement (5)
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COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this -L day
,
, 2~':'by and between Collier County (hereinafter the "COUNTY"), and the
group, Valle Professional Services (hereinafter the "GROUP"), whose address is 50
21st Street N.W., Naples, Florida 34120.
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 Randall Blvd. from Immokalee Road to 16th Street N.E. (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
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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.
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E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
~~~~Qo#K
. Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~ag/
-
By:
Frank Halas, Chairman
GROUP: Valle Professional Services
By: N~Y"''--i%'" \Jijl( iVcyrl'-
TItle (pnnt): pr~ s ~ d,"yr-
Phone # (day): ') r~ "i'~; '/ ~ ~ ('l) ~ 7
Phone # (night): "-:>t:~ v YU..
ow
Attorney
A
16["
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
HIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this f'ty
, 200?-by and between Collier County (hereinafter the "COUNTY"), and the
group, Christopher Realty (hereinafter the "GROUP"), whose address is 365 Capri
Blvd. Isles of Capri, Florida 34120.
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 Capri Boulevard from the Capri Water Tower to The end of Capri Boulevard (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTeD), 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
~
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.
...,
r -J ~~'~
/:~1 g
~~"":'
16
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 of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold hannless 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
".':';
1681
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BR K, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'ec
By:
~<-,:-;:;J4' /
Frank. Halas, Chairman
Deputy Clerk
GROUP Christopher Realty
\; , .-\ (_ I; .
By: ,-LIv~- v'-\;.~~_. '-<,-"VL.J,.---
i~ ame (print):J L ,....:' ,.J L U \1 A \J '~
--j Title (print): r: f~:':t:'" \ () t-);- / l_.' '0 i..J t" ~
Phone # (day):) \' \ . ~ 'i ~ .) ". ~ "
Phone # (night): .)',<"\ ,';.) \ l. ,( ~)
Approved as to form
and legal s lciency:
Jeffrey A.
Assistant C
II
1681
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
/J ;rIDs COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this ~ ~.
''4}_ , 2<Yd by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Laura Faustino, Century 21 (hereinafter the "GROUP"), whose address is
1032 Orange Ct. Naples, Florida 34120.
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 Immokalee Road from Woodcrest Road to Rock Road (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold hannless agreement provided by the COUNTY, and attend a
16B~1
r-' ''''~
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.
')
16 R~~
~.'~
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 of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
'1
16[)1'
Li ".,.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. B~K, Clerk
~~.k
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~-:;;Jo ./
Frank Halas, Chairman
)
GROUP: Laue.l'ausin_o~Realtor gentury 21\4;"'2/1
r-----. / ",'^.~-' -<---
By: L ,t. <-( ,. 4..... /,,.>r/i-t.4_~,- /1/ tJ
Name (print): La (.( r(.~ / 4~ j I- r "'I b
Title (print): tJ:." (' /i I ;. 0 ~
Phone # (day): cJ3 y' g dl c' (. (, 7
Phone # (night): ~f,,). I {.l (. v 7
Approved as to form
and leg su r::
.-
11
16 P1
. . t.....,.' "
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
:>IIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this t/ ~y
~ __ , 20t{by and between Collier County (hereinafter the "COUNTY"), and the
vo~ group, Stoney's Citrus Farms (heremafter the "GROUP"), whose address IS 20671
Fruitful Drive, Estero, Florida 33928.
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 Airport-Pulling Road (East Side) from J&C Blvd. to Vanderbilt Beach Road (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16'R1
'-~ r:
..\,..
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 ofthe
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.
')
16
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 of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
'1
r~\~ ~. ":i
1.1 ~
~, ~,
16 BJ
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. ~K, Clerk
(~jlu~Yk
.. , Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~~~/
Frank Halas, Chairman
GROUP: Stoney's Citrus Farms
By:
Name (print): I(~d.~ ;(/(c~'I{r
Title (print): ;:'12'( Slne.oJ"/" t CC c'
Phone # (day);??? . If f < C. (; ,( t,
Phone # (night): ) .'~ j .:' '/e - 3 ( L( 7 - ((:J {
Ii
, H'~m# 1kl?J J
\69;;" ?-"!~
;. ,
!, I-:;'C (j _, 0 -o{o ;i
~ ;,:l.'..l --- ~
, ... A
I: ~
~ c'::'
t.
1
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
lJJHS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ~
of'~-jJiJF ' 20 p ,<by and between Collier County (hereinafter the "COUNTY"). and the
/
volunteef/ group, Anchor Health Centers (hereinafter the "GROUP"), whose address is 800
Goodlette-Frank Road North #250, Naples, Florida 34102.
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 Orange Blossom Drive from Airport PuUing Road to Livingston Road (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
, l
1681
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.
..,
If. r.... 'Jef'i
h f.... ~
~_J. ..., .~' ~~,,_
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 of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions ofthis 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 hannless 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
16
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties. either oral or written. with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
~~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
kBY:
~~/
rankHwas,Chwnnan
GR~r Health Cente"
By: ~
ame (print): C~r,( J 1\. Fb.rsc, f'\5
Title (print):
Phone # (day): .,,)3Q .. ~'\.~fb'\LO
Phone # (night): ~3-\- \c'-\ 3" S;~ loa I
Approved as to fonn
and Ie al suffic' ncy:
f
It
I,
1681
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
IS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this t:J ~y
, 20?tby and between Collier County (hereinafter the "COUNTY"), and the
volunte group, Stoney's Citrus Farms (hereinafter the "GROUP"), whose address is 20671
Fruitful Drive, Estero, Florida 33928.
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 Airport-Pulling Road (East Side) from J&C Blvd. to Vanderbilt Beach Road (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
I. 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
1681
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.
II. 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.
')
1681
B. THE COUNTY SHALL:
I. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
~
(81
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.
A TIEST:
D"::IpHT &.~K, Clerk
~wfANyCZtY k
. '..< . .' .' Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~
~- <'" /
By:
Frank Halas, Chairman
GROUP: Stoney's Citrus Farms
By: ()J ~
Name (print): I(GUi.^" /(/((0//1
Title (print): ,PRe SiD".""' t CeO
Phone # (day);,?39 . 'ly';I:-'('7G
Phone # (night): ) ",/, ;; '/e" 3 {, 'i 7 - C E.LL
s to form
cy:
Klatzkow
ounty Attorney
A
MEMORANDUM
Date: May 10, 2006
To: Claudia Plesha
Property Acquisition Specialist
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Declaration of Right-of-Way
Project # 60061: Folio # 38100280006
Enclosed please find (1) Copy of the original document (Agenda Item
#16B2) as referenced above, which was approved by the Board of County
Commissioners on Tuesday, May 9, 2006.
If you have any questions, please call me at 732-2646 ext 7240.
Thank you.
Enclosure
16H2
PROJECT: 60061
FOLIO: 38100280006
3836713 OR: 4034 PG: 3864
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/11/2006 at 08:15AM DWIGHT E, BROCK, CLERK
REC m 18.50
COPIES 2.00
Retn:
CLERK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
1613a
Prepared by:
Ellen T. Chadwell, Esquire
Office of the cOUtIty Attorney
3301 East TaMlaMl Trail
Naples, Florida 34112
( 941) 77 4--8400
DECLARATION
THIS DECLARATION is made this q ~ day of ~, 20.Q.(" by
COLLIER COUNTY, a political subdivision of the State of Florid'a, having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Declarant."
WHEREAS, Declarant is the owner of certain real property situated in Collier
County, Florida, a portion of which Declarant desires to set aside and reserve in
perpetuity for right-of-way, drainage and utility purposes, said portion more particularly
described as follows (and hereinafter referred to as the "Property"):
See attached Exhibit "A" which is
incorporated herein by reference.
NOW THEREFORE, Declarant does hereby set aside and specifically reserves
the Property for construction and maintenance of roadway, sidewalk, bike path,
drainage and utility facilities, including the installation of overhead and/or underground
electrical transmission and distribution facilities, and overhead and/or underground
telephone, fiber-optic and cable television facilities.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and y~ar first above written.
,I,:
ATTEST:
~~~k
. , Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Fra~~i;,,~'7./
Approved as to form and
legal sufficiency:
.b/h tyI a~
Ellen T. Chadwell
Assistant County Attorney
Item # llob;).
Agenda )f ",I,
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MEMORANDUM
Date: May 17, 2006
To: Debbie Armstrong, Property Acquisition Specialist
Transportation/ECM/Right -of- Way
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement
Enclosed for your records, is a copy of the above of the referenced
document (Agenda Item #16B3), authorized by the Board of County
Commissioners on Tuesday, April 26, 2005.
If you should have any questions, please contact me at 732-2646 ext
7240.
Thank you.
Enclosure (1)
1683
16B3
PROJECT: County Barn Road
PARCEL No.: 121
FOLIO No.: 00404080008
EASEMENT AGREEMENT
THIS EASEMENT AGREE,t1ENT (hereinafter referred to as the "Agreement") is made and
entered into on this I (p day of ~_ , 2006, by and between WILLIAM
PILGER AND LETICIA PILGER, husband a wife, whose mailing address IS 2500 County
Barn Road, Naples, FL 34112-7415 (hereinafter referred to as "Owner"), and 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
"Purchaser") .
WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way,
Drainage and Utility Easement over, under, upon and across the lands described in Exhibit
"A", which is attached hereto and made a part of this Agreement (hereinafter referred to as
the "Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
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 Easement to Purchaser for the sum of $7,800.00 subject to the
apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement
(said transaction hereinafter referred to as the "Closing"). Said payment to Owner,
payable by County Warrant, shall be full compensation for the Easement 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
Easement 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 Easement, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. Owner shall cause to be
delivered to Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form (hereinafter referred
to as "Closing Documents") on or before the date of Closing:
(a) Easement;
(b) Closing Statement;
(c) "Gap", Tax Proration, Owner's and Non-Foreign Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
Easement Agreement
Page 2
1683
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence of this Agreement and
that, therefore, Closing shall occur within ninety (90) days from the date of execution of
this Agreement by the Purchaser; provided, however, that Purchaser shall have the
unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At
Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver
the Closing Documents to Purchaser in a form acceptable to Purchaser.
5. Owner and Purchaser agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
6. Owner is aware 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement, 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.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affect
the Easement or which adversely affect Owner's ability to perform hereunder;
nor is there any other charge or expense upon or related to the Easement
which has not been disclosed to Purchaser in writing prior to the effective date
of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change from
its existing state on the effective date of this Agreement up to and including the
date of Closing. Therefore, Owner agrees not to enter into any contracts or
agreements pertaining to or affecting the property underlying the Easement and
not to do any act or omit to perform any act which would change the physical
1683
Easement Agreement
Page 3
condition of the property underlying the Easement or the governmental
ordinances or laws governing same.
(h) The property underlying the Easement, and all uses of the said property, have
been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement except
as specifically disclosed to the Purchaser; that the Owner has no knowledge of
any spill or environmental law violation on the property contiguous to or in the
vicinity of the Easement to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of: a) any spill on the property
underlying the Easement; b) any existing or threatened environmental lien
against the property underlying the Easement; or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the property underlying the Easement. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title, all
Easement 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
recorded against the property underlying the Easement; provided, however, that any
apportionment and distribution of the full compensation amount in Paragraph 2 which
may be required by any mortgagee, lien-holder or other encumbrance-holder for the
protection of its security interest or as consideration for the execution of any release,
subordination or satisfaction, shall be the responsibility of the Owner, and shall be
deducted on the Closing Statement from the compensation payable to the Owner per
Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay
all documentary stamp taxes required on the instrument(s) of transfer.
10. 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.
11 . If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity whatsoever
for others, Owner 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 underlying the Easement before the Easement held in
such capacity is conveyed to Purchaser, its successors and assigns. (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.)
12. Conveyance of the Easement, or any interest in the property underlying the Easement,
by Owner is contingent upon no other provisions, conditions, or premises other than
those so stated herein; 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. No modification, amendment
Easement Agreement
1683
Page 4
or consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall be
severed from the Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
~N WITNESS WHEREOF, the parties hereto have executed this Agreement on this
~ day of ~ ,2006.
Date Acquisition Approved by BCC: 4/26/05 Agenda Item 16B3, Resolution #2005-164.
AS TO PURCHASER:
DATED: '; / J , / ,..t
I
ATTEST.:;" '. >
DWJG'Hre:'.: a~9CK, Clerk
~
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.tiR.tw't;.I."..... ..':.,) ~u y er
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: c.c''>~'/
FFtAi\iK HALAS, CHAIRMAN
1'.)( ,
AS TO OWNER:
DATED:
I
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1\ /2 ')/J1 (i/l/Yo ~
Witness (Signature)
WILLAIM)ILGER // : .
M' ////f / ..'
//<1- (//)',.' / _/&- ~ ~' i/
Signature (/
Name: rIAl \ f,
(Print or Type)
LETICIA PILGER
/ i IJ../ . . '/ ~-7
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a /~~f'. /., I . / ().;.fA,~)- /.:.;)
Witness (Signature) !
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Signature v
({'O/U U
Approved as to form and
legal sufficiency:
A4<.V(~
Ellen T. Chadwell
Assistant County Attorney
~
1683
EXHIBIT
I ~
PERPEllML. NON-EXclUSfVE
ROAD RIOHl'.oF-MY. DlWNAGE
All) UTIJTY EASEMENT
LEGAL DESCRIPTION AND SKETCH
PROPOSED RIGHT OF WAY
(NOT A SURVEY)
SECTION 8, TOWNSlllP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SHEET 1. OF 1-
~
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PROJECT NO. 60101
PROJECT PARCEL NO. 121
LEGAl. DESCRIPTION' PARCEL NO. 121
THE .ST 25 FEET OF THE UlioT 75 FEET OF THE
FOLLOlIING DESCRIBED PIlG'ERTY.
THE NORTH 25 FEE T OF THE !ioOUTH 112 OF THE
NORTH 112 OF THE NIl I'~ OF THE lio. I'~ OF
SECTI ON e. TOlINSH I P 50 !ioOUTH. RAIIGE 21 EA!ioT.
OF THE PUlL I C RECOIIIlS OF COLL 1 ER COUNTY. FLOIlIOA.
WILLIAM & LETICIA PILGER
FOLIO NUMBER: 00404080008
O.R. 868, PG. 471
WEST PROPERTY UNE
MICHAEL ,& RU IN HUGHES
Q,R. 2218. PG,I409
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'IISTERI:f RIW LINE OF
COVNTY BARN ROAD (C.R. 2681
OF SECTION 8 COUNTY BARN ROAD
OF SECTION 8 (C.R. 268)
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LEGEND,
RIW . RIGHT OF !lAY
LS . LAIIO SUIlVEYOIl
LIl . LICENSED IlUSINESS
P.Il. . PUT IlOOl
PG. . PAGE
PSU . PROFESSIONAL SUR'iETOIl IlIMPPER
C. R. . COUNTY ROAD
O.R. . OFFICIAL RECOIIIl
JOEL C.Ilt:GEE. PSII
PROFESSIONN.. SURlE'fDR AIID II.IPPER
FLDRIDA CERrIFICATE NG.&fJO
rij American
'II'" Consulting Engineers of Florida, LLC
4111 Land 0' Lakos Blvd. Suite 210
Land 0' Lako., Florida 34539
Phono: (813) 995-2800 Fax: (813) 998-1908
Cortlffeat. of Authorization No. 7110
CQU/1/R COUN7T
/JI/PARTJIBNI' 01' ~AfttW
DRAWN BY, JCW
CHECKED BY. SP
DRAWING DATE. 08-18-05
SCALE. 1".100'
16Cl
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16C2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16C3
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16C4
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16C5
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16G6
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 thc 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 silZnature, draw a line throulZh routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinl! 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 delivercd to the BCC office only aftcr the BCC has acted to approve the
item.)
Name of Primary Staff Ray Smith Phone Number 239-732-2502
Contact
Agenda Date Item was 5-9-06 Agenda Item Number 16c ~
Approved by the BCC
Type of Document Amendment Number of Original 21
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials,)
All handVllritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6,
C'/' )
I: Forms/ County Forms! BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
May 11, 2006
To:
Raymond E. Smith, Director
Pollution Control & Prevention Dept.
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Amendment No.02: Agreement No. ML040284
Between The South Florida Water Management
District and Collier County, Florida
Enclosed please find two (2) originals of the document as
referenced above (Agenda Item #16C6), as approved by the
Board of County Commissioners on Tuesday, May 9, 2006.
Please forward to the appropriate parties for signatures
and return a fully executed original to the Minutes and
Records Department.
If you should have any questions, please call me at
732-2646 ext. 7240.
Thank You.
Enclosures (2)
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
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ML040284-A02
AMENDMENT NO. 02
TO AGREEMENT NO. ML040284
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
This AMENDMENT NO. 02, entered into on Ma'f" q, d.O()" , to
that AGREEMENT dated November 3, 2003 and July 8,200 between "the PartIes," the South
Florida Water Management District (DISTRICT), and Collier County, Florida (COUNTY),
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
parties; and
WHEREAS, the Governing Board of the DISTRICT, at its March 8, 2006 meeting,
approved entering into this AMENDMENT NO. 02 with the COUNTY; and
WHEREAS, the parties wish to amend the AGREEMENT in order to increase funding
of the AGREEMENT, and amend the Statement of Work and the Payment and Deliverable
Schedule; and
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. The monetary consideration for the AGREEMENT is hereby increased by an amount
not-to-exceed Forty Thousand Dollars and No Cents ($40,000.00), for a total revised
AGREEMENT amount not-to-exceed Four Hundred Seventy Two Thousand Dollars and No
Cents ($472,000.00).
Amendment No. 02 to Agreement No. ML040284-A02 -- Page I of 3
8
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
format in accordance with Exhibit "C2" attached hereto and made a part of this AMENDMENT
NO. 02.
3. The Payment and Deliverable Schedule is hereby amended in accordance with Exhibit
"D2" attached hereto and made a part of this AMENDMENT NO. 02.
4. All other terms and conditions ofthe AGREEMENT, as amended, remain unchanged.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 02 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Carrie Hill, Interim Procurement Director
SFWMD PROCUREMENT APPROVED
By 4~
Date: ~t, ,J-" -0","
ATTEST
, .
DWIGHT E. ~
~. .~
\. '. DE;PUTY CLERK
J . (' " ,. '" r... .
., ,...J, ,~.. \.v .."nil Il'1I4ft I
S i ~i;HWirt C'it I_
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
~~-
FrAnk Halas
Title:
APPROV~S TO F~~ENCY
Of\'\.
ASS STANT C NTY ATTORNEY
CHAIRMAN
F,m~ j {D~lo 1
,\>'"r:c13 c-1'9$2' ,,'
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Amendment No. 02 to Agreement No. ML040284-A02 -- Page 2 of 2
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16C6
EXHIBIT "C2' ,
STATEl\.1ENT OF WORK
COLLECTION AND ANALYSES OF SURFACE WATER QUALITY
SAMPLES IN COLLIER COUNTY
1. INTRODUCTION AND BACKGROUND
This Amendment between the South Florida Water Management District (District) and Collier
County Pollution Control (County) will run concurrently with the original contract ML040284
(project CCWQ) set to expire November 2, 2006. This second amendment (ML040284-A02) will
continue the monitoring of seven (7) surface water quality stations monitored under ML040284-
AOl. It will also address an additional laboratory protocol recently required for data delivered under
the original contract, ML040284.
The monitoring program associated with this amendment will provide data used in the development
of water management strategies for the Big Cypress Basin watershed and adjacent coastal waters of
Collier County as well as address the monitoring requirements of the Picayune Strand (Southern
Golden Gate Estates (SGGE) Hydrologic Restoration) critical project. The monitoring outlined in
this contract is required under the "Water Quality Monitoring Work Plan" for the Picayune
Strand Hydrologic Restoration Project. The plan calls for surface water collection during various
phases of construction; the monitoring described in this contract is for the post construction
phase - routine monitoring of the Prairie Canal. In order to properly evaluate the Picayune's
Strand performance after construction, monitoring of these sites is crucial in achieving this goal.
In addition, conditions set forth in the US Department ofthe Army permit #200308480 (IP-
HWB), requires sampling of the same seven surface water sites along Prairie Canal during the
wet season (when flow is present) for up to six months of the year.
II. OBJECTIVE
The primary objectives of this Amendment are to 1) provide a water quality information base
needed to evaluate the Picayune Strand's performance in meeting restoration goals and to
facilitate effective, science based management decisions concerning project design and operation
and 2) partner with a local government to perform water quality monitoring and laboratory
analysis.
Page 1 of 20, ML040284-A02, Exhibit" C2" Statement of Work
1 f~ ..~~
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III. SCOPE OF WORK
The County shall collect and analyze surface water samples from seven (7) stations within the
Picayune Strand during the wet season, if there is flow, for permit compliance. These seven
stations are registered under the project name SGGE. The location descriptions and GPS
coordinates for the sites are given in Table I. The required laboratory parameters and sampling
frequency are listed in Table II. It will also provide additional funds to cover the delivery of data
from ML-040284 in the ADAPT format.
Table I. Stations list and GPS coordinates for surface water monitoring sites to be sampled in the
p' S d d . d 'SGGE
lcayune tran an reglstere as proJect
Project Station Name Description Latitude Longitude
SGGE SGGE5SW Surface water site 260835.4065 812810.4874
at Prairie Canal and
Transect 1
SGGE SGGElOSW Surface water site 260635.3378 812834.3867
at Prairie Canal and
Transect 2
SGGE SGGEllSW Surface water site 260535.0986 812738.8669
at Prairie Canal and
Transect 2
SGGE SGGE16SW Surface water site 260318.2365 812818.5423
at Prairie Canal and
Transect 3
SGGE SGGE17SW Surface water site 260251.3507 812628.7692
at Prairie Canal and
Transect 3
SGGE SGGE22SW Surface water site 260138.1370 812841.9431
at Prairie Canal and
Transect 3
SGGE SGGE23SW Surface water site 260225.4584 812747.7582
at Prairie Canal and
Transect 4
Page 2 of 20, ML040284-A02, Exhibit" C2" Statement of Work
16C6
Table II, Surface water laboratory parameter list for 7 sites in the Picayune
Strand (SGGE) and sampling frequency along the Prairie Canal.
SGGE
Parameter Method MDL FreQuency*
Ammonia EPA 350.3 0.01 mg/l Monthly
Hardness SM 2340 B 1. 0 mg/l Monthly
Nitrate Calculated (NO, - NOz 0.01 mg/l Monthly
Nitrite SM 4500 NOz B 0.002 mg/l Monthly
Ortho Phosphorus SM 4500 PE 0.004 mg/l Monthly
Total Dissolved Solids SM2540C 1. 0 mg/l Monthly
Total Kjeldahl Nitrogen EPA 351.2 0.24 mg/l Monthly
Total Phosphorus SM 4500 PE 0.004 mg/l Monthly
Total Suspended Solids SM 2540 D 2.0 mg/l Monthly
Chlorophyll-a SM 10200 H 1.0ug/L Monthly
Phaeophytin SM 10200 H 3,0 mg/m3 Monthly
Alkalinity SM 2320 B 1.0 mg/l Monthly
Manganese SM3120B 0.2 mg/l Monthly
Magnesium SM 3111 B 0.007 mg/l Monthly
Calcium SW846-60 1 OB 0.03 mg/l Monthly
Silica, Dissolved SM 4500Si-D 0.1 mg/l Monthly
Sulfate EPA 375.4 1. 0 mg/l Monthly
Iron SM 3111 B 120 ug/l Monthly
Specific conductivity Monthly
Depth Monthly
Temperature Monthly
*Frequency is five (5) sample events during the wet season from May through October when conditions are right
for flow (no stagnant or ponded water samples). MDLs for all other parameters
must comply with Appendix F of the QASR and be less than regulatory limits
IV. WORK BREAKDOWN STRUCTURE
Task 1.
This task is for monthly sample collection of seven (7) stations within the Picayune Strand during
the wet season for a total of five sample events. The five sampling events will occur from
approximately May 2006 to October 2006; with a contract end date of November 2, 2006. The
actual start and finish dates can vary from this depending on the amount of rainfall received in
the project area, Surface water sites in the Picayune Strand are to be sampled only when there is
sheet flow occurring across a sampling location as outlined in the Water Quality Monitoring
Work Plan. An event will be scheduled after observations made during other water quality
monitoring activities near the project area combined with rainfall events provide reasonable
assurance that adequate water levels will exist within the project area to justify a sampling event.
This information shall be communicated with the District Field Project Manager for concurrence
prior to scheduling a sampling event.
Page 3 of 20, ML040284-A02, Exhibit" C2" Statement of Work
The County will follow the methodology for determining flow as described in section 5.1.1 of
the Water Quality Monitoring Work Plan for Picayune Strand. The methodology is as follows:
"Flow will be determined by disturbing the sediment or particulates away from
(downstream and downwind) the designated sample site. Using a white or light -colored,
opaque piece of plastic (such as the underside of a secchi disk) placed at least six inches
below surface in the disturbed area, flow will be determined visually by any evidence of
sub-surface movement of particles across the white background".
Surface measurements for pH, dissolved oxygen, specific conductance, and temperature, as well
as water levels and field scale flows will be determined only when water quality samples are
collected at the sites in the Picayune Strand. Sample depth and total depth will also be recorded
at the time of sample collection. Stage recordings (staff gage readings) will be noted for sites
where this instrumentation is available. Field notes will be maintained during each sample event;
see page 8 of this contract for detail information to include in fieldnotes.
The County will collect surface water samples from the seven Prairie Canal permit sites (Figure 1)
at the sampling frequencies listed in Table II, Project specific requirements for surface water
sample collections of physical variables, nutrients, major ions, trace metals, and biological
parameters, as well as the methods and minimum detection limits for all laboratory parameters are
also provided in Table II. Sampling and analysis will be performed as described in the County' s
Quality Manual and the Quality Assurance Systems Requirements Manual (QASR). The QASR
can be reviewed online at www.evergladesplan.org/pmlrecover/wqt qasr.cfm. Sample collection
will be performed as described in the County' s Quality Manual and the QASR.
Page 4 of 20, ML040284-A02, Exhibit" C2" Statement of Work
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SGGESSW
SGGE10SW
.
Collier
County
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SGGE 11 SW ;1)
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SGGE16SW
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SGGE23SW
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.SGGE17SW
SGGE22SW
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Southern Golden Gate Estates
Prairie Canal Surface Water Sites
. SURFACE WATER SITE
- CANALS
- ROADS
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Figure 1. Map depicting surface water sites in the Picayune Strand at the Prairie Canal
Task 2: General and QASR Specific Quality Control! Quality Assurance (QNQC) Requirements
The General Quality Assurance/Quality Control (QNQC) Requirements are detailed in the
Page 5 of 20, ML040284-A02, Exhibit" C2" Statement of Work
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original Agreement ML-040284 and are in effect for this Amendment also. The County shall
provide all data associated with analyses performed by the County's chemical laboratory. The
District may refuse payment for data that does not meet the County's or QASR quality
assurance/quality control criteria. Participating laboratories should be involved in designated
comparative testing studies (e.g. Round Robin Studies), Specified detection limits must be
below stated regulatory limits and QASR Appendix F criteria.
All sample collection and field measurements identified in the tasks of this amendment are
subject to the following QASR specific requirements:
a) The County shall be responsible for following the requirements under the Quality
Assurance Systems Requirements (QASR) Manual, for the collection of samples. In
accordance with this Rule, sampling agencies must possess and maintain a Field
Quality Manual.
b) Any variances from the minimum requirements under QASR must be approved by the
the District Contract Manager prior to implementation. This includes any changes in
sampling procedures or QNQC protocols. Minimum QA requirements include
collection of a field-cleaned equipment blank (FCEB), or an equipment blank (EB) if
a FCEB is not collected, on every trip. Two (2) replicate samples, and a pre-cleaned
equipment blank are to be collected every sampling quarter (July & October), In
addition, variances in sampling locations or established collection dates must be
approved prior to implementation.
c) The County shall ensure that only qualified and properly trained staff conduct
sampling or field measurements for this project. The Contractor shall demonstrate
knowledge of FDEP Sampling SOPs, QASR, and operation of field
instruments/equipment. The Contractor shall document and keep a permanent file of
training in employee's files to be available during audits.
d) The County shall submit a list of sampling personnel that is, or will be assigned to the
project, with a summary of qualifications, and submit changes or updates on
personnel to the District Project Manager during the term ofthis work order.
e) The County shall provide all deployed equipment, multi-parameter water quality
analyzer and calibration standards. The County shall maintain an adequate stock of all
supplies to ensure that measurements are collected according to schedule.
f) All field probes used for field measurements shall be calibrated before and verified after
each day of sampling and documented accordingly per QASR requirements. All
calibration documentation shall be provided to the Project Manager after each daily trip.
In addition, instruments are required to be maintained according to QASR
requirements,
g) The County shall ensure that the proper equipment protocols, as identified in the QASR,
Page 6 of 20, ML040284-A02, Exhibit" C2" Statement of Work
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are used to collect each sample. If the County will subcontract analytical work to
another laboratory, the County shall use a NELAP certified laboratory for analysis as
per Chapter 64E F.A.C and the QASR.
h) The District may review field sampling and laboratory quality assurance/quality
control (QNQC) procedures and conduct field and laboratory audits as desired at any
time.
i) All site conditions observed during sample collection and in-situ field measurements
shall be recorded in a bound field notebook and as directed by the QASR.
j) The County shall provide a copy of all field documentation for each sampling date to
the District Project Manager.
k) The County shall notify the District Project Manager, immediately, if sample collection
problems arise or if any samples are missed.
1) The County will be notified, in writing, 30 days in advance of any project related
changes, including those related to sampling frequencies, parameter lists, etc.
m) If the District detects a problem with a sample result, the District Project Manager shall
notify the County Project Manager in writing via email. The County shall address and
resolve quality assurance issues within 45 days of District notification. The District
Project Manager shall communicate any deficiencies to the County prior to payment
authorization. In addition, the District will not reimburse the County for data that are
not of acceptable quality.
Deliverables for this task shall be samples delivered to the Collier County Laboratory and field
notes of each sample event. Field notes will include date/time of site visit, site name, description
of site conditions (surrounding area, water body, weather, etc.) at time of collection and any other
information that would assist the enduser in understanding the site conditions at time of
collection. Also included in field notes are any problems encountered during the sample event.
Field notes will also identify activities undertaken during the sampling event and state any
problems, if any, encountered. Samples shall be delivered to the Collier County Laboratory on
the day of sample collection. Documentation shall be delivered to the District Field Project
Manager within 1 day of completion of sampling event.
Task 2.
This task shall include the laboratory analysis of all field water quality samples, including QC
samples submitted to the Collier County Laboratory from Task 1. Parameters, methods and
MDLs are specified in Table II.
Page 7 of 20, ML040284-A02, Exhibit" C2" Statement of Work
16C6'~i
Laboratory data deliverables shall be electronic and hard copy results including: results and
associated sample information with applied laboratory qualifiers, instrument calibration data
summary, precision data, accuracy data, blank data, continuing calibration verification checks,
continuing calibration checks, and summary of non-conformance or problems and resolutions.
The County shall also attest to the validity of the data and include all quality assurance statistics
and reports, for example the results of field blanks, equipment blanks and precision as percent
relative standard deviation. All data shall be reviewed by the Automatic Data Processing Tool
(ADaPT). Electronic Data Deliverables shall be ADaPT submittals. Please see "Appendix A' ,
and Tables lA and IB for a detailed explanation of ADAPT and data deliverable requirements.
Data shall be submitted to the District Project Manager within 30 days of the end of the sampling
event. All data submittals must conform to the guidelines set forth in Appendix A and Table IA.
Task 3.
Data for all projects on the original Agreement (ML-040284) for projects CCWQ and IMKS and
project SGGE under contract ML040284-A02, shall be submitted to the District in the
Automated Data Processing Tool electronic format specified in Appendix A and Table lA and
referred to as ADaPT. The County will be performing ADaPT data validation for this project on
data analyzed by the Collier County Laboratory.
Page 8 of 20, ML040284-A02, Exhibit" C2"
Statement of Work
'j '~C6.
_f, )
Task 3,2 - Lab Results Deliverable
The Contractor shall perform analysis and provide results in the format outlined in Table IB.
The EDD file is verified by the contractor for format and project requirements using ADaPT.
The Contractor shall correct errors or inconsistencies found by ADaPT. Any unresolved issues
are documented through the ADaPT tool. The Contractor shall email the verified version of the
EDD generated by ADaPT to a pre-determined list of District staff which will include the
District's Project Manager. The file naming convention should be "R" + Contractor FDOH ID +
Date (YYYYMMDD) generated + sequence e.g. R-E12121-20011201-1.The District will
provide the Contractor with a list of recipients for this email notification.
The EDD will include data for samples submitted to the Contractor as well as laboratory quality
control samples for method blanks, laboratory control samples, matrix spikes, matrix spike
duplicates or duplicate samples,
Task 3.3 - Project Library
An electronic project library shall be generated by the Contractor to document project specific
requirements. The library is created using an ADaPT. The District Project Manager will review
and approve electronic project library prior to it use, This library will be used by the Contractor
and District staff during the EDD error check and data validation process. Any changes in
laboratory protocols that affect the project library need to be communicated to the District and
once approved incorporated in the project library.
Page 10 of 20, ML040284-A02, Exhibit" C2" Statement of Work
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APPENDIX "A"
AUTOMATED DATA PROCESSING TOOL (ADAPT)
1.0 INTRODUCTION AND BACKGROUND
The South Florida Water Management District (District) and the Florida Department of
Environmental Protection's Bureau of Laboratories (FDEP) jointly acquired technical services
from a consultant to develop and customize an electronic data deliverable (EDD) review and
validation tool program known as the Automated Data Processing Tool (ADaPT). This tool will
aid in processing analytical data, validating format and completeness, checking the data quality
and compliance with the method and data quality objectives for all analytical data submitted to
the District.
2.0 OBJECTIVE
The District requires Collier County Pollution Control Laboratory (County) to utilize the ADaPT
software to perform its own automated data review soon after analysis is complete. ADaPT is a
Microsoft ACCESS based application tool. The laboratory version reads the EDD, checks it
against the EDD specifications and against an electronic Quality Assurance Project Plan library
for errors. If any error is found it allows and facilitates its correction. After all errors are
corrected, it allows for the EDD to be exported as a .txt or .csv file to be delivered to the District
QAlProject Manager.
3.0 WORK BREAKDOWN STRUCTURE
Copies of the validation tools software (ADaPT) will be provided to the Contractor upon request.
Data for analysis conducted by the Contractor will be provided to the District in hard copy
reports and as EDDs following the format guidelines in Table lA and lB. The District's EDDs
requirements are described in the following tasks.
Task 3.1 - Lab Receipt Deliverable
Upon receipt of samples, the Contractor shall generate a lab receipt file for delivery to the
District's Data Yalidation and Contracts (DYC) unit within a day (24 hours) of sample receipt.
The lab receipt file format will be verified ADaPT, The Contractor shall email the verified
version of the receipt file generated by the ADaPT software to a pre-determined list of District
staff which will include the District's Project Manager. The file naming convention should be
"A" + Contractor FDOH ill + Date (YYYYMMDD) generated + sequence e.g. A-E12121-
20011201-1. The District will provide the Contractor with a list of recipients for this email
notification before samples are received. The deliverable elements are listed in Table lA.
Page 9 of 20, ML040284-A02, Exhibit" C2" Statement of Work
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EXHIBIT "D2"
PAYMENT AND DELIVERABLE SCHEDULE
The County shall invoice the District on a deliverable basis and invoices and deliverable should be
received by the District Project Manager within 30 days of the sampling event. All invoices shall list the
deliverables submitted to the District within the reporting period. Total number of samples to be
analyzed during the five sample events should not exceed 50 samples including the required quality
control samples. Upon receipt and/or documentation of completion and acceptance of deliverables by the
District, the District agrees to pay the County as specified below and in accordance with Exhibit "c" and
Exhibit "C I" Statement of W ark. The total not to exceed consideration to be provided by the District
under this agreement is $40,000.00,
Deliverable Deliverable Description Event FY06
Payment
Amount
I Five (5) surface water sample events of seven (7) sites when $1,100.00 per event $5,500
flow is occurring as detailed in Part IV of Exhibit C2, "Work not to exceed five (5)
Breakdown Structure" events
2 Laboratory analysis of surface water samples for the 7 SGGW $6,500
project, parameters specified in Table II within 30 days after $130.00
the completion of a sampling event, with data to be processed per sample not to
through ADAPTs as defined in Appendix A and Table IA and exceed 50 samples
lB.
3 Laboratory data submitted to District from projects CCWQ
and IMKS collected and analyzed under ML-040284. to be Payment of$14,000 $28,000
processed through ADAPTs as defined in Appendix A and each to be paid at the
Tables IA and IE. within the time frame for laboratory data end of June and
deliverable defined in ML-040284, November 2006
Total Payments per Fiscal Year $40,000
Page 1 of 1, ML040284-A02, Exhibit" D2" Payment and Deliverable Schedule
. c-ji .1- I)l I Nt'
I .VL- '- r .
lXXJr~TY ATTORNE\:
ITEM NO.:
DATE RECEIVED:
2006 ~IA Y I 0 AH 10: 40
FILE NO.:
Ob - PI< c - O()f./S /
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
May 9,2006
To:
Robert Zachary
Assistant County Attorney
From:
Kelsey Ward.
Contract Administration Manager
774-8949
R~
Contract Amendment #A-3 for #03-3497 "Auditing Servi~s for Collier
County"
Contractor: KPMG, LLP
BACKGROUND OF REQUEST:
This contract amendment was approved by the BCC on May 9,2006; Agenda Item
16(C)7.
This item has not been previously submitted.
ACTION REQUESTED:
Amendment review and approval.
OTHER COMMENTS:
This is an amendment for additional services as allowed under the master contract.
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.
U-~
,- /~.... Ob
16C7
MEMORANDUM
DATE:
May 16, 2006
TO:
Kelsey Ward, Contract Admin. Mgr.
Purchasing Department
FROM:
Teresa Dillard
Minutes and Records
RE:
Agreement: "Auditing Services for Collier County"
Contractor: KPMG, LLP
Enclosed please find three (3) original contracts, as referenced above (Agenda
Item #16C7), which was approved by the Board of County Commissioners on
Tuesday, May 9, 2006.
Kindly forward the documents to the appropriate parties for their records. The
Finance Department and Minutes & Records Department have their copies.
If you should have any questions, please contact me at 732-2646 ext. 7240
Thank you.
Enclosures (3)
1
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b
EXIllBIT A-3 Contract Amendment for 03-3497
"Auditing Services for Collier County"
This amendment, dated ~ 2006 to the referenced agreement shall be by and between the parties to the
original Agreement, KPMG lLP,whose address is 111 North Orange Avenue, Suite 1600, Orlando, FL 32802,
(to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 03-3497 "Auditing Services for Collier County"
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 the Supplemental Authorization Exhibit "A-
3A" KPMG Cost Proposal, attached to this Amendment and incorporated herein by reference.
The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said
services in an amount not to exceed eighty seven thousand four hundred fifty three dollars ($87,453) as per
Exhibit "A-3A".
All other terms and conditions of the agreement shall remain in force, with the exception of the changes
identified below, which shall apply to this engagement only.
Change Section 13 of Contract to read as follows:
13. Indemnification.
(a) Each party agrees to indemnify, hold harmless and defend the other party from and against any and all
Liabilities for physical injury to, or illness or death of, any person or persons regardless of status, and
damage to or destruction of any tangible property, which the other party may sustain or incur, to the
extent such Liabilities result from the negligence or willful misconduct of the indemnifying party.
(b) Except as otherwise required by law, with respect to any proposed or completed transaction, the County
acknowledges and agrees that any advice, recommendations, information or work product provided to
the County by the Contractor in connection with this engagement is for the confidential use of the
County, and may not be relied upon by any third party and the County will not disclose or permit access
to such advice, recommendations, information or work product to any third party or summarize or refer
to such advice, recommendations, information or work product or to the Contractor's engagement
without, in each case, the Contractor's prior written consent. In furtherance of the foregoing, the
County will indemnify, defend and hold hannless the Contractor from and against any and all
Liabilities suffered by or asserted against the Contractor in connection with a third party claim to the
extent resulting from such party's use or possession of or reliance upon the Contractor's advice,
recommendations, information or work product as a result of the County's use or disclosure of such
advice, recommendations, information or work product. The foregoing requirements are subject to the
limitations as set forth in Section 119.0713(3), Fla. Stats.
(c) The party entitled to indemnification (the "Indemnified Party") shall promptly notify the party
obligated to provide such indemnification (the "Indemnifying Party") of any claim for which the
Indemnified Party seeks indemnification. The Indemnifying Party shall have the right to conduct the
defense or settlement of any such claim at the Indemnifying Party's sole expense, and the Indemnified
Party shall cooperate with the Indemnifying Party. The party not conducting the defense shall
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nonetheless have the right to participate in such defense at its own expense. The Indemnified Party
shall have the right to approve the settlement of any claim that imposes any liability or obligation other
than the payment of money damages.
(d) This section shall not be construed in any way to alter the State's waiver of sovereign immunity or
extend the County's liability beyond the limits established in Section 768.28, Fla. Stat.
(e) Limitation on Damages,
Except for each party's indemnification obligations as set forth above, neither County nor Contractor
shall be liable to the other for any actions, damages, claims, liabilities, costs, expenses or losses in any
way arising out of or relating to the services performed under this engagement for an aggregate amount
in excess of the fees paid or owing to Contractor for services rendered by Contractor under this
engagement. In no event shall either party be liable for consequential, special, indirect, incidental,
punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits
and opportunity costs). The provisions of this Paragraph shall apply regardless of the form of action,
damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort or otherwise.
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.
CONTRACTOR
ATTEST:
~ "~
Co~ta itness
I:Pm 6 ~
KPMG LLP
By: ~d~~
Title: ~-!;i:!
Dated: ~ ~
By: P"'t{k~ ~ Dodrill
Dated: 4/ 'ttoCo
OWNER:
.~
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~R1DA
B~-~~./
Frank Halas, Chairman
. wi t E. BrOCk,91erk
.Attest a~ t~' Cf,a 1r"Mft ,
"-ignaturit 'on 1 v
, "" ~
Approved as to form and
Legal .
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Contract Amendment # A-3 to Contract 03-3497
"Auditing Services for Collier County"
Exhibit A-3A - KPMG Cost Proposal
Scope and Approach
KPMG LLP (KPMG) is pleased to present the attached proposal to the Collier County Utility Billing &
Customer Service Department (Department) to provide professional consulting services related to the
performance of an independent risk assessment of select Department business processes. The attached proposal
describes our understanding of the project, information about KPMG, a description of the engagement team, the
Firm's qualifications to provide these services, our work plan, and our proposed professional fees.
KPMG has assembled a team of professionals experienced in performing similar engagements for public sector
and governmental entities in Florida and throughout the United States. Our proposed team is comprised of
business process professionals from KPMG's Public Sector Group. These professionals are dedicated to
serving state and local governments and understand the unique complexities of governments. We believe our
proposed project team provides the Department with an experienced team of professionals who possess industry
knowledge required to successfully meet the needs and objectives of the Department.
As described in the following proposal, our project team will employ KPMG methodologies and techniques in
completing the study and delivering the final report within the proposed timeline. These methodologies have
been developed over many years of performing similar studies of comparable organizations and are outlined in
our work plan.
The following is a summary of the key points in our proposal and why we suggest that our team is the right
choice for the Collier County Utility Billing & Customer Service Department.
KPMG has made government a key facet of our husiness and future. KPMG is distinguished from other
firms through our pioneering role in market industry specialization. As a leading firm serving the government
industry, our experience with conducting risk assessments, management reviews, and business process
assessments for governmental entities is extensive. We offer timely, innovative recommendations to help
government entities meet the needs of increasingly demanding constituencies and regulatory requirements.
Furthermore, we anticipate the challenges our clients face as a result of legislative changes, economic trends,
and constituent needs. We also understand the performance and accountability issues critical to local and state
governments. What this means for the Department is a team of professionals who work full-time with
governments and public sector entities, and understand what it means to set policy and deliver public services.
Our team has the necessary experience and skills. Success in any project depends on a team of talented,
experienced professionals. In fact, your team members include professionals that are dedicated to serving
governmental entities, Our proposed project team has worked together and knows how to maximize each
project's elements to achieve project goals, They also have experience in applying the tools and methodologies
described in our work plan. Our proposed team includes professionals who have provided similar services to
state, city, or county governments; and business process professionals, familiar with identifying effective
improvements, efficiencies, and better business practices.
Our approach meets your needs, utilizing our tools and methodologies. Our approach has been developed
within various tasks that will allow for the identification, analysis, and findings/recommendations related to
each specific business process contained in the scope of this engagement. The assessment will be perfonned on
select business processes and will focus on the following process elements:
16~
. controls;
. control weaknesses/gaps;
. inputs/outputs;
. efficiency; and
. effectiveness.
As a result of our execution of our work plan, we expect to meet the goals and objectives of the
Department by providing a report that will focus the Department on achieving its mission and
providing recommendations for improvement.
KPMG is enthusiastic about this opportunity to serve the Collier County Utility Billing & Customer Service
Department in performing the business process risk assessment. We are committed to providing these services
to assist the Department in achieving the goals of this project. We would be pleased to discuss our proposal in
more detail with you,
By accepting this engagement letter, Collier County management accepts responsibility for the substantive
outcomes of this engagement and, therefore, has a responsibility to be in a position of fact and appearance to make
an informed judgment on the results of this engagement and that Collier County will comply with the following:
. Designate a qualified management-level individual to be responsible and accountable for overseeing the
engagement.
. Establish and monitor the performance of the engagement to ensure that it meets management's objectives.
. Make any decisions that involve management functions related to the engagement and accept full responsibility
for such decisions.
. Evaluate the adequacy of the services performed and any findings that result.
We have considered the effect of this engagement on the ongoing, planned and future audits as required by
Government Auditing Standards and have determined that this engagement will not impair KPMG's independence.
16C~;;;
;i
TABLE OF CONTENTS
I. FIRM BACKGROUND OVERVIEW ....,..,...........,..........,.................................."......5
II. FIRM QUALIFICATIONS AND EXPERIENCE ...........,........................................7
III. PROJECT TEAM OVERVIEW.... ........., ...... ..................... ........................,.............9
IV. METHODOLOGY AND PROJECT APPROACH...........,..............,...............,..... 14
v. COST OF SERVICES.............................................................. ..............19
VI. SCHEDULE..,............. ........... ....,.....................................,....... ...,.. ...,..................,....... 20
APPENDIX A: SPECIFIC BUSINESS PROCESSES INCLUDED IN SCOPE........21
16 ('"
SECTION I - FIRM BACKGROUND OVERVIEW
A. KPMG Firm Data and Company Profile
KPMG LLP (KPMG) is the U.S. member firm of KPMG International, one of the largest professional
services firms in the world. KPMG International brings to its member firm clients the benefits of
uniform quality and processes around the world, combined with local knowledge of regulatory,
financial, and legal environments. All KPMG member firms are members of KPMG International, a
Swiss cooperative. They must adhere to high levels of professional excellence and share a commitment
to dedicated client service for our clients. We employ standardized approaches, methodologies, and
technology tools across our firms. These are accessed by member firm professionals via KWorld--our
global knowledge management infrastructure. KWorld pools our intellectual capital worldwide and
provides our professionals with common global business models, latest industry developments, and
information about emerging tax considerations and audit developments.
In the United States, KPMG has maintained a continual commitment throughout its history to
providing leadership, integrity, and quality to the capital markets. The organization, which traces its
origins back to 1897 and was incorporated in 1987 in the state of Delaware, was the first professional
services firm to organize its resources according to industry lines. With more than 11,000
professionals, including 1,600 partners in the U.S., KPMG delivers a wide range of value-added
advisory, assurance and tax services, We operate out of over 90 geographic locations throughout the
country, including offices in Tampa, Orlando, Tallahassee, Miami, West Palm Beach, and Jacksonville.
In addition, we use professionals from other geographic offices to present the most qualified team to
assist our clients. Often our client teams have members who bring experience from other areas in the
country.
Our Firm's dedication to serving government clients and the experience of our project team makes us
highly qualified to meet the needs of the Collier County Utility Billing & Customer Service
Department.
B. KPMG Organizational Structure
KPMG recognizes that each of its clients operates in a unique business environment requiring products
and services tailored to their needs. We believe that specific industry knowledge is critical to assessing,
Page 6
16C7
recommending, and delivering successful business solutions. To address client-specific challenges,
KPMG has structured itself along five lines of business (as shown below). This market-based structure
provides dedicated resources for each line of business and allows our client service professionals to
focus on industry-specific issues. Our clients need innovative solutions that will help steer their
organizations through challenging and uncertain times to reach their business objectives, As a result of
this structure, we are able to deliver industry-focused business solutions and services specifically to
governments and other public sector clients.
KPMG LLP
Financial Services
Consumer and
Industrial Markets
Healthcare
Information
Communication and
Entertainment
Federal Government
Public Education
c. KPMG Public Sector Practice
At KPMG, we have made government a key focus of our business and our future. KPMG's Public
Sector practice is one of the fastest growing of our five lines of business. For over 80 years, this
practice has assisted clients of all types, including federal agencies, states, cities, counties, school
districts, public hospitals, transit authorities, and virtually all other institutions that serve the public.
This practice consists of professionals who devote their full-time efforts to serving public sector
clients. Leveraging our experience in the commercial sector, KPMG offers innovative services to help
public sector organizations meet the needs of increasingly demanding constituencies with limited
resources. As a recognized leader in the public sector industry, we anticipate the challenges our clients
face as a result of legislative changes, economic trends and customer needs. Additionally, we realize
that today's fast-paced economy and business world requires attentiveness to details-the details that
influence the business of government today and tomorrow. KPMG professionals are vigilant about
keeping abreast of federal, state, and local government issues that you encounter every day. Training is
regular and required, Research and insight are expected.
Page 7
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D. Quality Control Policy and Procedures
KPMG believes that quality control and quality assurance are the most vital aspects to any engagement.
Our reputation and the client's satisfaction depend on effective quality control and quality assurance
management. KPMG has developed a series of internal quality control and assurance requirements, and
training courses for which all KPMG personnel must be in compliance.
KPMG maintains specific standards for the creation and maintenance of workpapers for all client
engagements. The Client Service Partner, Chip Jones; Engagement Partner, David Dennis; and the
Engagement Manager, Don Carter; will be responsible for the quality control and quality assurance of
this engagement. Data analysis performed will be reviewed by the Engagement Manager to ensure
accurate data sources, reasonable data parameters, and meaningful analysis results. The Engagement
Manager, Engagement Partner, and Client Service Partner will review client deliverables to ensure
effective quality assurance.
SECTION 11- QUALIFICATIONS AND EXPERIENCE
This section of the proposal presents background information about KPMG LLP (KPMG) and the
Project Team's qualifications related to the scope of work. KPMG has a wealth of experience
conducting business process risk assessments and management efficiency reviews for governmental
entities. Our methodologies and skilled team members will ensure quality-driven work that will enable
the Collier County Utility Billing & Customer Service Department to meet the objectives of this
engagement.
A. Qualifications and Representative Experience
Working extensively with public sector organizations, the professionals in KPMG's Public Services
Practice are well aware of the public scrutiny given our analyses. Our professionals are called upon to
present evaluations, studies, and report conclusions to commissioners, legislators, stakeholders, the
public, and the media. Knowing that our work will be thoroughly reviewed by the public, we are
meticulous about maintaining workpapers and records so that our analyses and findings are well
supported and documented,
We have trained, experienced professionals and the depth of specialized resources available now that
are necessary to provide you with the high level of service needed. Our staff is familiar with
governmental entities as a result of their industry focus. Over the years, we have helped our
Page 8
V"~. "ol" -..,..". 'lIi'<l'r ,.....,.-"
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government clients with diverse services including:
. Business Process Assessment . Systems Planning
. Risk Assessment . Systems Integration
. Performance Audits . Internal Controls Reviews
. Organizational Development and Structure . Compliance Reviews
Assessment . Change Management
. Productivity Improvement . Privatization, Outsourcing and
. Management Review Competitive Contracting
. Strategic Planning . Human Resource Practice Reviews
. Needs Assessment . Financial Audits
. Performance Measurement . Activity-Based Costing
. Staffing Requirements Analyses . Cost of Service Evaluations
We have worked closely with all levels of government by providing advice on selecting and
implementing methods for improving efficiency and effectiveness, increasing revenue opportunities,
and reducing costs. By bringing together a wide range of specialists, KPMG is more apt to help our
clients make informed decisions.
B. Sample Local Experience
The specific Project Team assembled for this engagement possesses extensive experience in providing
business process assessments, risk identification assessments, efficiency reviews, and costing
engagements for local governments throughout Florida and the United States. The Project Team
maintains over 100 years of combined professional experience with a bulk of the work performed in
Florida. Three representative samples are provided below to demonstrate the Project Team's local
experience and familiarity with the complex issues facing local governments every day.
Description of Services Provided:
KPMG conducted a management and performance review for Tampa Bay Water. The overall goal
of the engagement was to review operational and management controls and processes with a view
to identifY areas of strength as well as areas in which improvements can be made. The
management review focused on the following main objectives:
. Economic and efficient utilization of labor,
equipment, and financial resources
. Effectiveness of the organization, programs,
and staffing
. Compliance with applicable laws,
statutes, and ordinances
. Compliance with Board adopted business
principles and initiatives
Page 9
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1 t)
. Effective management objectives, policies
and procedures
The Review was organized into six distinct activities as follows:
. Finance and Administration
. Operations
. Science, Engineering, and Long-Term
Planning
. Contracting
. Construction
. Oversight and Compliance
Within each of the six main activities, numerous "key elements" or "business processes" were
embedded which were s ecificall reviewed as art of the mana ement review.
Description of Services Provided:
In order to identifY indirect costs incurred in support of special revenue, enterprise, and
proprietary fund activities, KPMG assisted Hillsborough County, in developing a central
services cost allocation plan, The County may use the indirect cost plan to document the
support to user fee services or activities. The plan was prepared in accordance with the full
costing concepts that recognize and incorporate all expenditures of the County, with the
exception of unallowable expenditures,
Description of Services Provided:
KPMG performed an independent analysis to determine the full cost of services related to
development (including planning and zoning), engineering review, and building permit fees
for the City. In order to identifY indirect costs, KPMG also performed a City-wide cost
allocation plan. KPMG used the following workplan and methodology during the
engagement:
. IdentifY the full costs (direct and indirect) of specific City provided services;
. Assess the fees currently charged based on full cost of service calculations;
. Potentially identifY any new development related fees;
· IdentifY indirect costs through a Citywide cost allocation plan; and
· Assist the City in developing a methodological approach to track and allocate costs befitting
planning and zoning, engineering, and building permitting activities.
SECTION III - PROJECT TEAM OVERVIEW
The proposed team has been specifically selected to meet the needs and goals of the Department. The
Team members' combination of experience and success will assure finished work products that are
responsive to the needs described for this important engagement.
Page 10
16
A. Project Team Organizational Chart
The chart below depicts the organizational structure of the Project Team.
B. Project Team Overview
The team members named herein have performed similar services described in this proposal for a
number of years, providing support throughout the Southeast and the United States. The table below
provides a high-level description ofKPMG's Project Team outlining each individual's experience and
area of responsibility. The summary descriptions below are included to demonstrate the extensive
experience and knowledge of our Project Team and our dedication to serve the Collier County Utility
Billing and Customer Service Department.
Page 11
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I Client Service Partner
I
I
I
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i
David Dennis
I Engagement Partner
I
I
i
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,
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I Chip Jones, Client Service Partner. Chip is a partner in the public
I services practice for the North Florida business unit, which includes
i offices in Tampa, S1. Petersburg, Orlando, Tallahassee and
i Jacksonville. Chip is a licensed CPA in the State of Florida. Chip has
i been a partner since 1983. He recently served on the Firm's Quality
I Professional Review Committee, activities of which involve reviews of
I the audit quality controls and practices of other KPMG offices, He also
served as an instructor for KPMG training courses, KPMG will leverage
Chip's institutional knowledge of Collier County by having him as the
Client Service Partner. Chip will be responsible for:
. Quality control over the engagement; and
. Overseeing the level of service delivery.
!
-_.....~-~-_._--~-,._----_..,-.~--I
' David Dennis, a partner in KPMG's Risk and Advisory Services practice, I
has 23 years of professional experience. He has extensive experience in
I serving public sector organizations in both advisory and audit services. He
. has been designated a Partner-In-Charge in the Southeast for Government
I Performance Improvement Consulting, During his career, David has been
; responsible for managing many large complex projects and in developing
i comprehensive reports and other deliverables to meet clients' needs. He
i has served as engagement partner on numerous business process related
, engagements throughout the Southeast and the United States. As the
Engagement Partner, David will:
.
I
Be responsible for the overall successful completion of the project I
while meeting the Department's expectations; i
Lead all public forums, status meetings and presentation of I
deliverables; and
.
· Review all deliverables prior to presentation to the Department.
I_-~.---.--_.---~--._,_._._------_.--_.-.._-,...._..." ...."........._.,.., ..._..._....__..".'............_...__...,._......____._.._..J
Page 12
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KPMG MProjebct Team Experience and Area of Responsibility
em er
Don Carter
Engagement
Manager
i
I
I David Roberts
I Lead Consultant
I
I
I
I
I
I
I
I
I
I
L
Don Carter IS a Senior Manager In KPMG s Risk AdvIsory Services
, Practice with over 27 years experience in the public sector as a senior
· manager and an advisor to local government appointed and elected
! officials. He is certified by the Association of Government Accountants
: as a Certified Government Financial Manager. Don has served as
, project manager for numerous business process risk assessment
, engagements of State and Local governments. Don will serve as your
, overall project manager. He will lead our team in the analysis of the
. Department's organizational structures and business processes, As
Engagement Manager, Don will:
.
I
I
Provide administrative, resource, and management control for the !
duration of the project;
16C7
.
Coordinate all aspects of the engagement;
I
· Identify any KPMG resources needed to successfully complete the I
~~ I
,
· Serve as your day-to-day primary contact on the KPMG team; I
· Maintain central involvement in all aspects ofthe study deliverables; I
· Perform detailed reviews of policies, procedures, controls, and control I
weaknesses throughout the Department; and I
I,
· Provide oversight and guidance to the support staff. I
David Roberts is'a-Man-ager~in-K:PMG's 'Risk' Advisory Services Practice. ._-',
, David has over 5 years of experience assisting clients in business process I'
I analysis, risk assessment, functional and technical requirements i
I development, quality assurance, and operations management He works I
I exclusively with government organizations, and has specialized in business I
I process improveme~t, and mapping. David will b~ responsi~le for: I
i · Supportmg the Engagement Manager m conductmg the study for I
. the Department; !
· Coordinating the business process identification efforts among the I
Project Team; I
· Identifying business process controls or weaknesses within I
specific business processes; .
· Ensuring accurate representation of processes with Department I
staff; I
I
· Conducting interviews and focus groups to assess processes and I
the level of controls/control weaknesses; and I
!
. Drafting of deliverables,
,
I
. ............. ........... ...............-.... ..... ",-..-.. ........ j
.. "-.---~".,.."--
Page 13
KPMGMPrOjebct Team ~ Experience and Area of Responsibility
em er '
I
Sarah Curry
Business Process
Consultant
Business Process
Consultant
Sarah is a Senior Associate in KPMG's Tallahassee Public Sector Practice.
She has performed a wide variety of professional consulting services to State
and local governments for over 8 years. Sarah has maintained an emphasis on
Florida, by providing the local clients the following services: business process
analysis, risk analysis, efficiency reviews, and costing engagements. Sarah will
be responsible for:
· Supporting the Engagement Manager and Lead Consultant in
conducting the study for the Department;
. Collecting and reviewing data;
· Conducting interviews and focus groups to assess specific
business processes and the level of controls and control
weaknesses;
· Identifying opportunities for improvement for risk mitigation and
increased efficiency; and
. Drafting of deliverables,
Al Diaz is a Senior Associate in KPMG's Orlando Public Sector Practice. Al
has worked with a variety of organizations in both the private and public
sectors and maintains 9 years of professional experience. He has worked on
engagements encompassing the following project work: process improvement,
internal controls, project management, purchasing/procurement, organizational
development initiatives, survey design and administration, and account
management. Al will be responsible for:
· Supporting the Engagement Manager and Lead Consultant III
conducting the study for the Department;
. Collecting and reviewing data;
· Conducting interviews and focus groups to assess specific
business processes and the level of controls and control
weaknesses;
· Identifying opportunities for improvement for risk mitigation and
increased efficiency; and
. Drafting of deliverables.
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1 6-C 7.
SECTION IV - METHODOLOGY AND PROJECT APPROACH
This section of our proposal describes KPMG's work plan for conducting the business process risk
assessment for the Collier County Utility Billing & Customer service Department. KPMG understands
that the Department is seeking an independent firm to provide a business process risk assessment. The
assessment will be performed on select business processes and will focus on the following process
elements:
.
controls;
control weaknesses/gaps;
inputs/outputs;
efficiency; and
effectiveness.
.
.
.
.
KPMG will document and assess specific business process related to revenue collection and
management within the Utility Billing & Customer Service Department. The specific business
processes to be included in the assessment are provided in Attachment A - Specific Business Processes
Included in Scope. In order to effectively understand and evaluate specific business processes, the
process must be documented from start to finish. If specific revenue collection and management
related business processes cross departmental boundaries to other County divisions or departments,
KPMG will continue to document the business process to truly understand the effects on the Utility
Billing and Customer Service Department as a whole.
To complete the assessment for the Department, KPMG will utilize the following workplan. The
workplan will be applied to and incorporate each of the business processes identified in Attachment A
- Specific Business Processes Included in Scope. A summary of the workplan tasks and activities are
as follows:
2
Issue Status Reports: KPMG will issue monthly status reports to Department
management that will detail the progression of the project and will list any current or
on-going issues that could effect the progression of the project.
Page 15
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Additional details by task are outlined below.
Task #1 - Project Kick Off
We will hold an initial project kick off meeting between the project team, the Department project
sponsor, and other relevant management. The purpose of the meeting is to introduce the KPMG
project team and reaffirm the project's goals and objectives, scope, and proposed workplan. The
meeting will include discussions about the data needs, project schedule, and roles and responsibilities
of the project team and the Department staff,
Task #2 - Issue Status Reports
The key to the success of this project is effective, routine communication with, and feedback between KPMG
and Department management and staff. Department management will be provided with monthly status reports
that details the following:
. Progress to-date, by task, for each monthly reporting period;
. Any pending or resolved issues; and
. Deliverable schedule compliance.
Page 16
16C7
~
Task #3 - Gather and Assess Data
The project team will gather specific process information from Department management and staff. This task
will enable us to gain an understanding of the current activities performed within specific processes and the
departmental organizational structure,
This activity will enable us to identifY and highlight non value-added activities, for example: duplication of
effort, task specialization or fragmentation of responsibilities, number of approvals, number of hand-offs,
bottlenecks, methods used to disseminate information to other departments, and shadow systems, As the
processes are being understood conceptually and followed in operation, the processes will also be tested at
critical points within the processes to identify possible control gaps and weaknesses. The data we seek
will help determine the economy, efficiency and/or effectiveness of the Department's current revenue
related processes.
There are three subtasks associated with this task:
Requesting and Reviewing Reports and Other Documentation. This information will be reviewed
by our project team and used in subsequent analyses, as appropriate. This involves collecting primarily
the following data:
. Relevant regulations, policies and . Operating and performance data
procedures . Copies of prior audits, management and
. Planning and budget documents performance reviews, and studies
. Organization unit and program descriptions . Inventory of information systems hardware
Staffing information and software
.
Management and financial reports . Current workflow process diagrams
.
Conducting Interviews. The KPMG team will conduct interviews with key officials, staff and
stakeholders. Brief descriptions of the interviews are as follows:
. Interviews will be conducted with both management and staff depending on the direct interaction to each
business process,
. Interviews will be conducted with staff and stakeholders internal and external to the Utility Billing &
Customer Service Department. The project team will need to understand the processes from beginning to
end even if the processes cross departmental/divisional boundaries.
. We will prepare an interview guide in advance of the first interview to ensure consistency and thoroughness
throughout the interview process. Interview results will be evaluated to identifY potential issues, as well as
to help focus subsequent fact-finding and analysis efforts by the project team.
Page 17
Ie
Assessment Areas. While assessing the business processes, the project team will be focusing on the
following process elements and objectives:
.
controls;
control weaknesses/gaps;
inputs/outputs;
efficiency; and
effectiveness.
.
.
.
.
Task #4 - Develop Findings and Recommendations
As a result of the data gathering and assessment task, findings and recommendations will be developed.
Our approach will utilize Firm resources with appropriate technical experience, to the extent necessary.
Therefore, the Department will receive the benefit of KPMG's collective experiences. In developing
the recommendations, the project team will consider methods to enhance the efficiency and
effectiveness of each business process, while simultaneously reducing and mitigating the inherent risk
associated with each business process. The recommendations developed as a result of any findings will
be developed in a manner that is reasonable and realistic for Department implementation. We envision
the findings and recommendations to contain the following elements:
· A summary of "quick hits" identified in reviewing the select department's revenue collection and
management business processes- these quick hits will represent areas where recommended change can
occur rapidly as well as those recommendations that will be dependent on the implementation of new
processes.
· A summary of non value-added activities, for example: duplication of effort, task specialization or
fragmentation of responsibilities, number of approvals, number of hand-offs, bottlenecks, number of copies
and routing, frequency of contact with end users, and method used to disseminate information to other
departments.
· A series of observations and recommendations supporting effective business processes that are efficient and
contain safeguards to reduce risk
Task #5 - Issue Draft Assessment Report
The draft assessment report will contain the results of our research, interviews, and process analyses. Our
methodology for developing a business process risk assessment stresses the thorough identification of issues to
facilitate the discussion of options and the development of management reform plans.
Page ] 8
16C7
As discussed previously, a wide range of management and operational issues are typically identified in studies
such as this. KMPG will also analyze the data gathered from documentation and interviews in order to identifY
opportunities to improve productivity and efficiency, It is anticipated that the draft assessment report will
contain, but not be limited to, the following:
.
Executive Summary;
Methodology and Approach;
Scope of Services;
Findings and Observations; and
Recommendations.
.
.
.
.
Task #6 - Review Comments Received on Draft Report
After the submittal and presentation of the draft report to the Department, KPMG will respond to feedback and
affect any needed modifications or corrections in the draft report. KPMG will move forward and work with
the Department to finalize the report.
Task #7 - Issue Final Assessment Report
The final report will include an executive summary; introduction, including purpose, scope and methodology;
governance, including organization and program design; and findings and recommendations. Any needed
modifications or corrections based on Department review comments ofthe draft report will be incorporated into
the final report.
Page 19
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SECTION V - COST OF SERVICES
Our proposed professional fee for this engagement is a fixed price of $87,453, The chart below details the
cumulative project team hours by each task. The rates are composite, fully burdened rates that include all
travel, lodging, per diem, report preparation, and duplication expenses. Compensation shall be inclusive of all
costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items
required for project completion and/or completion of services.
Task 1: Project Kick Off
Task 2: Issue Status Reports
Task 3: Gather and Assess Data
Task 4: Develop Findings and Recommendations
Task 5: Issue Draft Assessment Report
Task 6: Review Comments Received on Draft Report
Task 7: Issue Final Assessment Report
10
9
150
120
40
20
20
369
2,370
2,133
35,550
28,440
9,480
4,740
4,740
Total Project Costs
87,453
The County shall pay the Contractor for the performance of this Agreement as follows: The first payment shall
be made to the Contractor upon completion of fieldwork, which includes tasks 1,2 and 3. The second payment
will be made to Contractor upon submission and acceptance of the Draft Report, this payment will include
Tasks 4 and 5, Final payment shall be made upon completion of Tasks 6 and 7. All payments are contingent on
the acceptance and approval of each task completion by the Utility Billing and Customer Service Director or his
designee. Payment will be made upon receipt of a proper invoice and in compliance with Section 218,70, Fla,
Stats., otherwise known as the "Florida Prompt Payment Act".
Page 20
16C7
SECTION VI - SCHEDULE
The chart below details the proposed time line for the engagement. KPMG proposes beginning the
project the last week of May, providing a draft report on Sept 1, receiving any draft comments from the
Department on Sept 15 (or 2 weeks after delivery of draft report), and providing the final report on Sept
30 (or 4 months after project initiation). This timeframe will shift depending on the official start date
of the engagement. The timeframe also is dependent on the ability of the Department to provide
requested data and meetings in a timely manner.
Task 2: Issue Status Reports
Task 3: Gather and Assess Data
Task 4: Develop Findings and Recommendations
Task 5: Issue Draft Assessment Report
Task 6: Review Comments Received on Draft Report
Task 7: Issue Final Assessment Report
Equals Event or Milestone
. Equals Deliverable Report
Page 2 I
16
APPENDIX A - SPECIFIC BUSINESS PROCESSES INCLUDED IN
SCOPE
The business processes detailed in the table below are the specific processes that will be included in the scope
of services for this engagement. Each process will be evaluated based on the workplan described in Section IV:
Methodology and Project Approach.
Account Maintenance - Ad'ustments
Make adjustments to customer accounts for
either under char es or over char es.
Maintain customer address information and add
2 Account Maintenance - Miscellaneous du licate bill information to customer accounts,
3 Bank Draft Maintenance Maintain a customer's bank draft information.
4 Customer Maiutenance - New Bank Drafts Process new customer bank drafts.
5
Close the cashiers' cash drawers and balance the
transactions entered in the Inhance system and
the CD Plus system to the amounts paid by the
customers.
6
To transfer all payment transactions from the
Inhance s stem to Finance's accountin s stem.
7
Set up payment plans for customers with
outstanding balances and with financed impact
fees.
Enter Customer Pa ment Plans
8
Enter Effluent Contract Rates
Mana e effluent contract accounts,
9
Check for illegal connections and process the
ille al connections when the are found.
Process IIIe al Connections
10
Import all lock box payments into the Inhance
s stem.
Process Lock Box Pa ments
11
Process customer payments received at the
Customer Service front counter,
Process Over the Counter Pa ments
12
Process monthl char es for the selected c cleo
13
Create an export file of the billing GL
transactions and email the export file to
Finance.
Perform BilIin GL Transfer
14
VerifY and correct the meter reading
infonnation prior to perfonning the apply
rocess,
'1('"
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15
Perform Meter Readin s
16
Pre are Data for Meter Readin s
17
Process Bank Drafts
18
Process Cooling Tower and Fountain
Meters
19
Process Emuent Contract Ex irations
20
Process Meter Exchan es
21
Process Move in and Move outs
22
Process New Installations
23
Process Non-Metered Books
24
Process Pa ment Plans
25
Process Penalties
26
Process Pre-Treatment Billin
27
Process Web Pa ments
28
Rate Table Maintenance
Process the meter readings performed by the
Automated Reading and Repair Technicians
and import those readings into the Inhance
s stem,
Select the cycle to be read, prepare the cycle
data, and download the cycle data into the
handheld meter reading devices and the mobile
collectors,
Process bank draft payments for customers in
the c cle that is bein A lied.
Make adjustments to customer accounts that
have cooling towers or fountain meters,
Cooling tower accounts will have their sewer
charges adjusted based on the amount of
evaporation in the cooling tower, accounts with
fountain meters will have their sewer charges
ad'usted based on the fountain water usa e.
Mana e effluent and contract accounts.
Perform all re uired meter exchan es.
The purpose of this procedure is to process a
move out, enter a final read for the move out,
and enter the move in information for the new
owner.
Create new utility accounts in the Inhance
s stem.
Generate duplicate bill charges and water and
sewer availability charges for the cycle being
rocessed.
lans.
Generate penalties for the cycle being
rocessed.
IdentifY and update accounts that are to be
billed a Pre-Treatment char e.
Import all web payments into the Inhance
s stem.
Maintain existing rate codes and create new rate
codes in the Inhance s stem.
16C7
3
Process refunds for inactive accounts that have
a credit balance.
29
Refunds - Inactive Accounts
30
Process refunds for customers with a credit
balance that re uest a refund check.
Refunds - Active Accounts
31
Process payments for customers with locked or
pulled meters, generate work orders to reinstall
or unlock the meters, and update the customer
accounts in the Inhance s stem.
ReinstalllUnlock Meter Processin
32
Review certificates of occupancy to identify
service locations that need to have water and
sewer rate codes added to the service location in
the Inhance s stem.
Review Certificates of Occu anc
33
Review the HighlLow report and identify
roblem meters before biIIin is com lete,
34
Review the Inactive Meter report and identify
accounts to activate for water.
Review the Inactive Meter Re ort
35 Review Meter Locks
36
Unload locked meter data from the handheld
devices and generate reports of all meters that
were locked,
Unload Locked Meter Data
.1
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:t 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, inclllling Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Joe Bellone Phone Number 417-6028
Contact
Agenda Date Item was May 9, 2006 Agenda Item Number 16C8
Approved by the BCC
Type of Document Agreement Number of Original one
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require fotwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on :) 0 b (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 Hcable.
~
Yes
(Initial)
N/ A (Not
A licable)
~
2.
,J/~
" Ill-
3.
4.
5.
?
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
7 J ;'" .
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MEMORANDUM
Date:
May 11,2006
To:
Joe Bellone, Operations Supervisor
Collier County Public Utilities Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Potable Water Bulk Services Agreement Between The Collier
County Water-Sewer District And The City Of Marco Island
Enclosed please find one copy, as referenced above (Agenda Item #16C8), which
was approved by the Board of County Commissioners on Tuesday, May 9, 2006.
The original document is being retained for the record.
If you should have any questions, please contact the Minutes and Records
Department at 732-2646 ext. 7240.
Thank you.
Enclosure
1'1. #' C'--
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POTABLE WATER BULK SERVICES AGREEMENT
BETWEEN THE COLLIER COUNTY WATER-SEWER DISTRICT AND
THE CITY OF MARCO ISLAND
.~
THIS AGREEMENT, is made and entered into this q day of (Y),4-Y
2006, by and between The Collier County Water-Sewer District, a political subdivision
of the State of Florida, ("DISTRICT") acting by and through its Board of County
Commissioners, (District Board) the governing body thereof, and the City of Marco
Island, Florida, ("CITY"), acting by and through its City Council, the governing body
thereof.
RECITALS
WHEREAS, the CITY owns and operates a water system located in Collier
County, which provides service to an area referred to herein as the Hammock Bay
Service Area; and
WHEREAS, the CITY desires that the Collier County Water-District (herein
"DISTRICT") provide cost-effective, long-term bulk potable water service only within
that part of the CITY'S potable water service area as is depicted on Exhibit B, attached
hereto, and desires to receive potable water production and treatment services from the
DISTRICT, all as specified in this Agreement; and
WHEREAS, the CITY has determined that the most cost effective alternative to
provide potable water service to the said potable water service area is through the
purchase of the subject bulk potable water service from the DISTRICT pursuant to this
Agreement; and
WHEREAS, the DISTRICT has adequate water production and treatment
capacity within its regional water system to meet the CITY'S Initial Contracted Capacity
(as defined herein); and
WHEREAS, the CITY hereby agrees to connect its potable water system to the
DISTRICT'S potable water system to enable the DISTRICT to provide the mutually
agreed to quantities of potable water service to the CITY ("Wholesale Water Services")
for resale to the CITY'S customers in that geographic area; and
WHEREAS, subject to the conditions and limitations cited herein, the DISTRICT
agrees to sell bulk potable water service to the CITY (purchaser) for resale to the
CITY'S potable water customers within that specific geographic area; and
WHEREAS, the DISTRICT and the CITY desire to enter into and execute this
1
16CB
Agreement setting forth the terms and provisions for the subject sale and purchase of
these Bulk Water Services.
NOW THEREFORE, the DISTRICT and the CITY hereby covenant and agree as
follows:
SECTION 1.
RECITALS. The above recitals are true and correct and are
incorporated herein.
SECTION 2. DEFINITIONS. The following words shall have the following
meanings unless the context hereof requires otherwise:
"Agreement" shall mean this Potable Water Bulk Services Agreement between
the DISTRICT and the CITY.
"Average Daily Flow" or "ADF" means the average potable water use
measured by metering at the Point of Delivery for any period of time and shall equal the
total quantity of potable water delivered divided by the number of days for that period of
time corresponding to such quantity of water delivered.
"Bulk Water Services" shall mean the potable water services, provided to the
CITY by the DISTRICT at the Point of Delivery, and associated with the production,
treatment, and transmission of such bulk potable water for exclusive use by the CITY
for only resale to the CITY'S retail potable customers situate within CITY'S Service
Area as defined in this Agreement.
"Billing Period" means that period of time for which bulk potable water is
delivered by the DISTRICT to the CITY for Bulk Water Service which serves as the
billing determinant basis for which the Commodity Charges are imposed by the
DISTRICT, which period will generally average thirty (30) days.
"CITY" means the City of Marco Island, a political subdivision of the State of
Florida,
"City's System" means the potable water system that serves the CITY'S
potable water customers.
"City Service Area" means that geographic area of the CITY as shown in
Exhibit B hereto.
"Commodity Charge" means the bulk service water rates charged by the
2
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16GB
DISTRICT to the CITY for Bulk Water Services provided by the DISTRICT to the CITY
pursuant to this Agreement during a Billing Period based on all metered or estimated
water flow delivered by the DISTRICT to the CITY at the Point of Delivery.
"Contracted Capacity" means the gallonage amount of potable water
production and treatment capacity measured at the Point of Delivery expressed on a
maximum month daily flow basis that is reserved through this Agreement between the
CITY and the DISTRICT for the CITY'S exclusive use for resale to the CITY'S potable
water customers only within the geographic area depicted in Exhibit B, attached hereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"CPI" means a price index adjustment factor used to adjust rates based on the
"Miami-Ft. Lauderdale MSA, FL. All Items Index" as reported by the United States
Bureau of Labor Statistics, which from time to time shall be applied uniformly to all rates
for this rate classification of bulk potable water service.
"Customers" means the CITY'S potable water customers situate in the subject
geographic service area and who purchase the subject water from the CITY.
"Days" means calendar days unless otherwise specified.
"District Board" means the Board of County Commissioners, Collier County,
Florida, as the Ex-Officio Governing Board of the Collier County Water-Sewer District.
"DISTRICT System" means the potable water system that serves the DISTRICT
and will deliver the subject bulk potable water the CITY Service Area pursuant to this
Agreement.
"Equivalent Residential Connection (ERC)" means, with regard to water
service, the equivalent gallonage usage requirements of a single-family residential
customer. For these purposes, each ERC will have an assigned value of 1.0. The ERC
gallonage is and shall continue to be based upon statistical data accepted by the
DISTRICT establishing an average residential use, and it is recognized that the usage
for some types of residential units may be greater or smaller than the average ERC
gallonage assumed for this calculation; Also the ERC may change from time-to-time
based upon the rates calculated in the DISTRICT'S then most recent Impact Fee Study.
As of the effective date of this Agreement an ERC equals 350 gallons per twenty-four
(24) hour day.
3
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"Excess Flow" means all metered potable water deliveries at the Point of
Delivery expressed in gallons, received during a Billing Period by the CITY from the
DISTRICT that exceeds the then Contracted Capacity for the applicable Billing Period.
"Fiscal Year" means the twelve month period beginning October 1 st and ending
September 30th.
"Force Majeure" shall include, but not be limited to, acts of God, strikes,
lockouts, or other industrial disturbances, acts of any public enemy, wars, blockades,
riots, acts of armed forces, epidemics, delays by carriers, inability to obtain materials or
rights-of-way on reasonable terms, acts or failures to act by public authorities not under
the control of either party to this Agreement, or acts or failures to act by regulatory
authorities.
"GPD" means "gallons per day."
"Maximum Month Daily Flow" or "MMDF" means the Maximum Monthly Flow
divided by the number of days for that period of time expressed in days corresponding
to such quantity of water delivered for which the Maximum Monthly Flow was
measured.
"Maximum Monthly Flow" means the highest total potable water use metered
at the Point of Delivery for the number of days reflected in any calendar month during
the respective calendar year.
"MGD" means "million gallons per day."
"Point of Delivery" means that geographic point, as identified on sheet _ of
the design plans attached hereto as Exhibit A, where the CITY'S System shall be
physically connected to the DISTRICT System for the purpose of delivering the subject
bulk potable water to the CITY'S System.
"Price Index" means the index used by the DISTRICT to adjust its Water
Service Commodity Charges to account for inflationary effects of the DISTRICT'S costs
of providing potable water service, to avoid expenses of frequent detailed Water
Service Commodity Charge rate evaluations.
"Transmission Facilities" means those utility facilities, including but not limited
to, water mains, valves, continuous read out telemetry, meters, and appurtenant
facilities, used directly or indirectly throughout the term of this Agreement to connect the
CITY'S System to the DISTRICT'S System at the Point of Delivery, as shown on Exhibit
4
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A attached hereto.
"Water System Capacity Fees" means the capacity or impact fees expressed
on a "per gallon of capacity reserved basis" adopted from time to time by the DISTRICT
which shall be charged by the DISTRICT to the CITY to reserve potable water capacity
from the DISTRICT'S System.
SECTION 3.
3.1.
3.2.
3.3.
CITY CONNECTION AND POINT OF DELIVERY.
The CITY shall design and construct all Connection Facilities within the
CITY'S System that are necessary to receive the subject bulk potable
water from the DISTRICT at the Point of Delivery. The construction of
the Connection Facilities as identified on Exhibit C shall be the
responsibility of the CITY and such Connection Facilities shall remain
the property of the CITY.
The CITY, at no cost to the DISTRICT, shall obtain all necessary
governmental approvals, including permits, for the construction of the
Connection Facilities for the connection of the CITY'S System to the
DISTRICT System at the Point of Delivery. The design of the
Connection Facilities is the sole responsibility of the CITY and shall be
adequate to meet the Contractual Capacity requirements at the delivery
pressure identified in this Agreement.
The CITY will construct the Point of Delivery in accordance with the then
current Collier County Utilities Standards and Procedures Ordinance
and the then current Utilities Standards and Procedures Manual, which
shall include, but not necessarily limited to, isolation valves, backflow
prevention device, by-pass, and a potable water master meter for the
purposes of determining the amount of Potable Water Services being
provided to the CITY by the DISTRICT pursuant to this Agreement. The
CITY will be responsible for the design, construction, and testing of all
facilities comprising the Point of Delivery and will convey title to all of the
same to the DISTRICT in accordance with the County's Utilities
Standards and Procedures Ordinance. Upon execution of this
Agreement, the CITY will immediately initiate the design and
5
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construction of the facilities comprising the Point of Delivery and will
have such facilities placed into service within three hundred (300) days
after execution of this Agreement. The CITY shall pay for all costs of
the construction of the Point of Delivery. The CITY shall be responsible
for constructing the Connection Facilities and connecting the City
System to the District System at the Point of Delivery. The DISTRICT
shall have the right to inspect the connection of the CITY Connection
Facilities at the Point of Delivery prior to providing the subject Water
Service to the CITY in accordance with this Agreement. Upon
conveyance of the facilities constituting the Point of Delivery to the
DISTRICT, the DISTRICT shall own, operate and maintain such
facilities.
3.4. The receipt of Bulk Water Service pursuant to this Agreement shall
commence when the Connection Facilities and the facilities constituting
the Point of Delivery have been constructed and placed into service by
the respective Parties, and the CITY has paid in full for the amount of
Contracted Capacity as specified in this Agreement.
SECTION 4. METERING OF SERVICE.
4.1 All potable water delivered to the CITY by the DISTRICT under this
Agreement shall be measured at the Point of Delivery by meter equipment
of standard manufacture.
4.2 The quantity of potable water delivered to the CITY shall be determined
based on meter readings calculated based on the difference in quantity
registered from the previous meter reading, said meter reading being
made by the DISTRICT. The CITY can have a representative present at
each time the meter is read; notification being provided by the CITY to the
DISTRICT of the request to be present at the meter read forty-eight (48)
hours in advance of such meter reading by the DISTRICT.
4.3 The DISTRICT will attempt to read the meter on the same day that other
meters in that billing cycle are read nearby to the City's Service Area to
6
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have each such Billing Period of approximately thirty (30) days,
recognizing holidays, weekends, and Force Majeure incidents may affect
the timing of such meter readings.
4.4 The DISTRICT will test and calibrate the meter for service at the Point of
Delivery once every six (6) months, which will be a cost of the DISTRICT
borne by all customers of the DISTRICT. The CITY may install additional
metering equipment on its side of the Point of Delivery, to serve as a
check meter, which additional metering equipment will be owned,
repaired, maintained and, if necessarily replaced, by the CITY. The
DISTRICT'S meter will serve as the basis for the determination of potable
water delivered at the Point of Delivery for the evaluation of Contracted
Capacity utilization and commodity service billing purposes.
4.5 At the request of the CITY, the DISTRICT within thirty (30) days of
receiving said request shall provide the CITY with a certified copy of the
meter calibration report of the subject Water Service meter at the Point
of Delivery. Should the calibration result in finding the meter inaccurate,
the DISTRICT will as soon as possible repair or replace the meter so
that meter's measurement will be accurate. For purposes of billing
charges based on the metered flow, the amount billed during the period
that the meter was determined to be inaccurate shall be the average of
the prior twelve (12) monthly meter readings. If twelve consecutive
monthly readings are not available, then the adjustment to correct the
inaccuracy will be made promptly after twelve (12) months of accurate
historical readings become available.
SECTION 5. RESERVATION OF POTABLE WATER CAPACITY.
5.1. The CITY will receive an allocation of the Water Capacity from the
DISTRICT for its resale pursuant to this Agreement upon the payment of
Water System Capacity Charges in full to the DISTRICT. The CITY shall
have an exclusive right to resale the Contracted Capacity as specified in
7
16CR
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this Agreement. The CITY will have an entitlement to the Contracted
Capacity. The CITY will not be responsible for operation, maintenance,
repair or replacement of any facilities owned by the DISTRICT.
5.2. 1. Coincident with the execution of this Agreement, the CITY agrees
to reserve Contracted Capacity from the DISTRICT as stated on Exhibit
0, Section 1. This reservation is referred to as the "Initial Contracted
Capacity" and will be vested in the CITY only upon payment in full to the
DISTRICT of the applicable Water System Capacity Fees. The CITY will
pay the DISTRICT based on the Initial Contracted Capacity and the
current Water System Capacity Fee as stated in Section 2 on Exhibit D.
2. At such time as the CITY may determine its need to purchase
additional potable water Contracted Capacity from the DISTRICT
pursuant to this Agreement, the CITY shall provide to the DISTRICT
"Notice to Reserve Additional Potable Water Capacity" to request the
purchase of an additional increment of Contracted Capacity. The Notice
to Reserve Additional Potable Water Capacity shall include, but not be
limited to, the increment of capacity requested for reservation, and the
requested actual service date for such additional requested potable water
Contracted Capacity. If the CITY agrees to purchase additional potable
water Contracted Capacity from the DISTRICT, the CITY shall purchase
such capacity in increments of not less than 10,000 gallons per day
(GPO).
3. In no case shall the Capacity Availability Date for any additional
potable water Contracted Capacity being requested by the CITY be less
than ninety (90) days nor more than one hundred and twenty (120) from
the requested Capacity Availability date specified in the respective Notice.
Within ninety (90) days of receipt of said notice from the CITY, the
DISTRICT shall inform the CITY in writing whether the additional potable
water Contracted Capacity as requested by the CITY will be available as
8
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of the requested Capacity Availability Date. If such potable water capacity
is determined by the DISTRICT to be available for the subject use by the
CITY pursuant to this Agreement, the CITY shall enter into an Additional
Contracted Capacity Payment Agreement and pay for such additional
Contracted Capacity (in the amount of money determined by using the
same methodology as identified in Section 5.2, and promptly thereafter
Section 1 (a) in Exhibit 0 shall then be amended by the DISTRICT to
include such increased available Additional Contracted Capacity.
Furthermore, with respect to the CITY'S purchase of additional Contracted
Capacity, the rate for such additional capacity to be charged by the
District shall be at the then current prevailing market rates established by
the DISTRICT via Resolution in accordance with the County's then
applicable Ordinance. The amended (updated) Section 1 (a) in Schedule
o will identify the then applicable total amount of revised (increased)
potable water Contracted Capacity purchased by the CITY, and the total
cost of said additional capacity. The Amended Section 1 (a) to such
updated Schedule D shall thereby specify the increase in capacity above
the "Initial Contracted Capacity" as originally identified in this Agreement.
Any purchase of additional Contracted Capacity will utilize the
methodology in effect for the DISTRICT at that date of actual payment to
the DISTRICT, which may require payment in full before any such
capacity is reserved to the CITY.
4. The DISTRICT will promptly make available, upon request of the
CITY, a copy of the monthly Operating Reports which had been submitted
by the DISTRICT to the Florida Department of Environmental Protection
(FDEP) which will quantify the average daily flow or capacity use for each
individual water plant as all of the same are public records under Florida
Law.
5.3. The CITY shall pay a Water System Capacity Fee to the DISTRICT for all
potable water Contracted Capacity reserved by the CITY as set forth in
Exhibit D. The Initial Water System Capacity Fee on Exhibit 0, Section 2
9
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(b) is based on a study as prepared by the DISTRICT and shall remain in
effect until revised from time-to-time by the DISTRICT pursuant to County
Resolution as adopted by the Board of County Commissioners. The
DISTRICT may, but has no obligation to, give special notice to the CITY of
changes to the Water System Capacity Fee. The Water System Capacity
Fee will be expressed on a "per gallon of Contracted Capacity" basis and
will always be rounded to the nearest cent for billing and calculation
purposes.
5.4. The DISTRICT is named as the permit holder of the potable water
facilities required to provide the potable water Contracted Capacity as it
relates to the operation of such facilities by the FDEP and any other
regulatory agency which may have jurisdiction with respect to such
facilities. The DISTRICT at all times will attempt to operate its utility
facilities in accordance with generally accepted utility operating
procedures such that its operations should not be in violation of State
and/or Federal regulations governing the operation of the facilities with
such permit(s); and at all times the DISTRICT shall attempt to renew such
permits on a timely basis in accordance with then applicable regulations to
maintain such permit(s) in an approved active status mode. In the event
that the DISTRICT is not in compliance with the operating permits for all
facilities required to provide the Contracted Capacity to the CITY and the
DISTRICT is fined or required to implement capital or operational
improvements to such facilities as required by any regulatory agency, the
CITY will be responsible pro-rata with the DISTRICT'S other potable water
customer's costs, including penalties, if any, to the greatest extent than
allowed by law.
5.5. The District shall endeavor to deliver the subject Bulk Potable Water
Service at the Point of Delivery in accordance with the then current edition
of the DISTRICT'S Utilities Standards and Procedures Ordinance and
Manual.
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SECTION 6. RATES FOR MONTHLY USE OF CONTRACTED CAPACITY
6.1 The CITY will be responsible for the payment of all charges associated
with the monthly use of its potable water Contracted Capacity. Per this
Agreement, all potable water use will be metered at the Point of Delivery.
The rates for service as billed by the DISTRICT will be fair and reasonable
and shall reflect at least the DISTRICT'S cost of providing such Bulk
Water Service to the CITY. The CITY shall pay the DISTRICT the then
applicable Commodity Charge for all metered Bulk Water Service
delivered by the DISTRICT to the CITY at the Point of Delivery. The initial
Bulk Water Service Commodity Charge is shown on in Section 4 (b)(i) in
Schedule 0, which is based on a study prepared by the DISTRICT.
Beginning on October 1st of each Fiscal Year and absent a formal review
of the Bulk Water Service rates as provided in this Agreement, the
DISTRICT will be allowed to adjust the Bulk Water Service Commodity
Charge by the application of not less than the Price Index as such Index is
defined in this Agreement. The DISTRICT may notify the CITY in advance
of changes in the Bulk Water Service Commodity Charge. The Bulk Water
Service Commodity Charge will be expressed on a "per thousand gallons
of metered potable water as delivered to the Point of Delivery" basis and
will always be rounded to the nearest cent for billing and rate calculation
purposes.
6.2. Nothing in this Agreement is intended, nor shall be construed, to be
inconsistent with any original Exhibit. If it is claimed that there is
inconsistency between this Agreement and any original Exhibit (or
amended Exhibit), the text of the Agreement shall control to the extent of
such conflict(s), if any. When and If any original Exhibit is amended after
the commencement date of the Agreement, the Agreement shall continue
to control over each Exhibit except to the extent, if any, the amended
Exhibit expressly states that the amendments to the respective Exhibit are
in fact acknowledged to be inconsistent with the Agreement, and the
acknowledgements expressly specifies the precise extent that the
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respective Exhibit, as then being amended, is modifying the Agreement.
For example, the respective Exhibit, as amended, must state that "This
amendment to Exhibit _ supersedes the Agreement only as follows:
." Whenever an Exhibit is amended, each amended Exhibit must
be re-titled and must state the effective date of the amendments such as,
for example: "First Amended Exhibit [applicable Exhibit letter]_,
effective on the _ day of , 200_, which supersedes the original
Exhibit [applicable Exhibit letter]."
6.3. The Bulk Water Service Commodity Charges to be billed to the CITY by
the DISTRICT will be established periodically, but not less frequently than
every three (3) years, by an independent study of the costs associated
with providing service as provided in this Agreement. Such study will be
performed concurrently with any evaluation of the retail rates of the
DISTRICT to provide consistency in the rate determination process. The
rates to be applied to the CITY shall be the same as the rates charged to
other of the DISTRICT'S customers in the same rate class.
6.4. Subject to the terms and conditions of this Agreement, the DISTRICT
shall invoice the CITY on a monthly basis in accordance with billing cycle
meter readings, calculated charges and other applicable service fees. The
invoice shall include, at a minimum, the billing period of service, the
amount of Bulk Water Service flows as metered and billed, the rates for
service, the amount of the invoice, contact person for questions regarding
the invoice, and other information deemed acceptable by the parties. The
CITY shall make payment based upon the invoice amount within thirty
(30) days after receipt of the invoice from the DISTRICT. If payment is
not received by the DISTRICT within thirty (30) days after receipt of the
invoice, the CITY shall be liable for the payment of any penalties on the
outstanding balance as established from time to time by the DISTRICT,
which penalty charges being the same as those applied to all other
customers of the DISTRICT as established by Ordinance or Resolution as
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appropriate. The charging of penalties shall not extend the due date for
any payment and any failure to pay may be considered a default under
the terms of this Agreement.
6.5. As then specified by Collier County Ordinance No. 2003-71, as hereafter
amended (or superseded by another Ordinance), or as provided in the
DISTRICT'S Special Act, the subject water service from the DISTRICT to
the CITY can be temporarily terminated when bills are delinquent for non-
payment.
6.6. If the CITY disputes the accuracy of any meter reading or billed amount, it
must in writing notify the DISTRICT of the claimed meter inaccuracy
and/or claimed billed amount within forty-five (45) days of the date on the
respective disputed billing cycle invoice. All claimed billing cycle invoice
errors not thus disputed within forty-five (45) days of receipt of each
respective invoice by the CITY shall be considered final and not subject to
dispute. However, if it is determined that the master water metered
potable water flows through the master meter were incorrectly determined
by the meter during a time period, as determined as a result of meter
testing, reimbursement based upon a claim of the master meter
inaccuracy shall not be applied further back in time than one hundred and
eighty (180) days from the date of the DISTRICT'S receipt of such master
meter error claim. If the CITY disputes an invoice for the subject Water
Service for a specific Billing Period, the CITY shall nevertheless promptly
pay in full the monetary amount billed by the DISTRICT. Unless the
DISTRICT'S staff agrees that the claimed error is self-evident or obvious
when compared to typical average usage and/or historical flows, and
therefore agrees that the invoice shall be summarily adjusted prior to the
scheduled payment date. If, after payment in full, it is subsequently
determined that the billing was in error, then the CITY shall be reimbursed
or credited by the DISTRICT, for the respective above stated time period
allowed refund (or credit) within thirty (30) days after such determination.
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6.7. In the event that the South Florida Water Management District or other
governmental unit (including the Board of County Commissioners or its
equivalent) with just cause and authority declares a water shortage, then
the DISTRICT shall have the right to restrict service to the CITY by the
same manner as the DISTRICT restricts service to all of its other
customers located within the DISTRICT potable water service territory on
a pro-rata share but will not adjust the Bulk Water Service Commodity
Charge being billed by the DISTRICT as a result of such restricted
service.
6.8. The DISTRICT hereby agrees to use its best efforts to produce, treat, and
transmit to the CITY for potable water for resale in the CITY Service Area
based on the then Contracted Capacity reservation as purchased by the
CITY and paid for in full.
6.9. The billing of the subject Bulk Water Service will commence no later than
thirty (30) days after the completion of the construction of the Point of
Delivery by the DISTRICT and the completion of the construction of the
Connection Facilities by the CITY for the amount of potable water
delivered to the CITY by the DISTRICT and will be subject to rates, fees,
and charges as provided in this Agreement. In the event that the potable
water flow requested by the CITY to serve the CITY'S Service Area as
metered at the Point of Delivery exceeds the Contracted Capacity, as
expressed on a maximum monthly flow basis for a Billing Period, the
amount of potable water flow above the Contracted Capacity is defined as
"Excess Flow" and will be subject to additional Commodity Charges. The
additional charges are being imposed upon the CITY to discourage the
CITY from using potable water capacity of the DISTRICT System that has
not been reserved by and allocated to the CITY by this Agreement. The
additional charges for the daily Excess Flow, with the exception of potable
water used for emergency purposes or circumstances beyond the control
of the CITY (at the sole discretion of the DISTRICT consistent with the
14
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application in other areas of the DISTRICT), shall be determined based
on the following schedule:
1. For the Excess Flow during each Billing Period that is above the
Contracted Capacity but less than 125% of the Contracted Capacity,
an Excess Flow charge equal to 115% of the DISTRICT'S then
otherwise applicable Commodity Charge shall be imposed and shall
be paid by the CITY.
2. For the Excess Flow during each Billing Period that is above 125% of
the Contracted Capacity but equal to or less than 150% of the
Contracted Capacity, an Excess Flow charge equal to 125% of the
DISTRICT'S then otherwise applicable Commodity Charge shall be
imposed and be paid by the CITY.
3. For any Excess Flow during each Billing Period that is 150% above the
Contracted Capacity, such Excess Flow above 150% of the Contracted
Capacity will be charged an Excess Flow Charge equal to 150% of the
DISTRICT'S then otherwise applicable Commodity Charge.
4. Any decision made at the sole discretion of the DISTRICT concerning
excessive potable water usage by the CITY for emergency purposes
or under circumstances not under the control of the CITY may be
appealed to the Board of County Commissioners of Collier County by
the CITY subject to the City providing the County written notice of the
Appeal within forty-five (45) days of the date of the invoice for
excessive usage by the DISTRICT to the CITY.
6.10. The CITY and the DISTRICT will cooperate with each other in good faith
to coordinate the deliveries of the subject potable water to the Point of
Delivery so that such deliveries should not exceed the Contracted
Capacity for Bulk Water Service then being provided by the DISTRICT to
the CITY. If the CITY exceeds 150% of the Contracted Capacity of the
monthly average daily flow for three (3) consecutive months, OR four (4)
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months in any twelve (12) consecutive month period, the DISTRICT will
have the right to require the CITY to contract and pay in full for an
increase in the CITY'S Contracted Capacity in an amount sufficient to
eliminate such Excess Flow conditions. At no time during the term of this
Agreement is the DISTRICT obligated to provide Contracted Capacity in
excess of the gallonage than specified in the applicable Exhibit D.
6.11. Notwithstanding anything elsewhere in this Agreement, the DISTRICT shall
not be liable for any consequential damages, and the DISTRICT shall not
be liable for any direct damages as the result of the inability or failure to
provide to CITY Bulk Water Service pursuant to this Agreement on a
temporary, emergency or permanent basis due to Force Majeure or other
circumstances not reasonably within the control of the DISTRICT. The
DISTRICT shall use its best efforts to provide the Bulk Water Service
needed by the CITY to the then applicable Contracted Capacity per the
then applicable Exhibit D. Moreover, in the event of restrictions imposed
upon the DISTRICT by any regulatory authority or authorities, the
DISTRICT reserves the right to reduce the Contracted Capacity and the
corresponding and metered Bulk Water Service for the CITY to the extent
deemed necessary by the DISTRICT as a result of such imposed
restrictions.
6.12. With regard to the quality of potable water delivered by the DISTRICT at
the Point of Delivery, the DISTRICT will endeavor to meet all Federal,
State, and local water quality standards as imposed upon the DISTRICT
or as may be adopted by the DISTRICT in all then applicable Collier
County Ordinances and Resolutions (the "Quality Standards") during the
term of this Agreement. To the extent the quality of the potable water
delivered by the DISTRICT at the Point of Delivery does not meet the
Quality Standards, the DISTRICT will issue notice to the CITY as then
required by law.
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6.13. If the DISTRICT System is unable to deliver potable water to the CITY
pursuant to this Agreement, the DISTRICT will attempt to notify the CITY
within twenty-four (24) hours of the DISTRICT'S inability to provide such
Water Service. The DISTRICT should attempt to notify the CITY with a
minimum of twenty-four (24) hours of advance notice of when the
DISTRICT will be able to recommence providing such Water Service to
CITY.
SECTION 7. OWNERSHIP, MAINTENANCE AND REPAIRS.
7.1. The CITY shall own and maintain in accordance with applicable laws and
regulations and prudent utility management, solely at its own expense, its
water facilities on the CITY'S side of the Point of Delivery. Following
conveyance from the CITY, The DISTRICT shall own and be responsible
for the facilities comprising the Point of Delivery.
7.2. The DISTRICT, in accordance with applicable laws and regulations, shall
own and endeavor to maintain all raw water wells, treatment facilities,
mains, lines, pumps and the other facilities necessary to treat, transport,
and deliver the subject agreed upon potable water to the CITY Service
Area at the Point of Delivery pursuant to this Agreement.
7.3. All potable water received by the CITY from the DISTRICT at the Point of
Delivery will become the responsibility of the CITY for the distribution to its
customers and users within the CITY service area as then depicted on
Exhibit B, attached hereto.
SECTION 8. NOTICES.
8.1. All notices, requests, demands or other communications hereunder shall
be in writing and shall be deemed to be properly given if hand-delivered,
mailed by certified or registered U.S. Mail, or delivered by a generally
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accepted overnight courier service, such as Federal Express or United
Parcel Service. Written notices shall be addressed as follows:
Collier County:
Collier County Government
3301 East Tamiami Trail
Naples, FL., 34112
Attn: County Manager
City of Marco Island:
City of Marco Island
50 Bald Eagle Drive
Marco Island, FI., 34145
Attn: City Manager
8.2. Either party may, by notice in writing given to the other, designate any
further or different addresses to which subsequent notices, certificates or
other communications shall be sent. Any notice shall be deemed given on
the date such notice is delivered by hand or three days after the date
mailed. Each party to this Agreement shall have a continuing duty to
promptly notify the other party of any change to any of this information.
8.3. In emergency situations, it may be necessary to use more expeditious
methods of notification, including but not limited to phone calls. In those
instances, the respective party's emergency contact phone number shall
be as follows:
City of Marco Island:
Manager Utility Operations
Phone (239)825-9003
Collier County:
South County Regional Water Plant
Plant Manager
Phone (239)455-6188
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SECTION 9. TERM.
9.1. This Agreement shall continue until terminated by (a) mutual agreement of
the CITY and the DISTRICT, (b) by the CITY pursuant to Section 9.2, or
(c) by default per Section 10 herein below.
9.2. The CITY shall have the unconditional right to terminate this Agreement at
any time subject to delivering to the DISTRICT not less than one (1)
year's (365 days') advance written notice to the DISTRICT of the decision
to terminate this Agreement. Such termination shall be without any
financial or other liability whatsoever to the DISTRICT, but shall not affect
the CITY'S obligations to pay to the DISTRICT all then unpaid rates, fees
and charges or any other then unfulfilled obligations of the DISTRICT.
SECTION 10.
DEFAULT.
If either Party materially fails or defaults in keeping, performing, or abiding by the terms
and provisions of this Agreement, then the non-defaulting party shall give written notice
to the defaulting party specifying the nature of the default. If the defaulting party does
not cure the Agreement provision default within forty-five (45) days after the date of the
receipt of the written notice, or upon such other longer reasonable time period to cure
as stated in specific notice, then this Agreement, at the option of the non-defaulting
party, shall be terminated. Written notice of such termination, including the effective
date of the termination, shall be delivered to the termination party to the other party.
Each Party hereto also understands that there may be defaults of law, rule and/or
regulation apart from this Agreement that as a matter of law, and if possible, must and
shall be cured prior to forty-five (45) days of the start of such respective default. Nothing
in this Agreement shall be construed to in anyway affect any such obligation to cure.
This paragraph is not intended to replace any other legal or equitable remedies
available to the non-defaulting party under Florida law, but is in addition thereto.
Notwithstanding anything in this Agreement, any failure of the CITY to promptly deliver
timely payments to the DISTRICT shall be considered a material default under the
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terms of this Agreement without the necessity for any notice from the DISTRICT to the
CITY and such nonpayment by the CITY shall be sufficient grounds for temporary
termination of the subject Bulk Water Service from the DISTRICT to the CITY. This
provision shall not be applicable only if a specific payment is an unusual payment
(which excludes all billing cycle payments at the like) whereby the CITY, absent actual
notice to pay from the DISTRICT, would not be charged with knowledge of that unusual
and non-recurring obligation to pay.
SECTION 11.
FORCE MAJEURE.
With respect to the matters contemplated by this Agreement, neither party shall be
liable or responsible to the other as a result of any injury to property or person, which
was caused by any Force Majeure event.
SECTION 12.
ASSIGNMENT.
This Agreement shall inure to the benefit of and be binding upon successors or assigns
of the parties hereto. However, neither the DISTRICT nor the CITY shall assign or
otherwise transfer this Agreement (and/or any duty or obligation within this Agreement)
without the express prior written permission of the other party, which permission shall
not be unreasonably withheld. Any unauthorized attempt to assign or otherwise transfer
this Agreement and/or any party's duties or obligations hereunder shall be void ab initio.
SECTION 13.
AMENDMENT.
No amendment, supplement, modification or waiver of this Agreement shall be binding
unless executed in writing by both Parties hereto. No waiver of any of the provisions of
this Agreement shall be deemed to constitute a waiver of any other provision(s) of this
Agreement, whether or not similar, unless expressly provided in writing to the other
party by the waiving party. Each such amendment, supplement, modification or waiver
of this Agreement shall be filed with the Clerk to the Board of County Commissioners
and with the City Clerk of the CITY.
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SECTION 14.
INDEMNIFICATION.
To the greatest extent then permitted by law, the DISTRICT and the CITY agree to
indemnify and hold each other harmless from the negligent acts or omissions of
themselves, their officers, employees or agents.
SECTION 15.
SEVERABILITY.
If any part of this Agreement is found invalid or unenforceable by any court, such
invalidity or unenforceability shall not affect the other parts of this Agreement if the
rights and obligations of the parties contained herein are not materially prejudiced and if
the intentions of the parties can continue to be effected.
SECTION 16.
APPLICABLE LAW AND VENUE.
This Agreement shall be governed by, construed, controlled and interpreted according
to the laws of the State of Florida. Venue for any action or proceeding to construe or
enforce the provisions of this Agreement shall be exclusively in the Circuit Court in and
for Collier County, Florida.
SECTION 17.
EXECUTION IN COUNTERPARTS.
This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
SECTION 18.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement among the Parties pertaining to the
subject matter hereof, and supersedes all prior and contemporaneous agreements,
understandings, negotiations, discussions or representations, either oral or written,
21
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between the Parties and made with respect to the matters contained herein, and there
are no warranties, representations or other agreements among the Parties in
connection with the subject matter hereof, except as set forth herein.
SECTION 19.
FILING.
Portions of this Agreement may constitute a joint exercise of power, privilege or
authority by and between the DISTRICT and the CITY and may be deemed to be an
"interlocal agreement" within the meaning of the Florida Interlocal Cooperation Act of
1969, as amended. In recognition thereof, this Agreement shall be filed with the Clerk
of the Circuit Court of Collier County and with the Clerk of the CITY.
'-..
IN WITNESS WHEREOF, the DISTRICT and the CITY have caused this
Agreement to be executed effective on the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
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Approved at to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AND EX-
OFFICIO AS THE GOVERNING130ARD OF .
THE COLLIER COUNTY WATER-SEWER
DISTRICT.
By: .-?.>~~
Frank Halas, Chairman
j]J""" PJ~
Thomas C. Palmer,
Assistant County Attorney
CITY OF MARCO ISLAND, FLORIDA
BVL/I AJ1L/1pQ
City Manager
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Approved as to Form and Legal Sufficiency:
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City Attorney
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Exhibit A
Point of Delivery
CITY staff will promptly provide the required Exhibit A to County staff after it has been
prepared by a Florida licensed engineer at the CITY'S expense.
24
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Exhibit B
Hammock Bay Service Area
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Exhibit C
Connection Facilities
CITY staff will promptly provide the required Exhibit C to County staff after it has been
prepared by a Florida licensed engineer at the CITY'S expense.
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EXHIBIT D
BULK WATER SCHEDULE OF FEES AND CHARGES
1) Reservation of Contracted Capacity (as defined in Section 5.2):
a) The CITY agrees to reserve 0.179 MGD of Contract Capacity from the
DISTRICT, referred to as the Initial Contracted Capacity.
2) Water System Capacity Fees (as defined in Section 5.2):
a) The Initial Contracted Capacity will be secured by the CITY through the payment
of the Water System Capacity Fee to the DISTRICT.
b) As of the date of this agreement, the DISTRICT charges $2,760 per ERC, which
has an equivalent usage of 350 gallons per day as stated in the DISTRICT'S
Master Plans, or $7.89 per gallon.
c) The CITY will pay the DISTRICT $1,412,310 for the Initial Contracted Capacity
3) Water System Capacity Fee Adjustments
a) The Water system Capacity Fees may be adjusted by the DISTRICT by
Resolution in order to recover the costs of providing service. Notwithstanding the
ability to adjust the Water System Capacity Fees, the DISTRICT may apply a
price index rate adjustment to such rates upon the effective date established by
the Board of County Commissioners. The price index adjustment factor shall
represent the change(s) to the then applicable Index applied uniformly to all rates
for Bulk Water System Capacity Fees in effect at the time of the application of
the price index rate adjustment.
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4) Commodity Charges (as defined in Section 2):
a) All Bulk Water Service provided by the DISTRICT to the CITY shall be metered
at the Point of Delivery and shall be billed in accordance with the following
Commodity Charge schedule:
b) Commodity Charge:
(i) All metered Potable Water Flow.............. $2.96 per 1,000 gallons
5) Excess Flow Charges (refer to Section 6.7):
a) In no event during any Billing Period should the metered Bulk Water Service for
any particular month which constitutes such Billing Period exceed the Contracted
Capacity. To the extent that the monthly Bulk Water Service to the City as
metered at the Point of Delivery exceeds the Contracted Capacity, the amount of
metered Bulk Water Service above the then Contracted Capacity will be
considered by the DISTRICT as Excess Flow. The DISTRICT will impose an
additional charge upon all Excess Flow for the amount of Bulk Water Service
that is greater than the Contracted Capacity based on the product of i) the
Contracted Capacity expressed on a gallons per day on a maximum month flow
basis multiplied by ii) the number of days in the Billing Period based on the
following schedule:
i) For the amount of the Excess Flow during a Billing Period above the then
Contracted Capacity but less than 125% of the Contracted Capacity, an
Excess Flow charge equal to 115% of the DISTRICT'S effective Commodity
Charge during such Billing Period shall be paid by the CITY.
ii) For the amount of the Excess Flow during a Billing Period that is above 125%
of the Contracted Capacity but equal to or less than 150% of the then
Contracted Capacity, an Excess Flow charge equal to 125% of the
DISTRICT'S effective Commodity Charge during such Billing Period shall be
paid by the CITY.
iji) For the amount of the Excess Flow during a Billing Period that is above 150%
of the then Contracted Capacity, an Excess Flow charge equal to 150% of
the DISTRICT'S effective Commodity Charge during such Billing Period shall
28
loC8
be paid by the CITY.
Commodity Charge Adjustments
a) The Water Service Commodity Charges may be adjusted by the DISTRICT by
Resolution in order to recover not less than the costs of providing service.
Notwithstanding the ability to adjust the Water Service Commodity Charges, the
DISTRICT may apply a price index rate adjustment to such rates annually
effective each October 1. The price index adjustment factor shall represent the
change in the Miami-Ft. Lauderdale MSA, FL, All Items Index as reported by the
United States Bureau of Labor Statistics, or such other adjustment formula as
the DISTRICT may then be applying uniformly to Bulk Water Service Commodity
Charges that may be in effect at the time of the application of the price index rate
adjustment.
29
.,
R Ol- D1"""
.l
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 thc Board Otlice. 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
excention of the Chairman'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. Terri Daniels Human Services Dept. 11 5/1 0/2006
2. r
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 needed in the event one of the addressees above, including Sue Filson, need to contact stalY for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bce office only after the BeC has acted to approve the
item.)
Name of Primary Staff Terri Daniels Phone Number 732-2689
Contact
Agenda Date Item was May 9,2006 Agenda Item Number 16DI
Approved by the BCC
Type of Document Agreement Number of Original 4
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (AU 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 fuUy executed by aU parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
AIl handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip'
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to TaIlahassee within a certain
time frame or the BCC's actions are nullified. Be a are of our deadlines!
The document was approved by the BCC on . 't (enter date) and all changes
made during the meeting have been incorpora e in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a lie able.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4,
5,
6.
r
w\tr
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
May 12, 2006
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Letter of Agreement Between Collier County
And the State of Florida, through its Agency for
Health Care Administration
Enclosed, please find four (4) original Letter of Agreements as
referenced above (Agenda Item #16Dl), approved by the Board of
County Commissioners on Tuesday, May 9, 2006.
After the agreements have been sent to the Area Agency on Aging for
Southwest Florida, Inc. for the required signature, please return one
fully executed original to the Minutes and Records Department.
If you should have any questions, please call 732-2646 ext. 7240.
Thank you.
Enclosures (4)
.-'~
I:
i;
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1':
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Letter of Agreement
/
THIS LETTER OF AGREEMENT made and entered into in duplicate on the 9th
day of May ,2006 by and between Collier County, (the County) an<i.the State of Florida,
through its Agency for Health Care Administration,
1. Per Senate Bill 2600, the General Appropriations Act of FY 2005-2006, passed by the 2005
Florida Legislature, Collier County and the State of Florida, through the Agency for Health
Care Administration, agree that Collier County will remit to the State an amount not to
exceed a grand total of $71 ,943 for the following programs:
$71,943 is to fund the Medicaid Inpatient Upper Payment Limit program,
a) The County and State have agreed that these funds will only be used to
increase the provision of Medicaid funded health services to the people of the
County and the State of Florida at large.
b) The increased provision of Medicaid funded health services will be
accomplished through the following Medicaid programs:
1. Special Medicaid payments to rural hospitals, trauma centers, graduate
medical education programs, primary care services and other Medicaid
participating hospitals.
11. Special Medicaid payments to hospitals that provide enhanced services
to low-income individuals.
2. The County will pay the State an amount not to exceed the grand total amount of $71 ,943.
The County will transfer payments to the State in the following manner:
a) A payment of$71,943 is due no later than June 1,2006.
b) The State will bill Collier County.
3. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement
Plan reflecting 2005-06 legislative appropriations being approved by the federal Centers for
Medicare and Medicaid Services.
4. The County and the State agree that the State will maintain necessary records and supporting
documentation applicable to Medicaid health services covered by this Letter of Agreement.
Further the County and State agree that the County shall have access to these records and the
supporting documentation by requesting the same from the State.
5, The County and the State agree that any modifications to this Letter of Agreement shall be in
the same form, namely the exchange of signed copies of a revised Letter of Agreement.
D1
~ 1"'"
6. The County confirms that there are no pre-arranged agreements (contractual or otherwise)
between the respective counties, hospital districts, and/or the hospitals to re-direct any
portion of the Medicaid supplemental payments in order to satisfy non-Medicaid activities.
7, This Letter of Agreement covers the period of July 1, 2005 through June 30, 2006.
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above first written.
COLLIER COUNTY HUMAN SERVICES
BY:
ATIEST:
DWIGHT E. BROCK, Clerk
~~CMJb::
~ Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.>~./
Frank Halas, ChaIrman
Board of County Commissioners
By:
Date: May 9. 2006
STATE OF FLORIDA:
Approved as to form and
legal sufficiency
By:
Carlton D, Snipes
Assistant Deputy Secretary for Medicaid Finance
Agency for Health Care Administration
/~
May 9. 2006
Date
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16D2
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 rouling 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 infonnation needed. If the document is already complete with the
exception of the Chairman's sienature, draw a line throueh routine lines #1 throueh #4, complete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routine order)
1.
2. -
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary conmct infonnation is needed in the event one of the addressees above, inchxling Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Margo Castorena, DAS Director Phone Number 530-7387
Contact
Agenda Date Item was 5/9/06 Agenda Item Number 1602
Approved by the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require fOlwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 5/9/06 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
MC
N/A (Not
A licable)
2,
3.
4.
5.
6,
MC
MC
MC
MC
MC
I: Fonns/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1 .~... r5 ?
MEMORANDUM
Date:
May 10,2006
To:
Margo Castorena
Domestic Animal Services, Director
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Agreement with Collier County and Collier County Sheriff's
Office for Collier County Domestic Animal Services
Enclosed please one (1) copy of the document referenced above (Agenda
Item #16D2) as approved by the Board of County Commissioners on
Tuesday, May 9, 2006.
If you have any questions, please call me at 732-2646 ext. 7240.
Thank you.
Enclosures (1)
MEMORANDUM
Date:
May 10,2006
To:
Don Hunter, Sheriff
Sheriff's Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Agreement with Collier County and Collier Sheriff's Office
for Collier County Domestic Animal Services
Enclosed for your records, please find one copy of the document as referenced
above, (Agenda Item #16D2) approved by the Collier County Board of
County Commissioners on Tuesday, May 9, 2006.
If you should have any questions, please feel free to contact me at 732-2646
ext. 7240.
Thank you.
Enclosure
16D?
-,'" "'","/'
AGREEMENT BETWEEN COLLIER COUNTY AND THE
COLLIER COUNTY SHERIFF'S OFFICE TO DESIGNATE
COLLIER COUNTY DOMESTIC ANIMAL SERVICES IN
CHARGE OF MANAGING DISPOSITION OF IMPOUNDED
ANIMALS AND ANIMALS FOUND IN DISTRESS PURSUANT
TO CHAPTER 588 AND CHAPTER 828, FLORIDA STATUTES
AND S 14, ARTICLE II, CODE OF LAWS AND ORDINANCES OF
COLLIER COUNTY,
../ <'<.
This Agreement is entered into this I
'/ ~
day of 1'1 i {I /
2006, by and
between Collier County, a political subdivision of the State of Florida ("County"), and the
Collier County Sheriff's Office ("CCSO").
WHEREAS, the County finds that to better facilitate the orderly and timely auctioning of
impounded animals and animals found in distress and held in the custody of Collier County
Domestic Animal Services ("DAS") pursuant to Chapter 588 and Chapter 828, Florida Statutes,
Section 14, Article II, Code of Laws and Ordinances of Collier County, it is critical that DAS be
able to schedule and conduct auctions independent and free of the need to coordinate such
activities with the CCSO; and
WHEREAS, Chapter 125, Florida Statutes, authorizes the County to enter into
agreements with other governmental agencies within the county for the performance by one unit
on behalf of the other, of any of either agency's authorized functions;
WHEREAS, Chapter 588 and Chapter 828, Florida Statutes, authorizes county sheriffs
such as the CCSO to conduct animal auctions of impounded animals including livestock and
animals found in distress, and the CCSO is agreeable to designate DAS to perform these auction
functions on its behalf.
NOW, THEREFORE, for good and sufficient consideration, the receipt of which IS
hereby acknowledged, the parties hereto agree as follows:
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Agreement between CCSO and DAS
Page 2 of 3
160'
(,~.
1. Designation of DAS to Perform Duties. The CCSQ agrees to the designation of DAS
to perform all duties that Chapter 588 and Chapter 828, Florida Statutes authorizes the county
sheriff to perform including, but not limited to, the sale and disposition of livestock and animals
found in distress and the handling of proceeds from the sale of any such animals. The County
agrees to permit DAS to assume all of the auction duties referenced in Chapter 588 and Chapter
828, Florida Statutes.
2. Term. This Agreement shall commence upon its signing and is of indefinite duration
subject to termination by either party, with or without cause, on thirty (30) days written notice to
the other party. This Agreement is non-transferable and non-assignable in whole or in part
without the prior written consent of the parties. 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 matter set forth above, have been incorporated and merged into this Agreement, and are
otherwise of no further force or effect. This agreement supersedes prior auction-related
agreements of the parties including the Agreement entered on or about February 8, 2005.
3. Responsibilities. DAS accepts only those auction-related responsibilities or powers
as set forth in this Agreement and pursuant to Chapter 588 and Chapter 828, Florida Statutes.
The DAS does not assume any responsibilities or powers other than those set forth in this
Agreement.
4. Relationship. It is expressly understood and intended that although DAS will be
performing auction-related duties as the CCSQ's designee, at all times DAS will be acting on
behalf of the County and not as an agent of the CCSQ, This agreement is not intended to create
a partnership between the CCSO and DAS.
Agreement between CCSO and DAS
Page 3 of 3
H ".':,,"'
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IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST; .
DWIgI.'IT E, B~ .
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
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By: ~..>~
FRA~ALAS, CH I .-'
ATTEST:
By: Mord--J.~,,~
Print Name: 'lkbo"..t,.h ~. VJLr".j~d
C~ I:lifl~
,
Colleen M, Greene
Assistant County Attorney
COLLIER COUNTY DOMESTIC
ANIMAL SERVICES
\\J1,l Vl ~1/~iU\JJ'lA'G
Matgo c.~oren'a; Director
~.
Approved as to form and legal sufficiency:
Item # I &'D2.
~~~;da CS(q I~
16D3
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
10D4
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 i!C1tt the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed, If the document is already complete with the
exce tion of the Chainnan's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Initials Date
(list in routin order)
1. ~ r ll...:;o ~
2.
3.
PRIMARY CONTACT INFORMATION
(1be primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who createdlprepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial
6. Minutes and Records
Clerk of Court's Office
Ut))
NIp..
\.ltb
~-fb
,",it>
Phone Number
Agenda Item Number
Number of Original
Documents Attached
Hili
I: Forms! County Formsl Bec Formsl Original Documents Routing Slip WWS OriginaI9.03.04, Revised 1.26.05, Revised 2,24,05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and os sib I State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated ,contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The-document wasapproved-by the BCCon S .. (enter,date)cand -all.~banges
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4,
5.
6.
MEMORANDUM
Date: May 12, 2006
To: Mary Ellen Donner, Assistant Director
Parks & Recreation
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Agenda Item #16D4: Memorandum of Understanding
Enclosed please find two (2) original documents (Agenda Item #16D4) as
referenced above, which was approved by the Board of County
Commissioners on Tuesday, May 9, 2006.
Please forward to the appropriate parties for signatures and return a fully
executed orie:inal to the Minutes and Records Department.
If you have any questions, please call me at 732-2646 ext. 7240
Thank you.
Enclosures
1 l~ ,r,.:, ) ,,4
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.
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding dated this ~ day of ~' 2006, is made
and entered into by and between Collier County, Florida ("County") and The School District of
Collier County ("District").
WHEREAS, Florida enacted a law in 2005, known as the Jessica Lunsford Act. Florida
Statute 1012.32 and 1012.465, requires that certain County employees who are permitted access
on school grounds when students are present, or have direct contact with students, or have access
to or control school funds, be screened according to the Level 2 criteria in Section 435.04, Fla.
Stat., and
WHEREAS, Section 1012.32 provides, in-part, that "persons subject to this subsection
found through the fingerprint processing to have been convicted of a crime involving moral
turpitudeshal1 not be employed, engaged to provide services, or serve in any position requiring
contact with students", and
WHEREAS, the term "a crime involving moral turpitude" is not defined by statute, and
WHEREAS, the District has resolved through Resolution 05-01 that a definition of the
phrase "a crime involving moral turpitude" is necessary to permit enforcement of the laws of this
state by District personnel, and
WHEREAS, the following definition of "a crime involving moral turpitude" shall be
utilized by the District, in performing its law enforcement duties, and will require the County
through this Memorandum of Understanding to follow the procedure to perform its law
enforcement duties, to-wit:
"A crime of moral turpitude is a crime that is evidenced by an act of baseness,
vileness, or depravity in the private and social duties, which, according to the
accepted standards of the time a man owes to his or her fellow man or to society in
"'~
general, and the doing of the act itself and not its prohibition by statute fixes the
moral turpitude."
WHEREAS, the District finds that the foregoing definition is based upon an existing rule
found in the Florida Administrative Code, and, further, that it comports with community
standards in Collier County, Florida, and that it is the collective judgment of the District that the
definition is appropriate for use by the District and the County.
WHEREAS, the District at this time is requiring that contractors, vendors and others,
whose employees or agents are on school grounds, be fingerprinted by the District utilizing the
District's digital live scan print equipment; and
WHEREAS, the County expects that certain County employees will be on school
grounds while fulfilling their job responsibilities to the County; and
WHEREAS, the County has the capability and equipment to fingerprint and screen
employees of the County under Level 2 criteria in Section 435.04, Fla. Stat,
NOW THEREFORE, in consideration of these mutual covenants and provisions, the
County and District hereby agree as follows:
1. The above recitals are true and correct and are incorporated into this
Memorandum of Understanding for all purposes.
2. The County will perform security screening meeting Level 2 criteria in Section
435.04, Fla. Stat., including fingerprinting (on digital live scan print equipment), statewide
criminal and juvenile justice records checks through the Florida Department of Law
Enforcement, and federal criminal records checks from the Federal Bureau of Investigation.
Screening will also include local criminal records checks through local law enforcement
agencies. The County will notify the District of any subsequent arrests.
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3. The County will assure the District that only those County employees who have
been screened to Level 2 and have passed the screening process will be assigned to work on
school grounds.
4. Subject to the limitations of Section 768.28, Fla. Stat., the County shall
indemnity, defend and hold harmless the District, its Board members and employees from and
against any liabilities whatsoever, occasioned wholly by the negligence of the County, its
officers or employees with respect to any activity associated with the work or service under this
agreement.
5. The District will accept the employee Level 2 screening done by the County as
sufficient to meet the requirements of the Jessica Lunsford Act and will not require County
employees to be screened by the District.
6. To the extent possible under existing law, the County agrees that it will make its
screening data relative to its employees working on school grounds available to the District upon
request.
ATTEST:
DWIGHT E. BROCK, Clerk
.~
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
.~-;;;J~-
By:
j. c. '.-:f ;,';~, fl.
" .. j;~p~p~ty Clerk
FRANK HALAS, Chairman
Approved as to form and
legal suffi' y:
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ATTEST:
RAYMONDJ.B~
Approved as to form and
l~illlC
Richard W. Withers
School Board Attorney
16D5
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16D6
ITEM NO.:
DATE RECEIVED:
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REQUEST FOR LEGAL SERVICES
Date:
June 22, 2006
To:
Robert Zachary
Assistant County Attorney
Scott Johnson A J. /77Z;/ /
Purchasing Agent
239/774-8995
From:
Re:
Contract: Burial Services Contract
Contractor: Naples Funeral Horne
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 9,2006
Agenda Item: 16.D.6
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
c C--- /2/\fC--
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DATE:
Memorandum
? p'P
o l/'P~
Sheree Mediavilla, Senior Analyst
Risk Management Department
DATE RECEIVED
Il'N ., 3 '/006
I j L .~
June 22, 2006
TO:
FROM:
ScottJohnson .<5J' /7/'2/A/
Purchasing Agent
PI ::iK HANAGEMENT
RE:
Review of Insurance for: Burial Services Contract
Naples Funeral Horne
This Contract was approved by the BCC on May 9, 2006, Agenda # 16.D.6
Please review the Insurance Certificate in this Agreement for the referenced Contract. If
everything is acceptable, please forward to the County Attorney for further review and
approval. I would appreciate it if you would advise me when it has been forwarded.
If you have any questions, please contact me at 774-8995
cc: Candice Franco, Human Services/Social Services
MEMORANDUM
Date:
June 27, 2006
To:
Scott Johnson
Purchasing department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Contract Burial Services
Contractor: Naples Funeral Home
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16D6), approved by the Board of County Commissioners
on Tuesday, May 9, 2006.
We have retained an original in the Minutes and Records Department and
an original has also been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures (3)
16D6
16D6
~ COLLIER COUNTY GOVERNMENT
Administrative Services Division
Purchasing Department
Purchasing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/774-8995
FAX: 239/732-0844
emai1: ScottTohnson@colliergov.net
May 9, 2006
Naples Funeral Home
Michael D. Hall
3107 Davis Blvd
Naples, FL 34104
Re: Burial Services Contract
Dear Mr. Hall,
As per a mutual agreement between Collier County, hereinafter called the
"County" and Naples Funeral Home., hereinafter called the " Contractor" , this
Letter of Understanding shall be made a component of the attached Purchase
Order for the services described as follows:
Statement of Work:
The Contractor shall provide funeral home services for the indigent as well as
other services as may be requested in writing by the County as per the following
procedures:
1. Burial of indigent adults and children shall require a minimum
of a manufactured pressed board cloth covered casket and a
concrete liner.
2. At the discretion of the Funeral Director, burial of indigent
decomposed bodies may require a metal sealed unit similar to
the brand name Ziegler, without a casket; a concrete liner shall
be required for interment.
. -'-"'-'--r---
1;:1"
'~.... 1"'1
j J....~J... Ii
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3. Burial of indigent still-born and other infants (0-2 years) shall
require a casket vault, dome sealed, fiber plastic, weather-
proofed casket. A concrete liner shall not be required for
interment.
4. The funeral director shall provide embalming or cremation,
clothing, transportation, grave markers, and will secure all
necessary legal documents.
5. The Veteran's Service Office will be responsible for ordering a
grave marker for indigent veterans. Markers will be shipped to
the Transportation Department whose staff will be responsible
for installation at the proper grave site within 15 days of receipt.
6 The funeral home providing service for indigent deceased shall
advise the Human Services Department of the desired date and
time for burial. The Human Services Department shall request
from the Real Property Department provision of burial space and
opening and closing of the grave. The Real Property department
requires forty-eight (48) hours notice for the provision of
services. The Real Property Department shall confirm burial
arrangements with the funeral home.
7. After the service is provided by the funeral home, an itemized
statement requesting payment shall be sent to the Human
Services / Social Services program case manager. The social
services program will prepare a purchase order for payment to
the funeral home according to the agreed upon fee schedule (see
attached). The Human Services Director or designee will
authorize payment and the purchase order will be sent to the
finance department for payment.
After disposition of the indigent deceased has been accomplished, an
itemized statement requesting payment shall be presented to the Human
Services Department by the Contractor providing the service. The fee
schedule shall be as per Attachment "A" unless otherwise mutually
agreed-upon in writing by the Human Services Department Director or
their designee, and the Contractor. Upon review and approval of the
invoice by the Human Services Department Director or their designee, the
bill will be sent to the Clerk of Courts Finance Department. Payment will
be made upon receipt of a proper invoice and in compliance with Section
218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
2
.TI /,,' '"
I' ,
''''-'
Additional services as required shall be mutually agreed upon in writing
by the Human Services Department Director or their designee, and
Contractor.
Term: The contract shall be for a two (2) year period, commencing on date
of award by the Board of County Commissioners, and terminating two
years from that date in 2008. The County reserves the right to renew said
contract with consent of the Contractor for an additional two (2) year
contract period under the same terms and conditions.
No Partnership: Nothing herein contained shall create or be construed as
creating a partnership between the County and the Contractor or to
constitute the Contractor as an agent of the County.
Permits, Licenses, Taxes: In compliance with Section 218.80, Fla. Stats, all
permits necessary for the prosecution of the Work shall be obtained by the
Contractor. Payment for all such permits issued by the County shall be
processed internally by the County. All non-County permits necessary for
the prosecution of the Work shall be procured and paid for by the
Contractor. The Contractor shall also be solely responsible for payment of
any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of
Florida, or the U. S. Government now in force or hereafter adopted. The
Contractor agrees to comply with all laws governing the responsibility of
an employer with respect to persons employed by the Contractor.
Termination: Should the contractor be found to have failed to perform his
services in a manner satisfactory to the County as per the specifications
and requirements of this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The
County shall be sole judge of non-performance.
No Discrimination: The Contractor agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
3
1606
Insurance: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and
Operations; Independent contractors; Products and Completed Operations
and Contractual Liability. (Occurrence Form) patterned after the current
1.5.0. form with no limiting endorsements.
B. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
C. Professional Liability: Coverage shall have minimum limits of
$500,000.
D. Automobile Liability: Coverage shall have mlmmum limits of
$300,000.
Special Requirements: Collier County shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified
shall be maintained by Contractor during the duration of this Agreement.
Renewal certificates shall be sent to the County 30 days prior to any
expiration date. There shall be a 30 day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage.
The same Contractor shall provide County with certificates of insurance
meeting the required insurance provisions.
INDEMNIFICATION: To the maximum extent permitted by Florida law,
the Contractor /V endor / Consultant shall indemnify and hold harmless
Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
4
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
ATTEST:
COMM~SSlQNERS OF
, /: ~.:~",,::\ l,;,:''';
, , .
..~.Br~'Cl~BY
- IS "
. ,i gnat..... on 1 "
TWO WITNESSES:
:;;~
FIRST WITNESS
...0":.; (J /41-1" ',~ ;;
Type/Print Name
4LLx..,l~ IYlJ. t lit
SECOND WITNESS
b)L{!l) till;];)} (
Type/Print Name
Date:
f/;r~
Approved As To Form
and Legal iciency:
~
CONTRACTOR:
Naples Funeral Home
By: ~J;):J:J fuM
m~Av,& to. (40. t\ 7{es;de~
Type/Print Name and Title
Affix the" (Corporate Seal}" OR
type/ print" (Corporate Seal)"
OWNER:
BOARD OF COUNTY
COLLIER COUNTY FLORIDA
~~~
Frank Halas, Chairman
5
EXHIBIT A
Collier County Human Services Department
Indigent Burial/Cremation
Effective May 9, 2006, upon approval by the Board of County Commissioners,
the fee schedule for indigent burials/cremation is as follows:
ADULT BURIAL
$1600.00
ADULT CREMATION
$ 450.00
INFANT BURIAL
$ 795.00
INFANT CREMATION
$ 75.00
INDIGENT VETERAN IN RECEIPT
OF $150.00 VA PLOT ALLOWANCE
$1600.00
INDIGENT VETERAN IN RECEIPT
OF $300.00 BASIC BURIAL
ALLOWANCE
$1000.00
VETERAN SERVICE CONNECTED
BURIAL ALLOWANCE $1500.
Arrange burial plot
16D6
6
From: Christen Biviano At: lII.11itmore Group FaxlD: 5167467575 To: Michael
Date: 04106106 02:56 PM
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P~~e: O;of.2.'~,
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ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR LB I DATE (MMlDDIYYYY)
BERGE-1 02/15/06
PRDDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Whitmore Group, Ltd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
370 Old Country Road Ste.200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Garden city NY 11530
Phone: 516-746-4141 Fax:516-746-7875 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A
Ha:r~eysvil1. Insura.nce ot ItJ
INSURER B 'deltport Insuxanc. COxpoxiltion
Berien Funeral Service INSURER C 307
ELL N st. PilUl Fire and Marine Ins
232 Kipp Ave INSURER D R . J. Worker T. camp. Ins.P lan
Hasbrouck Heights NJ 07604
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
'''''' ~~D POLICY NUMBER I ~D'i~~(MM/DDNY)c LIMITS
LTR TYPE OF INSURANCE DATE (MMlDDIYY)
GENERAL L1ABILI'TY EACH OCCURRENCE $1,000,000
f-- 11/13/05 11/13/06 u7'JWIGcTUREl'lTEu
B X COMMERCIAL GENERAL LIABILITY WIB104003305601 PREMISES (Ea occurencel $ Included
I- =:J CLAIMS MADE o OCCUR
I-- MED EXP (Anyone person) $10,000
PERSONAL & ADV INJURY $1,000,000
l-
X MOrticians Liab GENERAL AGGREGATE $2,000,000
f--
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGG $1,000,000
Ii POLICY n j~& n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1,000,000
A X ANY AUTO BA 5J9064 11/13/05 11/13/06 (Ea accident)
-
ALL OWNED AlJTOS BODIL Y INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODIL Y INJURY
$
X NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident}
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
=i ANY AUTO OTHER THAN EA ACC $
AUTO ONL Y AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000
C :=J OCCUR D CLAIMS MADE QK06500322003519 11/13/05 11/13/06 AGGREGATE $5,000,000
$
~ DEDUCTIBLE $
X RETENTION $10,000 $
WORKERS COMPENSATION AND I Tt'R\ t:~I'.f!s I IVER-
0 EMPLOYERS' LIABILITY WC733S317059025 10/13/05 09/29/06 $ 1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ 1000000
It yes, deSCribe under --
SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ 1000000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate holder is included as additional insured as respects work
perfo~ed by or on behalf of named insured.
CERTIFICATE HOLDER
CANCELLATION
COLLIE4
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10
DAYS WRITTEN
Collier County Government
3301 Tamiami Trail East
Naples FL 34112
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08)
@ACORDCORPORATION1988
ORIGINAL DOCUMENTS CHECKLIST & ROUTING slh D 6
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 hc hand delivercd to thc Board Onicc. Thc completcd routing slip and original
documents are to be forwarded to the Board Oflicc only after the Bmll'll has takcn 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 throul1.h routim! lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routimt order)
1.
2,
3. rt Nf\(D
4. Colleen M. Greene Assistant County AttorneU \' v CMG 07/12/06
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 Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Scott Johnson, Purchasing Agent Phone Number 774-
Staff Contact 8995
Agenda Date Item May 9, 2006 Agenda Item 16.D.6
was Approved by Number
theBCC
Type of Document Contract: Burial Services Contract Number of Original One (1)
Attached Contractor: Muller-Thompson Funeral Home Documents Attached
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 BCe
Chairman and Clerk to the Board and possiblv 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 Mav. 9. 2006 (enter date) and all changes CMG
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, 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
FILE NO.:
r~;('-"-" ('!f"" I' I Y.-
'or-. , I've ".Ir ,"IE
1."uUi\!TY !\TTu''''''F)''Jr-v'
I I! !j'-tJ
DATE ~EIVED:
i.." I I ~. 0
'v" I t.J 5:00
D{, - tf<t- tJO '19 g
ITEM NO.:
ROUTED TO:
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
To:
June 8, 2006
Robert 74ary C fl1 &-
Assist~C~unty Attorney
From:
Scott Johnson
Purchasing Agent
239/774-8995
'\ Vli\~
G~ (}6V
~t;.
~
Date:
Re: Contract: Burial Services Contract
Contractor: Muller- Thompson Funeral Home
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 9,2006
Agenda Item: 16.D.6
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
Cfrl..- irG. e1<.pi(fG 1\2-c;JOI?>
1606
MEMORANDUM
Date:
July 19,2006
To:
Scott Johnson
Purchasing Department
From:
Nancy E. Cabrera, Deputy Clerk
Minutes & Records Department
Re:
Contract Burial Services
Contractor: Muller-Thompson Funeral Home
Enclosed is a copy of the above referenced document (Agenda Item
#16D6), approved by the Board of County Commissioners on Tuesday,
May 9, 2006.
We have retained an original in the Minutes and Records Department and
a copy has also been sent to the Finance Department.
If you should have any questions, please contact me at 732-2646 x 7240.
Thank you.
Enclosures (1)
1606
~ COLLIER COUNTY GOVERNMENT
Administrative SeIVices Division Purchasing Building
Purchasing Department 3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/774-8995
FAX: 239/732-0844
email: ScottTohnson@Colliergov.net
April 11, 2006
Muller-Thompson Funeral Home
T odd Muller
2011 Pine Ridge Road
Naples, FL 34109
Re: Burial Services Contract
Dear Mr. Muller,
As per a mutual agreement between Collier County, hereinafter called the
"County" and Muller-Thompson Funeral Home., hereinafter called the
"Contractor", this Letter of Understanding shall be made a component of the
attached Purchase Order for the services described as follows:
Statement of Work:
The Contractor shall provide funeral home services for the indigent as well as
other services as may be requested in writing by the County as per the following
procedures:
1. Burial of indigent adults and children shall require a minimum
of a manufactured pressed board cloth covered casket and a
concrete liner.
2. At the discretion of the Funeral Director, burial of indigent
decomposed bodies may require a metal sealed unit similar to
the brand name Ziegler, without a casket; a concrete liner shall
be required for interment.
1
..... ~.__..-...,. --.,.. -."---.-.,,..--.-..-.-.--.,.,
1606
~
3. Burial of indigent still-born and other infants (0-2 years) shall
require a casket vault, dome sealed, fiber plastic, weather-
proofed casket. A concrete liner shall not be required for
interment.
4. The funeral director shall provide embalming or cremation,
clothing, transportation, grave markers, and will secure all
necessary legal documents.
5. The Veteran's Service Office will be responsible for ordering a
grave marker for indigent veterans. Markers will be shipped to
the Transportation Department whose staff will be responsible
for installation at the proper grave site within 15 days of receipt.
6 The funeral home providing service for indigent deceased shall
advise the Human Services Department of the desired date and
time for burial. The Human Services Department shall request
from the Real Property Department provision of burial space and
opening and closing of the grave. The Real Property department
requires forty-eight (48) hours notice for the provision of
services. The Real Property Department shall confirm burial
arrangements with the funeral home.
7. After the service is provided by the funeral home, an itemized
statement requesting payment shall be sent to the Human
Services/Social Services program case manager. The social
services program will prepare a purchase order for payment to
the funeral home according to the agreed upon fee schedule (see
attached). The Human Services Director or designee will
authorize payment and the purchase order will be sent to the
finance department for payment.
After disposition of the indigent deceased has been accomplished, an
itemized statement requesting payment shall be presented to the Human
Services Department by the Contractor providing the service. The fee
schedule shall be as per Attachment" A" unless otherwise mutually
agreed-upon in writing by the Human Services Department Director or
their designee, and the Contractor. Upon review and approval of the
invoice by the Human Services Department Director or their designee, the
bill will be sent to the Clerk of Courts Finance Department. Payment will
be made upon receipt of a proper invoice and in compliance with Section
218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
2
1606
Additional services as required shall be mutually agreed upon in writing
by the Human Services Department Director or their designee, and
Contractor.
Term: The contract shall be for a two (2) year period, commencing on date
of award by the Board of County Commissioners, and terminating two
years from that date in 2008. The County reserves the right to renew said
contract with consent of the Contractor for an additional two (2) year
contract period under the same terms and conditions.
No Partnership: Nothing herein contained shall create or be construed as
creating a partnership between the County and the Contractor or to
constitute the Contractor as an agent of the County.
Permits. Licenses. Taxes: In compliance with Section 218.80, Fla. Stats, all
permits necessary for the prosecution of the Work shall be obtained by the
Contractor. Payment for all such permits issued by the County shall be
processed internally by the County. All non-County permits necessary for
the prosecution of the Work shall be procured and paid for by the
Contractor. The Contractor shall also be solely responsible for payment of
any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of
Florida, or the U. S. Government now in force or hereafter adopted. The
Contractor agrees to comply with all laws governing the responsibility of
an employer with respect to persons employed by the Contractor.
Termination: Should the contractor be found to have failed to perform his
services in a manner satisfactory to the County as per the specifications
and requirements of this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The
County shall be sole judge of non-performance.
No Discrimination: The Contractor agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
3
16D6
Insurance: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and
Operations; Independent contractors; Products and Completed Operations
and Contractual Liability. (Occurrence Form) patterned after the current
1.5.0. form with no limiting endorsements.
B. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws,
C. Professional Liability: Coverage shall have minimum limits of
$500,000.
D. Automobile Liability: Coverage shall have minimum limits of
$300,000.
Special Requirements: Collier County shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified
shall be maintained by Contractor during the duration of this Agreement.
Renewal certificates shall be sent to the County 30 days prior to any
expiration date. There shall be a 30 day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage.
The same Contractor shall provide County with certificates of insurance
meeting the required insurance provisions.
INDEMNIFICATION: To the maximum extent permitted by Florida law,
the Contractor/Vendor/Consultant shall indemnify and hold harmless
Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
4
1606
IN WTINESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
~ ..'cv'-\<}~t\a~
.....,
FIRST WTINESS
~ ~. ~,,"e.a.c\\~\ ~.
Type/Print Name
Date: h- I Cf, Po OIOe.,
ATTEST:
COMMISSIONERS OF
".
<>.', . E' '"I. t "',
D~nt E;-.fl~~'.(:Ierk
~J:Wtl= ~(
", ' c \" .-
Vf .... ,'" .-
Ap~r~t~t~'TO Form
and Legal Sufficiency:
LflQQQPAm~
Robert ZacharY
Assistant County Attorney
CONTRACTOR:
Muller-Thompson Funeral Home
BY:~//~~
-7 <J ~ttI /1 ;7) tl / it /)ef
Type/Print Name and Title
Affix the" (Corporate Seal}" OR
type / print" (Corporate Seal)"
OWNER:
BOARD OF COUNTY
BY:
COLLIER COUNTY FLORIDA
~~-/
Frank Halas, Chairman
5
0410&/2035 13:5~
73:2E>38
SOCIAL:;ER'JICE
PA(,,::" a2/02
1606
EXHIBIT A
Collier County Human Services Department
Indigent Burial/Cremation
Effective March, 2006, upon approval by the Board of County Commissioners,
the fee schedule for indigent burials/cremation is as follows:
PlJY1Dent to '.ne...1 Homes
For Semca Rendered
ADT.."L T BUlUAL
51600.00
ADULT CREMAT10N
S 450.00
JJ
INFANT BURIAL
S 795.00
INF ANT CREMA T10N
VEttBAN IN RECEIPT OF COMPENSATION
OR PENSION - V A burial allowance is 5300. for
Buria' Serviees aDd S3OO. ror Plot Charge:
$ 75.00
51000.00
VETERAN DOtS OF SERVlCE CONNECTED
CONDITION - VA buriaJ allowna is 52000. for
BuriaJ Sen'i.:a aad $300. for Plot CUl'le
Arrange b1lrial plot
6
PRODUCER
Ap~ 12 ot 08:428 00000000000 000000000000 p.2
A CORD" 'C' ..,~~~.~f~:;;~"~~~~~I' ~,~~~~~~':1J~"-\"--::-"---o;'04TE7.~M.oo/2' '006" iri)='.
. .... J;;n:nr~~'IJ.i"Aii'r-'Jii.jI',"DI_'''~~'",~" ",. ..4
Serial # 100730 THIS CERTJf1CATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND COl*ERS NO RIGHTS UPON Tl1E CERnFICATE
HOI.CER. THIS CERTIFICATE DOES NOT AMENO. EXTEND OR
ALTER l1iE COVERAGE AFFORDED BY TH[; PO/..ICJES BEtOW.
COMPANI!S AfIprORDING COveRAGE
,...--------..-.. - . ".,.-- --.....--------------.-----.. -- ----.---..----.---
. c~~ r-I;DERATED MUTUAL INSURANCE COMPANY
DAVE WISSEL
FEDERAT1!D IN;'iURANC!
8981 DANIEL.S CENTER DRIVE, ~
FORT MYERS. FI.. 33812
i COMPANY
C
16D6
....
INSURED
MULLER THOMPSON FUNERAL CHAPELINC
20" PIN.~ RIDGE ROAD
NAPlES, FL34109
: \:()WIIHY
I!S
--.------------------------..---.--. .--------- ------ .--
, COMPIIHY
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THIS IS TO CERTlI Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSuRED AA~EO ABOVE FOR THE POLICY PERIOD
INDICATED NOlV> THS1ANOING Ap.('( REauIREMEN'I. lERM OR CQNOlnON OF ANY CONTRAC T OR 01l'iER D:JCUMeNT WnH RESPECT TO WHICH THIS
ceRTIFICATE MAY 3E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED El Y THE POLICIES DESCRIBED HEREIN IS SU8JECT TO ALL THE TeRMS.
EXCLUSIONS AND '.ONDITIONS OF SUCl-i POLICieS. liMITS SHO'NN w,Y HAIlE BEEN RElXICED <3V PAl:) CLAI~S
00--- -------;------.....---- '--T~ EI'f'~T~-;~---..-..-- ---- ------ .------
LTJIl I TYPE Of' 'NSUt'AJlICE POLlev NUMBER . DATE (IIlMIDOII'Yl I DATE (MlIWOo"fYl L11l111 rs
'I .
I GENERAL UABlllTY ' I
! X' COMMERCI.oJ. 3E~ER " "IAB'\.rTY I
.. ~.~-.J :WIlIIS MADE .~ OCCUR 9924265 071'.2.512005
A I 0Wi~~'~ I COtlTAAC "0," ~OT
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: (jt.f'ol;:XOo. A:.;(;XIOGAft
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: Pi~SONAL" Ar:Jv ,NJI,JRY . S 1,000,000
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, AUTOMOBLE UABlun
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t= ALL.OWNt:OAUTOS
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~_ !ilREJ) AUTOS
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! EXa:SS UA8IUTY
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~t:A~>1~C~NCE
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it:- 0I5E,.s;;-:;:E-';;:;~ef $- ,------ U,_,_
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CERTlf 'CATE HOLDER IS LISTED AS ADDITIONAL INSURED REGARDING TIiE GENERAl. LIABILITY
~._,~ -.-
lItIOULD MY 0' r~ III10W OISClUlll!O POUCRIl &II! CAltCEl.l.eO 1I~~r THE
EXPlRATIOOI PATE TWEIlEOF. TWF 'SlIl$ING CO".ANV Wll.L ENDl!A1IOR TO ........
~ t\ollYll WRITT'I!H IlOTlCC TO. TIlE Cl!R17ICATE HOI.DEIl 'lAMED TO TIll. L.U1".
aUT Fl\ILUIlIE TO IIAL SUCH NOT1Cl! SMALL _POSE IfO OIlUGA T100I ~ WASILlTY
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COl,.LIER COUNTY GOVERNMENT
3301 TAMIM'1 TRAIL EAST
NAPLES. Fl. 34112
ATTN ADM. SERVICES OIV./PURCHASING DEPT.
~1iif:;
\
FROM :Muller-Thompson Funeral Chapel FAX NO. :239-514-1643
Jun. 19 2006 01:50PM P2
JUI'\ 13 06 05:51p
00000000000
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BUSlNESSOWNERS POlley DECLARATIONS
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! Desetibed_ Flr~lie\i;
s- Sup~nlal c...c18ratio~s
p~RTV
Cowrage
....tmil$ of Li8bllitY
s_ SlIP~!r:,",nI21 ~..da(alio:'ls
: Buildings:
: Business p_"al Pf'oporty:
I
sc\! Sup;>lel1'lent;a1 O4;clar :ation~
DcrduWble~ ~X
:5 \nil !!lmll w9 will deC\;ct from any j)ro~ertv f1ncL'~ ir.!:!nd:
marirle I(~s O. ~rnagc 10'1 t:ny on-a o.::cUrT9nC~ I h:G p!Ov~icm:
,~rlt!S reI ar.~!y \e lOSS c-"..u!'e.1 ~ or rp.!'llllling (:olll ,"..Hltr<:;ua~i: '
or ~~~..~.~~~:..~_~ventd.l?.l! ,.,is PO"c~L___
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~
. Dam;lllc To Premises Ren~d to 'tou: !.'50.00C ...~'p.~~ lI;t~":\N:l>e ;:;;)C(;if;ed !:, the S'.Jpple:'l'lant::.! Ofll':l:I~a!ior\s
i>>,.~~.r~..~~ilily Dcduct~.:.. ~~~)... ____ .-..-----.. ---. - ...
. ._._--_.~..__.... . -..- ---_. -.-:
Forms and Enclor,.rnents "U8Ched ~ ;~~": Sa9 Sc:te<!\JltI al1ar:hE:d.
AN'1Ia1 Pfemh.lra:
~1.2fi9
C=RTif~O ACTS OF TE ~HO~ISM PR;:.IIAIUM'
SlO
TH!S O=.Cl.AHATIC:lfS PAGE. WIlHlHl:. i->Ol.lCY PHOVISIO~ PART i. suP!",-EMENT,AL OEC!,.ARA1l0NS.
CCVF:::!A("".,F fCRv.5 ANO E!I.!:>O~SEM=~ ~SUr:r, TO rOitv. A f>AH" ~!-IeQEOF. CO"~Ol.E~E T"4IS POliCY
sP-t'-. 00 (OH)3)
Pu!i.:y N;.;rr.be~: 9;U.;23;:'
:'"3~;;;K' fin l::;IQCt,ve D~Ie: G4.0~20f)t;
FRCJ1 :Muller-Thompson Funeral Chapel FAX I'D. :239-514-1643
Jun 1J DG 05:52p 00000000000
Jun. 19 2006 01:49PM Pl
000000000000 p.2
SCHEDULE OF FORMS AND ENDORSEIENTS
Tit".a _ F_ or e~~nt
Aeditio~1 Named lnsl;reds Er.ccrsemont
Ter?':)ri!:f1'l Risk 1l'\~7a~c: AGI Pol:cy~r
Disc:losure Notice
L.ocation Schedule
Sl,:pp.~n!al CoelOmt'OM Bvlline$~O'Nnf! ':l
Policy
Aocitiona: ';')SlIred - MaMg9l'S or L~ or
Premises
8usi'leSsowM~ Special P~;lOr1'1 CoYe~ ;;orn
Bl.I$i~$5OVmer$ 'iatl:l:ty COVf!rage F:lf 1.
c.~p on to~!;~ !=rurn ~~;f'ed Aors Of
Terrorism
E_(~u,w, . YP.;l1 ?tlt'J cr:'Tlf\ln.er-R2I~ A~.':':
Ot~ Eioao~c ProOlems
Wa~ Li8b;fity E)cCiAlOn
FJl'g~ Of Bac:..ler:a E_.r;I",s'WI
Comprehe~'ve B~iM~:l U",,~Iit) ExC~SI::n
8u;i~I"'@'S Common PoI.cy Condi:ions
F,m~~,,1 SHr,,'r.I"" ("~Irl Pr'JP"fI:" Exttr.'ll;ior.
Enclorsemtlnl
FU"efal S:irVI~; Gold L,'l>I:ty E:Il't9nsJm:
End or!lf!mf!r ,I
~EQU~ Held for Se:e
C. . 's.. Pli:IfI_r ... C......,
El'lCIorsernent
e"poy~~t-R6lIaIed PrAdas Excl....soo
Ex::h,l8ion . AsbeStos Cr LeAd
F iOI'ifJ? Ch~
FOIM EdilioP.
B~-F-1" (:)1-e6j
IL..F.38 ,01-03)
IL-F-26 (07-9::;)
BP-F-1S (1C-!l6)
16D6
';1
BP-F-230 (O/~~Z:
BP-!=- 10' (Ol-C3 i
BP-F:-l01 (r;t~~:
ep..~277 (1 1-C2~
~P-F-225 (07-.':2)
BP-F-229 (OHJ3)
BP-F-221 {Ola03)
BP-r-222 ~t)7-02)
SP-F-1C'S (01-~~
SP-F-152 (09-03)
E!P-F-l!ll (O;J...:)3)
6P r-HlC01-o:l)
iiP-F- ~~
BP.rm :07..0::')
Il-F-2.' IC,8-9'l)
Rp-F-~ {FL) ((J1-a2.,
w~..!:>(1 (1.:1o-7")
Pollet N<.!TIf'Jef: 99l4'tI~
l~ar.sa::11OI1 tone,J."e Ualp.. :l4.00-2:JOE\
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"-"
''-''
FUNERAL SERVICES PROFESSIONAL LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
..J ~Dd2
ii
'"
BUSINESSOWNERS POLICY
A. The following is added to the Businesso~rs
liability Coverage Form:
1. The following is added to Paragraph A.
Coverages:
4. Coverage EDMIlSion - F.....-aI SeMces
prorenional U8bIIiIY
a. Insuring Agreement
(1) We will pay those sums that the
insured becomes legally
obligated to pay as damages
because of "professional
liability" to which this insurance
applies. We will have the ri9ht
and duty to defend the insured
against any "suit.. seeking those
damages. However. we will have
no duty to defend the insured
against any "suit" seeking
damages for "professional
liability" to which this insurance
does not apply_ We may, at cor
discretion, investigate any
"professional incident'" and settle
any claim or "suit" that may
result. But:
(a) The amoont we will pay for
da."ages is limited as
described in Pa,.agraph d.
Limits of Insur-ance; and
(b) Our right and duty to defend
end when we have used up
the applicable limit of
insurance in the payment of
judgments OJ" settlements.
No other obligation or liability to
pay sums or perform acts or
services is covered unl..s
explicitly provided for" under
Supplementary Payments.
(2) This insurance applies to:
"professional liability'" only if the
"professional liability.. is caused
by a "professional incident" that
lakes place in the "coverage
territory" during the policy
period.
(3) This policy does net apply to,
and the Company shafl have no
Page 1 of 4
Includes copyrighted material of Insurance Services Office.lnc:. with its permiuion.
~_ Policy Number. 9924285 Transaction Effective Date: 07-25-2004
"
duty to
seeking damages for
"professional liability" that
occurred before the policy
period, regardleu of whether
that "professional incident" is
also deemed to have occurred
during the policy period of this
policy.
(4) Paragraph A.1.f. Coverage
Eldension Supplementary
Payments also applies to
ProfessiOnal Liability Coverage.
b. Eaclusions
This insurance does not apply to:
(1) "'Property damage" or "personal
and advertising injury". However,
this exclusion does not. apply to:
(a) "Property damage",
including the cost of labor.
material or services
furnished or arranged by you
to deceased human bodies
or cremated remains thereof,
the clothing or personal
effects. or any cuke\, urn.
vault or like container.
whether or not arising out of
the use of vehicles, while in
your care, custody or control
in your professional capaCity
as a '1uneral functionary"
and not for the purpose of
advertising, display or sale;
or
t-) "Property damage" to
property of others which is in
the car-e, custody or control
of the insured on the
cemetery premises for the
purpose of cremation or
burial; or
'-.,..r'
FUNERAL SERVICES PROfESSIONAL UABILlTY COVfRAGf
"-'" This enoorsement modifies insurance provided under the following:
6USlNESSOWNERS POLICY
160b
',,----,:
""--.../
duty to defend, any claim
seeking damages for
"professional liability" that
occurred before the policy
period. reganHess d whether
that "professional incident" is
also deemed to have occurred
during the polley period of this
policy.
(4) Paragraph A.U. Coverage
Extension Supplementary
Payments aJ50 applies to
Professional Liability Coverage.
b. Exclusions
This insurance does not apply to:
(1) "'Property damage" or "personal
and adlrertising injury". However,
this exclusion does not apply to:
(Ill "Property damage",
including the cost of labor,
material or services
furniShed or arranged by you
to deceased human bodies
or cremated remains thereof,
the clothing or personal
effects. or any casket, urn,
vault or like container,
whether or not arising out of
the use of vehicles, while in
your cafe, custody or control
in your professional capacity
as a "funeral functionary"
and not for the purpose of
advertising, display or sale;
or
....
A. The following is added to the Businessownef"S
Liability Coverage Fonn:
1. The following is added to Paragraph A.
Coverages:
4. Coverage ExtDnsion - F....... Set'VIcM
p,.:*sston8I UablIty
a. InsIM'Ing Agre8Inent
(1) We will pay those sums that the
insu,.ed becomes legally
obligated to ~y as damages
because of "profenional
liability"" to which this insurance
applies. We will have the right
and duty to defend the insured
against any "suit- seeking those
damages. However. we will have
no duty to defend the insured
against any "suit" seeking
damages for "professional
liability" to which this insurance
does not apply. We may. at our
discretion, investigate any
"professional incident" and settle
any claim or "suit" that may
r.sult. But:
(a) The amount we will pay for
dam ages is limited as
described in Paragraph d.
Limits of Insurance; and
OJ) Our right and duty to defend
end when we have used up
the applicable limit of
insurance in the payment of
judgments or settlements.
No other obligation or liability to
pay sums or perform acts or
services is covered unless
explicitly provided for under
Supplementary Payments_
(2) This insurance applies to:
"professional liability- only if the
"professional liability" is caused
by a "professional incident.. that
takes place in the "coverage
territory'" dUring the policy
period.
(3) This poJicy does not apply to.
and the Company shall have no
Page 1 of 4
Includes copyrighted material 01 Insurance Service$ 0tIice. Inc. with its permi..ion.
BP-F-158 (09-03) Policy Number: 992<1285 Transaction EffectIVe Date: 07-25-2004
(b) "Property damage" to
property of others Which is In
the care, custody or control
of the insured on the
cemetery premises for the
purpose of cremation or
burial; or
"
FRCI1 :Muller-TklmPson Funeral Chapel
FAX NO. :239-514-1643
Jul. 11 2006 02:59PM P4
Original
Page 3 of 4
1606
.,
e. Duties in the EwnI of an Ad, Error or
Omission. << Cllim or Suit
For purposes of the coverage
provided under this Coverage
Extension, Paragraph E.2. Duties in
the Event of Occurrence. Oftense.
Claim or Suit Liability General
Conditions is deleted and replaced
by the following:
(1) You must see to it that we are
notified as soon as practicable of
a "professional incident- which
may result in a claim. To the
.xtent possible. notice shoUld
include:
(a) How. when and where the
"professional incident- took
place;
(b) The names and addresses c:A
any injured persons and
witnesses; and
(e) The nature and location of
any injury or damage _ising
out of the -prof85sional
incident".
(2) If a claim is made or "suit- is
brought against any insured, you
must:
(aI) Immediately record the
specifics of the claim or
"suit.. and date received; and
(b) Notify us as soon as
practicable.
You must see to it that we
receive written notice of the
claim or "suit. as soon as
practicable.
(3) You or any other in'iONed
insured must:
(a) Immediately send U$ copies
of any demands, notices,
summonses or legal papers
received in connection with
the claim or .suit..;
(b) Authorize us to obtain
records and other
information:
(e) COOperate with us in the
investigation or settlement of
the claim or defense against
the "suit"; and
(eI) Assist us, upon our request,
in the enforcement of any
right against any penson or
organization Which may be
liable to the insured because
of injury or damage to which
this insurance may also
appty.
(4) No insured will. except at the
insured's own cost. voluntarily
make a payment. aaaume any
obligation. or incur any expense,
other than for first aid. without
our consent.
f. AddIIionIII DeIniIons
When used in this Coverage
Extension. the following words have
special meaning:
(1) .Suit" means a civil proceeding
in which money damages
because of "professional
liability- to which this insurance
applies are alleged. "Suit"
includes:
(a) An arbitration proceeding in
which damages are claimed
and to which the insured
must submit or does submit
with our consent:
OJ) Any other alternative diSpute
resolution proceeding in
which such damages are
claimed and to which the
insured submits with our
consent; or
(c) An appeal of a civil
proceeding.
(2) "Bodily injury" means bodily
injury, sickness or disease.
induding mental anguish.
sustained by a person. including
death resulting from any of these
at any time.
(3) "Funeral functionary'" means a
licensed Cremationist.
Embalmer, Funeral Director or
Mortician, including an Intern,
resident ttainee Dr apprentice
while training under the license
of one of the aforementioned.
engaged in providing
profeuional service8 on your
behalf.
'-"'
~.
\--
Includes copyrighted material of lnstWance Services Office. Inc. with its permission.
BP-F-158 (()!H)3) Policy Number: 912..285 Transaction Effective Date: 07.25.2004
FRU1 :Muller-Thompson Funeral Chapel FAX I'D. :239-514-1643
J u I. 11 2IJ36 02: 59PM P5
,.
Original
Page 2 of 4
ibUO
.~.
(c) "Property damage" arising
out of vandalism or
maliciou$ mi$Chief to any
columbarium, mausoleum.
monument. tombstone,
memorial. marker or
structure on any grave site.
(2) Any obligation or liability of
others a515umed by an insured
under any contract or
agreement. either Of'al or written,
except to the .)(tent the insured
would have been liable in the
absence of the contract Of'
agreement.
(3) Any liability arising out of any
dishonest, fraudulent. criminal or
malicious act or omission of the
insured.
(4) "Professional liability" that may
reasonably be expected to n~8ult
from the intentional or criminal
acts of an insured or which is in
fact expected or intended by the
insured. even if the injury or
damage is of a differ-ent degree
or type than actually expected or
intended.
(5) Loss arising out of an insured's
representations or omissions
regarding:
(.) Intere$! rat.s; or
(b) Future premium payments or
market value of "insurance
products"; or
(c) The ownership. formation.
creation, administration.
operations or insolvency of
any Self-Insurance Program,
Risk Retention Group and/or
Risk Purchasing Group
formed under the Federal
Liability Retention Act of
1981 and 1986 aa amended
or any amendment thereto,
MUltiple Employer Trust,
Multiple Employer Welfare
Arrangement. or any pool
syndicate. association or
other combination formed fOf'
the purpose of providing
insurance or benefits. if not
fully funded by an insurance
product.
Includes copyrighted material d 1ns&8'&nCe Services Office, Inc. with its permission.
Bp.F.158 (09-03) Policy NlMnber: 8824285 Transaction Effective Date; 07-25-2004
(&) Any liability ansrng from the
receipt, investment or ~.
distribution of funds for which
the insured. or anyone else.
acts in a fiduciary capacity.
(7) Claims made against an insured
arising out of the insured's
activities as third party
administrator of any plan,
whether insured or self-Insured
and whether or not the insured
performs such activities.
C8) "Professionalliability~ arising out ,
of the witlful violation of a penal \
statute or ordinance committed
e.
with the knowledge or consent of
any insured. This exclusion does
not apply to any ad done in
good faith at the request of a
public official having apparent
authority to require or perm it
such act
c. Pwsons InsunId
(1) Section C. Who Is An Insured
does not apply to Professional
Liability Coverage.
(2) For "professional Iiability",' the '. ;
following are insureds: '--""
(a) You: and
O:t> Any "funeral functionary" you
employ, hire or contract
with. are insureds while
performing duties related to
the conduct of your business.
d. Umits of Insurance
Paragraph 0.2. liability Limits of
Insurance is deleted and replaced by
the following:
2, The moat we will pay for the sum
of alt damages because of all;
L "'Bodily injurY', "property
damage". and medical
expenses arising out of any
one "occurrence";
b. "Personal and advertising
injury'" sustained by anyone
pel'&OO or organization; and
c. other injury arising out of
anyone "occurrence" or
"professional incident"
is the Liability limit shown in the , .
Declarations. .'-.../.
-,
Jul. 11 2006 03:00PM PG
FRll'1 :Muller-ThomPson Funeral Chapel FAX I'D. :239-514-1643
Original
Page" of 4
(4) "Insurance product- means any
life insurance policy or other
insurance prvduct used to fund
funeral and burial expenses.
(5) "Professional incident" means:
(a) A negligent act. error or
omission or malpractice in
furnishing or failing to
furnish professional services
as a "funeral functionary": or
(b) A negligent act. error or
omission arising out of the
sale or transfer of cemetery
lots or other places used for
burial; or
(c) A negligent act. error or
omission that contributes to
the vandalism or malicious
mischief to a columbarium.
mausoleum. monument.
tombstone, memorial.
marker or stTucture on any
grave site; or
(d) A negligent act. error 01"
omi$$ion arising out of
insurance sales of
"insurance products" to fund
funeral services.
All related negligent acts. errors,
omissions or malpractice in
furnishing or failing 10 furnish
professional services shall be
deemed one "professional
incident" .
(6) "'Professional liability" means
"bodily iniwY" or damage arising
fTom a "professional incident".
2. Paragraph 1.j. Professtonal SeMC8S of B.
Exclusions does not apply to any coverage
provided by this Coverage Extension_
'"
"
"
16Db
't
8- The following proVISIOnS apply to the
Busine&sowners Common Policy Conditions: '--.J
The following is added to Paragraph H. Other
Insurance:
4. Professional Liability Coverage is
primary. Our obligations are not affected
unlesa any other insurance is also
primary. Then. we will share with all that
other insurance by the method described
in a. or b. below:
a. If all of the other insurance permits
contribution by &<lual shares, we will
follow this method also. Under this
approach. each insurer contributes \
equal amounts until it has paid its,:.
applicable limit of insurance or none
of the 1065 remains. whichever
comes first.
b. If any of the other insurance does
not permit contribution by equal
shares. we will contribute by limits.
Under this method, each insurer's
share is based on the ratio of its
applicable limit of insurance to the
total appticable limits of insurance of
all insurers.
'-J
v
Indudes copyrighted material of lnswance 8ervice& 0Iice. Inc. with its permission.
BP-F-1S8 (09-03) Policy Number: 9924285 Transactjon Effedive Date: 07-25-2004
Policy Number: 0 81 104396 01129
Policy Ellective Dale: July 29, 2005
Your Agent: Chuck Eagleslon (239) 353-3500
~AlIstate.
You're In good hInd&.
Allstate Insurance Company
COVERAGE FOR VEHICLE # 2
2003 Dodge Van Grand Caravn
1600
COVERAGE LIMITS DEDUCTIBLE PREMIUM
Automobile Liability Insurance
. Bodily Injury $100,000 each person Not Applicable $7549
$300,000 each occurrence
. Property Damage $100,000 each occurrence Not Applicable $45.19
-,------------_.._~--------^----"'.__._'--------_._-~-------"
Personal Injury Protection
Aggregate Total
$0
$55.34
---------_._-----_._._---------'--_._._---_._---_._-~-------~---------
$10,000
each person
Uninsured Motorists Insurance $100,000 each person
for Bodily Injury $300,000 each accident
Uninsured Motorists Insurance limits of insured vehicles may be stacked
Not Applicable
$94.97
Auto Comprehensive Insurance
Actual Cash Value
$500
$500
$78.18
Auto Collision Insurance
Actual Cash Value
$25.14
-----------------'----------_..~ .-----
$374.31
Total Premium for 03 Dodge Van Grand Caravn
DISCOUNTS
Anlilock Brakes
New Car
Your premium for this vehicle reflects the following discounts:
$22.10 Premier Plus
$7.30 Passive Restraint
$6986
$1835
RATING INFORMATION
This vehicle is driven over 7,500 miles per year, business use, adult age 37, with no unmarried driver under 25, good
d river rate
~.
MHU .~ll100090~IOI20:w13290:;03.
\UllllllllllllllllnUllnlllR~lUnlllnllllnll~111
InILJffllilllvrl;t~ ul
Ot.'lootl 12, 2005
Page 3
flOl0AMO
\
FRa1 :Muller-Thompson Funeral Chapel FAX NO. :239-514-1643
Jun. 20 2006 01: 52PM Pi
NOTICE OU,LfX[(ON TO BE EXEMPT
,IMse refer to tM....... ............ ...... n..Il.:.~ tIaiI fonD.
16uv
st:CTION 1: 1_ .ppIyiRc for ~.... as a (PIeaIe daeek -Iy OR bea ill ... .....):
CONSTRUcnON INDUSTRY ""CORPORATE OFFICER" (sse APPUCA 110" PEl.: REQUIRED)
o Officer of a Cotpe>ralion o-itle): ) -OR- 0 Member of. Limited Liability Company (LLC)
NON-CONSTIlUCflON INDUSTRY ""CORPORA n: OFFICER" (NO FEE Il&Q1JIRED)
~ Of1icerofa Corporation (Iide): p,~~; tJ~(tT'. __>
All oftieer ..~.. .. ~ ...... L _ fter.. 110..... S....... it at ~ .. '__1IIls .Her tit".......
SECflON 1. To be eligible fot an exemption, the oorporalion of whidl you are aD ofIiccr or the 1imitccIliability compeny of which
you are a member must be I'qistered with the Division oCCorpondioas oflhe Department ofS1*. For applicants IpplyiDg &II aD
officer or. c:orponlion. you must be: lisu:d.. an offioc:r of the CorpontiOD with tile Divisioo ofCorpondioas of the Depuuuent of
State. Please list the Rgistratioo oumbc:r 1;I--.t number shown on YOUJ UnifCllUl BusiDess Report) 011 file with the Division of
corponations. PO '(000070,;-
SJ:CTION). Thi. exemption application IIppIies oaIy to the ~aigning the appticetioD, the CarporationlLLC 1hIII is listed
below. and the scope of business ot trade == ~ &. '-),
Corporation or LLC Na-.e:/l1I1IIt.A- -.n hMAtll FEIH;,1 0 II S7' 2., TeIepItoM: n7- rn,
,
BusinessMaiIiDgAddrcss~O /) p;~,,~ Il+/J;ity: ~StaIrJ'.;eL.:liP: )~/I~' Ceuty: (;AI/ItA
Seopeof...ilu..orT......fAfplicut: J.Ibn,.~~"1.~ CI.tSsl!:des 96~O 4.
SECTION 4. p~~ list all certified 01' regjsIr:rcd r1CCl1leS issued to 1be applicant punlI*Jl to Chapter 489, F .S. (CoIltrador's
License) r J1
SECI'ION So Does the comrty or IDUDicipality in which your business is loc:atecI RqUire .. occupationa1license for your bUlriness7
DYes JI(No IF YES, A COPY 01' A CIJltRENT OCCUPATIONAL UCDfSB MUST BE ATTA(.1IJ:D.
SECJ"ION '- Are you affiliated with any corporation (iDducIiDg LLC) otheI' than the corporation (including LLC) to which this
applkatioo applies?
o Yes ~ No I' YJ.:S, PLEASE LIST TJD: NAME(s) AND J'EIN(.) OJ' THJ; An1LIA TED CORI'ORATION(.) OR
LLC(a): J A
NAME: 1\ J'EIN; -
SEcnON 7. If your corporation or LLC is engaged in the CODBbuction industry. you must provide the required proof of
ownership in the corporation or LLC.
A. To be eligible for a oonstructian incIIJstry QQUption as an offiCCl' of . cot'pCMlIion, the IIppIicant must be . sbIrdIoIder.
owning at least 10% of the stock oftbe corpontioIl. A COPY OF A STOCK CE1lTIJ1CAD EVIDENCING THE
REQUIIlED OWNERSHIP MUST BE ATIACBED.
8. To he eligible fOT . constndioo industIy exemption lIS . ~ of.1imitM liability company (lLC), the applicant must
confum owncnbip of at kat 10% oftbe (;OIIlJ)aDY. TIlE RJ.:Q1JIRED OWNERSIIIP )fAy BE ESTABLISHED BY
PRODUCTION 0'" D()(.1JMENT ATION UfLEC'I'ING TIlE REQtJIRED OWNBUIDP. OR BY
SUBMI'ITING A NOTA.JtIZED STATEMENT A'M'U'I'ING TO THE R.I:QUIRED OWNEBSBII'.
SECTION 8. FRAUD NOnCR
A. A., ~ wIIo, buwiqIy ad wid! ..... t. haj.re, .......... or....... tile ............ or .., ,,""'er or
e"'I)'H. ...nace ee....,. _ all)' .... pcI'lIOII, ... a ..cice of .':"" to .. u-.,t CGII..... "1 .... or
_If' Ii. .r........ iI piIty .r. ......, of tile tIIird decree-
B. Attal1ttioD.f.ppIkaaC - By ..y.;;..I....., I atteIt'" IIutft ~ ............ ad aduIowtedp dIe.........1
DOtiee.
~ .~/~ ~/L
8IGM..-_ .AJI'UCANT
lHIS APPUCAJ'ION. ~ ON 1tE~ SIDE
DWe2A. NOftCEM aIlCJlOIIlV _E....--~w-..
lV-2
FRll1 :Muller-Thompson Funeral Chapel FAX i'D. :239-514-1643
Jun. 2b ~ 01: 52PM P2
NOTICE OF UOCfION TO IE EXDfPT - p. 2
SECTION 9. You must. identify 'fA ~ers' ~ion insunnoe camCl' that c:cmn my non-exempt employcc5 of yo..-
business. Carrier N..e: /J
AFFIDA VD' OF APPLICANT: I hereby certify that the info.1nalioo oo.".i-I br:RiD is true and coma to the best of my
Ic:nowledgc and belief; that this elcctiOll does DOt exceed exemptioa limits - cocpoule officers, iDc:1udin& lIlY affiliated
corporations all provided in f440.02 Florida SUIuIes; IDd IbM my aoo-exaDPI employees oftbe corporation or limited liability
company (LLC) identified in section 3 oftbis DOticc arc covered by workers' oo.npo....non in&uIance.
7D;Jcll9" l1lulle,f
TVnJrIl1NT "AME orrr.MOl'C "m..Yll'IG" F.>>.....'O"
/~O I ~~ I g-~O
lIiOCL\L SJ:CtlIDTY N(JMaa
--z -4dL ~dL-
A"'UCANMIlU(".NA:
6 -a-I- o~
DAn; IIQlla)
NOTARY STATE OF FLORIDA. COUNTY OF
(6\\,ev
Sworn 10 and subsc:ribcd before me Ibis '2 b day of
\J(\
:1 OQ6 ,by ~I~n.u 10. ~ deJl'\C\
b I~ f)~'\.
Type ofl~
..0.
Penooally ~ . ~ Produc:ed ldentific:ldiolt
Pro_ n~ ~i\~\'.51
NOTARYSIGNATUREb!o,..,^, lJ ' ~
E j tt ^ My ec.--il<cinn
PIa.. __ tItiI co.pl~aI ,.., .... widI-.y .a.d._uti'" . sse..
applleMioa fee {ClOMtI"lldlMl ........, .......... eIIIJ)""""" .. 1M DJ'S we
Ad.......... T,.... "..., 10 ... DWrid 05te .... .... tIIat . doIat ..,....
plaee ofhltliDeu.
Expirarioo DIlle:
4415 Mea'o Parkway 9:11 N. 0tIriI St. .1 NW2IId A?e.
\, SlIMe ". ~B,".a SIIik ml S8IIIIl T.....
.... Myers JL 3391' Jadt.t.,,- PI.. 3DIt ~n.33121 COlIn! Namber:
T....- (239) 931-1.... y.~ fa. - (9M) 1W-5I06 T"".,...r (385)~
2616 0..... Dr. .. W...1b 'fa" St- 1111 NK ~ Awe. PotIImIrk Daft:
,..... CIty FL 32415 It..- all NortII Tower .. "..,
T"'oac (851) 74'7-5425 0t1IaIdIt FL 33IIJ Oc* n. 344'7t
T...,.... (411).... T.....lh.r (351).....s:JSI Received Dale:
610 E..........
Peat__ n. 325tU32t .." Nv....._.,.. AYea_ T AI..I..AII.4c~
T........ (158) 453-7114 Sde .116 SIJBMI'ITDS
PIu...... fL 33317
3111 Soda DbIe Bwy. TeII,l_ t'54) nt-DM w.a-;.... n ~.
Stria 11123 1IU CapiIIII C'.... 51:
W.t P.... .... J'L 33485 1313 N.,..... St. Sdt .181 ......... ....
TelepllMe (561) 837-571' s.- 15m T..1lt PI.. 32399-1161
T.... n.~ TeIe,... (B> 413-1_
171' MaiII St. TeI.,ItRe (113) 22l-6!16
Suite #101 lid 1It_ . "yg:
S.tMOta n.. 342J' X........ c.iMs...
T....... (941) 329-J ue T..1l n fIJ I JlL.D.JM..428 Payment "NuaIber:
T<<II,.. c (8W) 413-1'"
THIS APPI.JCATIDIIIS CONTMJED fROM TIE REYEIt8E SIDE
owe... NOTICE OF B.BmOIIlO _UBlPT-~"'"
1V4
FR(]1 :Muller-Tt-.ompson Funeral Chapel FAX NO. :239-514-1643
Jun. 26 2006 131 :53PM P3
.-.'--'.
'"
lHIS EIlDORSE- CIWOllES _ POUCY.1'lEA5l' IlDD IT ~~ U 0
FUNERAL SERVICES PROFESSIONAL lIABILITY COVERAGE
Original
''--'" This endorsement modifies insurance provided under" the following:
'-.,.,.
.....
BUSINESSOWNERS POlICY
A. The following is added to the B\t$inesaowners
Liability Coverage Form:
1. The following is added to PanIgl"aph A.
Coverages:
4, CoveragIt Extension . FunenIII SeI.as
PloI&88Io.... ~
a. Insuring ~
(1) We will pay those sums that the
insured becomes legally
obligated to pay 8$ damages
because at .professional
liability" to which this insurance
applies. We will have the right
and duty to defend the insured
against any .suit,. seeking those
damages. However, we will have
no duty to defend the insured
against any .suit. seeking
damages for .professional
liability. to which this insurance
dOes not apply. We may, at our
discretion. invntigate any
"Pf'ofeuional incident" and settle
any claim or "suit" that may
result. But:
(a) The amount we wi" pay for
daf!'lages is limited as
described in Paragraph d.
Limits of InslWance: and
(b) Our right and duly to defend
end when we have used up
the applicable limit of
inSUf"anC9 in the payment of
judgments CK Httlements.
No other obligation or liability to
pay ~ums or perform acts or
services is covered unless
explicitly Pf'OYided for under
Supplementary Payments.
(2) This insurance appIie=s to:
.profeS$ional liability" only if the
"professional liablHty'" is caused
by a "professional incident" that
takes place in the "coyerage
territory" during the policy
period.
(3) This policy does not apply to.
and the Company shaU have no
Page 1 of 4
Includes copyrighted malerial of Insur8nce servicH Office, Inc. with its permission.
BP+158 (09-03) Policy Number: 9924285 Transaction Eftective Date: 07-25-2004
duty to defend. any claim
seeking damages for
"profusional liability" that
occurred before the policy
periOd. regardtess of whether
that "professional incident" is
also deemed to have occurred
during the poliCY period of this
policy.
<. Paragraph A.1.f. Coverage
Extension Suppfementary
Payments al50 applies to
Prot.s&ional liability Coverage.
b. Exdusiona
This insurance does not apply to:
(1) "Property damage" or "peraonal
and advertiSing injury"'. However,
this exclusion does not apply to:
(a) "Property damage".
including the coat of labor,
material or services
furnished or arranged by you
to deceased human bodies
or cremated remains thereof.
the clothing or personal
effed.s, or lIny ca.ket. urn,
vault or like cont,ainer.
whether or not arising out of
the use of vehicles, while in
your care, custody or control
in your professional capacity
as a "'funeral functionary"
and not for the purpose of
advertising, display or sale;
or
(b) "Properly damage" to
property of others which is in
the care. custody or control
of the insured on the
cemetery premises for the
purpose of cremation or
burial; or
"-.....-"
FRCI1 :Muller-Tt-.ompson Funeral Chapel FAX I'l). :239-514-1643
Jun. 2b 2006 01: 53PM P4
Original
160b
>,
Page 3 of 4
...
(4 Assist us. upon our request,
in the enforcement of any
right againl1. any person or
organization which may be
liable to the insured because
of injury or damage to which
this insurance may also
apply.
(4) No insured will. except at the
Insured's own cost, voluntarily
make a payment, assume any
obligation. or incur any expense,
other than for fir.t aid. without
our consent.
f. Additional Definitions
When used in this Coverage
Extenaion, the following words have
special meaning:
(') "Suit" means a civil proceeding
in which money damages
because of .profMsional
liability" to which this inaurance
applies are alleged. "Suit..
includes:
(8) An arbitration proceeding in
which damages are. claimed
and to which the insured
must submit or does submit
with our consent:
~) Any other alternative dispute
reaolution proceeding in
which such damages are
daimed and to which the
insured submits with our
consent; or
(c) An appeal d a civil
proceeding.
(2) "Bodily injury" meana bodily
injury, aicknM' or disease,
including mental anguish.
sustained by a penon, including
Math resulting from any of these
at any time.
(3) "Fun....1 functionary'" means 8
licensed Cremationist.
Embalmer, Funeral Director or
Mortician, Including an intern,
resident trainee or apprentice
while trBining under the lIcense
of one of the aforementioned.
engaged in providing
profeUional services on your
behalf.
Includes eopyrighted material of Insu~ Semcea 0Iice, Inc. with ita permission.
BP+158 (09-03) Policy Nt.mber: 9924285 Transaction Ew.c:tive Date: 07-25-2004
e. Duties in the Event of .. Act. Error or
Om""" or a.im ar SUit
For purposes of the coverage
provided under this Coverage
Extension, Paragraph E.2. Duties in
the Event of Occurrence. Offense.
Claim or Suit Liability General
Conditions is deleted and replaced
by the foIlowing~
(1) You must see to it that we are
notifaed as soon as practicable of
8 "professional incident" which
may result in a claim. To the
extent possible. notice should
incl ude~
(a) How. when and where the
.professional incident. took
place;
(b) The names and adck"eseea of
any injured persons and
witnesses; and
(c) The nature and location d
any injury or damage arising
out of the "profe$sional
incident".
(2) If a claim is made or "suit" is
brought against any insured. you
must:
Ca) Immediately record the
specifics of the claim or
"suit" and date received; and
(b) Notify us as soon .-
pradicable.
You must see to it that we
receive written notice of the
claim or "suit" as aoon 86
practicable.
(3) You or any other irwotved
insured must:
(.) Imm.siatety send us copies
of any demands, notices,
summonses or legal papers
receIved in connection with
the claim or .suit.;
(b) Authorize us to obtain
records and other
information;
(c) Cooperate With us in the
investigation or setUement of
the claim or defense against
the "suit": and
\...-I.
\...,..-;
~.
FRCJ1 :Muller-Thompson Funeral Chapel FAX 1'0. :239-514-1643
Jun. 25 200b 131: 54PM P5
~
.......,.
Original
page2of4
1606
'~
(c::) "Property damage. arising
out of vandalism or
maliciOus mischief to any
columbarium. mausoleum,
monument. tombstone.
memorial. marker or
structure on any gTave site-
(2) Any obligation or liability of
others assumed by an insured
under any contract or
agreement, either oral or written.
except to the extent the insured
would have been liable in the
absence of the contract. or
agreement.
(3) Any liability arising out of any
dishonest, fraudulent. criminal or
malicious act or omission of the
insured.
(4) "Professional liability'" that may
reasonably be elCpeded to result
from the intentional or criminal
ads of an insured or which is in
fact expected or intended by the
insured. even if the injury or
damage is of a different degree
or type than actually elCpected or
intended.
(5) Loss ilf"ising out of an insured's
representations or omi$$ions
regarding:
(a) Interest rates; or
(b) Future premium payments or
market value of '"insurance
products"; or
(c) The ownership. formation.
creation, administration,
operations or insolvency of
any Selt-lnsurance Program,
Risk Retention Group and/or
Risk Purchasing Group
formed under the Federal
Liability Retention Ad of
1981 and 1986 as amended
or any amendment thereto.
Multiple Employer Trust.
Multiple Employer Welfare
Arrangement, or any pool
syndicate. 8$SOCiation or
other combination fanned for
the purpose of providing
insurance or benefits, if not
fully funded by an insurance
product-
Includes copyrighted material of Insurance Services OfIc:e, Inc. with its permission.
BP-F-158 (09-03) Policy Number: 99204285 Transaction EIfective Date: 07-25-2004
(&) Any liability anslng from the
receipt. inveslment or ~I
distribution of funds for which
the insured, or any one else,
acts in a fiduciary capacity.
(7) Claims made against an insured
arising out of the insured's
activities as third party
administrator of any plan.
whether insured or self-insured
and whether or not the insured
performs such adi"'tiea.
(8) "Profeasionalliability'" ariaing out ,.
of the willful violalion of a penal \..
statute or ordinance committed
--:.
with the knowledge or consent of
any insured. This exclusion does
not apply to any act done in
good faith at the request of a
public official having apparent
authority to require or permit
such act.
e. Penons I..........
(1) Section Co Who Is An Insured
does not apply to Profesaional
liability Coverage.
(2) For "professional liability", the' "
following are insureds: '-../
(. You; and
(b) Any '"funeral functionary" you
employ, hire or contract
with. are insureds while
performing duties related to
the conduct of your business.
d. U.... of lnaurance
Paragraph 0.2. liability Limits or
Insurance is deleted and replaced by
the following:
2. The most we Will pay for the 8um
of all damages because of all:
a. "Bodily injury", "property
damage", and medical
expenses arising out of any
one ucx:c::unence";
b. "Personal and advertising
injury" suslained by any one
person or organization; and
c. other injury arising out of
any one "oecurrence" or
"profeHional inc;ident"
is the liability limit shown in the .
OeeIarations. """-,,
Jun. 26 2006 01: 54PM P5
FRCJ1 :Muller-Thompson Funeral Chapel FAX i'll. :239-514-1643
Original
page .. of 4
(4) "Insurance product- means any
life insurance policy or other"
insurance product used to fund
funeral and burial expenses.
(5) .professional incident- means:
<a) A negligent act, error or
omission or malpractice in
furnishing or failing to
furnish professional services
as a -funeral fUnctionary-; or
(b) A negligent act. error or
omission arising out of the
sale or transfer of cemetery
lots or other places used for
burial; or
(e) A negligent act, error or
omisaion that contributes to
thlil vandalism or malicious
mischief to a coIumbarium,
mausoleum, monument,
tombstone. memorial,
marker or structure on any
grave site; or
(4 A negligent act, error or
omission arising out or
insurance sales of
"insurance products" to fund
funeral ServiCRS_
All relatecl negligent acts, errors,
omissions or malprac:tice in
furnishing or failing to furnish
professional services shall be
deemed one "profeAional
incident-.
(6) "'Professional liability" means
"'bodily injury'" or damage arising
from 8 .professional incident".
2. Paragraph t.j. Professional Services or B.
Exclusions does not apply to any coverage
provided by this Coverage Extension.
:;.
1606
~.
B. The following proviSIOns apply to the
Businessowners eommon Policy Conditions: '-.-J
The following is added to Paragraph H. other
Insurance:
4, Profeaaional Liability Coverage Is
primary. Our obligations are not affected
unless any other insurance is also
primary. Then, we will share with all that
other insurance by the method deacribed
in a. or b. below:
a. K all of the other insurance permits
contribution by equal shares, we will
follow this method al5O. Under this \
approach. ead1 ins~er contributes '
equal amounts until it has paid its '"
applicable limit of insurance or none
of the loss remains, wh;cheVer
(;(JR1es first.
b. .. any of the other insurance does
not pennit contribution by equal
shares, we will contribute by limits.
Under this method. each insurer's
share is baaed on the ratio of its
applicable limit of insurance to the
total applicable limits d insurance of
all insurers.
\.J
v
Includn copyrighted material of Insurance Services 0IIce, Inc. with Its penniuion.
BP-F-158 (09-03) Policy Number: 8824285 Tranaaction Effective Date: 07-25-2004
16El
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
MEMORANDUM
Date:
May 23,2006
To:
Linda Jackson Best, Contract Specialist
Purchasing Department
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Exhibit A-I Contract Amendment #6
Design of the Courthouse Annex Parking Deck
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16E2) approved by the Board of County Commissioners
on Tuesday, May 9, 2006.
Kindly forward the documents to the appropriate parties for their records.
The Finance Department and the Minutes & Records Department have
their copies.
If you should have any questions, please contact me at 774-8411
Thank you.
Enclosures (3)
16E2 ;1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 E 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TV
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 fOr\varded 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 ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Initials
Date
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
-1--"/)-
6. Minutes and Records
Clerk of Court's Office
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
'17lf-ff / <J
/~. E.;Z
,~5
Yes
(Initial)
N/A (Not
A Iicable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ftJ;rl, UCc. (enter date) and all changes
made during the meeting have been incorporate In the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
;/A
/;
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2.
3.
4.
5.
6.
I: Forms/ County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16E2
EXHIBIT A-I Contract Amendment # 6
Design of the Courthouse Annex Parking Deck
This amendment, dated May 11, 20U6 to the referenced agreement shall be by and bet\veen the parties to
the original Agreement, Spillis Candela & Partners, Inc. dba Spillis Candela DMJM (to be referred to as
"ContractorH) and Collier County. Florida. {to be referred to <IS "Owner").
Statement of Understanding
RE: Contract # 00-3173, Design of the COUl1house Annex and Parking Deck
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 the Supplemental Authorization
Exhibits "A I-A Design fourth Hoor shell & update master plan", "A2-A Furniture & Furnishings
Specifications" and "A3-A Fire Sprinkler Design" attached to this Amendment and incorporated herein
by reference. This Amendment shall extend the Agreement through December 30,2007.
The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete
said services in the amount of two hundred eighty thousand five hundred and sixty dollars ($280,560.00)
as per Exhibits "AI-A", ,'A2_A" and "A3-A", Scope of Services, Price Proposal and Project Schedule.
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.
ATTEST:
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By: go ~'7N L. /VI I Uk (l-
Dated: .~ QL4 I '""W-J 4:,
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S,ONSUL T ANT~
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By:
Title:
Dated:
CORPORATE SEAL
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY ~
~ e'
By: ~ ~-~/
F.rank Halas , Chainnan
Item # J(D cd.
Agenda ~.-q -ob
Date
16E2
EXHIBIT A1-A
SCOPE OF SERVICES
CONSULTANT will provide professional architectural and engineering services for the design of
one floor of office space for the Collier County Courthouse Annex. These services are to be
provided in two separate phases.
Phase I will include Stacking Plan Update, Schematic Design, and Design Development. The
Stacking Plan Update will consist of a stacking analysis to determine the best and most appropriate
department or agency to be relocated to the Annex shell floors. The stacking analysis will utilize the
program and projections already prepared as part of the Campus Masterplan. The stacking
analysis will evaluate the Public Defender, Guardian Ad Litem, State Attorney, and Clerk of Court
needs to determine which agencies will occupy the remaining shelled floors of the Annex.
Additionally the Stacking Plan will include recommendations for the remaining County agencies
within the Government Center campus. The CONSULTANT will review the current location of
County agencies and departments for Buildings B, C, D, F, H, L, L-1 and future Buildings Nand H
(addition). The consultant upon determination of which agency (or agencies) will be relocated to
the Annex will prepare schematic design documents for one complete floor of the Annex to house
the selected agency (or agencies). The selected agency (or agencies) will be an office use similar
to Public Defender, Guardian Ad Litem, or Clerk of Court and will consist of 18,473 square feet.
Phase II will include Construction Documents and Bidding/Construction Administration. Phase II
services shall commence upon completion of Phase I and following Owner's written authorization
to proceed to Phase II.
Construction cost estimates are not a part of this scope and if required would be considered
additional services.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
PROJECT SCOPE
16E2
ESTIMATE OF
PROJECT COSTS
1. Fit out of one office floor in the Collier County Courthouse Annex.
a. Fit out of one office floor (18,473 SF) @ $100/SF
b. Contingency / Cost Escalation @ 10%
Subtotal:
$ 1,847,300.00
$ 184,730.00
$ 2,032,030.00
Note: These costs are based on information provided in January, 2006 by the
construction manager for the Collier County Courthouse Annex.
2. Other project costs
a. Owner administrative costs (2%) $ 40,640.00
b. Stacking Plan Update $ 12,000.00
c. AlE Design Fees (@7.25%) $ 147,320.00
d. Record Drawings $ 8,000.00
e. AlE expenses $ 5,260.00
(printing, travel, Fed Ex, etc.)
Total AlE and County Administrative Fees: $ 212,620.00
Estimate of Total Project Cost: $ 2,244,650.00
4. Fee breakdown/schedule: We are proposing to provide the following services in two phases as
shown below:
PHASE I
a. Stacking Plan Update - 2 weeks $ 12,000.00
b. Schematic Design - 4 weeks $ 22,098.00
c. Owner review - 1 week $
d Design Development - 4 weeks $ 29,464.00
e. Owner review - 1 week $
f. Expenses $ 1 ,991.00
$ 65,553.00
PHASE II
g. Construction Documents/Bidding - 8 weeks
h. Owner review -1 week
I. Permitting - Building Permit estimated at 12 weeks
J. Construction Administration - estimated at 24 weeks
k. Record Drawings
I. Expenses
Total Fees -
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
1"''''' "'_""'_""..._.... "".
$ 58,928.00
$ inc. in item i
$ 36,830.00
$ 8,000.00
$ 3.269.00
$ 107,027.00
$ 172,580.00
2
16E2
PHASE I: STACKING PLAN UPDATE/SCHEMATIC DESIGN
CONSULTANT will prepare stacking options for the Courthouse Annex (Building L-1) to
determine which agency (or agencies) will occupy the four shell floors of the Annex, and
will recommend which floor shall be built out as part of this scope. The CONSULTANT
will prepare stacking plans for Buildings B, C, D, F, H, L, L-1 and future Buildings Nand H
(addition).
Based upon the mutually agreed-upon Stacking Plan, schedule and budget by OWNER
and CONSULTANT, CONSULTANT shall prepare, Schematic Design Documents in
compliance with OWNER'S design guidelines for approval by OWNER. OWNER'S
acceptance of Schematic Design Documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful
construction of this Project.
All Schematic Design Documents prepared by or for CONSULTANT are subject to
OWNER'S review and approval. At completion of the Schematic Design Phase,
CONSULTANT shall submit the Schematic Design Documents to the Project Manager
for review and comment. CONSULTANT shall respond in writing to the review
comments within 7 calendar days of receipt. Responses shall be forwarded directly to
the OWNER'S Project Manager. CONSULTANT shall revise the Schematic Design
Documents as required by OWNER in order to obtain OWNER'S written approval and
authorization to proceed to the Design Development Phase.
PHASE I: DESIGN DEVELOPMENT
After OWNER'S review and approval of the Schematic Design Documents and issuance
of OWNER'S written authorization to proceed, CONSULTANT shall commence the
Design Development services and perform the following:
Develop design documents to a level of definitiveness and detail to fix and describe the
size and character of the various Project components and each Project discipline and
system as may be appropriate for this stage of development, including long lead and
special order materials and equipment.
Continue developing the architectural, mechanical, electrical, security, and other
discipline's responsibilities that establish the scope and details for that discipline's work.
All Design Development Documents prepared by or for CONSULTANT are subject to
OWNER'S review and approval. At completion of the Design Development Phase,
CONSULTANT shall submit the Design Development Documents to the Project
Manager for review and comment. CONSULTANT shall respond in writing to the review
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
3
16E2
comments within 14 calendar days of receipt. Responses shall be forvvarded directly to
the OWNER'S Project Manager. CONSULTANT shall revise the Design Development
Documents as required by OWNER in order to obtain OWNER'S written approval and
authorization to proc::;ed to the Construction Documents Phase.
PHASE II: CONSTRUCTION DOCUMENTS
After OWNER'S review and approval of the Design Development Documents and
issuance of OWNER'S written authorization to proceed, CONSULTANT shall
commence the Construction Documents services and perform the following:
Prepare final calculations, Construction Documents setting forth in detail each
discipline's requirements into a cohesive whole based upon the approved Design
Development Documents and consultations with OWNER'S Project Manager.
All Construction Documents prepared by or for CONSULTANT are subject to OWNER'S
review and approval. At completion of the Construction Documents Phase,
CONSULTANT shall submit the Construction Documents to the Project Manager for
review and comment. CONSULTANT shall respond in writing to the review comments
within 7 calendar days of receipt. Responses shall be forwarded directly to the
OWNER'S Project Manager. CONSULTANT shall revise the Construction Documents
as required by OWNER to obtain OWNER'S written approval of such documents.
PHASE II: BIDDING
CONSULTANT shall cooperate with and assist OWNER by review of the Construction
Managers Guaranteed Maximum Price:
CONSULTANT shall provide the Construction Manager with one electronic copy of the
Construction Documents and all other bidding documents prepared by or for CONSULTANT.
CONSULTANT shall assist Construction Manager in reviewing, evaluating and advising
OWNER regarding bids. CONSULTANT shall attend the pre-bid conference and shall be
responsible for developing and providing to OWNER any addenda to the Contract Documents
that result from those conferences.
CONSULTANT shall prepare any required addenda to the Construction Documents, submit
addenda for OWNER review and approval, and distribute all required copies to all necessary
parties as determined and approved by OWNER. CONSULTANT shall respond only to
questions or requests for clarifications concerning the Construction Documents submitted in
writing by Construction Manager. Written questions by bidders during bidding shall be
answered by the CONSULTANT through the issuance of Addenda through the Owner's Project
Manager.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
4
16E2
PHASE II: CONSTRUCTION
CONSULTANT shall keep OWNER apprised of all contacts and/or communications
between CONSULTANT and Contractor. OWt\JER shall be copied on all
correspondence between CO~jSUL T ANT and Contractor.t\11 contacts and/or
communications between CONSULTANT and the various subcontractors shall be
routed through Contractor.
During the Construction Phase, CONSULTANT shall provide the following services:
.
Process, review, respond and distribute shop drawings, product data, samples,
substitutions and other submittals required by the Construction Documents within
five (10) business days.
.
Maintenance of a master file of all submittals, including submittal register, made to
CONSULTANT, with duplicates for OWNER. OWNER'S copy shall be in
electronic/CD format and submitted at time of Substantial Completion.
· Construction field observation services consisting of visits to the Project site as
frequently as necessary, but not more than (once every two weeks), to become
generally familiar with the progress and quality of the Work and to determine in
general if the Work is proceeding in accordance with the Construction Documents.
When CONSULTANT discovers portions of the Work which do not conform to the
Construction Documents, CONSULTANT shall recommend to Owner to reject such
Work. Provide a written report of each visit, within five (5) business days from the
CONSULTANT'S site visit, to the OWNER'S Project Manager. This field
observation requirement shall apply to any subconsultants or subcontractors of
CONSULTANT at appropriate construction points.
· CONSULTANT, as representative of OWNER during construction, shall advise and
consult with OWNER. Through its on-site observations of the Work in progress and
field checks of materials and equipment, CONSULTANT shall endeavor to provide
protection for OWNER against defects and deficiencies in the Work of Contractor
and the various subcontractors of Contractor.
· Prior to the first Application for Payment, the CONSULTANT shall review the
Contractor's Schedule of Values and recommend adjustments. Based on such
observations at the site and on the Applications for Payment submitted by the
Contractor, CONSULTANT shall recommend the amount owing to Contractor and
shall acknowledge the Application for Payment initially completed by the Contractor
for such amounts. The issuance of Certificate of Payment shall constitute a
representation by CONSULTANT to OWNER that: (i) the Work has progressed to
the point indicated; (ii) that to the best of CONSULTANT'S knowledge, information
and belief, the quality of the Work is in accordance with the Construction Documents
subject to minor deviations from the Construction Documents correctable prior to
completion, and to any specific qualifications stated in the Application for Payment;
and (iii) Contractor is entitled to payment in the amount certified.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
5
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· CONSULTANT shall review claims for extra compensation, or extensions of time
from Contractor, make written recommendations to OWNER within five (5) business
days concerning validity, and prepare responses for OWNER.
· CONSULTANT shall be, in the first instance, the interpreter of thc~ r:?quirements of
the Construction Documents, CONSULTANT shall render opinions on all claims of
Contractor relating to the execution and progress of the Work and on all other
matters or questions related thereto. CONSULTANT'S decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Construction
Documents, subject to OWNER'S approval. CONSULTANT shall review for
comment or approval any and all proposal requests, supplemental drawings and
information, substitutions, value engineering suggestions and change orders,
· Prepare, reproduce and distribute supplemental drawings, specifications and
interpretations in response to requests for clarification by Contractor or OWNER as
required by construction exigencies. CONSULTANT'S response to any such
request must be received by OWNER and Contractor within five (5) business days.
CONSULTANT will review and respond to all submittals from Contractor, including
but not limited to shop drawings, within a reasonable period of time so as not to
delay the progress of the Work, but in no event, more than five ( 10) business days,
unless OWNER expressly agrees otherwise in writing. Review of Contractor's
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details, such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems,
all of which remain the responsibility of Contractor as required by the Contract
Documents. CONSUL T ANT'S review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by CONSULTANT, of any
construction means, methods, techniques, sequences or procedures.
CONSULTANT'S approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
· CONSULTANT shall review and provide written comment upon all Change Orders
requests by the Contractor, as well as any cost estimate associated with a Change
Order request, prepared by Contractor. Upon agreement by the OWNER, the
CONSULTANT shall prepare and provide Work Change Directives to the OWNER
for approval and issuance to the Contractor and revise the Construction Documents
accordingly.
· CONSULTANT shall review the Project schedule, subcontractor construction
schedule(s), schedule(s) of shop drawing submittals and schedule(s) of values
prepared by Contractor and advise and/or recommend in writing to OWNER
concerning their acceptability.
· CONSULTANT shall attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences, pre-closeout meetings and other
Project-related meetings.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
6
16E2
.
Receive notice from Contractor if other work related to the Project by OWNER'S
own forces, by utility owners, or by other direct contractors will involve additional
expense to Contractor or require additional time and promptly advise OWNER in
writing.
.
Receive copies of all accident reports submitted by Contractor.
.
Review the Work to confirm that to the best of our knowledge the plans and facility
comply with the current Florida Building Code. Report any discrepancies observed
or noted to OWNER. The applicable building permit office will prepare and issue the
Certificate of Occupancy at the appropriate time to the Contractor, on the form
approved by OWNER .
· CONSULTANT shall assist in the OWNER'S Project closeout process. Upon notice
from Contractor, and with the assistance of OWNER, CONSULTANT shall conduct
the Substantial Completion inspection and if appropriate issue the Certificate of
Substantial Completion. Review and comment upon, and supplement as
appropriate, the punch lists to be prepared by Contractor. Notify Contractor in
writing of work not complete.
· Upon notice from Contractor, conduct final inspections and assist OWNER in final
acceptance of Project. If appropriate, issue the Certificate of Final Inspection on the
form approved by OWNER .
· Throughout the Construction Phase, CONSULTANT shall review Contractor's
marked-up "As-Built" drawings and Project Manual/Specifications, on a regular
basis, and at least monthly prior to certification of Contractor's monthly payment
application, to verify that Contractor is regularly updating the "As-Builts."
· After Contractor provides CONSULTANT with its marked-up "As-Built" drawings,
CONSULTANT will revise the final approved Construction Documents to incorporate
all "As-Built" information contained in the Contractor's marked-up "As-Built"
drawings, as well as to reflect all addenda, contract changes and field changes
(sometimes referred to herein as the "Record Documents"). CONSULTANT shall
provide OWNER with one (1) electronic copy on compact disk (CD) of the Record
Documents, two sets of the conformed drawings and prints, and two sets of the
Project Manual/Specifications. The electronic copy on CD of the Record Documents
shall be provided in AutoCAD.dwg format, "purged and bound", and compatible with
OWNER'S system Contents of CONSULTANTS Record drawings are conditioned
upon the accuracy of the information and documents provided by the construction
contractor.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
7
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SERVICES RELATING TO ALL PHASES:
OWNER shall provide timely responses and information to maintain the project
schedule. Prompt written notice shall be given by the OWNER to the CONSULTANT jf
the OWNER becomes aware,f any fault or defect in the project or '.nncornformities
\iVith the contract documents.
Notwithstanding any other proVIsion of this Agreement, the CONSULTANT and
subconsultants shall have no responsibility for the discovery, presence, handling,
removal, disposal or exposure of persons to hazardous materials in any form at the
project site, including but not limited to asbestos, asbestos products, mold,
polychlorinated biphenyl (PCB) or other toxic substances.
Notwithstanding anything in this Agreement, CONSULTANT shall not have control or
charge of and shall not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety measures, precautions and programs including
enforcement of Federal and State safety requirements, in connection with construction
work performed by OWNER'S construction contractors."
ADDITIONAL SERVICES:
The services described below are not included in Basic Services unless so identified
previously in this work order, and they shall be paid for by the OWNER as provided in
this agreement, in addition to the compensation for Basic Services. The services
provided below shall only be provided if authorized in writing by the OWNER.
· CONSULTANT shall update the campus Master Plan drawings to reflect the current
as built condition related to the overall Master Plan goals.
· CONSULTANT will be required to further develop and update the cost estimate as
part of the Schematic Design, Design Development, and Construction Documents
phases and bring to OWNER'S attention in writing any variances between that
updated cost estimate and OWNER'S approved Project construction budget. Cost
estimate format shall be subject to OWNER'S approval and may require electronic
submission of cost estimate information. If CONSULTANT'S updated cost estimate
or any other estimate prepared by or for OWNER based upon the Design
Development Documents indicate that construction costs will exceed OWNER'S
approved Project construction budget, OWNER may elect to modify its budget
and/or require CONSULTANT to revise the Design Development Documents to
bring them within OWNER'S approved Project construction budget. For cost
changes associated with design changes within the architects control
CONSULTANT shall be solely responsible for all costs and expenses which it may
incur in revising the Design Development Documents to bring them within
OWNER'S approved Project construction budget. Since CONSULTANT has no
control over local conditions, the cost of labor, materials, equipment or services
furnished by others, or over competitive bidding or market conditions,
CONSULTANT does not guarantee the accuracy of any opinions of probable
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
8
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construction cost as compared to construction contractor's bids or the actual cost to
the OWNER.
II Assist OWNER and Contractor in the training of the facility operation and
maintenance personnel VVi~,l respect to the prooer operations, schedule::;,
prDcedures and Inventory COlltru:S for the various Project equipment and systerns.
Such assistance shall include assi.sting OW~~ER in ar,-anging for and coordinating
the instruction and training on operations and maintenance of the Project's
equipment and systems in conjunction with the various manufacturer
representatives. Further, CONSULTANT is to attend all such training sessions,
unless otherwise consented to by OWNER in writing.
· Schedule via OWNER and visit with OWNER and Contractor the facility at initial
occupancy and at six (6) and eleven (11) months after issuance of the Certificate of
Substantial Completion. During each facility visit, CONSULTANT shall observe,
troubleshoot and advise in the operation of building systems. This shall not relieve
CONSULTANT of its obligation to make other visits to the facility based on need
should specific issues arise.
· Submit a facility and equipment review schedule to OWNER at the time of
Substantial Completion. Perform reviews of facilities and equipment prior to
expiration of warranty period(s) to ascertain adequacy of performance, materials,
systems and equipment. Submit a written report to OWNER
· If more extensive representation at the site than is described is required, the
architect shall provide one or more project representatives to assist in carrying out
such additional on-site responsibilities.
· Making revisions in Drawings, Specifications of other documents when such revision
are:
a. inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project Budget.
b. required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents; or
c. due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
· Providing services required because of significant changes in the Project including,
but not limited to, size, quality, complexity, the Owner's schedule, or the method of
bidding or negotiating and contracting for construction.
· Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
9
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· Providing services made necessarv by the default of the Contractor, by major
defects or deficiencies in the Work of the Contractor or by failure of performance of
either the Owner or Contractor under the Contract for Construction.
· Providing documents in cor'1ection V'.:ith public hearina, arbitration prou:)eding or
legal proceeding except wher e the J\rchl[:.';ct :s party thereto.
· Providing analyses of the Owner's needs and programming the requirements of the
Project.
· Providing financial feasibility or other special studies.
· Providing special surveys, environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the project
· Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
· Providing coordination of construction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner,
· Providing detailed estimates of Construction Cost or detailed quantity surveys or
inventories of material, equipment and labor.
· Providing analyses of owning and operating costs.
· Providing interior design and other similar services required for or in connection with
the selection, procurement or installation or furniture, furnishings and related
equipment
· Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
· Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance, and consultation during
operation,
· Providing services after issuance to the Owner of the final Certificate for Payment,
or in the absence of a final Certificate for Payment, more than 60 days after the date
of Substantial Completion of the Work.
· Providing services of consultants for other than architectural, structural mechanical
and electrical engineering portions of the Project provided as part of Basic Services,
· Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practice.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
10
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EXHIBIT B
PROJECT MILESTONE SCHEDULE
1. Upon the Notice to Proceed issued by OWNER, the Stacking Plan and
Schematic Design documents shall be submitted to OWNER within (7) weeks
after the date of such Notice.
2. Upon authorization by OWNER to commence the Design Development service,
the Design Development Documents shall be submitted to OWNER within (5)
weeks after the date of such authorization.
3. Upon authorization by OWNER to commence the Construction Document
service, the Construction Documents will be submitted to OWNER within (9)
weeks after authorization to commence. Upon incorporation of owner comments
project will be submitted for building permit. Permitting time is estimated at a
minimum of 12 weeks and will vary depending on permit comments and SOP
submittal applicability and requirements.
4. Construction Administration Phase Services to be provided in accordance with
the terms of the Construction Contract and the Project Construction Schedule
(not to exceed 24 weeks). If construction Administration Phase services are
required beyond the accepted construction schedule those services would be
considered extended construction administration phase services and would
therefore be additional services.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
11
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SCHEDULE 8
BASIS OF COMPENSATION
LUMO SI~M
, . MONTHLY STt'\TUS REPOr:;:[":":;
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as
part of its monthly invoice a progress report reflecting the Project design and
construction status, in terms of the total work effort estimated to be required for the
completion of the Basic Services and any then-authorized Additional Services, as of the
last day of the subject monthly billing cycle. Among other things, the report shall show
all Service items and the percentage complete of each item.
81.1.1
of:
All monthly status reports and invoices shall be mailed to the attention
Mr. Peter Hayden, PE
Senior Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make
lump sum payments to CONSULTANT in accordance with percentage completion per
phase, with the terms stated below. Payments will be made monthly in accordance with
the following Schedule of values.
PHASE I
ITEM LUMP SUM FEE FOR: FEE
1. Phase I -Stacking Plan Update $ 12,000.00
2. Phase I - Schematic Design $ 22,098.00
3. Phase I - Design Development $ 29,464.00
4. Phase I - Expenses $ 1,991.00
Phase 1- Total Fee $ 65,553.00
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
12
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PHASE /I
ITEM LUMP SUM FEE FOR: FEE . I
rL___-=rh3se II - Constrtl'~tion Docll'Il_E;nts/8iddir.9__ n__$___53~2~.Q~
· 2. ! P~;Jse i --- 'Y~~""i'c'ilJn !\rJnlini,~trc: n S .830 00 I
I 3. C.';ldse Ii - Rec.ord DocunE:nts . S 3,000.00
L . . fJhase II - :.:::.xcenS3S ,,' :J,26~J.OO
i--_ ~.._~.____+---__._..,,__~___~"_____....__.__~...__._~___________~.__.~___~..____~_._____....._____."..~___._~.__________~~_
I Phase 11- Total Fee '$ 107,027.00
8.2.2. The fees noted in Section 2.1. shall constitute for:
Phase I
(Sixty Five Thousand Five Hundred Fifty Three) ... . ..... . . .. . ... . . . . . .... . ... ... .. .. $ 65,553.00
Phase II
(One Hundred Seven Thousand and Twenty Seven Dollars)........ ..................$ 107,027.00
to be paid to CONSULTANT for the performance of the 8asic Services.
8.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided and as set forth in the
Amendment authorizing such Additional Services. The negotiated fee shall be
based upon the rates specified in Attachment 1 to this Schedule 8 and all
Reimbursable Expenses shall comply with the provision of Section 3.4.1 below.
There shall be no overtime pay on Additional Services without OWNER'S prior
written approval.
8.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be
the total and complete amount payable to CONSULTANT for the Basic Services
to be performed under the provisions of this Agreement, and shall include the
cost of all materials, equipment, supplies and out-of-pocket expenses incurred in
the performance of all such services.
8.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to
perform the Services required of it under this Agreement, as directed by
OWNER, pending resolution of the dispute provided that OWNER continues to
pay to CONSULTANT all amounts that OWNER does not dispute are due and
payable and such disputed fees do not exceed 10% of the total basic service
fees for such services.
3. SCHEDULE OF PAYMENTS:
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
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B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for
under Section 1.1 of this Schedule B, an invoice for fees earned in the
performance of Basic Services and Additional Services during the subject billing
month. f\Jotwithstanding anything herein to the cont:'(]rj the COi'rUL- TA.NT shall
submit ':0 rnore th2n on::: ir;'oir;e per r:lon'h for ail fC'c~s earne j ~h?t rrnntn hr
octrl BasicS;rvices and i'l"jditional Services. If 1 ,,'0IC8S shail be reasonably
SU!3t:.Hitiated. identify [he ~>"vices rendered and muse be suurnittecJ in tripllceHe
in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual
work done, no signature, etc.) shall be returned to CONSULTANT for correction.
Invoices must include the Purchase Order Number and Project name and shall
not be submitted more than one time monthly.
8.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove as per Standard 8illing Rates and for reimbursable expenses will be
made monthly upon presentation of a detailed invoice with supporting
documentation.
8.3.4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor
to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be
limited to a maximum markup of 5% on the fees and expenses associated with
such subconsultants and subcontractors.
8.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or
additional services must comply with OWNER'S then current standard
reimbursable expense policy, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
8.3.4.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement.
8.3.4.1.2. Mileage outside of Lee and Collier County approving in
writing by OWNER.
8.3.4.1.3. Permit Fees required by the Project.
8.3.4.1.4 Other items on request and approved in writing by the
OWNER.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
14
EXHIBIT C
STAFFING
i<?j personnel assign hy CONSUL T/\i'H to the; ::::'r\!ices under this work order:
· Spil:is Candela DMJM
Don Dwore, AlA
Enrique Macia, AlA
Steve Serler
Jorge Perez
Hector Seiglie, PE
Erick Gonzalez, PE
Emilio Rivero, PE
Ovidio Rodriguez, PE
Key Subconsultants to be assigned to the services under this work order:
· Dan L. Wiley & Associates
Dan L. Wiley
Marcia Long
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE RENOVATIONS FLOORS 1 AND 4
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15
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EXHIBIT A2-A
SCOPE OF SERVICES
The Consultant will provide furniture and furnishings selections and specifications associated
.'lith four floors (1 st, 2nd, 3rd, and an additional floor to be determined) of the Collier County
Courthouse Annex. The project consists of approximately 80,000 GSF of lobbies, public
queuing areas, general office spaces, and open plan workstations.
This proposal is based upon the assumption that all furniture shall be new; however, existing
furniture can be incor:Jorated into the Project as an Additional Service. The Owner shall provide
the Consultant with a list of acceptable loose furniture manufacturers and advise of the pricing
structure to be used for budgeting purposes. The Owner has requested that comparable
Herman Miller and Steelcase workstation components be specified for use in obtaining bids.
Services shall proceed according to the phases and schedule outlined below:
SCHEMATIC DESIGN
1. The Consultant shall meet with a key representative of each department to confirm the
requirements of the Architect's preliminary workstation and equipment layout.
2. The Consultant shall present updated furniture plans illustrating workstation block plans,
office layouts, and support spaces with recommendations for any receptacle or fixture
location changes to the Architect's telephone/data, and power plans.
3. Upon the Owner's approval, Spill is Candela DMJM shall coordinate any receptacle or
fixture location changes with notes of critical dimensions.
4. Spillis Candela DMJM shall prepare a schematic design presentation consisting of:
a. A line item furniture budget based upon Owner supplied pricing discounts.
b. Conceptual selections of loose furniture.
c. Comparable Herman Miller and Steelcase open plan workstation selections.
d. Concepts for color palettes and finish materials to coordinate with Architect's
building color scheme. These concepts shall be shown in a loose presentation
manner.
DESIGN DEVELOPMENT
1. The Consultant shall prepare a Design Development presentation consisting of:
a. Final loose furniture and open plan workstation plans including typical
workstation plates illustrating filing, storage and work surface areas.
b. Presentation boards with photographs and color finish samples of the
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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recommended furniture
c. A final Furniture Budget.
CONTRACT DOCUMENTS
1. The Consultant shall prepare descriptive specifications for the Owner's purchase of
loose furniture. These specifications shall be based upon a sole manufacturer.
2. The Consultant shall prepare outline specifications, furniture plates and isometric
drawings for each open plan workstation configuration. The specifications shall identify
comparable Herman Miller and Steelcase product lines for components.
3. The Consultant shall prepare coded floor plans indicating locations for the installation of
new furniture.
BIDDING
1. The Consultant shall transmit the documents to the Owner for its use in bidding,
negotiating contracts and purchasing.
2. The Consultant shall review the system furniture manufacturer's specifications and plans
for compliance.
CONTRACT ADMINISTRATION
1. The selected furniture dealer shall prepare the furniture installation plans and coordinate
with electrical and data/telephone receptacle locations.
2. During the installation phase, Spillis Candela DMJM shall attend one job site review of
the initial panel layout and one final punch list walk-through with the Owner and the
Installer.
3. Spillis Candela DMJM shall prepare and issue a punch list to the Furniture Dealer
specifying the work to be corrected prior to final payment by the Owner.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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PROFESSIONAL FEES, EXPENSES and SCHEDULE:
1. Schematic Design - 5 weeks,
2. Owner Review - 1 week
3. Design Development - 6 weeks
4. Owner Review - 1 week
5. Contract Documents - 6 weeks
6. Owner Review - 1 week
7. Bidding - 3 weeks
8. Contract Administration - 16 weeks
9. Expenses
$24,000.00
$28,000.00
$24,000.00
$ 5,000.00
$ 7,000.00
$ 6000.00
$94,000.00
SCHEMATIC DESIGN
Based upon the mutually agreed-upon Project program, schedule and budget by OWNER and
CONSULTANT, CONSULTANT shall prepare, Schematic Design Documents in compliance
with OWNER'S design guidelines for approval by OWNER. OWNER'S acceptance of
Schematic Design Documents in no way relieves CONSULTANT of its obligation to deliver
complete and accurate documents necessary for successful construction of this Project.
All Schematic Design Documents prepared by or for CONSULTANT are subject to OWNER'S
review and approval. At completion of the Schematic Design Phase, CONSULTANT shall
submit the Schematic Design Documents to the Project Manager for review and comment.
CONSULTANT shall respond in writing to the review comments within 7 calendar days of
receipt. Responses shall be forwarded directly to the OWNER'S Project Manager.
CONSULTANT shall revise the Schematic Design Documents as required by OWNER in order
to obtain OWNER'S written approval and authorization to proceed to the Design Development
Phase.
DESIGN DEVELOPMENT
After OWNER'S review and approval of the Schematic Design Documents and issuance of
OWNER'S written authorization to proceed, CONSULTANT shall commence the Design
Development services and perform the following:
Develop design documents to a level of definitiveness and detail to fix and describe the size and
character of the various Project components and each Project discipline and system as may be
appropriate for this stage of development, including long lead and special order materials and
equipment.
All Design Development Documents prepared by or for CONSULTANT are subject to
OWNER'S review and approval. At completion of the Design Development Phase,
CONSULTANT shall submit the Design Development Documents to the Project Manager for
review and comment. CONSULTANT shall respond in writing to the review comments within 14
calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project
Manager. CONSULTANT shall revise the Design Development Documents as required by
COLLIER COUNTY GOVERNMENT CENTER
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OWNER in order to obtain OWNER'S written approval and authorization to proceed to the
Construction Documents Phase.
CONTRACT DOCUMENTS
After OWNER'S review and approval of the Design Development Documents and issuance of
OWNER'S written authorization to proceed, CONSULTANT shall commence the Contract
Documents services and perform the following:
Prepare final plans and specifications, Contract Documents setting forth in detail each
discipline's requirements into a cohesive whole based upon the approved Design Development
Documents and consultations with OWNER'S Project Manager.
All Contract Documents prepared by or for CONSULTANT are subject to OWNER'S review and
approval. At completion of the Contract Documents Phase, CONSULTANT shall submit the
Documents to the Project Manager for review and comment. CONSULTANT shall respond in
writing to the review comments within 7 calendar days of receipt. Responses shall be
forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Contract
Documents as required by OWNER to obtain OWNER'S written approval of such documents.
BIDDING
CONSULTANT shall cooperate with and assist OWNER during the Bidding Phase as hereafter
provided with respect to the selection of the Contractor:
CONSULTANT shall provide the OWNER'S Project Manager with one electronic copy of the
Contract Documents and all other bidding documents prepared by or for CONSULTANT.
CONSULTANT shall assist OWNER in reviewing, evaluating and advising OWNER regarding
bids. The CONSULTANT shall make a written recommendation to the OWNER with respect to
the OWNER entering an agreement with the apparent Successful Bidder.
CONSULTANT shall prepare any required addenda to the Contract Documents, submit
addenda for OWNER review and approval, and distribute all required copies to all necessary
parties as determined and approved by OWNER. CONSULTANT shall respond only to
questions or requests for clarifications concerning the Construction Documents submitted in
writing by OWNER. Written questions by bidders during bidding shall be answered by the
CONSULTANT through the issuance of Addenda through the Owner's Project Manager.
CONTRACT ADMINISTRATION
CONSULTANT shall keep OWNER apprised of all contacts and/or communications between
CONSULTANT and Contractor. OWNER shall be copied on all correspondence between
CONSULTANT and Contractor. All contacts and/or communications between CONSULTANT
and the various subcontractors shall be routed through Contractor.
COLLIER COUNTY GOVERNMENT CENTER
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During the Contract Administration Phase, CONSULTANT shall provide the following services:
· Process, review, respond and distribute shop drawings, product data, samples,
substitutions and other submittals required by the Construction Documents within five (10)
business days.
· CONSULTANT, as representative of OWt~ER during furniture installation, shall advise and
consult with OWNER. Through its on-site observations of the Work in progress and field
checks of materials and equipment, CONSULTANT shall endeavor to provide protection for
OWNER against defects and deficiencies in the Work of Contractor and the various
subcontractors of Contractor.
· Prior to the first Application for Payment, the CONSULTANT shall review the Contractor's
Schedule of Values and recommend adjustments. Based on such observations at the site
and on the Applications for Payment submitted by the Contractor, CONSULTANT shall
recommend the amount owing to Contractor and shall acknowledge the Application for
Payment initially completed by the Contractor for such amounts. The issuance of Certificate
of Payment shall constitute a representation by CONSULTANT to OWNER that: (i) the
Work has progressed to the point indicated; (ii) that to the best of CONSULTANT'S
knowledge, information and belief, the quality of the Work is in accordance with the
Construction Documents subject to minor deviations from the Construction Documents
correctable prior to completion, and to any specific qualifications stated in the Application for
Payment; and (iii) Contractor is entitled to payment in the amount certified.
· CONSULTANT shall review claims for extra compensation, or extensions of time from
Contractor, make written recommendations to OWNER within five (5) business days
concerning validity, and prepare responses for OWNER.
· CONSULTANT shall be, in the first instance, the interpreter of the requirements of the
Contract Documents. CONSULTANT shall render opinions on all claims of Contractor
relating to the execution and progress of the Work and on all other matters or questions
related thereto. CONSULTANT'S decisions in matters relating to artistic effect shall be final
if consistent with the intent of the Construction Documents, subject to OWNER'S approval.
· Prepare, reproduce and distribute supplemental drawings, specifications and interpretations
in response to requests for clarification by Contractor or OWNER. CONSULTANT'S
response to any such request must be received by OWNER and Contractor within five (5)
business days. CONSULTANT will review and respond to all submittals from Contractor,
including but not limited to shop drawings, within a reasonable period of time so as not to
delay the progress of the Work, but in no event, more than five ( 10) business days, unless
OWNER expressly agrees otherwise in writing. Review of Contractor's submittals is not
conducted for the purpose of determining the accuracy and completeness of other details,
such as dimensions and quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the responsibility of Contractor
as required by the Contract Documents. CONSULTANT'S review shall not constitute
approval of safety precautions or, unless otherwise specifically stated by CONSULTANT, of
any construction means, methods, techniques, sequences or procedures. CONSULTANT'S
approval of a specific item shall not indicate approval of an assembly of which the item is a
component.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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.
CONSULTANT shall review and provide written comment upon all Change Orders requests
by the Contractor, as well as any cost estimate associated with a Change Order request,
prepared by Contractor. Upon agreement by the OWNER, the CONSULTANT shall
prepare and provide Work Change Directives to the OWNER for approval and issuance to
the Contractor and revise the Contract Documents accordingly.
.
CONSULTANT shall review the Project schedule, schedule(s) of shop drawing submittals
and schedule(s) of values prepared by Contractor and advise and/or recommend in writing
to OWNER concerning their acceptability.
.
Receive notice from Contractor if other work related to the Project by OWNER'S own
forces, by utility owners, or by other direct contractors will involve additional expense to
Contractor or require additional time and promptly advise OWNER in writing.
.
Receive copies of all accident reports submitted by Contractor.
SERVICES RELATING TO ALL PHASES:
OWNER shall provide timely responses and information to maintain the project schedule.
Prompt written notice shall be given by the OWNER to the CONSULTANT if the OWNER
becomes aware of any fault or defect in the project or noncomformities with the contract
documents.
Notwithstanding any other provision of this Agreement, the CONSULTANT and subconsultants
shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure
of persons to hazardous materials in any form at the project site, including but not limited to
asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances.
Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of
and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety measures, precautions and programs including enforcement of Federal
and State safety requirements, in connection with construction work performed by OWNER'S
construction contractors."
ADDITIONAL SERVICES:
The services described below are not included in Basic Services unless so identified previously
in this work order, and they shall be paid for by the OWNER as provided in this agreement, in
addition to the compensation for Basic Services. The services provided below shall only be
provided if authorized in writing by the OWNER.
· Assist OWNER and Contractor in the training of the facility operation and maintenance
personnel with respect to the proper operations, schedules, procedures and inventory
controls for the various Project equipment and systems. Such assistance shall include
assisting OWNER in arranging for and coordinating the instruction and training on
operations and maintenance of the Project's equipment and systems in conjunction with the
various manufacturer representatives. Further, CONSULTANT is to attend all such training
sessions, unless otherwise consented to by OWNER in writing.
COLLIER COUNTY GOVERNMENT CENTER
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· Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy
and at six (6) and eleven (11) months after occupancy. During each facility visit,
CONSULTANT shall observe, troubleshoot and advise in the operation of building systems.
This shall not relieve CONSULTANT of its obligation to make other visits to the facility
based on need should specific issues arise.
· After Contractor provides CONSULTANT with its marked-up "As-Built" drawings and
specifications, CONSULTANT will revise the final approved Construction Documents to
incorporate all "As-Built" information contained in the Contractor's marked-up "As-Built"
drawings and specifications, as well as to reflect all addenda, contract changes and field
changes (sometimes referred to herein as the "Record Documents"). CONSULTANT shall
provide OWNER with one (1) electronic copy on compact disk (CD) of the Record
Documents, two sets of the conformed, signed and sealed drawings and prints, and two
sets of the conformed Project Manual/Specifications signed and sealed. The electronic copy
on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and
bound", and compatible with OWNER'S system Contents of CONSULTANTS Record
drawings are conditioned upon the accuracy of the information and documents provided by
the construction contractor.
· Submit a facility and equipment review schedule to OWNER at the time of substantial
completion. Perform reviews of facilities and equipment prior to expiration of warranty
period(s) to ascertain adequacy of performance, materials, systems, and equipment.
· If more extensive representation at the site than is described is required, the architect shall
provide one or more project representatives to assist in carrying out such additional on-site
responsibilities.
· Making revisions in Drawings, Specifications of other documents when such revision are:
a. inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project Budget.
b. required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents; or
c. due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
· Providing services required because of significant changes in the Project including, but not
limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction.
· Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of
such Work.
· Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor or by failure of performance of either the Owner
or Contractor under the Contract for Construction.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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· Providing documents in connection with public hearing, arbitration proceeding or legal
proceeding except where the Architect is party thereto.
· Providing analyses of the Owner's needs and programming the requirements of the Project.
· Provid:ng financial feasibility or other special studies.
· Providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
· Providing coordination of construction performed by separate contractors or by the Owner's
own forces and coordination of services required in connection with construction performed
and equipment supplied by the Owner.
· Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories
of material, equipment and labor.
· Providing analyses of owning and operating costs.
· Making investigations, inventories of furniture, materials or equipment, or valuations and
detailed appraisals of existing facilities.
· Preparing a set of reproducible record drawings showing significant changes in the Work
made during construction based on marked-up prints, drawings and other data furnished by
the Contractor to the Architect.
· Providing services after issuance to the Owner of the final Certificate for Payment, or in the
absence of a final Certificate for Payment, more than 60 days after the date of Substantial
Completion of the Work.
· Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted interior design practice.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
8
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EXHIBIT B
PROJECT MILESTONE SCHEDULE
1. Upon the Notice to Proceed issued by OWNER, the Schematic Design documents shall
be submitted to OWNER within (5) weeks after the date of such Notice.
2. Upon authorization by OWNER to commence the Design Development service, the
Design Development Documents shall be submitted to OWNER within 6 weeks after the
date of such authorization.
3. Upon authorization by OWNER to commence the Construction Document service, the
Construction Documents will be submitted to OWNER within 6 weeks after authorization
to commence.
3. Bidding phase services are estimated at 3 weeks.
5. Contract Administration Services to be provided in accordance with the terms of the
Construction Contract and the Project Construction Schedule and not to exceed 16
weeks..
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
9
'.<--....".--.'-...---..-....---.--..- """""
16E2
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1
of:
All monthly status reports and invoices shall be mailed to the attention
Mr. Peter Hayden
Senior Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make lump
sum payments to CONSULTANT in accordance with percentage completion per phase, with the
terms stated below. Payments will be made monthly in accordance with the following Schedule
of values.
ITEM LUMP SUM FEE FOR: FEE
1. Schematic Desiqn $ 24,000.00
2. Desian Development $ 28,000.00
3. Contract Documents $ 24,000.00
4. Biddinq $ 5,000.00
5. Contract Administration $ 7,000.00
6. Expenses $ 6,000.00
Total Fee $ 94,000.00
B.2.2. The total fees noted in Section 2.1. shall constitute:
(Ninety Four Thousand Dollars)... .... ................. ....... ... ......... ...... .................$ 94,000.00
to be paid to CONSULTANT for the performance of the Basic Services.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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16E2
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply wittl the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
servIces.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable and such disputed fees do not exceed
10% of the total basic service fees for such services.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally,
the number of the purchase order granting approval for such services shall appear on all
invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
must include the Purchase Order Number and Project name and shall not be submitted
more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
as per Standard Billing Rates and for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
B.3.4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
11
8.3.4.1
Reimbursable Expenses unless negotiated as a component of
additional services must comply with OWNER'S then current
reimbursable expense policy, be charged without mark-up
CONSULTANT, and shall consist only of the following items:
8.3.4.1.1. Cost for reproducing documents that exceed the nu111 L):.:;r of
documents described in this Agreement.
8.3.4.1.2. Mileage outside of Lee and Collier County approving in
writing by OWNER.
8.3.4.1.3. Permit Fees required by the Project.
8.3.4.1.4 Other items on request and approved in writing by the
OWNER.
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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basic or
standard
by the
12
EXHIBIT C
5T AFFING
Key personnel assigned by CONSULTANT to the services under this work order:
· Spillis Candela DMJM
Don Dwore, FAIA
Enrique Macic'l, AlA
Steve Berler
Dean Newberry, !IDA
Lynn Gordon, IIDA
Brigitte Molitor
Key Subconsultants to be assigned to the services under this work order:
· NA
COLLIER COUNTY GOVERNMENT CENTER
COURTHOUSE ANNEX FF&E (4 FLOORS)
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13
16E2
SP!LLlS CANDELA DMJM
Spillis Candela DMJM
BCG DGuQld::; r:'lc'ance, r"orin k\f,ier, )r-"j FloIII, CUrdl Gc;[Jle::;. FlurJ(jd 33134
r 30:)'\44 46C) 1 F 3%,J4 7 :,:-,fH)
F'eter J Splll:S, Ai/I
Hllallo F Candelo, FAIA
~ulio Grabiel, >\1/\
Gu!flprrno Carrf?r3S, /\i;\
LJp,c._: ,-,'I S 1\lee'"
1\'1!Cnaf; Ker-'Nln, /\l/~\
POIll Rr:lndl nld' I
L',',
C>-~_!Z,
[, ~)v/(ire, f/\Lt\
D~~J;-j'l.<, ~"}e/i::)err\
March 6, 2006
Mr. Peter Hayden, P.E.
Senior Project Manager
Department of Facilities Management
3301 Tamari Trail East, Bldg. W
Naples, Florida 34112
RE.: Collier County Parking Garage-Additional Services
SCDMJM Project No. 032113052
Col/ier County Contract 00--3173
Dear Mr. Hayden:
As fol/ow up to our meeting with the Building Department and Fire Code officials, and the
directives issued from Facilities on February 28, 2006, we are submitting this proposal for
Additional Services to provide the design and construction documents for a fully automatic
fire sprinkler system for the Parking Garage.
The zoning review SDP process and the Building Department Permit submittals have been
extremely difficult for the Parking Garage - an open facility with a straight forward structure
and building systems. Our office has been involved in the Building Department Permit review
for over 10 months to date, and we have responded to and resolved all comments with the
exception of the Fire Code issues regarding the fire protection system proposed for the
Garage.
At the beginning of the Building Permit process in early May of last year, I wrote to you
about our concerns regarding these plan review comments. I spoke about how we develop
our design and construction documents and apply all relevant codes in an appropriate manner
for a facility of this type. We have used our best professional judgment in reaching this point,
conforming to what we believe is a reasonable interpretation of the code in order to achieve
meaningful benefits for Collier County in terms of lower construction cost, greater
functionality or ease of construction. However, actually achieving these benefits would
depend on the permitting authority not taking exceptions to our interpretations.
In our two meetings with the Fire Code and Building Department regarding the proposed
standpipe fire protection system, the authorities having jurisdiction have taken the position
that without providing a fully automatic sprinkler system, a complete building permit would
Flonda license AA D;)03298
AN AfCO,i\t1 {()\1f'.,,,,,
16E2
Mr. Peter Hayden
Senior Project Manager
Department of Facilities Management
March 6, 2006
Page 2 of 2
not be issued and a Certificate of Occupancy would never be granted for the facility. In lieu
of the formal appeal process which would at this point cause serious delays to the ongoing
construction, the team has agreed on the necessity to quickly provide the permit documents
for the sprinkler system.
Spillis Candela DMJM will perform the work related to these revisions as indicated in the
attached Labor / Fee spreadsheet. The estimated man hours and resultant proposed fee for
Spill is Candela DMJM to prepare the revised Construction Documents would be $13,980.00
Work under this proposal will be invoiced under Spillis Candela DMJM Project No.
32113052.0011. Please sign and return one original of the attached Additional Services
Authorization Form so that we may begin this work.
Thank You,
Steven P. Berler
Senior Associate
SB/mac.
CC: D.Dwore,
B. Grossinger,
E.Macia
SPILUS CANDELA DMJM
16E2
Spillis Candela & Partners, Inc. d/b/a
Spillis Candela DMJM
800 Douglas Entrance Coral Gables, Florida 33134-3119 305/4444691
Internet EMail: scp@miami.com
FAX 305/4473580
Owner-Architect Additional Services Authorization Form
PROJECT: Collier County Parking Garage
PROJECT NO.: 32113052.0011
DATE OF AGREEMENT: Amend. #1January 14,2003
MODIFICATION DATE: March 6, 2006
PIC: Don Dwore
PM: Steve Berler
EPM: Ron Hunt
The services described below are not included in Basic Services and shall be paid for by the Owner in
accordance with the Owner-Architect Agreement and as stipulated below, in addition to the compensation
for Basic Services:
Preparation of Construction Documents and professional services to provide a fully automatic fire
sprinkler system per directive from the Fire Code officials.
Hourly as per contract terms
Lump Sum
Other TimA _Inn MrlIAri<=Jl!'. pAr
Contract
Change (estimated) in fee as a result of this contingency service modification $ 13.980.00
(If hourly indicate estimated total amount)
Schedule impact *: 0 No
o Yes (Number of weeks
./ Unknown at this time
The services described above shall only be provided if authorized by the Owner's Representative with the
completion and signing of this form.
Please acknowledge your acceptance by signing each original document provided. Retain one original
and return the other original to our office.
Owner's Representative
;:~?f/ ~
(Signature)
(Signature)
(Printed Name and Title)
SIAVAn P RArlAr ~Anior A!'.!'.or.irltA
(Printed Name and Title)
March 6. 2006
(Date)
(Date)
* Downstream impact to later phases of work are not identified at this time. Architect reserves the right to
submit additional costs once impact can be assessed.
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
16E2
PROJECT NAME: Courthouse Annex PROJECT #: 52010 & 52533
BID/RFP #: 00-3173 MOD #: Amendment 6 PO#: 4500002601 & 450024106 WORK ORDER #: N/A
DEPARTMENT: Facilities
Original Contract Amount:
$ 190.000.00
(Starting Point)
Current BCC Approved Amount:
$ 2.351.047.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 2.351.047.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 280.560.00
Revised Contract/Work Order Amount:
$ 2.631.607.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 2.441.607.00
Date of Last BCC Approval 6/28/2005 Agenda Item # 16 E 10
Percentage of the change over/under current contract amount 11.93%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures,
Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: June 2007 CURRENT: January 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner requested a proposal from Spillis Candela to
provide additional services to fit out fourth floor Annex. update stackine plan. furniture specifications and fire
sprinkler desi!!n for parkin!! eara!!e.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional
services will enable the finish in!! of the fourth floor to constructed with the current proiect. The sprinkler system will
provide fire protection for the parkin!! !!ara!!e.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camp. Linda Jackson
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a rnanner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT
APPROVE
Date:
urthouse Annex\Word Files\Contract Mod Checklist Amend 6.doc
PRODUCER
Marsh RIsk & Insurance Services
CA LIcense #0437153
777 South Figueroa Street
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
U
LOS-000211422.17
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CEltTlFICATE HOLDER OTHER THAN THose PROVIDED IN THE
POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AlTeR THE COVERAGE
AFFORDED BY THE POUCIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
6510.AECOM-CAS-2006
SPILL
ABRAC CorGab FL
COMPANY
A ACE American Insurance COmpany
COMPANY
B
INSURED
SPILLlS CANDELA & PARTNERS, INC.
d/b/a SpilUs Candela DMJM
800 DOUGLAS ENTRANCE, 2ND FLOOR
CORAL GABLES, FL 33134
COMPANY
C illinois Union Insurance Company
COLf>ANY
D NATIONAL UNION FIRE INSURANCE CO.
THIS IS TO CERTIFY lHAT POUCIES OF INSURANCE DESCRIBED HEREIN HAVE SEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POUCY PERIOD INDICATED.
NOlWlTHSTANDING NN REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUEO OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXa..UStONS OF SUCH POUClES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE POUCV NUMBER
POUCY EFFECTIVE POUCY EXPIRATION
DATE {MMlDDIYV' DATI! (MMRlD/YY)
04101/06 04101/07
UNITS
GENERAl UABlUTY "HDO G20590695"
COMMERCIAL GENERAl. LlABlLrTY
ClAIMS MADE 0 OCCUR
OWNER'S & CONTRACTOR'S PROT
A
A
AUTOMOBILE UABIUTY "ISA H08222186"
X ANY AUTO
All OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
04/01/06
04/01/07
$
$
$
$
$
$
COMBINED SINGLE UMIT $
2,000,000
4,000,000
2,000,000
2.000,000
1,000,000
5,000
1,000,000
BODILY INJURY
(Per peIllon)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
GARAGE UABIUTY
D EXCESS UABlUTY
"BE 4485278"
04/01/06
04101/07
AUTO ON!. Y - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH A DENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
1,000,000
1,000.000
ANY AUTO
THE PROPRIETOR!
PARlNERSiEXECUTIVE
OffiCERS ARE:
INa..
EXCI..
EON G21654693 002
"'CLAIMS MADe-
04/01/06
04101/07
TORY UMITS
EL EACH ACCIDENT
EL DISEASE-POLICY UMIT $
EL DISEASE-EACH EMPLOYEE $
$1,000,000
PER CLAIM/AGGREGATE
DEFENSE INCLUDED
C
ARCHITECTS & ENG.
PROFESSIONAL L1AB.
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAlITEMS
RE: COLLIER COUNTY ANNEX; RFP #003173.
-SEE PAGE 2-.
~E~;rJ"~lI'~ .
~~~.a~~
( )
.,
".- .
COLLIER COUNTY GOVERNMENT
DEPARTMENT OF FACILITIES MANAGEMENT
ATTN: JACK CROGNALE
3301 EASTTAMIAMI
NAPLES, FL 34112
SHOULD ANY DF TIlE POLICIES DESCRIBED HEREIN BE CANCElJ.ED BEFORE TIll. EXPIRATION DATI. TIlEREOF,
TK! INSURER AFFORDING COVERAGE WLL E~ MAlL ---'5 DAYS WRITTEN NOTIce TO TIlE
ceRTFlCATE HOLDER NAMED HEREIN,
E
MARSH USA INC.
BY: David Denihan
'*''''''''..tWMiI'..
101/06
PRODUCER
Marsh Risk & Insurance Services
CA Ucense #0437153
777 South Figueroa Street
Los Angeles, CA 90017
Attn: Lori Bl}'Son (213)-346-5464
04/01/06
COMPANIES AFFORDING COVERAGE
COMPANY
E
06510 -AECOM-CAS.2006
COMPANV
F
SPill
ABRAC CorGab FL
INSURED
SPllLIS CANDELA & PARTNERS, INC.
d/b/a SpllJls Candela DMJM
800 DOUGLAS ENTRANCE, 2ND FLOOR
CORAL GABLES, FL 33134
COMPANY
G
COMPANY
H
ADDITIONAL INSURED: THE COLLIER COUNTY BOARD OF COMMISSIONERS ARE NAMED AS ADDITIONAL JNSUREDS FOR GL. AL &UMB.
COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.
PRIMARY WORDING: SUCH JNSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY THE COLLIER COUNTY
BOARD OF COMMISSIONERS SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GL, AL & UMB. COVERAGES.
WAIVER OF SUBROGATION IS HEREBY GRANTED IN FAVOR OF THE COLLIER COUNTY BOARD OF COMMISSIONERS FOR Gl, AL & UMB.
COVERAGES.
SEVERABILITY OF INTEREST/CROSS LIABILITY WORDING IS INCLUDED FOR GL, AL & UMB. COVERAGES.
COLLIER COUNTY GOVERNMENT
DEPARTMENT OF FACILITIES MANAGEMENT
A TTN: JACK CROGNALE
3301 EAST TAMIAMI
NAPLES, FL 34112
,......)
"-/
MARSH USA INC. BY
Tt._. ...:
o
PRODUCER
Aon Risk Services, Inc. of Southern Califomia
707 WUshlre Boulevard. Suite 6000
Los Angeles, California 90017
(213) 630-3200
OM
CODE
INSURED
SUB-CODE
Spilis Candela DMJM
800 Douglas Entrance
Coral Gables, FL 33134
ntlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OM. Y AND CONFERS NO
RIGHTS UPON ntE CERTIFICATE HOLOER. THS CERTIFICATE DOES NOT AMEND,
EXTEND OR At TER llfE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
I.I!TTI!R
Insurance Company of the State of Pennsylvania
A
B
C
National Union Fire Insurance Company
COMPANY
LETTER
COMPANY
LETTER
COMPANY
LElTER
D
E
ClJMPANY
LETTER
THIS IS TO CERllFY TliAT POLICIES OF INSURANCE US1ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ll-IE POLICY PERIOD
INDICATED. NOTWITHSTANDING AKY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANcE AFFORDED BY ll-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TtI! TERMS,
EXClUSIONS AND CONDITIONS OF SUCH POLICIES. ll-IE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POliCY NUMBER POUCY EI'I'ECTIVI! PQUCY _TION ALL LIMITs IN ntOUSANDS
LTR DATE (MIND DATe
GENERAL UABILIlY
COMMERCL\I. GENERAL LI.'IBILITY
ctAlMS""'DE OCClJRRalCE
CMtlERS I CONTRACTORS PROTECTIVE
AUTOMOBILE LIABILITY
NrY 1JJTD
M.L CMNE1>AI1TOS
SCHEDULED AUTOS
HlREO AUTOS
NOf+.OWNED MITOS
(l,t,RAGE LIABilITY
EXCESS LlABIUTY
o UMBRELlA FO",,"
o OTHER TJWf UM8~LLA FORM
A
A
B
A
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC471l6252 (AOS)
WC4786253 (CA)
WC4786577 ~I.OH,WA.WY)
WC4786254 (FL)
WC4766576 (OR)
OTHER
DESCRIPTION OF OPERATIONSIl.OCAnONSNEHICLESIRESTRICnONSISPECIAL ITEMS:
Job: Collier County Annex - RFP .003173
A Waiver of Subrogation Is afforded certifICate holder where required by wrillen contract.
Collier County Government
Department of Facilities MallilQement
Attn: Jack Crognale
3301 East Tamlaml Trail
Naples, FL 34112
[t ~;~ ":~~~~.: :;~~:-.:~~~Wi~)1~Wj[!1~~~~t::f~~~j~f:~l~~~f~t[~~h~m~~~~1@~n~j~fN!~t~~~~~!j~~N~:@m~~~~(:~.:;:~::::~;.:..;
OENEIb\L AGGREQr\TE $
PROOVCTSoCOMPlOPS AGGREGATE $
PERSONAl & ADIIERllUIG INJURY $
U>CHOCCIIRRENCE $
FJREIWMOE(AH'fONE FIRE) $
MEDICAL EXPENSe (ANY <>HE PERSON) $
OS!.
IlODIL Y INJURV
(PER PERSON)
BOIlll V INJURV
(PERACCIOENl)
PROPERTY IlMlAGE
4/112006
4/112006
4/1/2006
4/1/2006
4/112006
EACH AGGREGATE
OCCURRENCE
$ S
4/112007
4/112007
4/112007
4/1/2007
41112007
$
$
$
1,000 (EACHACCIOaIT)
1 .000 \IIlSfASE POLICY l.NI1}
1,000 (OISEASE EACH EMPI.<>Yel;)
SC023707
SHOULD AKY OF ntE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE ntE
EXPIRATION DATE THEREOF. THE ISSUING cOMPANY WlLL~MAJL
~ DAYS WRITTEN N011CE TO THE CERTIFICATE HOLDER NAMED TO THE Lt:FT.
S.
AUTHORIZED REPRESENTATIVE
~ ~.s~ ~ :tJ:.s~ ,t7~1.~~
'FE~trm~;~m;1~~J:~H~f:~~~@~i~~~~ft~fJ..r:~~~~~~~?f::~a....~ :.. ,,~:. ,,,~,.:.~...~~....~.,tw_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to onginal doculTIent Original doculllents should he hand delivered to the Hoard Otllcl'1 he cOlllpkted routing slip and original
dncuITIl'nts arl' tn he f~lI'wardl'd tn thl' Board (ltlicc only after thl' Hnard has taken action nn 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 througIJ 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. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Marlene F oord Phone Number 774-8971
Contact
Agenda Date Item was 5/9/06 Agenda Item Number ~ fIR C3
Approved by the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 5/9/06 (enter date) and al\ changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, jf a Iicable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
{VI5F
r-Jlfr
M:JF
Mrf
C'Y1,t
rnJ<"
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
May 10, 2006
To:
Marlene Foord, AICP
Grants Coordinator
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Driver Education Grant with Collier County
And District School Board of Collier County
Please find one (1) copy of the above referenced document
(Agenda Item # 16E3) which was approved by the Board of
County Commissioners on Tuesday, May 9, 2006.
I have also included per your request, one (1) certified
copy for the School Board.
If you should have any questions regarding this document,
please feel free to call me at 732-2646, ext. 7240.
Thank you.
Enclosure(s)
-if E. '..3
~
).J
16E3
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:
Amendment No. 01 to Agreement Between Collier County and
District School Board of Collier County for Driver Education
Grant
As approved on the May 9, 2006 Board of County
Commissioners Meeting, Item #16E3.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
.C.rl'L n~
ID1 ~~t:6Jt?.D-As}Y I ~(
By: Teresa Dillard,
Deputy Clerk '.
, 1\
l~ ,,~, r
v ~:~
AMENDMENT NO. 01
TO AGREEMENT BETWEEN COLLIER COUNTY
AND DISTRICT SCHOOL BOARD OF COLLIER COUNTY
FOR DRIVER EDUCATION GRANT
Oft--
This AMENDMENT NO. 01, entered into this /-
day of tvlt1 :J-' 2006 to that
Agreement dated July 21, 2005 between Collier County, a political subdivision of the State of
Florida, located at 3301 Tamiami Trail E., Naples, Florida 34112, ("COUNTY") and the District
School Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109,
("SCHOOL BOARD)."
WHEREAS, the Agreement specifies that it can be extended for consecutive years with
reference to each new project as identified in the Application Form for the respective fiscal year,
with program changes reflected in the respective Amendment to the Agreement; and
WHEREAS, renewal of the Agreement must be approved by the Board of County
Commissioners and the School Board; and
WHEREAS, the SCHOOL BOARD continues to expend funds from the 2005 Driver
Education Grant Program that has an end date of June 30, 2006, and the SCHOOOL BOARD
has not yet submitted its final report for this fiscal year, but has submitted the required "interim
project synopsis" which synopsis is determined to be sufficient by COLLIER COUNTY; and
WHEREAS, the SCHOOL BOARD has responded as the sole applicant to the 2006
Driver Education Grant Program Request for Proposals that was sent to the District School
Board and all non-public high schools listed in the Driver Education Grant Program; and
WHEREAS, this Amendment Number 1 is consistent with the requirements of the
Agreement, the Ordinance and the requirements of the Driver Education Grant Program.
NOW, THEREFORE, the Parties agree follows:
I. AVAILABILITY OF FUNDING
1
"r
#
;;:.i",,-
16E3
Total funding available in the Driver Education Trust Fund, as of February 1, 2006, was
$150,646 (Funds). Additional surcharges continue to be collected and will be available for the
2007 Driver Education Grant Program cycle.
II. USE OF FUNDS
The SCHOOL BOARD has requested $148,087 of the available funding and agrees that: (1) the
SCHOOL BOARD will use the $148,087 solely for eligible direct education expenses, which
includes purchase of goods and services including driver education course materials, vehicles to
be used exclusively for driver education programs, driver simulators, and salaries of driver
education instructors; (2) the SCHOOL BOARD will not use the Funds for administrative
expenses; and (3) the SCHOOL BOARD will not use the Funds to supplant already existing
funds; and (4) the SCHOOL BOARD will comply with all additional Ordinance terms and
requirements concerning the use of funds, attached as Exhibit A.
III. PROJECT
The SCHOOL BOARD agrees that it will only implement the project as represented in its
Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education
Grant Program, attached as Exhibit C. The project will provide additional driver education
teachers and additional substitute driver education teachers, supplies, and more equipment and
fuel/maintenance than the previous Project.
IV. UNSPENT 2005 FUNDING
The SCHOOL BOARD maintains that funds in the approximate amount of $45,000 from the
2005 Driver Education Grant Program cycle shall not be spent by the end of that project time
frame. Although the Grant Program guidelines implies that monies disbursed, but not spent at
the end of the respective project's time frame, are to actually be returned to the Trust Fund for
disbursement the next following project year, but the applicant for the 2006 Grant Program cycle
2
1 ,1" ...'~..
. t:\, f~'-"
"'~ .~. ~
is the same applicant and the project is similar, whereby COLLIER COUNTY deems it to be
pointless to return the unexpended funds 2005, and those funds should be carried forward into
the 2006 project. The final 2005 report that will be presented to the Board of County
Commissioners following the end of the 2005 project time period will indicate the exact
monetary amount of 2005 funds carried forward into the 2006 project. Use of the unexpended
2005 funding shall be included in the SCHOOL BOARD'S Final 2006 Report that will be
presented to the Board of County Commissioners following the end of that project time period.
V. PROJECT TIME FRAME
The SCHOOL BOARD has represented in its Application that the project will begin on June 1,
2006 and will end no later than June 1,2007.
VI. ORIGINAL AGREEMENT IS NOT AMENDED EXCEPT AS EXPRESSLY
SPECIFIED IN THIS AMENDMENT NUMBER ONE.
All other aspects of the Agreement remain unchanged except to the extent expressly amended by
this Amendment Number 1.
I{
KATHLEEN CURATOLO, Chairman
-,.\.l....-.
ATTEST: . '.
pWIGut R J3
, .
, \ . C.
BOARD OF COUNTY COMMISSIONERS
OF COLL ~.RCO~RIDA
By: .;~ ~ _
~ ---
FRANK HALAS, ChaIrman
s~t~l~ ~~~.'
.'{ '.' '..;"'"
Apprmietl"<ls to form and legal sufficiency:
TOMP~~~
Assistant County Attorney
School Board Attorney Review
J24;/~ 4./lf: (')hl
3
i _. tl.c,,::~;,,:l:'l
': . 'J" c<U
I ~ [iate
d
i i Co'le
.II F'ec'd
" I
I
L
Item # J fe, b..?
~ft;J~)
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AN ORDINANCE OF THE BOARD OF COUN~::
COMMISSIONERS OF COLLIER COUNTY, FLORIDiiS~ 0
PROVIDING FOR FUNDING FOR DRIVER EDUCA TlolQI"'1 '='
PI{OGRAMS IN COLLIER COUNTY'S PUBLIC ANI>
I)IUV A TE 111GB SCHOOLS; PROVIDING FOR FINDINGS
OF FACT AND PURPOSE; PI{OVIDING FOR
COLLECTION OF SURCHARGE; PROVIDING FOR
DISTRIBUTION OF FUNDS COLl~ECTED; PROVIDING
FOR EXPENDITURE AND MANAGEMENT OF FUNDS
BUDGETED; PROVIDING FOR CONSTRUCTION;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
ORI>INANCE NO. 2003---3.L
1 6 E' ~;~'
.,...'"
...~ ~
:=~~ f:~
~ ......
II
,
...-
.71
_~::J
WHEREAS, Section 318.1215 of the Florida Statutes, entitled "Dori Slosherg Driver
Education Safety Act," authorizes the Collier County Clerk of the Circuit Court ("Clerk") upon
the adoption of an ordinance by the Board of County Commissioners to collect an additional
three dollar ($3.00) surcharge on all civil traffic penallies in County Court to he used to fund the
direct education expenses of traffic education programs in both public and non-public high
schools; and
WHEREAS, the Board of County Commissioners of Collier County, Florida deems it
Ordinance to collect a surcharge to supplement already existing driver education funds.
appropriate and in the best interest of the public health, safety and welfare to adopt this
,
Collier,County, Florida that:
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
SECTION ONE: TITLE AND CITATION
SECTION TWO: FINDINGS OF FACT AND PURPOSE
This Ordinance shall be known as the "Dori Slosherg Driver Education Ordinance."
(I) The U.S. Department of Transportation's National Highway Traffic Safety
Administration studies reveal that a significant percentage of young drivers are involved in
traffic crashes and IIrc twice as likely as adult drivers to be in a fatal crash and that the problems
skills.
contributing 10 Ihcse higher crush rules include driving inexnerience LInd lilCk of llC ~lIute dr!ying
EXHIBIT
I-A-
1 of 4
l/
,
.
(2) There is information indicating that not all eligible high school students in Collier
County are given the opportunity to participate in driver education programs.
(3) Due to the high demand and importance of driver education programs, existing
programs need to be expanded and additional programs crellted.
(4) The Board of County Commissioners is authorized by ~ 318.1215 Fla. Stat. to
enact an ordinance authorizing the Clerk to collect a three dollar ($3.00) surcharge on all civil
traffic penalties in County Court to be used to fund the direct education expense~ of traffic
education programs in both public and non-public high schools.
SECTION THREE: COLLECfION OF SURCHARGE
(I) Pursuant to ~ 318.1215 Fla. Stat., a three dollar ($3.00) surcharge shall be added
by the Collier County Court against every person who pleads guilty or nolo contendere to, or is
convicted of, regardless of adjudication, a moving or non-moving civil traffic violatio!l.
(2) The three dollar ($3.00) surcharge shall be in addition to any fine, civil penalty or
other court cost and will not be deducted from the proceeds of that portion of any fine or civil
penalty which is received by Collier County in accordance with U 316.660 and 318.21 Fla. Stat.
(3) The three dollar ($3.00) surcharge shall be specifically added to any civil penalty
paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid
after hearing and determination by the court.
SECTION FOUR: DISTRIBUTION OF FUNDS COLLECfED
(I) The Clerk shall collect the three-dollar ($3.00) surcharge in accordance with
A 318.1215 Fla. Stat.
(2) All funds collceted pursuant to this Ordinance shall be used for the exclusive
purpo~ of funding driver education programs, and shall be deposited into a special trust fund to
be used to exclusively fund the direct education expenses of traffic education programs in both
public and non-public high schools.
(2) All funds collected shall be used exclusively to supplement funding for direct
education expenses of traffic education programs in both public and non-public high schools.
(3) Direct educational expenses are incurred for the purchase of goods and services
including, but not limited to, driver education course materials, vehicles exclusively used for
driver education programs, driver simulators, and salaries of driver education instructors and
shall not include administrative expenses.
20f4
;-j
..
.',
SECTION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED
(I) The County Munager, or his designee, with direction from the Board of County
Commissioners, in accordance with ~ 318.1215 Fla. Stat., and with the budget adopted by the
Collier County Board of Commissioners, shall have the authority to provide for the expenditure
of funds remitted to the traffic education program.
(2) Procedures for disbursement of the funds collected pursuant to this Ordinance
shall be developed by the County Manager. or his designee, and approved by the Board of
County Commissioners.
(3) In order to receive funds, the eligible public and non-public high schools must
make application for funds and receive approval by Collier County in accordance with the
program procedures established by the County Manager and must execute an acceptance
agreement, acknowledging that funds received shall be used ex.clusively by the recipient for
direct educational ex.penses for driver education programs and shall not be used to replace funds
received from existing sources.
(4) Monies that have not been disbursed at the end of each fiscal year shall be
retained for disbursement in the subsequent fiscal yeur(s), as appropriate.
SECTION SIX: CONSTRUCTION
(2) This Ordinance is to be construed in accordance with t 318.1215 Fla. Stat., as it
may be amended or replaced.
SECTION SEVEN: 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
invali~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 EIGHT: 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 Ordinance may be renumbered or
re-Ieuered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
, .
3 of 4
t1~
......
16E3
SECfION NINE: EFFECTIVE DATE
A certified copy of this Ordinance shall be filed with the Department of State by the
Clerk of the Board of Collier County Commissioners after adoption by the Collier County Board
of Commissioners, and shall take effect and be implemented ninety (90) calendar days from the
date of said filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Zq ~ay of ~l... ';! , 2003.
", "~,,'I UI:U~"""I
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"'(1;, . G::;X~e,.,'" ,\,\..~ ..
Approve6IBltltQl~\1n and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COL~OUNT ,FLOR~A
By: ::J'(j1--
Tom Henning, Chairman
This ordinance tiled with the
~Ory of itate's Office the
day of tfI.l,gL&SI, ~~l'\ ~
and acknowledgement of that
filing received ~hJ.s_ -J.J..!!!!. day
ofJlLt..~
BY- ~ f\' ...,g,J
Dop"", loR
\;}(lB~ . ~
Jennifer A. B edio
Assistant Coun y Attorney
h:JAB\DriverEdOrd
,
\
,
,
40f4
Apptlcation Form - Collier County Driver Education Grant Program
.~ .".,
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COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM
Application Form
Deadline March 31, 2006
GENERAL INFORMATION
Applicant Name: District School Board of Collier County
Address: 5775 Osceola Trail Naples, Florida 34109
Phone Number: 239-377-0128
Contact Person: Debra Ogden
Contact Phone Number, including extension (if different from above):
Email Address:ogdende@collier.kI2.f1.us
Type of High School (check one) X--Public High School
Non-Public High School
BACKGROUND INFORMATION
1. List participating high school (s), address, phone number and campus contact information (if different than above).
Barron Collier, Gulfcoast, Lely, Naples, Golden Gate, Palmetto Ridge, Everglades, lmmokalee
2. Brief project description. (Provide more detailed description on following pages).
Summer School Driver Education Program for high school credit for both Public and Private School Students
Equipment for year round Driver Education Programs
3. Approximate number of students eligible for driver education. 8000
4. Approximate number of students to benefit frorn the project. 5000
5. Anticipated project start and end dates. Start: _C,JJJ D (0
End: &.~t I / ^ 9-
(
6. Total funds requested. $
$148,087.00
7. Total number ofhilZh school students (lITades 9-12) on Seotember 1 sl oforevious vear.
12.000
I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and
will no nt normally budgeted funds for driver education.
ict Official
EXHIBIT
Authorized ig
;3[n[oL:,
Date
I
e
Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples,
Florida 34112
Re: Driver Education Grant Program Page 1 of 3
AppLIc:uLiufl Furm - Cullier CuunLy Driver Educ:uLiun Grant Prugram
16E3
CURRENT DRIVER EDUCATION PROGRAM DESCRIPTION
Describe the existing driver education program. If none exists, indicate such and explain why.
The Driver Education program exists in all of Collier County Public High Schools. At each school, a certified Driver
Education teacher is responsible for the instruction of the class. Many of the teachers are assigned an aide for part of
the school year to enable the teacher to take students "behind the wheel." The two new high schools have computer
based simulation for classroom lessons and the other high schools, with the exception of Everglades City Schools, they
have theater based simulation. The programs consist ofthe following components: Road, Range, Simulation, and
Classroom. This increased funding will allow for additional equipment, computer-based simulators, teacher and
assistant time. The goal of the program is to achieve the National Driver Education Standards and serve as third party
tester for the State Depaliment of Motor Vehicles (DMV). Driver Education teachers can issue written and road test
waivers to their students upon proven documented competencies established by the DMV.
The initial project will include providing a, free summer school driver education program for public and private school
students. In addition, the funds will be used for new equipment, supplies and additional fuel/rnaintenance for the
regular school year and summer programs.
PROPOSED PROGRAM/PROJECT
Describe the proposed program or project.
The district's initial project will include two summer school sites for Driver Education for both private and public
school students. Three or four teachers will work at each site, at their hourly teaching rate and funding will be used to
provide new supplies & new equipment to provide equity for all programs within the district.
Suhmil nnp. nrifinal and twn ('.n[>ip.s In !.nl!iP.r !.mmty errrmts rnnrninnlnr Arlmini~lrntivp Spndrp<. RlrIg n. i in' Tnm;nm; Trn;f PM!, IITn['f",<,
Florida 34112
Re: Driver Education Grant Program Page 2 00
, Application Form - Cullier CUUrtty Driver EdUl.:atiufI Grant Program
1.., f 11""- ":'
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PROGRAM/PROJECT BUDGET
List all budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services,
materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver
education programs. Eligible direct education expenses include the purchase of goods and services, including, but not
limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators,
and salaries of driver education instructors. Administrative expenses are not elirdble for v-ant funding.
Budf!et Item Associated Cost
Salary and Benefits
8 Driver Education Teachers for Summer Program/2005 $52,087
Additional Substitute Days during the school year/1 per school $25,000
Supplies $5,000
Equipment $30,000
Fuel/Maintenance $36,000
TOTAL $148,087.00
BUDGET NARRATIVE
The budget narrative should justify the direct costs associated with the program/project, including the necessity,
reasonableness, and eligibility of all costs proposed in the above budget.
S Driver Education Teachers for Summer Pro2ram/3 teachers per site at two sites/Additional Substitutes
Collier County no longer funds a comprehensive summer school prograrn. Driver Education is recognized as the
number one elective in the state. However, students in advanced classes, specialized programs, and/or students
enrolled in private school may not have the opportunity to include Driver Education in their schedule due to the rigor
of their course work. This summer prograrn gives students the opportunity to be properly trained in Driver Education
and is vitally important as motor vehicle crashes are the number one killer of adolescents. The teachers will be paid
their own hourly rate. Each school needs additional substitute time during the school year to allow for more behind
the wheel time.
New Supplies
The updated list of new supplies includes: updated videos, technological applications, paper, curriculum materials,
etc.
New Equipment
In order to be in compliance with the new DMV third party tester contract, each school site must have an established
and approved road test course. The district will purchase cones and road signs and rnarkings.
Additional Fuel/Maintenance
In order to provide a quality summer program, the district must provide the behind-the-wheel component of the course.
This also requires additional fuel for the vehicles and increased maintenance costs.
Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples,
Florida 34 J J 2
Re: Driver Education Grant Program Page 3 of 3
Program Description - Collier County Driver Education Grant Program
16E3
COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM
GENERAL PROVISIONS
Collier County has created the Collier County Driver Education Grant Program under the authority of
Section 318.1215 ofthe Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This
act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to
collect a three dollar ($3.00) surcharge on all moving and non-moving civil traffic infractions, except
infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of
driver education programs in both public and non-public high schools.
The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best
interest of the public health, safety and welfare to adopt Ordinance No. 2003-39 to collect this surcharge
to supplement driver education funding and, as such, to create a grant program to manage and disburse the
funds appropriately. Funds collected will be deposited into a special trust fund established specifically for
these funds. The County Manager, or designee, will request a quarterly report of these funds from the
Clerk of Courts.
By February 1 of each year, the County Manager, or designee, will mail a letter to the School District
contact and to each non-public high school indicating the provisions of the grant program and indicating
an approximate funding level for that year.
USE OF FUNDS
All funds collected will be used exclusively to fund the direct expenses of driver education programs in
both public and non-public high schools in Collier County. Eligible direct education expenses include the
purchase of goods and services, including, but not limited to, driver education course materials, vehicles
exclusively used for driver education programs, driver simulators, and salaries of driver education
instructors. Administrative expenses are not eligible for grant funding. Furthermore, based on the
legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds
to a new driver education program as long as the funds are used for the direct expenses of the new
program and there is no supplanting of already existing funds.
Funds will be apportioned based on the total number of high school students (grades 9-12) enrolled as of
September 1 of the previous year, beginning in 2003
The application period will be March 1 - March 31 of the following year with funding based on
collections through February 1 of each year, beginning in 2004. Each applicant will be required to report
on the application the number of eligible students as of September 1 of the previous year.
The apportionment of funds will be adjusted annually based on the number of students reported on each
application, or in the case that no applications are submitted, by the County Manager, or designee, every
three (3) years to reflect changes in number of eligible students due to growth and other changes affecting
high school populations.
EXHIBIT
j c.
Program Description - Collier County Driver Education Grant Program
16E3"
Example:
High School # of eligible 9-12 grade Available Funding per
students as of 911/03 Funding High School
School Board 500 $100,000 $90,909
Non-Public High Schools (tbd) 50 $9,091
NOTIFICATION PROCESS
By February1 of each year, the County Manager, or designee, will mail a letter to the School District
contact and each non-public high school providing notification of the grant program provisions, deadline
for applications and an estimated funding level for that year. The following contact information will be
used and may be amended as new non-public high schools are formed or as contact information changes:
District School Board of Collier County
Deb Ogden, Driver Education Coordinator
5775 Osceola Trail
Naples, Florida 34109
Seagate Christian School
Glenn Wiggins, Principal
1010 Whippoorwill Lane
Naples, Florida 34105
Community School of Naples
Gene Rochette, Upper School Dean of Students
3251 Pine Ridge Road
Naples, Florida 34109
Saint John Neumann High School
Laura Campbell, Principal
3000 53rd Street Southwest
Naples, Florida 34116
SUB MITT AL PROCESS
The application cycle will be open from March 1 - March 31 of each year. All applicants must submit an
application for funding, using the application form provided, signed by the authorized official such as the
school principal for private schools or the superintendent of schools for the
District School Board of Collier County. Applications will include:
1) Applicant name and contact information,
2) Names and addresses of high schools to benefit,
3) Name, phone number, email and mailing address of contact person,
4) Current program description, including total cost of current program,
5) Intended use of funds/project description,
6) Number of eligible students,
7) Expected time frame for project,
8) Budget for proposed project, and
9) Certifications (funding direct costs only, non-supplanting requirement).
In subsequent years, proposals must provide a brief synopsis of the project or program funded in the
previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days
of completion of each project.
2
Program Description - Collier County Driver Education Grant Program
All applications must be received on or before March 31 of each year at the following address:
1 ?, r"
:~ \}.....;: Ll.....
Collier County Grant Coordinator
Re: Driver Education Grant Program
3301 Tamiami Trail East
Naples, Florida 34112
EVALUATION PROCESS
Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure
completeness and eligibility. The County Manager, or designee, may work with the designated contact to
obtain additional information or clarification as necessary in the approval process.
ApPROVAL AND A WARD PROCESS
Following the review of each proposal, the County Manager, or designee, will coordinate with the project
contact and the County Attorney's office to prepare a contractual agreement for each project. Each
contractual agreement will then require approval by the Board of County Commissioners. Each
agreement will acknowledge that funds received will only be used for direct educational expenses for
driver education programs and will not supplant existing funding sources. Each agreement will also
stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end
of the project or termination of the grant period (whichever comes first). Agreements will also contain
provisions for the County to have the right to audit the paperwork and project.
DISBURSEMENT OF FUNDS
Funds will be disbursed within 45 days following the Board of County Commissioners approval of the
contractual agreement.
Example:
Ste 2 (within 45 days)
Funds Disbursed
Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the
following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time
frame shall be returned to the Trust Fund for disbursement in the following year.
PROJECT REVIEW
Within 90 days following completion of the project or termination of the grant period (whichever comes
first), a final report must be submitted to the County Manager, or designee, which outlines how the funds
were used and includes copies of invoices and checks and any other documentation of expenditures and
verifies that the funds supplemented, but did not supplant existing funds. Failure to provide this report
would constitute breach of contract and would affect an agency's eligibility for future funding.
3
ITEM NO.:
'_,I }_ Q~TF ,_RECEIVED:
" , .__..... "",I I rlL. ~
\;OUf~TY ATTOHNE\( 1 6 F 1
0"- f~c- a?fSbZOO&MAY 19 At11i: 0 I
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: May 18, 2006
To: Office of the County Attorney
Attention: Robert Zachary
From: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 06-3902 "Fixed Term Professional Engineering Services
for Coastal Zone Management Projects"
Contractor: Coastal Planning & Engineering, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 9, 2006; Agenda Item
16 (F)1.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
cC/~~
'5 ... 'Z-- '2
cc: Gary McAlpin, Tourism
MEMORANDUM
TO:
.) ~ 0\.1
Sheree Mediavilla OV ~
Risk Management Department <f \1 ·
Lyn M. Wood, C.P .M., Contract Specialist
Purchasing Department
DA TE RF
-,CEIVtD
MAY 11 2006
RISK. ML"-""
'f#"1IYAGEHENT
FROM:
DATE:
May 18, 2006
RE: Review of Insurance for Contract: 06-3902 "Fixed Term
Engineering Services for Coastal Zone Management Projects"
Contractor: Coastal Planning & Engineering, Inc.
This Contract was approved by the BCC on May 9, 2006; Agenda Item
16(F)1.
Please review the Insurance Certificates for the above-referenced contract
behind the orange tab. If everything is acceptable, please forward to the
County Attorney for further review and approval. Also, will you advise me
when it has been forwarded. Thank you. If you have any questions, please
contact me at extension 2667.
dod/LW
cc: Gary McAlpin, Tourism
16Fl
Division of Corporations
Page 1 of3
16Fl
Florida Profit
COASTAL PLANNING & ENGINEERING, INC.
PRINCIPAL ADDRESS
2481 NW BOCA RATON BLVD.
BOCA RATON FL 33431 US
Changed 01/24/1994
1...________._._.__
MAILING ADDRESS
2481 NW BOCA RATON BLVD.
BOCA RATON FL 33431 US
Changed 01/24/1994
Document Number
G78775
FEI Number
592388327
Date Filed
01/16/1984
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
AMENDMENT
Event Date Filed
04/13/2005
Event Effective Date
NONE
r~~'
R .t
dA
t
egIS ere 1gen
I Name & Address I
MEHOK, fRANK P JR
610 E. ATLANTIC AVE
DELRA Y BEACH FL 33483
I Name Changed: 06/26/1987 I
I Address Changed: 10/15/1999 I
Officer/Director Detail
I Name & Address II Title I
CAMPBELL, THOMAS 1. D
3016 NE 33RD ST
LIGHT HOUSE P01NT FL 33064
I BEUMEL, NORMAN H. I~
2884 SW 13 DRIVE
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =07877 5&n2=NAMFWD&n3=0... 5/9/2006
Division of Corporations
Page 2 of3
I DEERFlELD BCH. FL II I
SPADONI, RICHARD H. D
100 SW 13TH A VENUE
BOCA RATON FL
ANDREWS, JEFFREY D
630 NW 7TH A VENUE
BOCA RATON FL 33486
KREUMPEL, CRAIG D
22300 SANDS POINT DRIVE
BOCA RATON FL 33433
16 Fl.
A lR
nnua eports
I Report Year II Filed Date I
I 2004 II 03/11/2004 I
I 2005 II 02/28/2005 I
I 2006 II 01/23/2006 I
Yi~F_Event~
Vi~~ N~m~lli~tQry
Document Images
Listed below are the images available for this filing.
01/23/2006 -- ANN REP/UNIFORM IlU~REP
04/13/2005 -- Amendment
02/28/2005 -- ANN REP/UNIFORM BUS REP
QJiI1/2004 -- ANN REP/UNIFORMJiU~ REP
03( I 0/2003 -- Am~ndment
01/10/2003 -- COR - ANN REP/UNIFORM BUS REP
02/17/2002 -- ANN REP/UNIFORM B!l~REP
01/30/2001 -- ANN REPLUNIFORM BUS REP
01/21/20QO -- ANN REe!UNIFORM 8USKEE
04/15/1998 -- ANNUAL REPORT
01/23/1997 -- ANNUAL REPORT
02/21/1996 -- 1996 ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?a 1 =D ETFIL&n 1 =G 7877 5&n2= N AMFWD&n3=0... 5/9/2006
MEMORANDUM
Date:
May 22, 2006
TO:
Lynn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Dillard, Deputy Clerk
Minutes and Records Department
Re:
Contract 06-3902; "Fixed Term Engineering Services for
Coastal Zone Management Projects"
Contractor: Coastal Planning & Engineering, Inc.
Enclosed are three (3) original documents, as referenced above (Agenda
Item #16FI) approved by the Board of County Commissioners on Tuesday,
May 9, 2006.
The Finance Department and Minutes & Records Department have retained
a copy.
If you should have any questions, you may contact me at 732-2646 ext
7240.
Thank you,
Enclosures (3)
16[=-1
16Fl
Contract 06-3902
Fixed Term Professional Engineering Services for Coastal Zone Management
Projects
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this qft.. day of ;V(C( ~
2006, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or
"OWNER") and Coastal Planning & Engineering, Inc., authorized to do business in
the State of Florida, whose business address is 2481 N.W. Boca Raton Boulevard,
Boca Raton, Florida 33431 hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT costal zone management projects services expeditiously when a
need arises in connection with a Collier County coastal zone management project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive
Negotiation Act), makes provisions for a fixed term contract with a firm to provide
professional services to a political subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional CONSULTANT
A-1
16Fl
coastal zone management projects services on a fixed term basis as directed by
OWNER for such projects and tasks as may be required from time to time by OWNER.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter
provided, CONSULTANT shall provide to OWNER professional CONSULTANT coastal
zone management projects services (hereinafter the "Services") as herein set forth.
The term "Services" includes all Additional Services authorized by written Amendment
as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall
be in conformance with the scope of services, which shall be described in a Work Order
issued pursuant to the procedures described herein. The form of the Work Order is set
forth in attached Schedule A. Reference to the term "Work Order" herein, with respect
to authorization of Services, includes all written Amendments and Change Orders to
any particular Work Order. CONSULTANT acknowledges and agrees that each
individual Work Order shall not exceed $90,000 unless otherwise approved in writing by
the Board of County Commissioners, and that the total initial compensation for all Work
Orders issued under this Agreement shall not exceed $500,000 annually, unless
otherwise approved in writing by the Board of County Commissioners of Collier County.
A-2
". --.--.---.-...- - ""~-'-'-'''''''-~--~-''-~'-----'''_.'"-'--'''''--' p
16Fl
1.2.1 All Services must be authorized in writing by OWNER in the form of a
Work Order. CONSULTANT shall not provide any Services to OWNER unless and to
the extent they are required in a written Work Order. Any Services provided by
CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and
OWNER shall have no liability for such Services.
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to
provide pursuant to the terms of this Agreement, OWNER shall request a proposal from
CONSULTANT for such Services, said proposal to be in compliance with the terms of
this Agreement. If the parties reach an agreement with respect to such Services,
including, but not limited to the scope, compensation and schedule for performance of
those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both parties
are in agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to
promptly provide the Services required thereby, in accordance with the terms of this
Agreement and the subject Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and
frequency of the Services shall be determined solely by OWNER and that OWNER
does not represent or guarantee unto CONSULTANT that any specific amount of
Services will be requested or required of CONSULTANT pursuant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER
under this Agreement or any Work Order, or to obligate OWNER in any manner or way.
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1.2.6 All duly executed Work Orders (including all written Amendments and Change
Orders thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
Services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such Services, it shall employ and/or retain only
qualified personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates Thomas Campbell, P.E. as its Principal in Charge
(hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate
CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S
project coordinator for the Services to be provided under that Work Order (hereinafter referred
to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act
on behalf of the CONSULTANT with respect to directing, coordinating and administering all
aspects of the Services to be provided and performed under the Work Order. Further, the
Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters
arising out of or relating
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to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT under the Work Order.
CONSULTANT further agrees that the Principal in Charge and Project Coordinators
shall not be removed by CONSULTANT without OWNER'S prior written approval, and if
so removed must be immediately replaced with a person acceptable to OWNER.
1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from Owner to promptly remove and replace the Principal in Charge or any
Project Coordinator, or any other personnel employed or retained by the
CONSULTANT, or any subconsultants or subcontractors or any personnel of any such
subconsultants or subcontractors engaged by the CONSULTANT to provide and
perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made with or without cause. Any
personnel so removed must be immediately replaced with a person acceptable to
OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and
experience in the type of professional coastal zone management projects services
that will be required under this Agreement. The CONSULTANT agrees that all services
to be provided by CONSULTANT pursuant to this Agreement shall be subject to the
OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with
all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of
any governmental agencies, including the Florida Building Code where applicable,
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which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of any design documents in no way relieves CONSULTANT of its obligation to
deliver complete and accurate documents necessary for successful completion of the
Services required under the subject Work Order.
1.8 CONSULTANT agrees not to divulge, furnish or make available to any third
person, firm or organization, without OWNER'S prior written consent, or unless incident
to the proper performance of the CONSULTANT'S obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been properly
subpoenaed, any non-public information concerning the Services to be rendered by
CONSULTANT hereunder, and CONSULTANT shall require all of its employees,
agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such
subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic
area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or
DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90).
The drawings should either reference specific established Survey Monumentation, such
as Certified Section Corners (Half or Quarter Sections are also acceptable), or when
implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided
by OWNER. Information layers shall have common naming conventions (i.e. right-of-
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way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by Owner through an Amendment or Change Order to a Work
Order, CONSULTANT shall furnish or obtain from others Additional Services beyond
those Services originally authorized in the Work Order. The agreed upon scope,
compensation and schedule for Additional Services shall be set forth in the Amendment
or Change Order authorizing those Additional Services. With respect to the individuals
with authority to authorize Additional Services under this Agreement, such authority will
be as established in OWNER'S Administrative Procedures in effect at the time such
services are authorized. Except in an emergency endangering life or property, any
Additional Services must be approved in writing via an Amendment or Change Order to
the subject Work Order prior to starting such services. OWNER will not be responsible
for the costs of Additional Services commenced without such express prior written
approval. Failure to obtain such prior written approval for Additional Services will be
deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and
(ii) an admission by CONSULTANT that such Work is not additional but rather a part of
the Services originally required of CONSULTANT under the subject Work Order. If
OWNER determines that a change in a Work Order is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment or Change
Order shall be issued to document the consequences of the changes or variations,
provided that CONSULTANT has delivered written notice to OWNER of the emergency
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within forty-eight (48) hours from when CONSULTANT knew or should have known of
its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under the subject Work Order.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate in writing a project manager to
act as OWNER'S representative with respect to the Services to be rendered under the
Work Order (hereinafter referred to as the "Project Manager"). The Project Manager
shall have authority to transmit instructions, receive information, interpret and define
OWNER'S policies and decisions with respect to CONSULTANT'S Services under the
Work Order. However, the Project Manager is not authorized to issue any verbal or
written orders or instructions to the CONSULTANT that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
(a) The scope of Services to be provided and performed by the
CONSULTANT as set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and
complete all such Services as set forth in the Work Order; or
(c) The amount of compensation the OWNER is obligated or
committed to pay the CONSULTANT as set forth in the Work
Order.
3.2 The Project Manager shall:
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(a) Review and make appropriate recommendations on all requests
submitted by the CONSULTANT for payment for services and work
provided and performed in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as
to OWNER'S requirements for the Services specified in the Work
Order, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and
any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by
placing at CONSULTANT'S disposal all available information in the
OWNER'S possession pertinent to the Services specified in the
Work Order, including existing drawings, specifications, shop
drawings, product literature, previous reports and any other data
relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to
enter the site (if any) set forth in the Work Order to perform the
Services to be provided by CONSULTANT under the subject Work
Order; and
(e) Provide notice to CONSULTANT of any deficiencies or defects
discovered by the OWNER with respect to the Services to be
rendered by CONSULTANT hereunder.
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ARTICLE 4
TIME
4.1 Attached to each Work Order shall be a computer generated bar graph time
schedule ("Schedule") for the performance of the Services required under the subject
Work Order. Said Schedule shall be in a form and content satisfactory to OWNER.
Services to be rendered by CONSULTANT shall be commenced, performed and
completed in accordance with the Work Order and the Schedule.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion
of the Services as a result of unforeseeable causes beyond the control of
CONSULTANT, and not due to its own fault or neglect, including but not restricted to
acts of nature or of public enemy, acts of government or of the OWNER, fires, floods,
epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify
OWNER in writing within five (5) working days after commencement of such delay,
stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the Work Order, no interruption,
interference, inefficiency, suspension or delay in the commencement or progress of
CONSULTANT'S Services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty
to perform or give rise to any right to damages or additional compensation from
OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an
extension of time to the Schedule; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
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Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as claims based on late completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any
of the Services to be provided hereunder in a timely manner, in addition to any other
rights or remedies available to the OWNER hereunder, the OWNER at its sole
discretion and option may withhold any and all payments due and owing to the
CONSULTANT under this Agreement (including any and all Work Orders) until such
time as the CONSULTANT resumes performance of its obligations hereunder in such a
manner so as to reasonably establish to the OWNER'S satisfaction that the
CONSULTANT'S performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to
continue performing Work under any particular Work Order or any payment issued by
OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may
have against CONSULTANT for delay or any other damages hereunder.
4.6 The period of service shall be from the date of execution of this Agreement
through one (1) year from that date, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed. This
Agreement may be renewed for an additional three (3) years, renewable annually. Any
such annual renewal shall be agreed to, in writing, by both parties.
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ARTICLE 5
COMPENSATION
5.1 Compensation and the manner of payment of such compensation by the
OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in
each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each
calendar month, or as specified in the Work Order, a comprehensive and itemized
statement of charges for the Services performed and rendered by CONSULTANT
during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period.
The monthly statement shall be in such form and supported by such documentation as
may be required by OWNER. All such statements shall be on CONSULTANT'S
letterhead and shall indicate the Agreement Number, Work Order Number, Purchase
Order Number and Project Site description (if any).
5.2 The compensation (whether based upon a negotiated lump sum, time and
materials, hourly with a cap or some other agreed to format) contained in each separate
Work Order shall be based on the hourly rates as set forth and identified in Schedule B
which is attached hereto, for the time reasonably expended by CONSULTANT'S
personnel in performing the Services. The Rate Schedule shall be updated by mutual
agreement on an annual basis, in conjunction with the annual renewal of this
Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and
reasonable reimbursable expenses incurred or paid by CONSULTANT in connection
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with CONSULTANT'S performance of the Services, at its direct cost with no markup, to
the extent such reimbursement is permitted in the Work Order and in accordance with
Section 112.061, F.S., or as set forth below.
5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred
by the CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in
connection with each Work Order, except for local travel within
Collier or Lee Counties, as provided in Section 112.061, F.S.,
and all Contract-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved by
OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the
number of documents described in this Agreement and postage and
handling of Drawings and Specifications, including duplicate sets at the
completion of each Work Order for the OWNER'S review and approval.
5.2.2.3. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
5.2.2.4.
Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for securing approval of authorities having
jurisdiction over the Work Order required under the applicable Work
Order.
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5.2.2.6 Other items on request and approved in writing by the
OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before
incurring any of the aforesaid reimbursable expenses, and absent such prior approval,
no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may
request that CONSULTANT advise OWNER in writing of (i) the estimated time of
CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be
specified in the Work Order; and (ii) the estimated charge to OWNER for the
reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply
such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor
to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be
limited to a maximum markup offive percent (5%) on the fees and expenses associated
with such subconsultants and subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or
the Work Order shall be made upon presentation of the CONSULTANT'S itemized
invoice approved by OWNER.
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5.7 Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents,
drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by
or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER
shall specify whether the originals or copies of such Project Documents are to be
delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs
associated with delivering to OWNER the Project Documents. CONSULTANT, at its
own expense, may retain copies of the Project Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER
a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use
with respect to the applicable authorized project or task. CONSULTANT warrants to
OWNER that it has full right and authority to grant this license to OWNER. Further,
CONSULTANT consents to OWNER'S use of the Project Documents to complete the
subject project or task following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents
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available for review and information to various third parties and hereby consents to such
use by OWNER. However, to the extent permitted by law, the OWNER will hold the
CONSULTANT harmless for any reuse of the documents for purposes other than the
project for which they were intended.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which
concern or reflect the Services hereunder. The records and documentation will be
retained by CONSULTANT for a minimum of five (5) years from (a) the date of
termination of this Agreement or (b) the date the Work Order is completed, whichever is
later, or such later date as may be required by law. OWNER, or any duly authorized
agents or representatives of OWNER, shall, free of charge, have the right to audit,
inspect and copy all such records and documentation as often as they deem necessary
during the period of this Agreement and during the five (5) year period noted above, or
such later date as may be required by law; provided, however, such activity shall be
conducted only during normal business hours.
7.2 The records specified above in paragraph 7.1 include accurate time records,
which CONSULTANT agrees to keep and maintain, from day to day, showing the time
expended by each principal and employee of CONSULTANT in performing the Services
and therein specifying the services performed by each, with all such time records to be
kept within one-half of an hour. At the request of OWNER, or as specified in the Work
Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as
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well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any
reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of CONSULTANT or anyone employed or utilized by the
CONSULTANT in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under
the Contract Documents, insurance of the types and in the amounts described herein
and further set forth in Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do
business in the State of Florida.
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9.3 All insurance policies required by this Agreement shall include the following
provisions and conditions by endorsement to the policies:
9.3.1 All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy, provided by
CONSULTANT to meet the requirements of this Agreement shall name Collier County,
Florida, as an additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no
recourse against OWNER for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER, and the "Other Insurance"
provisions of any policies obtained by CONSULTANT shall not apply to any insurance
or self-insurance program carried by OWNER.
9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence
Form patterned after the current I.S.0. form with no limiting endorsements, must
reference and identify this Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the the exclusive venue for any action
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concerning any matter under those policies shall be in the appropriate court situated in
Collier County, Florida.
9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are
paid and received by OWNER, except such rights as they may have to the proceeds of
such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance
policies required hereunder must meet the following minimum requirements:
9.5.1 The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate insurance
business in the State of Florida.
9.5.2 The insurance company must have a current A. M. Best financial rating
of "Class VI" or higher.
ARTICLE 10
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S
own staff, unless otherwise authorized in writing by the OWNER. The employment of,
contract with, or use of the services of any other person or firm by CONSULTANT, as
independent consultant or otherwise, shall be subject to the prior written approval of the
OWNER. No provision of this Agreement shall, however, be construed as constituting
an agreement between the OWNER and any such other person or firm. Nor shall
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anything in this Agreement be deemed to give any such party or any third party any
claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each Work Order shall be a Schedule that lists all of the key
personnel CONSULTANT intends to assign to perform the Services required under that
Work Order. Such personnel shall be committed to the project or task specified in the
Work Order in accordance with the percentages noted in the attached Schedule.
CONSULTANT shall also identify in that Schedule each subconsultant and
subcontractor it intends to utilize with respect to the subject Work Order. All personnel,
subconsultants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require
each subconsultant or subcontractor, to the extent of the Services to be performed by
the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this
Agreement and any subsequently issued Work Order, and to assume toward the
CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this
Agreement and any subsequently issued Work Order, assumes toward the OWNER.
Each subconsultant or subcontract agreement shall preserve and protect the rights of
the OWNER under this Agreement, and any subsequently issued Work Order, with
respect to the Services to be performed by the subconsultant or subcontractor so that
the subconsulting or subcontracting thereof will not prejudice such rights. Where
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appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party
beneficiary of each contract entered into between CONSULTANT and each
subconsultant or subcontractor, however nothing in this Agreement shall be construed
to create any contractual relationship between OWNER and any subconsultant or
subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any
Work Order shall constitute a full waiver of any and all claims, except for insurance
company subrogation claims, by it against OWNER arising out of the Work Order or
otherwise related to those Services, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT in its final
invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of
any of OWNER'S rights against CONSULTANT.
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of
CONSULTANT. It is agreed that either party hereto shall at any and all times have the
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right and option to terminate this Agreement by giving to the other party not less than
thirty (30) days prior written notice of such termination. Upon this Agreement being so
terminated by either party hereto, neither party hereto shall have any further rights or
obligations under this Agreement subsequent to the date of termination, except that
Services specified to be performed under a previously issued Work Order, shall proceed
to completion under the terms of this Agreement.
12.2 CONSULTANT shall be considered in material default of this Agreement and
such default will be considered cause for OWNER to terminate this Agreement and any
Work Orders in effect, in whole or in part, as further set forth in this section, for any of
the following reasons: (a) CONSULTANT'S failure to begin Services under any
particular Work Order within the times specified under that Work Order, or (b)
CONSULTANT'S failure to properly and timely perform the Services to be provided
hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S
principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws,
ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to
perform or abide by the terms and conditions of this Agreement and any Work Orders in
effect, or (f) for any other just cause. The OWNER may so terminate this Agreement
and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven
(7) calendar days written notice of the material default.
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1
above, it is determined for any reason that CONSULTANT was not in default, or that its
default was excusable, or that OWNER otherwise was not entitled to the remedy
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against CONSULTANT provided for in paragraph 12.2, then the notice of termination
given pursuant to paragraph 12.2 shall be deemed to be the notice of termination
provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER
shall be the same as and be limited to those afforded CONSULTANT under paragraph
12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provIsions of
paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and
any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar
days written notice to CONSULTANT. In the event of such termination for convenience,
CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee
earned through the date of termination, for any Work Orders so cancelled, together with
any retainage withheld and any costs reasonably incurred by CONSULTANT that are
directly attributable to the termination, but CONSULTANT shall not be entitled to any
other or further recovery against OWNER, including, but not limited to, anticipated fees
or profits on Services not required to be performed. CONSULTANT must mitigate all
such costs to the greatest extent reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to
the OWNER all original papers, records, documents, drawings, models, and other
material set forth and described in this Agreement, including those described in Section
6, that are in CONSULTANT'S possession or under its control arising out of or relating
to this Agreement or any Work Orders.
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12.6 The OWNER shall have the power to suspend all or any portions of the Services
to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2)
calendar days prior written notice of such suspension. If all or any portion of the
Services to be rendered hereunder are so suspended, the CONSULTANT'S sole and
exclusive remedy shall be to seek an extension of time to its schedule in accordance
with the procedures set forth in Article Four herein.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or
such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise
persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT
under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to
cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under the subject Work
Order until such default is cured, after giving OWNER a second fourteen (14) days
written notice of CONSULTANT'S intention to stop performance under the applicable
Work Order. If the Services are so stopped for a period of one hundred and twenty
(120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons
performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate the subject Work Order by giving written notice to
OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not
cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice,
CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER,
A-24
16 f~
terminate the subject Work Order and recover from the Owner payment for Services
performed through the termination date, but in no event shall CONSULTANT be entitled
to payment for Services not performed or any other damages from Owner.
ARTICLE 13
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement or any subsequent Work Order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached
hereto and incorporated herein as Schedule 0, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT'S services to be
provided under this Agreement and each subsequent Work Order issued hereafter, if
any, are accurate, complete and current at the time of the Agreement or such
subsequent Work Order. The CONSULTANT agrees that the original price as set forth
in each subsequent issued Work Order, if any, and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the price as
set forth in the Work Order was increased due to inaccurate, incomplete, or non-current
A-25
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wage rates and other factual unit costs. All such adjustments shall be made within one
(1) year following the end of the subject Work Order.
ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of Services required hereunder. CONSULTANT further represents that no
persons having any such interest shall be employed to perform those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either
party unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax,
or by United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following OWNER'S address of record:
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Board of County Commissioners,
Collier County Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/GS Director
Fax: 239-732-0844
16.2 All notices required or made pursuant to this Agreement to be given by the
OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand,
by fax or by the United States Postal Service Department, first class mail service,
postage prepaid, addressed to the following CONSULTANT'S address of record:
Coastal Planning & Engineering, Inc.
2481 N.W. Boca Raton Boulevard
Boca Raton, Florida 33431
Telephone: 561-391-8102
Fax: 561-391-9116
Attn: Thomas Campbell, P.E.
16.3 Either party may change its address of record by written notice to the other party
given in accordance with requirements of this Article.
ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of
OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair
dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any
terms thereof shall impair the rights or liabilities of either party.
A-27
17.3 This Agreement is not assignable, or otherwise transferable in whole or in part,
by CONSULTANT without the prior written consent of OWNER.
17.4 Waivers by either party of a breach of any provision of this Agreement shall not
be deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Agreement.
17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in
this Agreement are for the purpose of convenience only and shall not be deemed to
expand, limit or change the provisions in such Articles, Schedules, Parts and
Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede,
replace and nullify any and all prior agreements or understandings, written or oral,
relating to the matter set forth herein, and any such prior agreements or understanding
shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of
the parties shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
A-28
1 hFI
1 !, Fl
Schedule A WORK ORDER FORM
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rules, and regulations of the
State of Florida, and by such laws, rules and regulations of the United States as made
applicable to Services funded by the United States government. Any suit or action
brought by either party to this Agreement against the other party relating to or arising
out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
A-29
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deliver to OWNER the Truth-In-Negotiation Certificate identified In Article 13 and
attached hereto and made a part hereof as Schedule D.
CONSULTANT'S
compensation as set forth in each subsequently issued Work Order, if any, shall be
adjusted to exclude any sums by which OWNER determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit
costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has
been informed by OWNER of and is in compliance with the terms of Section
287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list."
ARTICLE 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of CONSULTANT with full decision-making authority and by OWNER'S
A-3D
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staff person who would make the presentation of any settlement reached during
negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any
settlement reached at mediation to OWNER'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
***
A-31
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IN WITNESS WHEREOF, the parties hereto have executed this Professional
Services Agreement for Fixed Term Professional Engineering Services for Coastal Zone
Management Projects the day and year first written above.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
~..>~C--/
By:
Frank Halas, Chairman
..': ..' P" C~: c~".
DvAd", ht,,'E .,Bro"c'~, ""Q" . ",Ie, r,k
~/;;: ""','"
B: ,".....,' ~
D21e:~~'c/~
At.. .,'
. '; ~ " .., to Cl'Ia f rt:an s
sion:~ti'r~~ on)..
Approved as to form and
legal sufficiency: ~
~u~~ey
'~"~'I u~ (jJ;) , /;" / ((; , /
Wr . "'';
Witness <-
Tracie McCauley
By:
Inc.
Thanas J. Campbell, P. E., President
Typed Name and Title
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A-32
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SCHEDULE A
WORK ORDER #
Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Project
Dated: , 2006 (RFP/Bid 06-3902)
This Work Order is for professional coastal zone management project services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a part of
this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work
Order # is assigned to: name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in
accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus
Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed
Fee, as provided in the attached proposal. (define which method will be used for which tasks)
Task I
Task II
Task III
$
$
$
$
TOTAL FEE
Any change made subsequent to final department approval will be considered an additional service and
charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
A-33
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SCHEDULE B
Collier County Fee Schedule
RFP 06-3902
"Fixed Term Professional Engineering Services for Coastal Zone Management
Projects"
Professional Fee
Principal $160.00/hr.
Project Manager/Senior Engineer $125.00/hr.
QC/QA Technical Reviewer $ 125.00/hr.
Senior Coastal Engineer $ 125.00/hr.
Senior Marine Biologist $120.00/hr.
Certified Inshore Hydrographer $120.00/hr.
Professional Surveyor & Mapper $ 120.00/hr.
Senior Geologist $ 120.00/hr.
Coastal Engineer $ 100.00/hr.
Geologist $ gO. OO/h r.
Marine Biologist $ gO.OO/hr.
Junior Coastal Engineer $ 85.00/hr.
Junior Geologist $ 78.00/hr.
Junior Marine Biologist $ 78.00/hr
Boat Operator $ 75.00/hr..
Engineer III $100.00/hr.
Project Surveyor $ gO.OO/hr.
B-1
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Engineer II
$ 85.00/hr.
$ 85.aO/hr.
$ 80.00/hr.
$ 75.00/hr.
$ 70.00/hr.
$ 65.00/hr.
$ 50.00/hr.
AutoCad Tech II/Sr.
GIS Operator
AutoCad I/Cad Operator
Engineer I
Senior Technician
Technician
Support
Administrative Assistant, Secretary
Clerical, other support
$ 50.00/hr.
$ 40.00/hr.
This list is not intended to be all-inclusive. Hourly rate fees for other categories
of professional, support and other services shall be mutually negotiated by the County
and firm on a project by project basis as needed.
END OF SCHEDULE B
B-2
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ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 B~ DATE (MM/DDtYYYY)
COAST-2 05/03/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER Pc. U.S.F. & G.* 25897
INSURER B: US Fidelitv & GuarantVCo. 25897
Coastal Planninq & Engineerinq INSURER C: American Intern 11 Companies 19390
Inc
2491 NW Boca Raton Blvd. INSURER D: Great American Ins Co 16691
Booa Raton FL 33431
INSURER E: Fireraan'. Fund In.uranca CO 21973
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFfORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRI lYPE OF INSURANCE POLICY NUMBER I 'D'iT~lMM/DD/YY1 DATE MMlDllJY'{1 LIMITS
~NERAL LIABILllY EACH OCCURRENCE $1,000,000
A X 1f.. COMMERCIAL GENERAL LIABILITY BL02176696 02/15/06 02/15/07 p~~~S lEa occurancel $ 300 .000
- :=J CLAIMS MADE ~ OCCUR MED EXP (Anyone pelllon) $10.000
PERSONAL & ADV INJURY $ 1. 000 000
GENERAL AGGREGATE $2,000,000
GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG $2.000 000
h ,IlPRO. n
POLICY JECT lOC
AUTOMOBilE LlABlLllY COMBINED SINGLE LIMIT $1,000,000
f....--
A ~ ANY AUTO BA02176694 02/15/06 02/15/07 (Ea accldenl)
f....-- AlL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
f....--
JI HIRED AUTOS BODILY INJURY
$
JI NON.QWNED AIJTOS (Per accidenl)
'-- PROPERTY DAMAGE $
(Per accldanl)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5 000.000
A ~ OCCUR D CLAIMS MADE BL02176696 02/15/06 02/15/07 AGGREGATE $5,000.000
$
~ DEDUCTIBLE $
X RETENTION $0 $
WORKERS COMPENSATION AND X hORY LIMiTs I 10m-
B EMPLOYERS' LIABILITY WC5943671 02/15/06 02/15/07 E.l. EACH ACCIDENT $ 1,000,000
A}rf PROPRIETORlPARTNEIlIEXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
~~~~I~s~~~V'&tfNS below E.L. DISEASE. POLICY liMIT $1,000.000
OTHER
D Hull & P&I OMH764559509 02/15/06 02/15/07 P&I 1,000,000
E Contractors Equip MXI97001086 02/15/06 02/15/07 Rented Ea 250,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
D Marine Employer'S Liability $1,000,000 Per Occurrence Limit. $1,000,000
Per Employee Limit. Policy No. : OMH7977691 Effective 12/19/05 to 12/19/06.
United States Lonqshoreman's and Harborworker's Act Coverage is included on
policy no.: WC5843671.
CERTIFICATE HOLDER
CANCELLATION
COLON I 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRInEN
NOTICE TO THE CERTIFICATE HOLDER NAM EO TO THE lEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A:'~~ES
Collier County Government
Purohasinq Department
3301 E. Tamiami Trail
Naples FL 34112
@ACORDCORPORATION1988
ACORD 25 (2001/08)
.,;;\
16 -1
Collier County Government Purchasing Department is named as Additional
Insured and in favor of Waiver of Subrogation with respects to General
Liability when required by written contract.
L-.:;..
I.
I
I
!
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
.....
,"
I
ACORD 25 (2001/0B)
ACORDT" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
05/03/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813289-5200 INSURERS AFFORDING COVERAGE
INSURED INSURER A: XL Specialty Ins Company
Coastal Planning & Engineering Inc INSURER B:
2481 NW Boca Raton Blvd INSURER C:
Boca Raton, FL 33431 INSURER 0:
I INSURER E:
Client#: 9560
COASPLA3
16F:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER Pgk~CEY(~~5g~y p~~fJ ('f:SJ~m\N LIMITS
LTR
~NERAL LIABILITY EACH OCCURRENCE $
- 5 M ERCIAL GENERAL lIAB IlITY FIRE DAMAGE (Anyone fire) $
- CLAIMS MADE D OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
n'L AGGREGATE lIM IT APPLIES PER: PRODUCTS . COMP/OP AGG $
POLICY n j~c?T n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
'--- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Per accident) $
- NON.OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~.OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND IT~~~I~r\Ws I IOJ~'
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPL OYEE $
E.L. DISEASE - POLICY LIMIT $
A OTHER DPR9416317 12/15/05 12/15/06 $2,000,000 per claim
Professional $4,000,000 aggregate
Liabilitv
DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is claims made and reported.
CERTIFICATE HOLDER I I /ID DITIONALINSURED . INSURER LETTER: CANCELLATION
SHOULD ANYOFlli E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL~DAYSWRITTEN
Purchasing Department NOTlCETOTHE CERTIFICATE HOLDER NAMED TOlliE LEFT, BUT FAILURE TODOSOSHALL
3301 E. Tamiami Trail 1M POSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
A~ED REPR~TIVE
....,.,. C/.... .a ~
I
ACORD 25-5 (7/97)1 of 2
#S122380/M114957
KJS
@ ACORD CORPORATION 1988
.."'......11;.....10._.-
16FJ
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD2S-S(7/97)2 of 2 #S122380/Ml14957
If>Ft-
SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance polices required shall be
provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or
C-1
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allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitute approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to
C-2
I g'
purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
CONSULTANT under this Agreement or any other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to purchase such insurance,
nor shall it be responsible for the coverages purchased or the insurance company or
companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30)
calendar days prior to the date of their expiration. Failure of the Contractor to provide
the OWNER with such renewal certificate(s) shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any subsequently issued
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
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a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
x
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
_X_ Applicable _ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
_X_ Applicable
Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
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Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies
separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or its designee.
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(3) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground
property damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_X_ Applicable _ Not Applicable
(6) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes _ No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any owned, non-owned or hired vehicle with
limits of not less than:
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. . y .'\).{~.... ~
..! ~
. .~
Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes _ No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
_ $ 500,000 each claim and in the aggregate
_X_ $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
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(2) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours
after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy. CONSULTANT shall promptly submit a
certified, true copy of the policy and any endorsements issued or to be issued on the
policy if requested by OWNER.
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05/18/2008 11 :39 TEL
COASTAL PLANNING ENG
SCHEDULE D
L.RUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, Coastal Planning & Engineering, Inc. hereby certifies that
wages, rates and other factual unit costs supporting the compensation for the selVices
of the CONSULTANT to be provided under the Professional Services Agreement,
concerning Fixed Tenn' Pl'ofee,ional Englnaerlng Services fOr Coastal Zone
Management Projects are accurate, complete and current as of the time of contracting.
BY:
TITLE:
DATE:
S{1!JbCt,
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~001/001
1:6
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MEMORANDUM
Date:
May 25,2006
TO:
Lynn Wood, Contract Specialist
Purchasing Department
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records Department
Re:
Contract 06-3902; "Fixed Term Engineering Services for
Coastal Zone Management Projects"
Contractor: Humiston & Moore Engineers
Enclosed are three (3) original documents, as referenced above (Agenda
Item #16Fl) approved by the Board of County Commissioners on Tuesday,
May 9, 2006.
The Finance Department and Minutes & Records Department have retained
a copy.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Enclosures (3)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board 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 throUlrh routine. lines #1 throue.h #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact 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 Lyn Wood Phone Number 732-2667
Contact
Agenda Date Item was 5'/06 Agenda Item Number 16.F.I
Approved by the BCC
Type of Document Contract Number of Original 5
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
ap ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a Iicable.
Yes
(Initial)
x
N/A (Not
A plicable)
2.
3.
4.
5.
6.
x
x
x
x
I: Fonns! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Contract 06-3902
DATE RECEIVED 16 F]
MAY 1 2 2006
RISK MANAGEMENT
Fixed Term Professional Engineering Services for Coastal Zone Management
Projects
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 4~day of ~
2 o o-.k , by and between the Board of County Commissioners for Collier County, Florida,
a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or
"OWNER") and Humiston & Moore Engineers, authorized to do business in the State
of Florida, whose business address is 5679 Strand Court, Naples, Florida 34110
(hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT coastal zone management projects services expeditiously when a
need arises in connection with a Collier County construction project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive
Negotiation Act), makes provisions for a fixed term contract with a firm to provide
professional services to a political subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the
provisions of Section 287.055, Florida Statutes, to provide professional CONSULTANT
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coastal zone management projects services on a fixed term basis as directed by
OWNER for such projects and tasks as may be required from time to time by OWNER.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter
provided, CONSULTANT shall provide to OWNER professional CONSULTANT coastal
zone management projects services (hereinafter the "Services") as herein set forth.
The term "Services" includes all Additional Services authorized by written Amendment
as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall
be in conformance with the scope of services, which shall be described in a Work Order
issued pursuant to the procedures described herein. Reference to the term "Work
Order" herein, with respect to authorization of Services, includes all written
Amendments to any particular Work Order. CONSULTANT acknowledges and agrees
that each individual Work Order shall not exceed $90,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation
for all Work Orders issued under this Agreement shall not exceed $500,000 annually,
unless otherwise approved in writing by the Board of County Commissioners of Collier
County.
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1.2.1 All Services must be authorized in writing by OWNER in the form of a
Work Order. CONSULTANT shall not provide any Services to OWNER unless and to
the extent they are required in a written Work Order. Any Services provided by
CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and
OWNER shall have no liability for such Services.
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to
provide pursuant to the terms of this Agreement, OWNER shall request a proposal from
CONSULTANT for such Services, said proposal to be in compliance with the terms of
this Agreement. If the parties reach an agreement with respect to such Services,
including, but not limited to the scope, compensation and schedule for performance of
those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both parties
are in agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to
promptly provide the Services required thereby, in accordance with the terms of this
Agreement and the subject Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and
frequency of the Services shall be determined solely by OWNER and that OWNER
does not represent or guarantee unto CONSULTANT that any specific amount of
Services will be requested or required of CONSULTANT pursuant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER
under this Agreement or any Work Order, or to obligate OWNER in any manner or way.
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1.2.6 All duly executed Work Orders (including all written Amendments
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in
Collier County, Florida, including, but not limited to, all licenses required by the
respective state boards and other governmental agencies responsible for regulating and
licensing the professional Services to be provided and performed by the CONSULTANT
pursuant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder
relate to a professional service which, under Florida Statutes, requires a license,
certificate of authorization or other form of legal entitlement to practice such Services, it
shall employ and/or retain only qualified personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates Kenneth K. Humiston, P.E., as its Principal in
Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind
and obligate CONSULTANT on all matters arising out of our relating to this Agreement.
In each Work Order CONSULTANT will designate a qualified licensed professional to
serve as CONSULTANT'S project coordinator for the Services to be provided under that
Work Order (hereinafter referred to as the "Project Coordinator"). The Project
Coordinator is authorized and responsible to act on behalf of the CONSULTANT with
respect to directing, coordinating and administering all aspects of the Services to be
provided and performed under the Work Order. Further, the Project Coordinator has full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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to the Work Order. The CONSULTANT agrees that the Principal in Charge and the
Project Coordinators shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT under the Work Order.
CONSULTANT further agrees that the Principal in Charge and Project Coordinators
shall not be removed by CONSULTANT without OWNER'S prior written approval, and if
so removed must be immediately replaced with a person acceptable to OWNER.
1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from Owner to promptly remove and replace the Principal in Charge or any
Project Coordinator, or any other personnel employed or retained by the
CONSULTANT, or any subconsultants or subcontractors or any personnel of any such
subconsultants or subcontractors engaged by the CONSULTANT to provide and
perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made with or without cause. Any
personnel so removed must be immediately replaced with a person acceptable to
OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and
experience in the type of professional coastal zone management projects services
that will be required under this Agreement. The CONSULTANT agrees that all services
to be provided by CONSULTANT pursuant to this Agreement shall be subject to the
OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with
all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of
any governmental agencies, including the Florida Building Code where applicable,
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which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of any design documents in no way relieves CONSULTANT of its obligation to
deliver complete and accurate documents necessary for successful completion of the
Services required under the subject Work Order.
1.8 CONSULTANT agrees not to divulge, furnish or make available to any third
person, firm or organization, without OWNER'S prior written consent, or unless incident
to the proper performance of the CONSULTANT'S obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been properly
subpoenaed, any non-public information concerning the Services to be rendered by
CONSULTANT hereunder, and CONSULTANT shall require all of its employees,
agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such
subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic
area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CO or
OVO, drawn in the Florida State Plane East (US Feet) Coordinate System (NAO 83/90).
The drawings should either reference specific established Survey Monumentation, such
as Certified Section Corners (Half or Quarter Sections are also acceptable), or when
implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by
OWNER. Information layers shall have common naming conventions (i.e. right-of-way-
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ROW, centerlines - Cl, edge-of-pavement - EOP, etc) , and adhere to industry standard
CAD specifications.
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by Owner through an Amendment to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those
Services originally authorized in the Work Order. The agreed upon scope,
compensation and schedule for Additional Services shall be set forth in the Amendment
authorizing those Additional Services. With respect to the individuals with authority to
authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Administrative Procedures in effect at the time such services
are authorized. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to the subject Work Order prior
to starting such services. OWNER will not be responsible for the costs of Additional
Services commenced without such express prior written approval. Failure to obtain such
prior written approval for Additional Services will be deemed: (i) a waiver of any claim
by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT
that such Work is not additional but rather a part of the Services originally required of
CONSULTANT under the subject Work Order. If OWNER determines that a change in
a Work Order is required because of the action taken by CONSULTANT in response to
an emergency, and Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to
OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew
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or should have known of its occurrence. Failure to provide the forty-eight (48) hour
written notice noted above, waives CONSULTANT'S right it otherwise may have had to
seek an adjustment to its compensation or time of performance under the subject Work
Order.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate in writing a project manager to
act as OWNER'S representative with respect to the Services to be rendered under the
Work Order (hereinafter referred to as the "Project Manager"). The Project Manager
shall have authority to transmit instructions, receive information, interpret and define
OWNER'S policies and decisions with respect to CONSULTANT'S Services under the
Work Order. However, the Project Manager is not authorized to issue any verbal or
written orders or instructions to the CONSULTANT that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
(a) The scope of Services to be provided and performed by the
CONSULTANT as set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and
complete all such Services as set forth in the Work Order; or
(c) The amount of compensation the OWNER is obligated or
committed to pay the CONSULTANT as set forth in the Work
Order.
3.2 The Project Manager shall:
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(a) Review and make appropriate recommendations on all requests
submitted by the CONSULTANT for payment for services and work
provided and performed in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as
to OWNER'S requirements for the Services specified in the Work
Order, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and
any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by
placing at CONSULTANT'S disposal all available information in the
OWNER'S possession pertinent to the Services specified in the
Work Order, including existing drawings, specifications, shop
drawings, product literature, previous reports and any other data
relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to
enter the site (if any) set forth in the Work Order to perform the
Services to be provided by CONSULTANT under the subject Work
Order; and
(e) Provide notice to CONSULTANT of any deficiencies or defects
discovered by the OWNER with respect to the Services to be
rendered by CONSULTANT hereunder.
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ARTICLE 4
TIME
4.1 Attached to each Work Order shall be a computer generated bar graph time
schedule ("Schedule") for the performance of the Services required under the subject
Work Order. Said Schedule shall be in a form and content satisfactory to OWNER.
Services to be rendered by CONSULTANT shall be commenced, performed and
completed in accordance with the Work Order and the Schedule. Time is of the
essence with respect to the performance of the Services under each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion
of the Services as a result of unforeseeable causes beyond the control of
CONSULTANT, and not due to its own fault or neglect, including but not restricted to
acts of nature or of public enemy, acts of government or of the OWNER, fires, floods,
epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify
OWNER in writing within five (5) working days after commencement of such delay,
stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the Work Order, no interruption,
interference, inefficiency, suspension or delay in the commencement or progress of
CONSULTANT'S Services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty
to perform or give rise to any right to damages or additional compensation from
OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an
extension of time to the Schedule; provided, however, the granting of any such time
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extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as claims based on late completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any
of the Services to be provided hereunder in a timely manner, in addition to any other
rights or remedies available to the OWNER hereunder, the OWNER at its sole
discretion and option may withhold any and all payments due and owing to the
CONSULTANT under this Agreement (including any and all Work Orders) until such
time as the CONSULTANT resumes performance of its obligations hereunder in such a
manner so as to reasonably establish to the OWNER'S satisfaction that the
CONSULTANT'S performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to
continue performing Work under any particular Work Order or any payment issued by
OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may
have against CONSULTANT for delay or any other damages hereunder.
4.6 The period of service shall be from the date of execution of this Agreement
through one (1) year from that date, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed. This
Agreement may be renewed for an additional three (3) years, renewable annually. Any
such annual renewal shall be agreed to, in writing, by both parties.
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ARTICLE 5
COMPENSATION
5.1 Compensation and the manner of payment of such compensation by the
OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in
each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each
calendar month, or as specified in the Work Order, a comprehensive and itemized
statement of charges for the Services performed and rendered by CONSULTANT
during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period.
The monthly statement shall be in such form and supported by such documentation as
may be required by OWNER. All such statements shall be on CONSULTANT'S
letterhead and shall indicate the Agreement Number, Work Order Number, Purchase
Order Number and Project Site description (if any).
5.2 The compensation (whether based upon a negotiated lump sum, time and
materials, hourly with a cap or some other agreed to format) contained in each separate
Work Order shall be based on the hourly rates as set forth and identified in Schedule B
which is attached hereto, for the time reasonably expended by CONSULTANT'S
personnel in performing the Services. The Rate Schedule shall be updated by mutual
agreement on an annual basis, in conjunction with the annual renewal of this
Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and
reasonable reimbursable expenses incurred or paid by CONSULTANT in connection
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with CONSULTANT'S performance of the Services, at its direct cost with no markup, to
the extent such reimbursement is permitted in the Work Order and in accordance with
Section 112.061, F.S., or as set forth below.
5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred
by the CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in
connection with each Work Order, except for local travel within
Collier or Lee Counties, as provided in Section 112.061, F.S.,
and all Contract-related mileage for trips that are from/to
destinations outside of Collier or Lee Counties approved by
OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the
number of documents described in this Agreement and postage and
handling of Drawings and Specifications, including duplicate sets at the
completion of each Work Order for the OWNER'S review and approval.
5.2.2.3. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
5.2.2.4.
Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for securing approval of authorities having
jurisdiction over the Work Order required under the applicable Work
Order.
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5.2.2.6 Other items on request and approved in writing by the
OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before
incurring any of the aforesaid reimbursable expenses, and absent such prior approval,
no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for
authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may
request that CONSULTANT in writing advise OWNER of (i) the estimated time of
CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be
specified in the Work Order; and (ii) the estimated charge to OWNER for the
reimbursable expenses applicable to the contemplated Services to be performed by
CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply
such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor
to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be
limited to a maximum markup of 5% on the fees and expenses associated with such
subconsultants and subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or
the Work Order shall be made upon presentation of the CONSULTANT'S itemized
invoice approved by OWNER.
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5.7 Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents,
drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by
or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER
shall specify whether the originals or copies of such Project Documents are to be
delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs
associated with delivering to OWNER the Project Documents. CONSULTANT, at its
own expense, may retain copies of the Project Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER
a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use
with respect to the applicable authorized project or task. CONSULTANT warrants to
OWNER that it has full right and authority to grant this license to OWNER. Further,
CONSULTANT consents to OWNER'S use of the Project Documents to complete the
subject project or task following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents
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available for review and information to various third parties and hereby consents to such
use by OWNER.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which
concern or reflect the Services hereunder. The records and documentation will be
retained by CONSULTANT for a minimum of five (5) years from (a) the date of
termination of this Agreement or (b) the date the Work Order is completed, whichever is
later, or such later date as may be required by law. OWNER, or any duly authorized
agents or representatives of OWNER, shall, free of charge, have the right to audit,
inspect and copy all such records and documentation as often as they deem necessary
during the period of this Agreement and during the five (5) year period noted above, or
such later date as may be required by law; provided, however, such activity shall be
conducted only during normal business hours.
7.2 The records specified above in paragraph 7.1 include accurate time records,
which CONSULTANT agrees to keep and maintain, from day to day, showing the time
expended by each principal and employee of CONSULTANT in performing the Services
and therein specifying the services performed by each, with all such time records to be
kept within one-half of an hour. At the request of OWNER, or as specified in the Work
Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as
well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any
reimbursable expenses.
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ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of CONSULTANT or anyone employed or utilized by the
CONSULTANT in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under
the Contract Documents, insurance of the types and in the amounts described herein
and further set forth in Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do
business in the State of Florida.
9.3 All insurance policies required by this Agreement shall include the following
provisions and conditions by endorsement to the policies:
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9.3.1 All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy, provided by
CONSULTANT to meet the requirements of this Agreement shall name Collier County,
Florida, as an additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no
recourse against OWNER for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER, and the "Other Insurance"
provisions of any policies obtained by CONSULTANT shall not apply to any insurance
or self-insurance program carried by OWNER.
9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence
Form patterned after the current I.S.0. form with no limiting endorsements, must
reference and identify this Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the the exclusive venue for any action
concerning any matter under those policies shall be in the appropriate court situated in
Collier County, Florida.
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9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds are
paid and received by OWNER, except such rights as they may have to the proceeds of
such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance
policies required hereunder must meet the following minimum requirements:
9.5.1 The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate insurance
business in the State of Florida.
9.5.2 The insurance company must have a current A. M. Best financial rating
of "Class VI" or higher.
ARTICLE 10
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S
own staff, unless otherwise authorized in writing by the OWNER. The employment of,
contract with, or use of the services of any other person or firm by CONSULTANT, as
independent consultant or otherwise, shall be subject to the prior written approval of the
OWNER. No provision of this Agreement shall, however, be construed as constituting
an agreement between the OWNER and any such other person or firm. Nor shall
anything in this Agreement be deemed to give any such party or any third party any
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claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each Work Order shall be a Schedule that lists all of the key
personnel CONSULTANT intends to assign to perform the Services required under that
Work Order. Such personnel shall be committed to the project or task specified in the
Work Order in accordance with the percentages noted in the attached Schedule.
CONSULTANT shall also identify in that Schedule each subconsultant and
subcontractor it intends to utilize with respect to the subject Work Order. All personnel,
subconsultants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require
each subconsultant or subcontractor, to the extent of the Services to be performed by
the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this
Agreement and any subsequently issued Work Order, and to assume toward the
CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this
Agreement and any subsequently issued Work Order, assumes toward the OWNER.
Each subconsultant or subcontract agreement shall preserve and protect the rights of
the OWNER under this Agreement, and any subsequently issued Work Order, with
respect to the Services to be performed by the subconsultant or subcontractor so that
the subconsulting or subcontracting thereof will not prejudice such rights. Where
appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
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1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party
beneficiary of each contract entered into between CONSULTANT and each
subconsultant or subcontractor, however nothing in this Agreement shall be construed
to create any contractual relationship between OWNER and any subconsultant or
subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provided under any
Work Order shall constitute a full waiver of any and all claims, except for insurance
company subrogation claims, by it against OWNER arising out of the Work Order or
otherwise related to those Services, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT in its final
invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of
any of OWNER'S rights against CONSULTANT.
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of
CONSULTANT. It is agreed that either party hereto shall at any and all times have the
right and option to terminate this Agreement by giving to the other party not less than
thirty (30) days prior written notice of such termination. Upon this Agreement being so
terminated by either party hereto, neither party hereto shall have any further rights or
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obligations under this Agreement subsequent to the date of termination, except that
Services specified to be performed under a previously issued Work Order, shall proceed
to completion under the terms of this Agreement.
12.2 CONSULTANT shall be considered in material default of this Agreement and
such default will be considered cause for OWNER to terminate this Agreement and any
Work Orders in effect, in whole or in part, as further set forth in this section, for any of
the following reasons: (a) CONSULTANT'S failure to begin Services under any
particular Work Order within the times specified under that Work Order, or (b)
CONSULTANT'S failure to properly and timely perform the Services to be provided
hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S
principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws,
ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to
perform or abide by the terms and conditions of this Agreement and any Work Orders in
effect, or (f) for any other just cause. The OWNER may so terminate this Agreement
and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven
(7) calendar days written notice of the material default.
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1
above, it is determined for any reason that CONSULTANT was not in default, or that its
default was excusable, or that OWNER otherwise was not entitled to the remedy
against CONSULTANT provided for in paragraph 12.2, then the notice of termination
given pursuant to paragraph 12.2 shall be deemed to be the notice of termination
provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER
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shall be the same as and be limited to those afforded CONSULTANT under paragraph
12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of
paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and
any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar
days written notice to CONSULTANT. In the event of such termination for convenience,
CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee
earned through the date of termination, for any Work Orders so cancelled, together with
any retainage withheld and any costs reasonably incurred by CONSULTANT that are
directly attributable to the termination, but CONSULTANT shall not be entitled to any
other or further recovery against OWNER, including, but not limited to, anticipated fees
or profits on Services not required to be performed. CONSULTANT must mitigate all
such costs to the greatest extent reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to
the OWNER all original papers, records, documents, drawings, models, and other
material set forth and described in this Agreement, including those described in Section
6, that are in CONSULTANT'S possession or under its control arising out of or relating
to this Agreement or any Work Orders.
12.6 The OWNER shall have the power to suspend all or any portions of the Services
to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2)
calendar days prior written notice of such suspension. If all or any portion of the
Services to be rendered hereunder are so suspended, the CONSULTANT'S sole and
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exclusive remedy shall be to seek an extension of time to its schedule in accordance
with the procedures set forth in Article Four herein.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due as set forth in the Work Order or
such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise
persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT
under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to
cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under the subject Work
Order until such default is cured, after giving OWNER a second fourteen (14) days
written notice of CONSULTANT'S intention to stop performance under the applicable
Work Order. If the Services are so stopped for a period of one hundred and twenty
(120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons
performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate the subject Work Order by giving written notice to
OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not
cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice,
CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER,
terminate the subject Work Order and recover from the Owner payment for Services
performed through the termination date, but in no event shall CONSULTANT be entitled
to payment for Services not performed or any other damages from Owner.
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ARTICLE 13
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement or any subsequent Work Order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached
hereto and incorporated herein as Schedule 0, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT'S services to be
provided under this Agreement and each subsequent Work Order issued hereafter, if
any, are accurate, complete and current at the time of the Agreement or such
subsequent Work Order. The CONSULTANT agrees that the original price as set forth
in each subsequent issued Work Order, if any, and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the price as
set forth in the Work Order was increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. All such adjustments shall be made within one
(1) year following the end of the subject Work Order.
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ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of Services required hereunder. CONSULTANT further represents that no
persons having any such interest shall be employed to perform those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either
party unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax,
or by United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/GS Director
Fax: 239-732-0844
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16.2 All notices required or made pursuant to this Agreement to be given by the
OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand,
by fax or by the United States Postal Service Department, first class mail service,
postage prepaid, addressed to the following CONSULTANT'S address of record:
Humiston & Moore Engineers
5679 Strand Court
Naples, Florida 34110
Telephone: 239-594-2021
Fax: 239-594-2025
Attn: Kenneth K. Humiston, P.E.
16.3 Either party may change its address of record by written notice to the other party
given in accordance with requirements of this Article.
ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of
OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair
dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any
terms thereof shall impair the rights or liabilities of either party.
17.3 This Agreement is not assignable, or otherwise transferable in whole or in part,
by CONSULTANT without the prior written consent of OWNER.
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17.4 Waivers by either party of a breach of any provision of this Agreement shall not
be deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Agreement.
17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in
this Agreement are for the purpose of convenience only and shall not be deemed to
expand, limit or change the provisions in such Articles, Schedules, Parts and
Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede,
replace and nullify any and all prior agreements or understandings, written or oral,
relating to the matter set forth herein, and any such prior agreements or understanding
shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of
the parties shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A WORK ORDER FORM
Schedule B RATE SCHEDULE
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Schedule C INSURANCE COVERAGE
Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rules, and regulations of the
State of Florida, and by such laws, rules and regulations of the United States as made
applicable to Services funded by the United States government. Any suit or action
brought by either party to this Agreement against the other party relating to or arising
out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and
attached hereto and made a part hereof as Schedule D. CONSULTANT'S
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compensation as set forth in each subsequently issued Work Order, if any, shall be
adjusted to exclude any sums by which OWNER determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list."
ARTICLE 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
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by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
IN WITNESS WHEREOF, the parties hereto have executed this Professional
Services Agreement for Fixed Term Professional Engineering Services for Coastal Zone
Management Projects the day and year first written above.
Dwight E. a(6c*~:Clert.k.,
~ljJ;;i '
By: ...',~; .''11~,J){'-
{ -':. '..',' .-\
D~tt.~ .
s1gnaturtJc>A'1 tI":' ;..';-'
~-. . ~: r: ,.~;. '...'
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
ATTEST:
By: ~ --:;;;]$ ...-
Frank Halas, Chairman
Approved as to form and
legal sufficiency:
~rn~
Assistant County Attorney
Humiston & Moore En~ineers
~"c,~~
Witness
Celia M. Fellows
By: ,~~~
Kenneth K. Humiston, P.E.
President
Typed Name and Title
~~n8fL~~
Item # I/;; FI
~~~;da J .Jt -()6
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SCHEDULE A
WORK ORDER #
Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Project
Dated: , 2006 (RFP 06-3902)
This Work Order is for professional coastal zone management project services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a part of
this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work
Order # is assigned to: name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in
accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus
Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed
Fee, as provided in the attached proposal. (define which method will be used for which tasks)
Task I
Task II
Task III
$
$
$
$
TOTAL FEE
Any change made subsequent to final department approval will be considered an additional service and
charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
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SCHEDULE B
Collier County Fee Schedule
RFP 06-3902
"Fixed Term Professional Engineering Services for Coastal Zone Management
Projects"
Professional
Fee
Principal
$160.00/hr.
$145.00/hr.
$125.00/hr.
$100.00/hr.
$ 85.00/hr
$ 70.00/hr
Senior Modeler
Project Manager/Senior Engineer
Engineer III
Engineer II
Engineer I
Field Supervision
$ 70.00/hr.
$ 70.00/hr.
$ 85.00/hr.
$ 75.00/hr.
$ 65.00/hr
$ 50.00/hr
Project Coordinator
AutoCad Tech II/Sr.
AutoCad I/Cad Operator
Senior Technician
Technician
Support
Administrative Assistant, Secretary
$ 50.00/hr
Clerical, other support
$ 40.00/hr
This list is not intended to be all-inclusive. Hourly rate fees for other categories
of professional, support and other services shall be mutually negotiated by the County
and firm on a project by project basis as needed.
END OF SCHEDULE B
C-1
Turrell & Associates. Inc.
COUNTY FEE SCHEDULE
Principal/ Professional Engineer
Staff Engineer
Senior Project Manager
Project Manager
Senior Biologist
Staff Biologist
Senior Environmental Scientist
Senior Marine Biologist
Marine Biologist
Marine Manager
Marine Construction Specialist
AutoCAD Technician
Administrative Assistant
Principal/ Expert Witness
Biologist/ Expert Witness
Compliance and Government Monitoring
Aircraft
Boat
$175.00 / hr.
$ 95.00 I hr.
$125.00 I hr.
$ 95.00 I hr.
$125.00 I hr.
$ 85.00/ hr.
$150.00 I hr.
$125.00 I hr.
$ 95.00/ hr.
$150.00 I hr.
$125.00 I hr.
$ 85.00 I hr.
$ 50.00 / hr.
$250.00 I hr.
$200.00 / hr.
$225.00 / hr.
$200.00/ hr.
$45.00 I hr.
Rev. 11/1412005
16Fl
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2005 12008 Professional SeMC8S Rate Schedule
2OlJ5 ~ SchedUh, 2006 Rate S~dule
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2-Penan GpS Survey crew " 4..;).00 '1""'-4.,...." r.W S1!in 00 S~S.O() CH
~crson GrlS survey 1..'lP.W ~'ls=I.oO ~2.~ cH ~20D,go $300.QO cli
..I"tr~on Cf>S SUIVl;y Craw s:1ACl.OO $."'IAn 00 C':H S::>SO.UC $~?G.QO CH
2-Person Hvdro I Dill" r.rew $~40.00 0$360.00 Ct! $ZiQ.ao $375.00 CH
~Person Hydrographic 3U{\11!Y CrWl $225.00 $.'\37.50 CH $230.00 S34S.00 cH
4-Pc",," HydrOOl"oIpl1ic SUTVlilI Crew $260.00 $39c.aa cH J270.00 5405.00 CH
CompulN' I CAUCl Olll:latOf '70.QO '10li..QO Pl. Sl7$.oa "112.50 PH
E"!II..~o:ring T~h S80..M $120.0n PH $85.00 $127.50 PH
PrQression;.13urvevot & MlIllDef $100.00 $150.00 PH $105.00 $157.50 PH
Prof_lonel EnglrllEr $105.00 $157.00 Pli $110.00 $165.00 PH
project ll/h.InQger $13'.00 ,'202.50 PH n~o.lJO ~2.0.OU ...H
Aelmll'llltrql]ye ASSIStant ~~.oO "'2."0 PlI $GO.CO S"ilO.OO PI1
~pment. .P..Jdltiorl..1
slIl1Jey LDlInch I
l:uNay Launch \I
SlOe ~can Sonar oSptlun
MQ!lnalom..... ~......
Nllvigatjon ~\'l
SUf'ft:V Truck
RIde
$2.7!S.M
f400.00
~.A IX)
$."'liO 00
1255.00
~"OO
Unit llIeaE~~
PD
PO
PO
PD
PO
PO
comments
17 &UlVt)' launch wI fuel
Z3' -urvey la\lncn wI fur.l
OlaftCll :::Ioqulclltlon eyst...... wi towlWl
Acaulsalicn s\r.ltQn1 wi tOWfi:;h
OGPS, computer wI ""vlgation ~yste/Tl
Sl8ndllm SUrAl., truck
$1S0.00
PO
CQ,"rnc:n1r: ./14-
':$75.00/MeaI~ --:--.- ~ J:"~'h.1/()~
otel: $125.001 Meals: $2.00 ."--.;(:J-(Jh r '/'
Hotel:$~ (fi\~ 6/TJ-ICiD
" eI'JflG& . t"e:r DIem
r~~ld c,...w
Prolect Enll"Il.:cr
p~~-
ExpenS(l(. - DIner
Vf!aIlel Doal<:lllG
Baal Rwnu Fees
Rate (IIlM:Y) I Unit M...."re
~.eo.OO PN
$10.0" ~
Comm."t.
Owmight doclclloe
Boat ru,"" fees
Notes:
1. All riteS fnl;iUtl..labcx IllO!lllplicol (vvcrtl....a I fringe) ond "pcl'Qting ~8i..
2. l'o~"..Jlhic erP\AI rlltt'~ !ndude (') plrtv chIef. (l1lnstrllmenl p"l1XIn. &l.JiVoV helper(e). conventiQrlA! survl!Y Olluipment
aI'Id velllcle. .
3. ~~~le crow rntes induae l1) party chief. (1) InstNnent pl:l'rron i ""!;Gel oper~r. llUrvey ~~er<s), 23' 'JUf'/Sy launch wI
rurll. QutomalCl~ ~pnlo ".ta aCqulSIlIOll ~11I at\l.l voh1C:Je.
4. GP'O \;1 r;.... ..atC$ inuludc (1) party ..,,11;', (1) incla 1oU1I",,,t p~n, Ilurvcty he'poar(C). hi!:Jh-nrril!r r,PS 1!QIIIllment and vehicle.
s. Hydrogn<phl" I ntV<!' r.I'I'\W ratd Include (1) ll(Il'lirlCd field Q.tplIlViscr Qnd (1) certified field tech, 23' llUlVBY launch wI fwl. posilluning I
nrtv;gation sy&tcm, Illlrraee suppllccl air I scubD Dqllipment.
6. Overtlmf (over 40 hall/:t pcrweekl baGOa loIpCll V:51flflC':I regular heur1y r.lte.
Cl-! = Crew HoUt
I'll .. p"I"$Qn I lour
PO . Per calf
PP/PD ::: F'e-r Peson per Cl.l.y
l"N CI pet Night
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FROM : AGNOLI BARBER BRUNDHuc
....1\
....
.... GNOLI
......13
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.......
...... RUNDAGE, INe.
I)rnlt:,...:;km~11l~n~il'l.tx:rs. plJ.n11a:r~1 ~ur'\'c.'r()r) & rn;tl"i''lcr....
PHONE NO.
RATE SCHEDULE - EFFECTIVE MAY 21, 2004
Principal, P .E.
St. Project Manager (P.E.)
Sr. ~gisten::d Engineer
Engineer II, P.E.
Engineer Ij E.I.T.
Oesigner (Eng. Tech/Cadd)
Permit CoordinatOr
Planning Coordinator
Planning Director
Planner
Sr. Planner AICP
Cadd Planner/Designer
Project ManagerlDesigner
Project Manager (p.L.8.)
Sr. Regis~red Surveyot
Registered Surveyor
Technician
Technician I/Cadd DesilPler I
Technician II/Cadd Designer II
Technician III /Cadd Designer III
Technician IV/COOd Designer IV
Technician V /Cadd Designer V
Technician VVCadd Designer VI
Technician vmCadd Designer Vn
Two Man Survey Crew
Three Man Survey Crew
Four Man Survey Crew
Five Man Survey Crew
GPS Crew
Design Draftsman
Courier
Controller
Bookkeeper
Registered EngineerJExpert Witness
Certified PlannerlExpert Witness
Registered SurveyorlExpert Witness
ManagerlExpert Witness
16Fl
DEC. 20 2005 04:50PM P2
$185.00 Hr.
$145.00 Hr.
$145.00 Hr.
$125.00 Hr.
$ 95.00 Hr.
S 85.00 Hr
$ 90.00 Hr.
$ 90.00 Hr.
$145.00 Hr.
$100.00 Hr.
$110.00 Hr.
$ 90.00 Hr.
$ 95.00 Hr.
$140.00 Hr.
$130.00 Hr.
$110.00 Hr.
$ 53.00 Hr.
$ 65.00 Hr.
$ 70.00 Hr.
$ 85.00 Hr.
$ 90.00 Hr.
$100.00 l-Ir.
$110.00 Hr.
$115.00 Hr.
$105.00 Hr.
$125.00 Hr.
$135.00 Hr.
$150.00 Hr.
$210.00 Hr.
$ 65.00 Hr.
$ 35.00 Hr.
$ 90.00 Hr.
$ 70.00 Hr.
$265.00 Hr.
$265.00 Hr.
$265.00 Hr.
$265.00 Hr.
Main Office: /400 T.lmi:ulli Tr.,;! :-.1" Suire ],O(), t..:,\pk." F1",',d'., .H 1 O(l (B9) 597 3111 f:\x: (2~'J) ~(i(i.220,:;
lA.'" CO_lilt)'; 9990 CL>(OI1\1t R<~ad. Suite 103. BOlli,:!. Springs, J:'lc)J'I<i.\ .141~:, (13~)) \!41H!('6S f-AX: (239) 4n,2726
"'1r\'zJn:J-,hh:~\., .""'"
CERTIFICATE OF LIABILITY INSURANCE
Client#: 2510
HUMIM003
ACORDTM
DATE (MM/DDIYY)
04/19/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Suncoast Insurance Associates
P.O. Box 22668
Tampa, FL 33622-2668
813289-5200
INSURED
Humiston & Moore Engineers, P.A.
5679 Strand Court
Naples, FL 34110
INSURERS AFFORDING COVERAGE
INSURER A: United States Fidelity & Guaranty
INSURER B: Fidelity & Guaranty Ins Underwrite
INSURER C: St Paul Fire & Marine
INSURER D: Liberty Ins Underwriters Inc
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER Pgk!fEY/~'J,5g~~ P%~f~ lr"xJlfJ8';Wr LIMITS
LTR
A GENERAL LIABILITY BK01308000 02/06/06 02/06(07 EACH OCCURRENCE $1.000 000
-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $1.000000
'I CLAIMS MADE W OCCUR MED EXP (Anyone person) $10000
PERSONAL & ADV INJURY $1.000.000
-
GENERAL AGGREGATE $2.000.000
- -.
GEN'L AGGR,Efil L1M IT APnS PER: PRODUCTS - COMP/OP AGG $2,000.000
~ X PRO- _.
POLICY JECT LOC
B ~OMOBILE LIABILITY BA02133050 04/28/06 04/28f07 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
I-- (Per person) $
SCHEDULED AUTOS
r--- I
~ HIRED AUTOS
BODILY INJURY $
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
.
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY BK01308000 02/06/06 02/06/07 EACH OCCURRENCE $1 000 000
~ - OCCUR 0 CLAIMS MADE ~GREGATE --- $1,000,000
----~ $
R DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND BW02178337 05/01106 05/01/07 X ITV;;%~T~J~-., I IOJ~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPL OYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
0 OTHER AEE200210-0106 04/16(06 04/16/07 $1,000,000 per claim
Professional $1,000,000 aggregate
iabilitv
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is claims made and reported.
RE: Contract 05-3902 - Fixed Term Professional Services for
Coastal Zone Management Projects
The Certificate Holder is also added as Additional Insured with
(See Attached Descriptions)
CERTIFICATE HOLDER I T ADDmONALINSURED'INSURERLETTER: - CANCELLATION
SHOULD ANY OF TH E ABOVE OESCRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.0-- DAYS WRITTEN
Purchasing Building NOTICE TOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUTFAlLURE TO DOSOSHALL
3301 East Tamiami Trail 1M POSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
~ED REPR~TIVE
I . "'" Oi.-.., ~
COVERAGES
ACORD 25.S (7/97)1 of 3
#S121671/M121207
MOL
@ ACORD CORPORATION 1988
16Fl
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25.S(7/97)2 of 3 #S121671/M121207
respects to the General Liability.
AMS 25.3 (07/97) 3 of 3
", .. "..,0-::'>"'-- """:_<_'::':,' .:,..:....._<.__ "':';"_"::';",:"":":':_":.. '::-""', .. ,;,,:__,' "'-'.: .:._.--:.......__. .. '_'- _, .....:: ::..:..>....::..: _:C,__,: _...:.......-..'
'DESCRIPTIONS.(Continuedfrom Page 1)
#S121671/M121207
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
05/09/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Arthur J.
Arthur J.
8200 N.W.
Suite 200
Miami, FL
1-305-592-6080
Gallagher Risk Management Services
Gallagher & Co. (Florida)
41st Street
33166
INSURERS AFFORDING COVERAGE
NAIC#
1200 Northwest 17th Avenue #3
INSURER A: American Longshore Mutual
INSURER B: Underwri ters at Lloyds London
INSURER C: St. Paul Fire & Marine
INSURER D:
INSURER E:
INSURED
Sea Diversified & LAT 26 Marine, Inc.
Delray Beach, FL 33445
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~i ~nc POLICY NUMBER P~}~~~~~~~8~\E POLICY EXP~~N
LTR LIMITS
C ~NERAL LIABILITY 0606800214 06/29/05 06/29/06 EACH OCCURRENCE $1,000,000
X OMERCIAL GENERAL LIABILITY ~~~~~H9E~~~';~ncel $50,000
- CLAIMS MADE 0 OCCUR
- MED EXP (Anyone person) $5,000
X Marine Gen'l Liabilit PERSONAL & ADV INJURY $1,000,000
-
- GENERAL AGGREGATE $1,000,000
~'L AGGREAE LIMIT APnS PER: PRODUCTS-COM~OPAGG $2,000,000
X POLICY P,f8i LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
,----
f-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accidenl)
-
- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND SCMP00211-0l (USL&H) 03/15/06 03/15/07 X I T~~$T~TN~ I IOJ~-
EMPLOYERS' LIABILITY $1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE INC E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EXCL E.L. DISEASE - EA EMPLOYEE $1000000
If yes, describe under E.L. DISEASE - POLICY LIMIT $1000000
SPECIAL PROVISIONS below
OTHER
B Professional Liability G011023R01EOO 06/29/05 06/29/06 General Aggr~gate 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Certificate Holder is listed as an additional insured, with respect to the contract below.
Contract No 05-3902 Fixed Term professional Engineering Services for Coastal Zone management projects
COVERAGES
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Goverment DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
23301 E. Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Naples, FL 34112 AUTHORIZED REPRESENTATIVE .~~
USA
ACORD 25 (2001/08) MIKGON
4301123
@ACORD CORPORATION 1988.
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
16Fl
SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance polices required shall be
provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or
C-1
16Fl
allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits receiyed by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitute approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to
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purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
CONSULTANT under this Agreement or any other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to purchase such insurance,
nor shall it be responsible for the coverages purchased or the insurance company or
companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30)
calendar days prior to the date of their expiration. Failure of the Contractor to provide
the OWNER with such renewal certificate(s) shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any subsequently issued
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
C-3
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a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
x
--
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained by the CONSULTANT or the SUBCONSUL TANT where applicable to the
completion of the work. If the SUBCONSUL TANT is carrying this insurance, proof of
insurance in the form of a Certificate of insurance must be provided to the
CONSULTANT and the OWNER.
_X_ Applicable _ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained by the CONSULTANT
or SUBCONSUL TANT where applicable to the completion of the work. If the
SUBCONSUL TANT is carrying this insurance, proof of insurance in the form of a
Certificate of insurance must be provided to the CONSULTANT and the OWNER.
_X_ Applicable
Not Applicable
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COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies
C-5
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separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or its designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground
property damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement. If the SUBCONSUL TANT is carrying this insurance, proof of insurance
in the form of a Certificate of insurance must be provided to the CONSULTANT and the
OWNER.
_X_ Applicable _ Not Applicable
(6) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
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AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes _ No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any owned, non-owned or hired vehicle with
limits of not less than:
Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes _ No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
C-7
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OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
_ $ 500,000 each claim and in the aggregate
_X_ $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours
after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy. CONSULTANT shall promptly submit a
C-8
16Fl
certified, true copy of the policy and any endorsements issued or to be issued on the
policy if requested by OWNER.
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SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, Humiston & Moore Engineers hereby certifies that wages,
rates and other factual unit costs supporting the compensation for the services of the
CONSULTANT to be provided under the Professional Services Agreement, concerning
Fixed Term Professional Engineering Services for Coastal Zone Management
Projects are accurate, complete and current as of the time of contracting.
HUMISTON & MOORE ENGINEERS
BY: /~~t'~
Kenneth K. Humiston, P.E.
TITLE: President
DATE: April 24, 2006
D-1
16F3
MEMORANDUM
Date:
May 23, 2006
To:
Linda Jackson Best, Contract Specialist
Purchasing Department
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Services and License Agreement
EMS Training Software
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16F3) approved by the Board of County Commissioners
on Tuesday, May 9, 2006.
Kindly forward the documents to the appropriate parties for their records.
The Finance Department and the Minutes & Records Department have
their copies.
If you should have any questions, please contact me at 774-8411
Thank you.
Enclosures (3)
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ITEM NO.:
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FILE NO.:
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: May 9, 2006
To:
Office of the County Attorney
Attention: Re9Em2achary C e t'tIJ"
Linda Jackson Best, Contract Specialist ---JJ'
Purchasing Department, Extension 8990
Support Services Division
From:
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Agreement: Services and License Agreement- EMS training softwar-i
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Vendor: Healthstream, Inc.
."
BACKGROUND OF REQUEST:
Robert,
,/'
,/
,/
,
The Services and License Agreement was approved by the/BCC on May 9,
2006; Agenda Item (16 )(F)(3 ). I
This item was previously submitted and reviewed and
recommended changes by Scott Teach, 05-PRC-0(}183, in 2005.
Healthstream, Inc. acknowledged and accepted the ct}anges, and they
remain in the renewal. Attached is the revised Services and License
Agreement.
ACTION REQUESTED: /
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Please review the contracts for legal sufficiency, sign (there are five
copies each) and forward to the Bce for ~atures.
OTHER COMMENTS: (101 ~~VVv~
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16F3
TO:
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Risk Management Department ':) h
Linda Jackson Best, Contract Specialist. J.A'1 /
Purchasing Department -' ! J
May 9, 2006
MEMORANDUM
Sheree Mediavilla
DATE RECEIVED
MA,Y 09 2006
IdJK MANAGEMENT
FROM:
DATE:
RE: Review of Insurance for Agreement
Agreement: Services and License Agreement- EMS training software
Vendor: Healthstream, Inc.
The Services and License Agreement was approved by the BCC on May 9,
2006; Agenda Item ( 16 )(F)(3 ).
Please review the Insurance Certificate in this Agreement for the
above-referenced services and license agreement. I requested the same
coverage as we asked for last year. If everything is acceptable, please forward
them to the County Attorney for further review and approval. Please advise
me when it has been forwarded.
If you have any questions, please contact me at extension 8990.
Thank you.
16F3
Services and License Agreement
THIS SERVICES AND LICENSE AGREEMENT (the "Agreement") made this 12th day of April 2006,
between HEAL THSTREAM, INC., a Tennessee corporation having its principal offices at 209 10lh Ave.
South, Suite 450, Nashville, Tennessee, 37203 ("HealthStream") and _ Collier County EMS 3301 East
Tamiami Naples FL 34112 c/o D. Chief Jorae Aauilera ("Client"). HealthStream, by its acceptance
agrees to provide to Client HealthStream's Healthcare Learning Center™, based on the Terms and
Conditions attached hereto. Please return to fax # 615-256-6075.
Aareement Amount:
Student. Administrator and Support Fees
Number of Students 540
Fee $ 52.00 per Student/vear (unlimited packaQe)
'"Authoring Center included at no extra charge
Administration Trainina Fee - $ 0
Term of Aareement - -1- Year(s) from the Launch Date.
Renewal Period - 4/26/2006-4/26/2007
Balance Due Upon Execution - $ 28.080.00 (PO Acceptable)
Total Amount of Agreement - $
28.080.00
Client by its signature acknowledges that it has read this Agreement and all exhibits and attachments,
understands its terms and contents and that it constitutes the entire agreement, understanding and
representation, express or implied, between Client and HealthStream with respect to the HealthStream
Courseware and Services (as defined herein) to be furnished herein and that this Agreement supersedes all
prior communications between the parties including all oral or written proposals. This Agreement may be
modified or amended only by a written instrument signed by duly authorized representatives of Client and
HealthStream.
IN WITNESS WHEREOF, and intending to be legally bound hereby, each party hereto warrants and
represents that this Agreement has been duly authorized by all necessary corporate action and that this
Agreement has been duly executed by and constitutes a valid and binding Agreement of that party. All
signed copies of this Agreement shall be deemed originals.
Client
HealthStream, Inc.
Board of County Commissioners
Collier c_oun~~
BY: ~ ~~
Frank Halas, Chairman
Approved as to form & legal sufficiency:
~rlnc.
BY: ~ -4h7/0~
Bob Wiemer, Vice President
By:~m~
~
Robert N. Zacl;lary
Assist~nt County Attorney
Item # J (o-f3
Agenda S -q -{)I ~
Date ,'(J
[.
ATIEST:' ,,': \ .
i)WIGHT: E, BROC~~ ~~f~
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16F3
TERMS AND CONDITIONS
1. Definitions. As used in this Agreement, the following terms
shall have the meanings assigned below:
1.1. "Confidential Information" shall mean the Personal
Infonnation as defined herein, financial and tax information, the
object and source codes and documentation for proprietary
software, and such other Information that is confidential or
proprietary business information and delivered or disclosed pursuant
to this Agreement.
1.2. "Emeroencv Medical Services ("EMS") Courses" shall
mean the courses in HealthStream's proprietary library of online
continuing education for EMS professionals, listed on Exhibit B
attached hereto, that are a subset of the HealthStream Courseware
and as well as any future module developed and selected by
HealthStream to be included during the term of this Agreement. The
EMS Courses have been approved for EMS continuing education by
the Continuing Education Coordinating Board for Emergency
Medical Services (CECBEMS).
1.3. "Gatewavs" shall mean the online Web sites enabled by
HealthStream Web-based applications that allow Students to access
the Services offered pursuant to the terms of this Agreement.
Gateways are designed to be Client specific in branding and
identification pursuant to Section 2 herein.
1.4. "HealthStream Courseware" shall mean those courses
subscribed to by Client that, are the proprietary property of
HealthStream or licensed to HealthStream by a third party and
provided to Students through the Gateways pursuant to the terms of
this Agreement or any amendments hereto.
1.5. "Launch Date" shall mean the date on which the Gateway
is operational. Client's system administrator has logon capabilities to
access the Healthcare Learning Center"" and Client's database of
Students have been loaded into the Heaithcare Learning Center's
database. In no event. however shall the Launch Date be later than
the date set forth on the first page of this Agreement.
1.6. 'Personal Information" shall mean information submitted
by Students for personal identification. Such Personal Information
may include the name. social security number and contact
information for Students.
1. 7. "~" shali mean the Healthcare Learning Center""
which includes Student Services, Administrator Services, Support
Services, Training and Implementation Services, Gateway
Initialization Services, and ali updates and upgrades to those
Services developed by HealthStream in its sole discretion in the
normal course of its business, together with all and other services as
provided by HealthStream to Client pursuant to the terms of this
Agreement.
1.8. "~" shali mean authorized users of the Services
that may require user registration and authentication in compliance
with terms of the Services.
1.9. "User Data" shall mean the Personal Information and
other data submitted and generated by Students under this
Agreement. User Data shall also include the educational transcript
of Students relating to the Services.
2. Services. For the fees specified In Article 3 herein,
HealthStream shall perform the Services for Client and its Students
based upon the terms of this Agreement.
2.1. Student Services. HealthStream hereby agrees to
maintain, at its cost, Gateways on the World Wide Web so that
Students may through the use of a password on the Gateway (1)
Services and Ucense Agreement
register on the Gateway; (2) search, select, enroll in and take
HealthStream Courseware; (3) take HealthStream Courseware
exams and have exams graded and scored; and (4) access own
User Data.
2.2. Administrator Services. HealthStream will provide access
to management services that allow specified Client personnel to
identify Students and assign HealthStream Courseware and Client
Courseware to Students. HealthStream will provide access to
services that allow specified Client personnel to access reports that
document the completion of HealthStream Courseware and Client
Courseware by Students.
2.3. Suooort Services. HealthStream shall provide to Client
access to HealthStream's support personnel via e-mail and
telephone to obtain answers to questions regarding the routine
provision of Student Services and Administrator Services. Support
Services shall be available to the Client through one (1) local system
administrator for each location utilizing the Services from 8:00 AM to
6:00 PM Central Time, Monday through Friday, except for normal
holidays.
2.4. Gatewav Initialization Services. HealthStream shall set up
each Gateway for operation for Client according to the specifications
described in Exhibit A attached hereto (the "Gateway Initialization
Services").
2.5. Imolementalion and Trainin9 Services. HealthStream will
conduct Initial administrator training and perform implementation as
set forth on Exhibit C attached hereto.
3. Service Placement and Fees.
3.1. Service and License Fees. The fee for Student,
Administrator and Support Services shall be the fee shown on the
first page of this Agreement. This fee Is subject to change if the
number of Students exceeds the number on the first page of this
Agreement or HealthStream Courseware is subscribed to in addition
to the EMS Courses. The fee shall be due upon execution of this
Agreement. Client shall pay HealthStream the fees set forth on
~ attached hereto for Administration Training.
3.2. Payment. The fees for Student, Administrator and
Support Services are due and payable within thirty (30) days after
execution of this Agreement in accordance with the "Florida Prompt
Payment Act." Fees remaining unpaid after thirty (30) days from
execution of this Agreement will be subject to a late fee of 1.5% per
month.
4. Intellectual Property.
4.1. Prohibited Use of HealthStream Courseware. The portion
of the HealthStream Courseware subscribed to by Client may be
accessed by Client and any Student, but only for the purposes
described herein. The HealthStream Courseware is protected in the
U.S. and intemationally by a variety of laws. Including without
limitation, copyright laws, trademark laws and other proprietary
rights laws. Client and Students are granted, permission to access
HealthStream Courseware from HealthStream, but only for purposes
of viewing, browsing or ordering products and services from
HealthStream. HealthStream Is not granting Client or any Student
permission to use the HealthStream Courseware other than as
expressly stated in this Agreement. Except as stated herein and in
Section 5 hereof, none of the HealthStream Courseware may be
copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted, in any form or by any means,
including without limitation, electronic, mechanical, photocopying, or
2
recording, without the prior written pemllSSl0n of HealthStream.
Health Stream or its licensors retain all right, title and interest to the
HealthStream Courseware.
4.2. Trademarks. The trademarks, service marks, and logos
(collectively, the "Trademarks") used and displayed on the
HealthStream Courseware are registered and unregistered
trademarks of HealthStream, its licensors, Client, and others.
Nothing in this Agreement, the Gateway or on any HealthStream
Web site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on
the Gateway or on any HealthStream Web site, without the express
written permission of the Trademark owner. Client and
HealthStream will refrain from Issuing each other's name or logo as
a link to any network site unless establishment of such a link Is
approved in advance and in writing by the owner of the name or
logo.
5. Client and Student Conduct.
Client and Students may access the portion of the HealthStream
Courseware located on the Gateways for non-commercial use,
provided that Client retains all copyright, trademark and other
proprietary notices contained in such HealthStream Courseware In
all printed and other copies. Client and Students may not de-
compile, reverse engineer, modify, copy, distribute, transmit,
display, perform. reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products, or
services obtained from the Gateways or the Authoring Studio. In no
event may Client or any Student. directly or indirectly, sell or offer for
sale any portion of the HealthStream Courseware located on the
Gateways or upload, distribute, or otherwise publish any portion of
the HealthStream Courseware in any other form or medium. Neither
Client nor any Student shall knowingly upload to, or distribute or
otherwise publiSh through the Gateways any content that violates or
infringes the rights of any persons, including but not limited to, rights
in copyrights, patents, trademarks, trade secrets, and other
proprietary rights.
6. Warranties and Representations.
Client warrants and represents that Client shall not allow any other
entity or third party to purchase, license or sublicense the Services;
Client shall be responsible for any and all taxes, if any, other than
HealthStream income tax, applicable to or in connection with the
services rendered by HealthStream pursuant to the terms of this
Agreement; and the content submitted to HealthStream for the
Gateway Initialization Services shall not knowingly infringe any
patents, copyrights, trade secrets, or other proprietary rights of any
third parties, and Client will have no reason to believe that any such
infringement or claims thereof could be made by third parties.
7. Disclaimer of Warranties and Limitation of liability.
THE WARRANTIES CONTAINED HEREIN REPRESENT THE
ENTIRE WARRANTY OF HEAL THSTREAM WITH RESPECT TO
THIS AGREEMENT, AND ARE IN liEU OF ANY AND ALL OTHER
WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPliED.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE
GATEWAYS AND THE SERVICES AND ALL OTHER
OBliGATIONS PROVIDED BY HEALTH STREAM PURSUANT TO
THE TERMS OF THIS AGREEMENT ARE PROVIDED "AS-IS"
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPliED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
IN NO EVENT SHALL EITHER PARTY, OR THEIR PARENT
Services and Ucense Agreement
16 F3-'
COMPANIES AND AFFILIATES, OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTENT PARTNERS, OR liCENSORS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR OTHER DAMAGES RESULTING FROM USE OF
THE GATEWAYS, ITS CONTENT OR LINKS, INCLUDING, BUT
NOT liMITED TO DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLES, EVEN IF A PARTY HAD BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TO CliENT
FROM ANY AND ALL PARTIES FOR ANY CLAIM ARISING FROM
THE SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT
liMITATION, ITS WARRANTY PROVISIONS) EXCEED THE
AMOUNTS PAID BY CLIENT TO HEAL THSTREAM UNDER THIS
AGREEMENT. The amount of damages for which the Client may be
liable shall be limited as provided by sovereign immunity under
Florida law.
8. Indemnity
Both parties shall defend, indemnify and hold the other party, its
officers, directors, employees, consultants and agents harmless
from any loss, liability, damage, cost, or expense (including
reasonable counsel fees and litigation costs), arising out of any
claims or suits that may be made or brought by reason of the breach
or alleged breach of the warranties or representations contained
herein, or by reason of any infringement or alleged infringement of
any patent, trademark, copyright or trade secret right resulting from
the Services or Gateways.
9. Term and Termination.
9.1 ilrrn. This Agreement shall be in effect for the duration
shown on the first page of this Agreement.
9.2 Termination or Cancellation. This Agreement may be
terminated or canceled upon the occurrence of one or more of the
following events: by either party if the other party seeks protection
under the bankruptcy laws (other than as a creditor) or any
assignment is made for the benefit of creditors or a trustee Is
appointed for all or any portion of such party's assets: by either party
in the event that the other party hereto has materially breached this
Agreement; provided, however, that no such termination shall be
effectiw unless (i) the terminating party provides the written notice
("Termination Notice") via overnight courier to the other party setting
forth the facts and circumstances constituting the breach, and (ii) the
party alleged to be in default does not cure such default within ten
(10) business days following receipt of the Termination Notice. In the
event that the nature of the default specified in the Termination
Notice cannot be reasonably cured within ten (10) business days
following receipt of the Termination Notice, a party shall not be
deemed to be in default if such party shall, within such ten (10) day
period, present a schedule to cure the default, commences curing
such default and thereafter diligently executes the same to
completion within ninety (90) days. If the breach specified in the
Termination Notice is timely cured or cure is commenced and
diligenUy pursued, as provided above, the Termination Notice shall
be deemed rescinded and this Agreement shall continue in full force
and effect. Notwithstanding the foregoing, all Termination Notices for
non-payment must be cured within thirty (30) days of receipt. In the
event the default specified in the Termination Notice cannot be
reasonably cured at all, a party shall be deemed to be in default.
9.3 Post Termination Oblioations. In the event of termination
of this Agreement by HealthStream due to a default by Client, all
fees previously due or owing by Client and Students as of the date
of termination will be immediately due and payable in full. In the
event of termination of this Agreement by Client due to a default by
HealthStream, HealthStream shall reimburse Client for any amounts
paid by Client or Students for Services not provided prior to
3
termination. This is in addition to any other remedies available to
the parties at law. HealthStream shall provide all User Data to
Client electronically in a text file fonnat within thirty (30) days of
termination of this Agreement for any reason.
10. Non-disclosure
10.1 Except as otherwise provided in this Agreement, both
parties expressly undertake to retain in confidence all Confidential
Information, and will make no use of such information except under
the terms and during the existence of this Agreement.
HealthStream may disclose Confidential Information as required by
governmental or judicial order, provided HealthStream gives Client
prompt notice of such order and complies with any confidentiality or
protective order (or equivalent) Imposed on such disclosure.
10.2 In the regular course of performing the Services,
HealthStream may distribute certain User Data to licensing
organizations for the benefit of Students. The release of such
information is consistent with the current practice used by Students
themselves when reporting educational activity for credit toward
professional licensure. HealthStream will release only the minimum
information required by these organizations to adequately credit
Students for educational activities completed.
10.3 Client grants HealthStream an unrestricted, royally-free,
irrevocable license to maintain and distribute aggregated
compilations of User Data ("Aggregated Data") such that Personal
Information and the identity of Client is not included. Aggregated
Data will be used for measurement of perfonnance norms for all
HealthStream clients and will likewise Include performance
information generated by other HealthStream clients. The process
of collecting and generating Aggregated Data assists HealthStream
clients to maximize the effectiveness of the Services for their
employees. HealthStream will adhere to all Department of Health
and Human Services or United States governmental regulations
regarding privacy of User Data. The right to maintain and distribute
Aggregated Data shall survive this Agreement. HealthStream will
provide Client with Aggregated Data upon request.
11. Miscellaneous
11.1. Attornevs' Fees. In the event of breach by either party of
any provision contained In this Agreement, the prevailing party shall
be entitled to recover its reasonable attorneys' fees and costs
incurred in enforcement of the provisions of this Agreement against
the defaulting or breaching party.
11.1 Headings. Captions and headings to sections are
included solely for convenience and are not intended to affect the
interpretation of any provision of this Agreement.
11.2. Amendments in Writina. No amendment, modification, or
waiver of any provision of this Agreement shall be effective unless it
is set forth In a writing that refers to this Agreement and Is executed
by an authorized representative of each party hereto. No failure or
delay by any party in exercising any right, power, or remedy will
operate as a waiver of any such right, power, or remedy.
Services and license Agreement
16F3
11.3. Third PartY Riohts. Except for Students, this Agreement is
not intended and shall not be construed to create any rights for any
third party.
11.4. Force Maieure. Neither party shall be liable nor deemed
to be in default of its obligations hereunder for any delay or failure in
performance under this Agreement or other interruption of service
resulting, directly or Indirectly, from acts of God, civil or military
authority, any acts of war or civil unrest including, but not limited to,
terrorist attacks, accidents, natural disasters or catastrophes, or
strikes.
11.5. Indeoendent Contractors. Each party to this Agreement is
an independent contractor and this Agreement shall not be
construed as creating a joint venture, partnership, agency or
employment relationship between the parties hereto nor shall either
party have the right, power or authority to create any obligation or
duty, express or implied, on behalf of the other.
11.6. Entire Aareement: Severabilitv. This Agreement, together
with the schedules and other attachments referenced herein,
contains a full and complete expression of the rights and obligations
of the parties hereto. If any provision of this Agreement conflicts with
any schedule or attachment to this Agreement, this Agreement shall
control with respect to the subject matter of such attachment. This
Agreement supersedes any and all other previous Agreements,
written or oral, made by the parties concerning the subject matter
hereof. If any provision of this Agreement is finally held by a court or
arbitration panel of competent jurisdiction to be unlawful, the
remaining provisions of this Agreement shall remain in full force and
effect to the extent that the parties' intent can be lawfully enforced.
Without limiting the generality of the foregoing, It is expressly agreed
that the terms of any Client purchase order will be subject to the
terms of this Agreement and that any acceptance of a purchase
order by HealthStream will be for acknowledgment purposes only
and none of the terms set forth In the purchase order will be binding
upon HealthStream.
11.7. ~. HealthStream may identify Client as its
customer and use Client's name in suitable advertising, press
releases, and sales presentations as long as contract in force.
Otherwise, HealthStream and Client will not use the name, service
marks, trademarks, or trade secrets of the other party or any of its
affiliates for any purpose without the other party's written consent.
11.8. Assianment. Subsidiaries. and Successors. it Is
understood and agreed that the parties are entering into this
Agreement not only for their own benefit but also and equally for the
direct benefit of their subsidiaries and affiliates, present and future,
and that each and every right, benefit, remedy, and warranty
accruing to the parties hereunder likewise accrue to the subsidiaries
and affiliates of the parties, including but not limited to the right to
enforce this Agreement in their respective names. This Agreement
shall inure to the benefit of and be binding on any respective
successors and permitted assigns of the parties.
11.9. ~. In the event of tennination of this Agreement,
Articles 4, 5, 6, 7, 8, 10 and 11 shall continue in effect in accordance
with their terms.
4
16F3
Exhibit A
Gateway Initialization Services
HealthStream's Gateway Initialization Services will consist of the following processes required to make
each Gateway operational. The processes below are not chronologically organized; selected
processes below may be managed concurrently. Additional processes may be required to ensure each
Gateway is made operational rapidly and efficiently.
1. User Import - HealthStream will import Client Personal Information into the e-Learning Service
database so that each Student is recognized by the Gateway.
Requirements from Client to complete User Import:
Provide Personal Information for each Student (per separate specification).
Approve integrity of Personal Information imported into the database.
2. Administrative Orientation - HealthStream will provide an overview of Healthcare Learning
CenterTM operation and administrative procedures to select Client personnel.
Requirements from Client to complete Administrative Orientation:
Ensure key Client personnel attend HealthStream's training and implementation
sessions as described in Section 2.5 herein.
EXHIBIT B
EMERGENCY MEDICAL SERVICES CONTENT
CE
Course TitleslTopic Hours
1 EMS - 12-Lead ECG and Fibrinolytic ScreeninQ for AMI 1.50
12 EMS - Abdominal and Genital Trauma 1.00
~ EMS - Advanced Airway ManaQement 1.00
4 EMS - Advanced Assessment and Management of the Shock Patient 1.00
5 EMS - Advanced Cardiac Assessment 1.00
::l EMS - Advanced Cardiac Pharmacology 1.25
EMS - Advanced ManaQement of Environmental EmerQencies 1.50
~ EMS - Airwav Compromise in Trauma Patients: Pediatric and Adult Considerations 1.00
19 EMS - Airway ManaQement for Adults with Special Healthcare Needs 1.00
10 EMS - Airway Management for Children with Special Healthcare Needs 1.00
11 EMS - Airway Management for Children with Tracheostomies 1.00
12 EMS -An Introduction to 12 Lead EKGs 1.00
13 EMS - An Introduction to Congenital Cardiovascular Disorders 1.00
14 EMS - Assessment and Care During the First Four Weeks of Life 1.50
15 EMS - Assessment and Management of the Geriatric Patient 1.50
16 EMS - Assessment and Management of the Pediatric Patient 1.50
17 EMS - Basic Airway Management 1.00
18 EMS - Basic Assessment & Management of the Patient with Pulmonary Issues 1.00
19 EMS - Basic Cardiac Assessment 1.00
20 EMS - Basic Patient Assessment 1.00
21 EMS - Bloodborne Pathogens (2 CE Hours in FL) 1.00
22 EMS - Brain Attack: New and Emerging Therapies 1.50
123 EMS - Burn Trauma: From the Field to the Hospital 1.50
124 EMS - Children with Special Health Care Needs 1.25
125 EMS - Current Trends in Management of Spinal Cord Injury 1.00
26 EMS - End of Life Directives 1.00
27 EMS -Infections of the Respiratory System 2.00
28 EMS - IV Therapy 1.00
29 EMS - Lightning Strikes 1.00
30 EMS - Managing Multiple Patients in a Mass Casualty Event 1.00
.)1 EMS - Managing Stress in a Stressful Occupation 1.00
32 EMS - ManaQing Thoracic Trauma 1.00
~3 EMS - Medical Causes of Altered Mental Status 1.00
~4 EMS - Medical Conditions InvolvinQ the Endocrine System 1.00
~5 EMS - Medical Legal Aspects of EMS 1.00
~6 EMS - Medication Toxicitv 1.25
37 EMS - Pharmacology for the EMT-Basic 1.00
38 EMS - Pharmacology Update for the Paramedic 1.00
39 EMS - PrehosPitallmplications for HIV/AIDS ManaQement 2.50
0 EMS - Prehospital Care of PreQnancv and Common Complications 1.00
1 EMS - Prehospital Aspects of Gvnocological Conditions 1.00
142 EMS - Prehospital Management of Non-Traumatic Shock 2.00
43 EMS - Response to Domestic Violence 1.00
44 EMS - Response to Terrorism (HazMat) 5.50
45 EMS - Response to Terrorism - Nevada on Iv 5.50
46 EMS - Safe Management of the Behavioral Emeraencies Patient 1.00
7 EMS - The EMS Response to Toxic Exposures 1.00
..8 EMS - The Traumatic Effects of Mechanism of Iniurv 1.25
49 EMS - Therapeutic Communications 1.00
150 EMS - Traumatic Brain Iniurv 1.00
16F3
16F3
Exhibit C
Implementation Services and
Administration Training
Clients will be provided assistance with an account manager during the implementation process.
Implementation consists of four (4) basic steps:
1. General coordination and overview of Client organization and education requirements;
2. Technical consultation regarding reporting structure and Student database preparation for
im port;
3. Basic planning for Client roll-out and organizational usage of the Healthcare Learning
Center; and
4. Review and acceptance of the Gateway and User Data structure.
Client may send two (2) people to HealthStream's offices in Nashville for Healthcare Learning Center™
Basic Administration Training. This training covers the basics of using the Healthcare Learning
Center™ from the administrator and Student perspective. It does not include training on the Authoring
Studio or additional products purchased through the Healthcare Learning Center. Client must pay for
their own travel, hotel, and incidental expenses.
Client may send additional personnel for $750.00 per person. Additional or refresher training is priced
as follows:
Nashville
$750.00 per person. Client pays own travel, hotel, and incidental expenses.
Client Site
$2,500.00 per day with a maximum of 8 people. Client pays HealthStream's reasonable travel, hotel,
and incidental expenses.
~
16F3
CHUBa
Property Insurance
Declarations
Narn,ed IrsU'ej and MaIllnQ Adcfress
Chubb Group of Insurance Companies
15 Mountain View Road
Warren. NJ 07059
111,,\1 "1\II,r\~l. I\I(
2(1 ]:1111\\1 ~(ll'T11 SllITI 4"'1
\I\"H\III,I., 1\ ;,'~{!;
PoliCY NCimber ;";'I-~I: "llj(j
EffectIVe Date Jl'\IF I. ~III"
issued by the stur;k Insurance company
mdlcated below, herein called the company
FEDERAL INSURANCE
COilliPANY
Producer No, illl~;>\qkh-')l)\)l)'j
Incorporated under the laws of
INf)IANA
Producer
\\'II,I.I~ ()I T!-J\NI '\SII
2(1 ('!-\.iTI '1{y IHllll\.\I{])
N/\SlIVIII,F TN;::'I-l.l)I,I)!1
Policy Period
lrom: .I1'NI, 1. 21105 In: nlNll. :'III!I>
12:r}J AM, ,1:lIIlLirclIIIlle althe )\;afllcd In,ured\ ITuiiln;c adelre", ,11(1\\11 :1)"1\,,,
Deductible
$ 1,000
Thc JeduclJhlL ,I1(1WIl aholc :I[lplics 10 :111 CI'hTa;ccs, CXl'l'pl Husllln" 11Icome <JIIJ IXlr:1 I 'P,'lbC. aud all premises shown JO this Jnd
a1l other pwpcrty cJCd,U<JIl\'I1\, 1J1l1e" a spCcllll' (blUl'Dhk b,h,l\\n f\,",'WIrl;c a C,,\'cr.J,i'C,
I hL' t(lJJ,'wi!1!-, Cl!\pLl!'\ the l'1)\'cra;ces pfil\'lcll'cI ,lI Ill.- prl'lllh'S \(alcd helt'w
Premises Coverages
Premises Coverages - Blanket Limits
BIN"; KF rUM IT or [NS{! RA NCF
\\,\11 lNG I'LRJ<)J)
$ 1,000,000
24 HOURS
COVERAGES
Bl'S [NESS II\('OMF WITII EXTRA LX]'FJ\S I
PREMISES # 1
2()l) 1 illl /\ \[ \{ >I' IlL Sl'lll 45,1
NASIl\'1I1 L II~~ISSI'I ,'2i;
t:;:'::::;'~
~
Pr:J,Oerty ,1'15U,"ance
Form 80-C;:~OOC5 (=c 7<J3}
issue Date cJU'V~ -: 2:JOS
Dee/a ,":'; TI0'1:-::
contmued
Pap=- 1
Premises Coverages
(continued,:
"-~._----- --~----_.,---
PREA11SES 1:2
:'1"', \f)j: III' \1,/-,.]1, J~i ) \] I \1 111 i__
I )j~' \ 11\ ( (Ii ( 1/, \ I'! I " ,; "
PRr=fv1Ic:;r=c:; Jid
",il"\T ! r \~\ ,:l!~!':~ ,.., (I~! .;~.:
\1 !II: 1
1In'\KII'\ ,,\,\:, 1.,\11 ;-c, ,-
i)i.\~~i\.U U:Viii Iii E'i:-I i.;,ANCE
('(ll1\SI'k\NCI
;\I'jOM'\TlC IM'I,I\S' 1;--'; I ["lITS
en Vr=RAGr=s
I'JI{'-,( ):\:\1 PI,()/'I 1(1'1
LI ))' I'I{( l)'II<IY
PREMISES # 1
2[11)],'III/\\'J \(llIII.SIII] 4'"
1\:\1.,11\1111 , 11\l\'I'-,SII;-c2i~
21711 1.,01'111/,\1,1(11< 1,( 1\1) 1.,11111 1-111
flEN\TI<, ('()I ()I<;\I)() SI 2; I
PREMISES #2
PREMISES #4
5il~ ,\11'1'{ '1\1:\ SI'I<I\'( is ('( II Iff I
S\llll- I
Ht'\NKIIN,II,\ir-\ISSII. ;7f,.,-;
Premises Coverages - Specific Limits
PREMiSE~ # 1 2(11) J{l11I 1\ VI S()IITII. 1.,1 'ITI -1511
\lASIIVfl r I TIN\:I:SSIF n"l1,
COVERAGES
LEASEHOLD INTEREST
UNDAMAGED IMPROVEMENTS AND BETTERMENTS
LIMIT OF IN"'I '1<.'\1\('f:
$ 1230,273
PREMISES #2
2171IS()IIIIII',\I,1(11< Im.\ll 1.,('111 ].~i,
1)):1\\'IR ('( II ()/<\I)() ,,"2; I
COVERAGES
LEASEHOLD INTEREST
UNDAMAGED IMPROVEMENTS AND BETTERMENTS
LIMII ()I I\lSl :RANCE
PREMISES #4
'\il!\ :\l 'I i '1\r,; SI'I,!'\( i\ I I H 1< I
SITll I
FR,\ 1\ "-I IN. I 1:\\1\1.,11 ;7' -;
_l:Jrope...ry Insurance
Issue :Jat~...,. ,jUl\,= - 20l!5
Form 80-02-1)()O~) I:=C' -,-,'_,!
09::;:ar(;-:[IO',5'
$ lS, J J] ,lS04
90%
1%
S 19 ,86(J
16F3
::0..-; t.rn:..ie d
;:>;392 2
R'. . ..."..,
, ". ',-'
.~.~~
~~
~
CHuaa
Premises Coverages
(continued!
Property Insurance
Declarations
Effective Da:e
PolicV Numbe!
II \1 ) , "
~"" ~ I I. ~" -.:.;; 1 I /( 1
COVERAGES
LEASEHOLD INTEREST
UivuAiviAGED iiv/FRO vEMEN i ~ AivU bE T TEi iiviEivTS
] l\lll ()j-I:\Snz,\:-.J('1
Additional Coverages
MOBILE COMMUNICA TlON PROPERTY
IIM!I ()I. INS{ 11<0\1\( T
I }Ull 'elIBl r
Pr::Jpe,'1Y /'iSJrar"Jce
,~::;rrr; 6'j.O:'-JJ:J5 i=C1 ;-C.?,I
IssuE:' DDt2 ../l./NE 20~5
Oec,'D;'aflo--:s
S IO.~25
S 19],451
$ 3,500
16F3
.last ;:;agp
Page 3
~
16F3
CHUBB
Liability Insurance
Declarations
Chubb Group of Insurance Companies
15 Mountain View Road
Nan'eo Insured and Mailing Address
~1-'8[[enf AIJ 07059
HEALTIfSTREAM. INe.
209 OTH AVE SOFTII. SGITE 450
P:Jilcy Number 3~39-20-51 EZG
""- A '\:U'\!TT r c .1-......~ 1;0"0,'"
. '\ . ........ ... ~ ..............._~ ...' ..J'...v j
Effect;.'e Date ruNE 1, 2005
Issued by the stock insurance company
indicated below, herein called the company.
FEDERAL !NSIJRANCE
COMPANY
Procucer No. 0028986-99999
Incorporated under the laws of
INDIANA
Procucer
\VTILlS OF TE!\"NESSEE
26 CENTURY BOULEVARD
NASHVTILE.1N 37214-.0000
j'::::::::::ta;.;:.:::':::;;,:~~~~~::"/.}f.~:~
Policy Period
From JUNE 1.2005 To: W","El,2ll06
12:0] A.M. standard time at the Named Insured's mailmg address shown ahovc
:::':::~:~&:;;:~;;;~:::::'::;;;;:::::~::.::-:::::;
Limit Of Insurance
Liability Coverage
GENERAL LIABILITY
GENl ~RAL AGGREGATE LIMn
S 2,000,000 ---
S 2~eCO~DDO ~
$ 2,000,000 ~
$ 2,000,000 ~
$ 2.000,000 ...,/
$ 10,000 .../
PRO! It JCTS/COMPLETED DPFR.<\ TI()!\S
AGG,lEGA TE LIMIT
EACH OCCURRENCE LIMIT
ADVERTISING INJURY AND
PERSON AL INnJRY AGGREGATE LIMIT
DAM a.GE TO PRE./\,fiSES
PEl'll ED TO YOU LIMIT
MEDJCAL EXPEKSES LIMIT
Liabifiry Insuc Ince
Form 80-02-( 010 (Ed. 4-94)
{ssIJe Date. MA y' 27, 2:)05
continued
DeClarallJ')s
Page 1
16F3
Liability Coverage
(continued)
Limit Of Insurance
EMPLOYEE BENEFITS ERRORS OR OMISSIONS
Al1lr!<EtJATE UMIT
S 1,000,000 \,/'
EACH CLAIM LIM:rr
DEDUCTIDLE - EACH CLAIM
S 1,000,000 /'
S 1,000.,r
RETROACTIVE DATE
JULY 28, 200().../
RA riNG INFORMA TlON
STATE:
COLORADO
COVERAGE NAME:
PREMlOPS
CLASSrFlCA TION CODE NUMBER:
CLASSIFICA'[lON DESCRIPTION:
BLDGSIPRMS-BANK/OH1CE-MERC OR MFG (LESSORS RISK) !NCL peo
(TIllS CLAssmCA TION INCLUDES PRom JeTS/COMPI .ETED OPERA nONS)
PREMTIJM BASIS:
AREA
RATE:
61212
7,693 ./
47.576
STATE:
TENNESSEE
COVERAGE NAME:
PREMJOPS
\..LA3Si..hCAJ lOr; CUDE NUMBER:
CLASSrFlCAllON DESCRIPTION:
ELECTRONIC - SOITW ARE MFG. -LOW
PREMIUM BASIS:
GROSS SALES:
RATE:
00183
$27,000,000../
0.061
COVERAGE N AMi-::
PeO
CLASSIFlCA llON CODE ?>.'UMBER:
CLASSfrlCA lION DESCRIPTION:
ELECrRONIC - SOI-TW ARE MfG. -LOW
PREMIUM BASIS:
GROSS SAc.ES:
RATE:
00183
127,000,000 /
0.047
Liability InsUl IiInc:9
Form 80-02-11010 (Ed. 4-94)
Issue DatB.' MAY 27,2005
DaClara Nons
continued
.Page 2
~
Liability Insurance
CHUBB
Declarations
Effective Da te
It ,,'d:. :. 21;:!5
Policy Number
'53)-2(i-51 Ell;
,..,......'.. ':;':::::::).:;:'::::::::::::::::~ l::~:::~:::::-:::::::::'::';';
......~ ;: :;:~:::..
LiabilIty Coverage
(continued)
STATE:
TEXAS
COVERAGE )~AME:
I'KEM/OP~
CLASSIFICA:-ION CODE NUMBER:
CLASSIFICA;-ION DESCRIPTION:
BLDGSIPRMS-BAKKJOFFlCE-MERC DJ{ MFG (LESSORS RISK) INCL PCO
(THIS CLA SSIFICA TION INCLUDES PRODl1CTSICOMPLETED OPERA TJON SI
PREMIUM BJ\SIS:
AREA:
RATE:
STA TE:
TENNESSEE
-- EMPLOYEE BENEFITS
CLASSll7!CA"-ION CODE NUMBER:
CI .ASSIFICA' "ION DESCRIPTION:
EMPLOYEE BENEmS E&O
PREMIUM BASIS:
NUMBER' )F EMPLOYEES:
RATE:
Liability Insu 'anes
Form BO-02-XJ10 (Ed. 4.941
Issue Oats MA Y 27, 2005
Dsclarahors
16F3
........, ...........:.~:':.-".'-:>-.
.. ....-...',..."......
61212
5 ,441../
38.044
. ."'.." .'.' ':.... .;. :-:'. u:.>:.~~:-:~':.:<- ~~.;.;.;.;-;.;.:.;.:-:.:.~ :.:.;.;.:.:,:-=.: ,',.;.:.
00176
1 8 4 ,./'"
1 .630
last pags
Page 3
~
16F3
CHUBB
Chubb Commercial Excess And Umbrella Insurance
DeclaratIOns
Chubb Group of Insurance Companies
15 Mountain View Road
Warren. NJ 07059
'Va ')1e d hs !Ired a" d ~.L
"-" Au._j'c'
r) ,-':,,'.. " \. ,\,/~' i '7 I f ~ t:) r
" " ;;,;-: I'll r
[I. \IIII\II\:.\\LI~(
"'i [11.\\1 "Ill III~II'I I'
!\.\SII\ 1111, J:\ ,-~II
f r: ( i ;-; --! .l~ l
,~ ~\~. '--.-..... ....)'
:l:c: stock i!:surar:ce c:.:rnp3rIY
ft1di::atAd he/ow hereIn ca!led the compan\!
FEDERAL INSURANCE COMPANY
P!orfucer No ~1,:2:-\iJ<~~1_ljl_I"');)
IncorpOral('d IJr'der tile laws of IndIana
Pi () ducer
\\111.1'\ ()J 11.\'\1.\\11
~:J(I .\Inn [:( 1111 \\1\11
.\/\'\11\1111. [.\ '~~Ii,'" ,',
Policy Period
11"111 .IIINL I L 21ill~
1.':11 I .'\ \1 ,1;11I,1;,1" 11111<' <II till'
I, 11',\1'1.2';"1'
'\lIlwd 111\lIl",J, 1I1,lillll.~ ,1,.ldlc'" .,hl II II .,hl\h.
Premium
$
3,321.00
Limits Of insurance
1:\cI'" (', 1'l':,1~I' (llllcr '\~,~rl'.~,III' I 1111I1 ',I' .ll'pilc.I',k
I \ Jllhrc'lla ("\I'cr,J!,C\ A!'!2rl'i;;lll' IIIJIII
I'n,dllc'h ( ,lInl'klnl ()I'l'r:llilllh \"~II'~:.li, I 1I1111
'\d\'c'rll"lIi-' lniurx' <I:Il! I'cr"'II,Jlllllllrx '\"."T,'~,II' I 111111
! ..ILh (),-',.::l:T;.'lk;.' ! :;~ll:
$
$
$
$
$
2,000,000.
2,000,000.
2,000,000.
2,000,000.
2,000,000.
A uthoriza tion
III \\ Il:ll'" \\ ill':",,!. lill' C:'''I'I"JI)1 1"1I1:1" 11\1, :,..1" \ 11.1\ ",,,,,,',11<11\ [),,: ,'1 I,' I,l' ",~!ll'.,1 10\ n, ;llIlh'IIlIL'd "Il"cr" hUl Iii"
r"dk\ ,1;,i1! IIdl re' \';JllcI lIlIk" ,Ih. ,1"lk\[ 10:, ,1,1111\ .III:I"'"h'j II'I"""'!I',III\\' "J Illl' CI'IlII',III\
FEDERAL INSURANCE COMPANY
7I~ A A~
~~-~
S2creta....y
Pre::;lcient
4uthOf/28d R8prpSpnratlve
_~At~
)Jne 2...+ 2005
Chub::: C:J'nmer;";fal 5x('~2':":: t.nc' Umb:e,'2 in:::,' r,,'-'_.:
)..;; -. . .:Ir~::
fas.' 0392
rorr:- C:--C:;-J57 - "-~'~:lV -,-,~ t
,caOE'
~
CHUBB
E'fCc:'IIN j,,'r:
P:;i,cvll.'wnber
;';:~t.i"dJ
Description
16F3
Chubb Commercial Excess And Umbrella Insurance
Schedule Of Underlying Insurance
,JU'\E 1 2:-'
Ir1?r-1,'1-::'-~ r Ie.
r-H-=.AL i t-r::~ ; h t ,:~' /
"
1,,_'
Limits
E.'17p!oyers Liability
Insure]r FTDERAL INSlJRI\\CE
COMPANY
c......;,,...,~ ;"'i,,..,
I ....,,'vy ,'tv
fJolicy Per iod
to
(:,'Ve'OO(' R - Employers i labIlity
Bcd:lv Infurv BV Accident
$ 1,000 ,000. Each Accident
/; 7~ ':\003
i"I' '''-1/ ~'::ll '-~HCCJ::lC'Q
" , , .' 'J .~) '---"..........,'.....~ '-
GfJ01'?OCS
OE,/() 1 '2C'OG
$
$
1,000,000.
1,000,000.
Commercial General Liability
Insurer FEDERAL I!'\SURA~CE
COMPANY
35392051
06/01/2005
06/01/2006
Policy No"
Policy Penocf
to,
Occurrence
$
$
$
2,000,000.
2,000,000.
2,000,000.
$
2,000,000.
Automobile Liability
Insurer FEDERAL INSURAr'-lCE
COiviPAi'-lY
73261621
Policy No"
Policy Penod.
$
1,000,000.
or
Eool/v inlury Lability
to,
06/01:2005
06'01'2006
PollcV L,mit
Each Employee
Each Occurrence
General Aggregate
Products/Completed
Operations Aggregate
Personal and Advertlsmg
Injury
Each Accident
Each Person
Each ACCident
P;oper'v Damage Liability
Each Accident
ChJL-'b Con-;r1;:r~,12/ EXCd$E 4!~:J L):~nC";;.-;,,3 i~.':<j',~r-.:::e
c:;nt;T1u2C
I~::r:r :);'.'J2<h'2~' (':::;'?'. ,--c~.'
'-:':"'_I'~ ,-,': ,-:I~~~"'!~.. ~,:,:; !"'~~...':~ ;:::-
;:(j9;'
~
16F3
CHUBB
Chubb Commercial Excess And Umbrella Insurance
t'fectv2 c:lC]tS
Schedule Of Underlying Insurance
.JUNE ~ 2",
Policy Nllmie"
79/(,<::'<:< f=7'3
I . _~ .".-J
I '-' ~.. c:.....
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Description
Limits
Emp!o}'ee Benefits Liabilit}'
Inslrcr FMPLOYEE BFNf' FI1S
INS CO
Policy No ' 3~3920~)1
.t J~; ,I,' ,--:~' .0'],",'::'; d 06,":' ~ '.21:<) ~
$
1,000,000.
GlaHn
$
1,000,000.
Aggrega Ie
10 06/01'2006
CI,lII~s Made
f-ietriJi!ctIve Date 0728'2000
Defe~lse expenses Includf~C In :hc Lin~lts (',; 11'."d;'cll<;'~
Authorization
All other tcrrJi~ dnj conditions rerr/din unchanged
AU;JlorrZ20 ,q~c!c?s~ntar!~/2
fWfi4-
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C'l:.J:"~!' Cor-rrne'-:;:Jl EXC2:"~5 And ~r-'~:,:~
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16F5
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16F6
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16F7
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16FS
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 he hand delivered to the Board Otlke. The completed routing slip and original
documents are to he forwarded to the Board Office only after the Board has takell action 011 the itcm.1
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com tete the checklist, and forward to Sue Filson line #5).
Office Initials Date
5. Sue Filson, Executive Manager
Board of County Commissioners
5.Q.O
6. Minutes and Records
\ / ~~
(The primary contact is the holder of the origin document pending BC~~O e primary ~!n~s the person who created/pr(J;.edilie executive
summary. Primary contact information is needed in the event one of the addressees ahove. including Sue Filson, need to contact staff' for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Winona Stone Phone Number 774-8383
Contact
Agenda Date Item was 5.9.06 Agenda Item Number 16F8
Aooroved by the BCC
Type of Document Resolution Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BeC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature 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.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on_5.9.06_(enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A Ii cable )
2.
3.
4.
5.
6.
WWS
~
NA
WWS
WWS
WWS
I: Forms! County Forms! BCC Forms! Original Documenl~ Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: May 10, 2006
To: Judy Bodine
Executive Secretary, County Manager's Office
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Agenda Item #16F8: Resolution 2006-114
Enclosed please find the original document (Agenda Item #16F8) as
referenced above, which was approved by the Board of County
Commissioners on Tuesday, May 9, 2006.
Please forward to the appropriate parties for signatures and return a fully
executed ori2inal to the Minutes and Records Department.
If you have any questions, please call me at 732-2646 ext. 7240
Thank you.
Enclosure
16F8
RESOLUTION
NUMBER 06- 114
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
CHARLOTTE, COLLIER, HENDRY AND LEE COUNTIES, STATE OF
FLORIDA, IN SUPPORT OF A SISTER REGION PARTNERSHIP WITH
THE CITY OF YANTAI, SHANDONG PROVINCE, CHINA, TO PROMOTE
ECONOMIC DEVELOPMENT, FRIENDSHIP AND COOPERATION.
RECITALS
WHEREAS, the City of Yantai, Shan dong Province, China has contacted local
governments in Southwest Florida in an effort to promote a Sister Region partnership with
said governments in order to build on the partnership of our regional universities as well as
to promote further friendship and cooperation; and
WHEREAS, the goal of the Sister Region partnership is to develop increased
understanding and contact between organizations involved in economic development in
both regions, to encourage exchanges between the educational and professional
organizations in Southwest Florida and the City of Yantai, Shandong Province, China, to
advance economic relationships and business opportunities between our two regions by
sharing information, and to support and encourage visits and exchanges by the citizens of
both regions; and
WHEREAS, the Board of County Commissioners of Charlotte, Collier, Hendry and
Lee Counties find that it is in the public interest and welfare of its citizens to support the
Sister Region partnership.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Charlotte, Collier, Hendry and Lee Counties that the aforementioned counties of Southwest
Florida support the Sister Region partnership with the City of Yantai, Shandong Province,
China, in order to advance economic relationships and business opportunities between our
two regions by sharing information, encouraging exchanges between the educational and
16FS
~z?
.:
~
professional organizations of both regions and to support and encourage visits and
exchanges by the citizens of both regions.
PASSED AND DULY ADOPTED this day of , 2006.
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
By:
Thomas G. Moore, Chair
ATTEST:
Barbara T. Scott, Clerk of
Circuit Court and Ex-officio
Clerk to the Board of County
Commissioners
By:
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
Janette S. Knowlton, County Attorney
2
"~I
/'
'r~
16F8
PASSED AND DULY ADOPTED this qftl day of {t1 CL~
,2006.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~ ~~ ....-chair
Fmnl< ~ {a-:>
Printed Name
ATTEST:
Clerk ofCirc:ult Court and Ex-officio
Clerk to the Board of County
Commissioners
~~Q/'d.b~ .
, rk A~tlst , 11 to Cha 1 MIlan ~
s1Qn~ture onlw
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: J~~~
County Attorney
3
E'--~-
!tern i: l~fCO
8,,' ~\/."'I::'" -10,/
! UT" .~ 1 l>6
, >, '.. , ",
, ' ",., r-"p V.
., "(~:'"', ~ J
~ R.'~:.i .. ID.~
j~!~~~"~/~ (,yv'~ _....J._..
~~
f....'""..'.......1>.""".'.,"'._~lIiI~_
PASSED AND DULY ADOPTED this
ATTEST:
Clerk of Circuit Court and Ex-officio
Clerk to the Board of County
Commissioners
By:
Clerk
day of
,2006.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
By:
Chair
Printed Name
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
County Attorney
4
PASSED AND DULY ADOPTED this
ATTEST:
Clerk of Circuit Court and Ex-officio
Clerk to the Board of County
Commissioners
By:
Clerk
;.:~.~
-,
day of
,2006.
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
By:
Chair
Printed Name
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
County Attorney
5
1611
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 9,2006
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) April 1 , 2006 through April 7, 2006.
(2) April 8, 2006 through April 14, 2006.
B. Districts:
(1) Wentworth Estates Community Development District: Minutes
of July 18, 2005; Agenda of July 18, 2005; Memorandum of
Voting Conflict by Esther McKenzie VanLare (not dated);
Memorandum of Voting Conflict dated 05/13/2005 by Howard
Taylor (incomplete); Memorandum of Voting Conflict by N. Paul
SanFilippo dated 05/09/2005.
C. Minutes:
(1) Collier County Airport Authority:
(a) Joint Workshop with Board of County Commissioners and
Economic Development Council: Minutes of March 29, 2006.
(2) Ochopee Fire Control District Advisory Board: Minutes of
February 13, 2006.
(3) Development Services Advisory Committee:
(a) Budget and Operations Sub-committee: Agenda of April 12,
2006; Minutes of March 22, 2006
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\050906 misc corresp.doc
(4) Contractors' Licensinq Board: Agenda of April 19, 2006.
(5) Biq Cypress Basin Board of the South Florida Water
Manaqement District: Minutes of December 8, 2005.
(6) Collier County Planninq Commission: Agenda of April 20, 2006;
Minutes of March 6, 2006 (Special Session); Minutes of March
8, 2006 (Special Session); Minutes of March 9, 2006 (Special
Session); Minutes of March 16,2006.
(7) Environmental Advisory Council: Agenda of May 3, 2006;
Minutes of April 5, 2006.
(8) Vanderbilt Beach M.S.T.U: Minutes of April 6,2006; Agenda of
May 4, 2006.
H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\050906 misc corresp.doc
~ j U 1
1 6 o,1~
1-
Clerk of the Circuit Court
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date: 04/07/06
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 April I, 2006 through April 7, 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:
Item#:Jf.t; -I JA.j-
Copies to:
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Clerk of the Circuit Court
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2006
BU3r
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date: 04/14/06
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 April 8, 2006 through April 14, 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:
Item#:~
Copies to:
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AP Line Item Report for Payroll Operations Mgr.
AP Line Item Report for Payroll Operations Mgr.
100435 BRADANNA INC 72,518.40 04/10/2006 2000103238
103196 VILA & SON LANDSCAPE CORP 51,670.76 04/10/2006 2000103239
100675 COMMUNICATIONS INTERNATIONAL INC 272.00 04/11/2006 2000103240
100933 EHC INC 69,918.98 04/11/2006 2000103241
101770 KYLE CONSTRUCTION INC 49,501.80 04/11/2006 2000103242
105803 WORKPLACE RESOURCE OF FLORIDA 515.95 04/11/2006 2000103243
106077 APAC 7,994.38 04/11/2006 2000103244
106077 APAC 420,228.32 04/11/2006 2000103245
109260 WORKPLACE RESOURCES 3,119.94 04/11/2006 2000103246
1010 INTERNAL REVENUE SERVICE 114.32 04/11/2006 2000103247
100627 COLLIER COUNTY PUBLIC SCHOOLS 1,016,729.00 04/12/2006 2000103761
100677 COMMUNICATIONS INTERNATIONAL INC 210,354.11 04/12/2006 2000103762
100861 DON HUNTER SHERIFF 77,703.93 04/12/2006 2000103763
100897 DWIGHT E BROCK CLERK OF COURTS 2,550.55 04/12/2006 2000103764
101405 HASKINS INC 264,600.00 04/12/2006 2000103765
101678 JOHNSON CONTROLS INC 7,000.00 04/12/2006 2000103766
101770 KYLE CONSTRUCTION INC 17,367.46 04/12/2006 2000103767
103242 WAYNE WILES CARPETS INC 6,584.00 04/12/2006 2000103768
104044 DOUGLAS N HIGGINS INC 253,654.97 04/12/2006 2000103769
110401 CORE SERVICES LLC 20,165.76 04/12/2006 2000103770
101405 HASKINS INC 10,947.51 04/12/2006 2000103772
103795 CDWG 400.00 04/12/2006 2000103773
103795 CDWG 46,034.95 04/12/2006 2000103774
100377 BETTER ROADS INC 60,876.60 04/13/2006 2000103791
100378 BETTER ROADS INC 88,617.81 04/13/2006 2000103792
100628 COLLIER COUNTY SHERIFFS OFFICE 1,923.80 04/13/2006 2000103793
100677 COMMUNICATIONS INTERNATIONAL INC 551.50 04/13/2006 2000103794
101862 LODGE CONSTRUCTION INC 31,109.64 04/13/2006 2000103795
102915 TAMIAMI FORD INC 26,877.00 04/13/2006 2000103796
103795 CDWG 2,246.18 04/13/2006 2000103797
103947 DELL MARKETING LP 149.90 04/13/2006 2000103798
103959 MCDONALD TRANSIT ASSOCIATES INC 68,774.50 04/13/2006 2000103799
104573 GREELEY & HANSEN LLC 7,174.04 04/13/2006 2000103800
106703 WILSON MILLER INC 15,102.14 04/13/2006 2000103801
102716 SHI ACCOUNT EXEC 503,054.98 04/13/2006 2000103802
1010 INTERNAL REVENUE SERVICE 3,442.50 04/14/2006 2000103805
1611
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
April 21, 2006
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Wentworth Estates Community Development District
1. Wentworth Estates Community Development District has submitted the following item:
a. Minutes of July 18, 2005 meeting.
Thank you
...."':\ ~
:Ispeciallspecial
Misc. Corres:
Date:.
Item#:~
Copies to.
Wentworth Estates Community Development 16 I 1
District
210N. University Drive, Suite 800 . Coral Springs, Florida 33071 Telephone: (954) 753-0380 . Fax: (954) 796-0623
Date: July 11, 2005
To: Clerk of the Circuit Court
Finance Department
c/o James L. Mitchell
2671 Airport Rd.
Court Plaza III
P.O. Box 413016
Naples, FL 34112-3016
From:
Mona Slaughter, District Recording Secretary
Re:
Minutes of meeting July 18,2005 Meeting approved September 19,2005
Enclosed please find for your records a copy of the minutes of the above-referenced meeting of
the Board of Supervisors of the Wentworth Estates Community Development District, which are
to be kept on file for public access during normal business hours.
Encl.
:rbh
Cc:
For information purposes only:
James Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administrative Bldg., 2nd Fl.
Naples, FL 34112
Mr. Anthony Franda, CPA
V.K. Development Corporation
19275 W. Capitol Drive
Brookfield, WI 53045
Jeffrey S. Kennensohn, Esq.
5801 Pelican Bay Blvd., Suite 300
Naples, FL 34108-2709
APR) ;, \ 2006
MINUTES OF MEETING
WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRlCT
1~\,~1
~o,\o." I" 01
The regular meeting of the Board of Supervisors of the Wentworth Estates Community
Development District was held on Monday, July 18, 2005 at 10:00 a.m. at the offices of Johnson
Engineering, Inc., 2350 Stanford Court, Naples, Florida.
Present and constituting a quorum were:
Howard Taylor
Matt Rocco
Matt Mathias
Chris Gray
Esther Van Lare
Chairman
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
Jim Ward
Mike Eckert
Chris Hagen
Bob Gang
Lydia Kiser
Cheryl Deering
Manager
Attorney
Engineer
Bond Counsel (Via telephone)
Prager, Sealy & Co. (Via telephone)
FIRST ORDER OF BUSINESS Roll Call
Mr. Ward called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Organizational Matters
A. Acceptance of Resignation of Mr. Mark Helweg and Mr. Paul San Fillippo
Mr. Ward stated I received letters of resignation from Mr. Helweg and Mr. San Fillippo.
Mr. Helweg's was placed in the agenda package and I have Mr. San Fillippo's which essentially
states the same, which is the letter of his formal resignation from the Board of Supervisor's of
Wentworth Estates.
APR
',J.[IO:::
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On MOTION by Ms. Van Lare seconded by Mr. Rocco with all in
favor the resignations of Mr. Mark Helweg and Mr. Paul San
Fillippo were accepted.
B. Appointment of Supervisors to Fill the Unexpired Term of Office
Mr. Ward stated the statute allows the balance of the Board to appoint individuals to
serve the unexpired terms of Mr. Helweg and Mr. San Fillippo. It would be appropriate for the
July 18, 2005
Wentworth Estates CDD 1 6 11,
Board to discuss the replacement of Mr. San Fillippo at this time. The landowner is
recommending Mr. Matt Mathias, who is with us today, as the replacement for Mr. San
Fillipppo and at your desire a simple motion to appoint Mr. Mathias to the unexpired term is in
order.
Mr. Taylor nominated Mr. Matt Mathias as Supervisor and Ms.
Van Lare seconded the nomination; there being no further
nominations, with all in favor Mr. Mathias was appointed as
Supervisor.
Mr. Ward stated we will do the other appointment next and then I will do the swearing
Ill. The appointment is to replace Mr. Helweg and the landowner is recommending Mr. Chris
Gray as the replacement and again a motion to appoint Mr. Gray if it is your desire is in order.
Ms. Van Lare nominated Mr. Chris Gray as Supervisor and Mr.
Taylor seconded the nomination; there being no further
nominations, with all in favor Mr. Gray was appointed as
Supervisor.
c. Oath of Office of Newly Appointed Supervisors
Mr. Ward, being a Notary Public of the State of Florida, administered the oath of office
to Mr. Mathias and Mr. Gray and a copy of the signed oaths are attached hereto and made a part
of the public record.
I am handing to you a Form I, Statement of Financial Interest. You are required to fill
out the Form 1 and return it to the Supervisor of Elections in the county in which you reside
within 30 days of today's date. I strongly encourage you to do so as the Supervisor has the
ability under the current law to fine you and they have been.
For the existing Supervisors you also should have received a Form I from the Supervisor
of Elections and I also encourage you to fill it out and return it to the Supervisor's office by the
end of the month.
In addition for the two new Board members, one of the laws in Florida I want to remind
you about is the Sunshine Law, which indicates no two members of the Board may do business
outside of a open noticed public meeting, nor may you use your staff or a member of the public
to communicate to another Board member on a matter which may foreseeably appear before the
Board.
2
July 18, 2005 Wentworth Estates CDD 1 6 11
I have also attached to the Form 1 an overview of the Ethics Laws. If you have any
questions you can ask Mr. Eckert or myself.
Mr. Eckert stated one of the things people need to be careful about is emailing back and
forth on matters which may come before the Board for discussion at a future point in time. I
strongly encourage you if you have questions about District business to contact Mr. Ward or
someone from my office and we can help you resolve those and figure out the way to present
those for the next agenda that is appropriate and keeps everybody out of trouble.
There is another law that applies and it is the public records law. It applies to the records
the District Manager's office keeps, but it also applies to the records Supervisors keep if they
choose to do so. There is no requirement you keep the records you get at these meetings,
however; if you choose to do so someone can make a request for those records and you will be
obligated to turn those over. Along with that I encourage you, if you do choose to keep the
records, to keep them separate from your personal and business papers.
If you get a public records request personally you should notify Mr. Ward's office
immediately so it can be handled through the District Manager's office.
Mr. Ward stated in addition the information we send to you on a regular basis ,with
respect to your meetings, we do keep complete copies of those in the District's official records.
D. Consideration of Resolution 2005-01, Designating a Vice Chairman
Mr. Ward stated the next two items are to deal with Mr. Helweg who was your Vice
Chairman and Mr. San Fillippo as Assistant Secretary. Currently Mr. Taylor serves as your
Chairperson and Mr. Rocco and Ms. Van Lare serve as Assistant Secretaries. First we will do
the Vice Chairman. You can reorganize the whole Board or you can deal with just adding any
one of the other four as Vice Chairman.
On MOTION by Mr. Taylor seconded by Ms. Van Lare with all in
favor Resolution 2005-01 Designating Mr. Matt Rocco as Vice
Chairman was adopted.
E. Consideration of Resolution 2005-02, Designating Assistant Secretaries
Mr. Ward stated with respect to your Assistant Secretaries we will add Mr. Mathias and
Mr. Gray as Assistant Secretaries.
3
July 18, 2005
Wentworth Estates CDD 1 6 11
On MOTION by Ms. Van Lare seconded by Mr. Taylor with all in
favor Resolution 2005-02 Designating Mr. Mathias and Mr. Gray
as Assistant Secretaries was adopted.
THIRD ORDER OF BUSINESS Approval of Minutes of the September 9
and 16,2004 Meetings
Mr. Ward stated each Board member received a copy of the minutes of the September 9
and 16, 2004 meetings and requested any additions, corrections or deletions.
Mr. Eckert stated I would like the minutes from the September 16, 2004 meeting to
include under the first motion box on page two; for the record no members of the public are in
attendance, no public comments were received and no written comments were received prior to
the public hearing.
On MOTION by Ms. Van Lare seconded by Mr. Taylor with all in
favor the minutes of the September 9 and 16, 2004 meetings were
approved as amended.
FIFTH ORDER OF BUSINESS Consideration of Resolution 2005-4
Approving the Budget (attached to
Resolution as Exhibit A) and Setting the
Public Hearing for September 19, 2005,
10:00 a.m. at the Offices of Johnson
engineering, 2350 Stanford Court,
Naples, Florida 34412
Mr. Ward stated enclosed in your agenda package is a draft of the proposed budget for
Fiscal Year 2006, which begins on October I st of this year and ends September 30, 2006.
The approval of this particular budget simply allows you to move forward through the
process so by the time you get to your public hearing on September 19th you will have the ability
to adopt and put in place any assessments or developer agreements necessary to fund it. At this
point it only covers what we call your general fund, which is similar to what you saw when you
first established the District for the administration expenses associated with it. For this budget it
is essentially contemplated there will be a developer agreement associated with it in September,
where the developer will be required to fund up to the amount in the budget but not over it and
not fund expenses not incurred for fiscal year 2006. I do anticipate once we issue bonds we will
end up amending your budget during the public hearing process to include the debt service and
capital projects funds associated with the proposed bond issue.
4
July 18, 2005
Wentworth Estates CDD 16 /1
At this point all we are asking you to do is approve the budget for the sole purpose of
setting your public hearing.
On MOTION by Ms. Van Lare seconded by Mr. Rocco with all in
favor Resolution 2005-4 Approving the Budget (attached to
Resolution as Exhibit A) and Setting the Public Hearing for
September 19, 2005, 10:00 a.m. at the Offices of Johnson
Engineering, 2350 Stanford Court, Naples, Florida 34412 was
adopted.
SIXTH ORDER OF BUSINESS Staff Reports
A. Attorney
There being no report, the next item followed.
B. Engineer
There being no report, the next item followed.
C. Manager - Number of Registered Voters - 0
Mr. Ward stated the only item I have for you is pursuant to statute the Supervisor of
Election is required to advise the District each year of the number of registered voters within the
boundaries of the District and there are zero. It will become significant when you hit two
thresholds under the statute. One being 250 qualified electors and two being six years from the
date of establishment of the District. At that point you begin to transition the Board from a
landowner based election to a qualified elector based election, which means people living within
the boundaries of the District will begin to be elected this Board and we do that through the
Supervisor of Elections office.
SEVENTH ORDER OF BUSINESS Supervisor's Request and Audience
Comments
Mr. Taylor stated I have a problem with the noticing of the meetings. There have been
meetings I have shown up for which have not taken place. The last meeting I learned from Mr.
Kuttemperoor two days before the meeting it was being canceled. I believe a little attention
needs to be paid to noticing the Board members as to when there are meetings and when they are
cancelled.
Mr. Ward stated I have personally taken on the responsibility of noticing you.
EIGHTH ORDER OF BUSINESS
Approval of Financials
5
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"
July 18, 2005
Wentworth Estates CDDtf,.
Mr. Ward stated you have enclosed the financials. There is no need for you to approve
them. If you have any questions on them I will be happy to answer them.
There not being any, the next item followed.
The record will reflect the Board took a ten-minute recess.
FOURTH ORDER OF BUSINESS
Consideration of Resolution 2005-3 - A
Resolution of the Board of Supervisors of
'Wentworth Estates Community
Development District Authorizing the
Issuance of Not to Exceed a Combined
Aggregate Principal Amount of
$70,0000,000 of its Wentworth Estates
Community Development District
(Collier County, Florida) Special
Assessment Bonds, Series 2005A and its
Wentworth Estates Community
Development District (Collier County,
Florida) Special Assessment Bonds,
Series 2005B (Collectively, the "Series
2005 Bonds"); Determining Certain
Details of the Series 2005 bonds;
Authorizing the Execution and Delivery
of a Master Trust Indenture and a First
Supplemental Trust Indenture;
Authorizing the Negotiated Sale of the
Series 2005 Bonds; Authorizing the
Execution and Delivery of a Bond
Purchase Contract with Respect to the
Series 2005 Bonds and Awarding the
Series 2005 Bonds to the Underwriter
named therein within Certain
Parameters; Approving the Form and
Authorizing the Distribution of the
Preliminary Limited Offering
Memorandum and its use by the
Underwriter in Connection with the
Offering For Sale of the Series 2005
Bonds and Approving the Execution and
Delivery of a Final Limited Offering
Memorandum; Authorizing the
Execution and Delivery of a Continuing
Disclosure Agreement; Authorizing the
Execution and Delivery of a True-up
Agreement; Authorizing the Execution
and Delivery of a Completion
Agreement; Authorizing the Execution
6
,~ "'11
t
July 18, 2005
Wentworth Estates CDD 1 6 , 1
and Delivery of an Acquisition
Agreement; Providing for the
Application of Series 2005 Bond
Proceeds; Authorizing the Proper
Official to do all things deemed
necessary in connection with the
Issuance Sale and Delivery of the Series
2005 Bonds; Making Certain
Declarations; Providing an Effective
Date and for other Purposes
A. Exhibit A - Master Trust Indenture
B. Exhibit B - First Supplemental Trust Indenture
C. Exhibit C - Bond Purchase Contract
D. Exhibit D - Preliminary Limited Offering Memorandum
E. Exhibit E - Form of Rule 15c2-12 Certificate
F. Exhibit F - Continuing Disclosure Agreement and Dissemination Agent
Agreement
G. Exhibit G - True-Up Agreement
H. Exhibit H - Completion agreement
I. Exhibit I - Acquisition Agreement
Mr. Gang stated you have before you the Delegation Resolution. The resolution has
attached all of the basic documents you need in order to authorize the issuance of the bonds in
an amount not to exceed $70,000,000. There is a form of Master Trust Indenture, which is the
contract between the District and the bondholders and the bondholders are represented by
Wachovia Bank as the Bond Trustee. There is a First Supplemental Trust Indenture, which will
have all the details of the sale of the Series of bonds which are about to go to market and sale.
The form of a Bond Purchase Agreement Prager & Sealy has produced with counsel and it will
have all of the numbers filled in once the pricing has taken place. There is a form of
Preliminary Limited Offering Memorandum, which is the disclosure document with information
about the District, terms of the sales and security for the bondholders. It is a document we
continue to work on right up to the moment we post it on the Internet and print it. There is a
form of 15c2-12 Certificate, which is to be signed by the Chairman or his designee at the time
the Preliminary Limited Offering Memorandum is deemed to be final enough to post for
investors. There is a Continuing Disclosure Agreement which is required by the Securities and
Exchange Commission where the District and the various developer entities who own land
sufficient to generate 20% of assessment liability are obligated quarterly continuing information
so the investors can monitor the progress of the development. There is a form of True-Up
Agreement between the principal developers and the District, which relates to the assessments
and the program and whether prepayment may have to be made in order to avoid not having
7
July 18, 2005
L'~:.l
Wentworth Estates CDD U
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"1
"
enough density. If the development is proceeding as planned, payments wiJ] not have to be
made. It is an essential agreement bondholder's look for. The form of Completion Agreement
which the principal developers entered into with the District to assure the infrastructure is
completed. The form of Acquisition Agreement where a lot of the infrastructure is already
being built by the developers and will be sold to the District.
All of these agreements are being approved today upon passage of this resolution. The
sections of the resolution I want to bring to your attention is the bonds are being authorized and
the various agreements are being approved one by one, by the Master Indenture on page 3.
Section 4 on page 6 contains statutorily required findings in order to sell your bonds through a
negotiated sale with Prager, Sealy & Co. as opposed to having a competitive sale where the
bonds are put up for bid. You have to make certain statutory findings and those are set forth in
Section 4. Since this is an unrated and un-credit enhanced type of transaction that is limited to
sophisticated investors, primarily institutional investors. It will be totally inappropriate to
require a public bidding for the bonds. Section 5 approves the Bond Purchase Agreement but
the reason it is called a Delegation Resolution is it sets forth certain parameters within which the
Chairman is authorized to accept the offer of Prager, Sealy & Co. as long as it is within the
parameters. The parameters being: the purchase does not exceed $70,000,000 in both A & B
Bonds, the arbitrage yield does not exceed 6 'i2%, the 2005 A bonds do not mature later May 1,
2037 and the B bonds not later than May 1,2015, the 2005 Bonds cannot be amortized in more
than 30 yearly installments, and the price the bonds sold to the underwriters cannot be less than
98% of the aggregate face amount of the bonds. As long as those parameters are met the
Chairman or his designee can award the bonds to Prager, Sealy & Co. whenever they go to
market, price them and bring back an offer. Section 6 approves the Preliminary Limited
Offering Memorandum and authorizes execution after the sale of the Final Offering
Memorandum. The various agreements I mentioned before are authorized in the following
sections. Section 12 contains a general authorization to do anything necessary to complete the
transaction, which has not been specifically authorized.
This is pretty much what the resolution does. You have a lot of exhibits. We will
continue to work on fine-tuning those documents to be signed either at the sale or the closing. If
you have any questions I will try to respond to those.
Mr. Eckert stated one of the modifications to the Completion, Acquisition and True-Up
Agreements is we wiJ] be adding the golf course owner VK Holding, Traviso Bay Golf Course,
LLC.
8
July 18, 2005
Wentworth Estates CDD 16 , 1
Mr. Rocco asked what if market conditions change and it drops to 6~%?
Mr. Ward responded we will have to come back to you.
Ms. Kiser stated if we were pricing the bonds today the interest rate would 100 basis
points lower. We believe we have put a reasonable cushion, but much will be determined on
when we are able to go to market. Currently we are waiting on the Army Corps of Engineers
permit, but we understand it is expected over the next few weeks and if that is the case than we
are comfortable with these parameters. If it is delayed much longer and the market does change
as Mr. Ward said we will have to come back to you.
On MOTION by Mr. Taylor seconded by Mr. Rocco with all in
favor Resolution 2005-3 - A Resolution of the Board of
Supervisors of Wentworth Estates Community Development
District Authorizing the Issuance of Not to Exceed a Combined
Aggregate Principal Amount of $70,0000,000 of its Wentworth
Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005A and its Wentworth
Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (Collectively, the "Series
2005 Bonds"); Determining Certain Details of the Series 2005
bonds; Authorizing the Execution and Delivery of a Master Trust
Indenture and a First Supplemental Trust Indenture; Authorizing
the Negotiated Sale of the Series 2005 Bonds; Authorizing the
Execution and Delivery of a Bond Purchase Contract with Respect
to the Series 2005 Bonds and A warding the Series 2005 Bonds to
the Underwriter named therein within Certain Parameters;
Approving the Form and Authorizing the Distribution of the
Preliminary Limited Offering Memorandum and its use by the
Underwriter in Connection with the Offering For Sale of the Series
2005 Bonds and Approving the Execution and Delivery of a Final
Limited Offering Memorandum; Authorizing the Execution and
Delivery of a Continuing Disclosure Agreement; Authorizing the
Execution and Delivery of a True-up Agreement; Authorizing the
Execution and Delivery of a Completion Agreement; Authorizing
the Execution and Delivery of an Acquisition Agreement;
Providing for the Application of Series 2005 Bond Proceeds;
Authorizing the Proper Official to do all things deemed necessary
in connection with the Issuance Sale and Delivery of the Series
2005 Bonds; Making Certain Declarations; Providing an Effective
Date and for other Purposes was adopted.
Organizational Matters (Continued)
Ms. Van Lare stated I would like to resign from the Board.
9
July 18, 2005
Wentworth Estates CDD 11 (i"'
..1
Mr. Ward stated you are welcome to do here officially for the record. We thank you
very much for your service.
The landowner is requesting Ms. Cheryl Deering be appointed to fill the unexpired term.
On MOTION by Mr. Taylor seconded by Mr. Rocco with all in
favor Ms. Cheryl Deering was appointed Supervisor.
Mr. Ward, being a Notary Public of the State of Florida, administered the oath of office
to Ms. Deering and a copy of the signed oath is attached hereto and made a part of the public
record.
On MOTION by Mr. Taylor seconded by Mr. Gray with all in
favor Resolution 2005-04 Designating Ms. Cheryl Deering as
Assistant Secretary was adopted.
NINTH ORDER OF BUSINESS
There being no further business,
Adjournment
On MOTION by Mr. Taylor seconded by Mr. Gray with all in
favor the meeting was adjourned.
C)A~~
~
Assistant Secretary
IV;;:
Howard Taylor
Chairman
10
1611
Agenda
Wentworth Estates
Community Development District
Monday
July 18, 2005
10:00 a.m.
Johnson Engineering, Inc.
2350 Stanford Court
Naples, Florida
I. Roll Call
2. Organizational Matters
A. Acceptance of Resignation of Mr. Mark Helweg and Mr. Paul San Filippo
B. Appointment of Supervisors to Fill the Unexpired Term of Office
C. Oath of Office of Newly Appointed Supervisors
D. Consideration of Resolution 2005-1, Designating a Vice Chairman
E. Consideration of Resolution 2005-2, Designating Assistant Secretaries
3. Approvalofthe Minutes of the September 9 and 16,2004 Meetings
4. Consideration of Resolution 2005-3 - A Resolution of the Board of Supervisors of
Wentworth Estates Community Development District Authorizing the Issuance of Not to
Exceed a Combined Aggregate Principal Amount of $70,0000,000 of its Wentworth Estates
Community Development District (Collier County, Florida) Special Assessment Bonds,
Series 2005A and its Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005B (Collectively, the "Series 2005
Bonds"); Determining Certain Details of the Series 2005 bonds; Authorizing the Execution
and Delivery of a Master Trust Indenture and a First Supplemental Trust Indenture;
Authorizing the Negotiated Sale of the Series 2005 Bonds; Authorizing the Execution and
Delivery of a Bond Purchase Contract with Respect to the Series 2005 Bonds and
A warding the Series 2005 Bonds to the Underwriter named therein within Certain
Parameters; Approving the Form and Authorizing the Distribution of the Preliminary
Limited Offering Memorandum and its use by the Underwriter in Connection with the
Offering For Sale of the Series 2005 Bonds and Approving the Execution and Delivery ofa
Final Limited Offering Memorandum; Authorizing the Execution and Delivery of a
Continuing Disclosure Agreement; Authorizing the Execution and Delivery of a True-up
Agreement; Authorizing the Execution and Delivery of a Completion Agreement;
Authorizing the Execution and Delivery of an Acquisition Agreement; Providing for the
Application of Series 2005 Bond Proceeds; Authorizing the Proper Official to do all things
deemed necessary in connection with the Issuance Sale and Delivery of the Series 2005
Bonds; Making Certain Declarations; Providing an Effective Date and for other Purposes.
A. Exhibit A - Master Trust Indenture
B. Exhibit B - First Supplemental Trust Indenture
C. Exhibit C - Bond Purchase Contract
')1 "
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D. Exhibit D - Preliminary Limited Offering Memorandum
E. Exhibit E - Form of Rule 15c2-12 Certificate
F. Exhibit F - Continuing Disclosure Agreement and Dissemination Agent Agreement
G. Exhibit G - True-Up Agreement
H. Exhibit H - Completion Agreement
I. Exhibit I - Acquisition Agreement
5. Consideration of Resolution 2005-4 Approving the Budget (attached to the Resolution as
Exhibit A) and Setting the Public Hearing for September 19, 2005, 10:00 a.m. at the offices
of Johnson Engineering, 2350 Stanford Court, Naples, Florida, 34412
6. Staff Reports
A. Attorney
B. Engineer
C. Manager - Report on number of Registered Voters - 0
7. Supervisor's Requests and Audience Comments
8. Approval of Financials
9. Adjournment
NOTE TO ALL MEETING ATTENDEES:
Please identify yourself each time you speak to facilitate transcription of
meeting minutes. Thank you for your assistance.
f~ ,<;: I
..1
..
A
Naples Daily News
Naples, FL 34102
1011
..
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
210 N UNIVERSITY DR #800
CORAL SPRINGS FL 33071-7320
Sworn to and Subscribed
20Q-5
"C':'-' '.-.-
'/.ii!. lU71~
REFERENCE: 062196
59071901
Notice Of MeetingWen
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 07/11
AD SPACE: 79.000 INCH
FILED ON: 07/11/05
----------------------------j(--~-----------------+------------------------
Signature of Affiant ;j.--f
Personally known by me
.....,.;,~", Harriett Bushong
..f'./:l;t!'...:~:~ MY COMMISSION # DD2!A689 E.XPIRE~
..,~. .:~f July 24. 2007 r
'~...., .~~~ ~ONDtD THRU TROY FAIN INSURANC.. IN.
",,(nfIW,~"
District Manager
Wentworth Estates CDD
10300 N W 11Th ManOI
Coral Springs, Florida 33071
Deal Sir:
Please accept this letter as my formal resignation from the Board of SupervisOI s of the
Wentworth Estates Community Development District
Sincerely,
~~ /Jp. ti2c;(~
Esther Van Lare
1611
Oath of Office
I, Matt Mathias, a resident of the State of Florida and citizen of the United States of
America, and being a Supervisor of the Wentworth Estates Community Development District
and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that
I will support the Constitution of the United States and of the State of Florida, and will faithfully,
honestly and impartially discharge the duties devolving upon me in the office of Supervisor of
the Wentworth Estates Community Development District, Collier County, Florida.
~)~
Matt Mathias
7--- )!, ;2tJcJ,s-
Date
Sworn to (or affIrmed) before me this 18th day of July, 2005 by
Matt Mathias whose signature appears hereinabove.
o"t!'-'( "v<t<:- James P. Ward
: ~ '; Commission # 00285436
~'" \)~..- Expires Janual)' 27 2008
(' OF f'.' _ Troy f.... -~. Inc. 1IOlhlI5-1V18
'-./r;mes j) Wo(d
Print Name
My Commission expires :;:;fL. ;<71 ;)(;() g
Personally known /' or produced identification
Type of identification
C4 .1/'
~"i
!;
1611
Oath of Office
I, Chris Gray, a resident of the State of Florida and citizen of the United States of
America, and being a Supervisor of the Wentworth Estates Community Development District
and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that
J will support the Constitution of the United States and of the State of Florida, and will faithfully,
honestly and impartially discharge the duties devolving upon me in the office of Supervisor of
the Wentworth Estates Community Development District, Collier County, Florida.
uL
~
Chris Gray
7 - 18- {jJ~
Date
Sworn to (or affirmed) before me this 18th day of July, 2005 by
Chris Gray whose signature appears hereinabove.
o'\t1'-~ PV,t James P. Ward
; ~ <; Commission # 00285436
1". \)~,,- Expires January 27 2008
l' OF "" ~ rroy fOOl .Ins<nooo. Inc 500-Ji$-I1l1V
-7"
Vomes
Print Name
j) Wurd
------
My Commission expires Jez fL. ,) 71 ;)(;() ~
Personally known /' or produced identification
Type of identification
~ /r '1
,&""l r_z.;.
Oath of Office
I, Cheryl Deering, a resident of the State of Florida and citizen of the United States of
America, and being a Supervisor of the Wentworth Estates Community Development District
and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that
I will support the Constitution of the United States and of the State of Florida, and will faithfully,
honestly and impartially discharge the duties devolving upon me in the office of Supervisor of
the Wentworth Estates Community Development District, Collier County, Florida.
/f / /}
(47/ vV~
Cheryl Deering /
7-/Y-cJ~~
Date
Sworn to (or affirmed) before me this 18th day of July, 2005 by
Cheryl Deering whose signature appears hereinabove.
o....tIty Pu8<;.. James P. Ward
~ ~ C; Commission # 00285436
~" \)~~ Expires January 27 2008
~ OF "" Ilondod Troy f... -1n><nooo.1nc 8OO--JIS.-11l19
Nota
\J(mes P Wore!
Print Name
----
My Commission expires J<<fL. ;171 ;)(;{) g
Personally known ~_ or produced identification
Type of identification~~_____~__~~__~__~_
16i~1
RESOLUTION 2005-1
A RESOLUTION DESIGNATING MATT ROCCO AS VICE-
CHAIRMAN OF THE WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT
WHEREAS, the Board of Supervisors of the Wentworth Estates Community
Development District desire to appoint Matt Rocco as Vice-Chairman;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISOR OF THE WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT:
1. Matt Rocco is appointed Vice-Chairman.
Adopted this 18th day of July, 2005,
lit;::;
Howard Taylor
Chairman
~Jl~
Assistant Secretary
~,~.~ /:'
J.L? n ~
RESOLUTION 2005-02
A RESOLUTION DESIGNATING MATT MATHIAS AND
CHRIS GRAY AS ASSISTANT SECRETARIES OF THE
WENTWORTH ESTATES COMMUNITY DEVELOPMENT
DISTRICT
WHEREAS, the Board of Supervisors of the Wentworth Estates Community
Development District desire to appoint Matt Mathias and Chris Gray as Assistant Secretaries;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISOR OF THE WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT:
I. Matt Mathis and Chris Gray are appointed Assistant Secretaries.
Adopted this 18th day of July, 2005,
~
Howard Taylor
Chairman
~~
Assistant Secretary
1611
RESOLUTION 2005-_ 05 _
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED A COMBINED
AGGREGATE PRINCIPAL AMOUNT OF $70,000,000 OF ITS
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA) SPECIAL ASSESSMENT BONDS,
SERIES 2005A AND ITS WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT (COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BONDS, SERIES 2005B (COLLECTIVELY,
THE "SERIES 2005 BONDS"); DETERMINING CERTAIN DETAILS OF
THE SERIES 2005 BONDS; AUTHORIZING THE EXECUTION AND
DELIVERY OF A MASTER TRUST INDENTURE AND A FIRST
SUPPLEMENTAL TRUST INDENTURE; AUTHORIZING THE
NEGOTIATED SALE OF THE SERIES 2005 BONDS; AUTHORIZING
THE EXECUTION AND DELIVERY OF A BOND PURCHASE
CONTRACT WITH RESPECT TO THE SERIES 2005 BONDS AND
AWARDING THE SERIES 2005 BONDS TO THE UNDERWRITER
NAMED THEREIN WITHIN CERTAIN PARAMETERS; APPROVING
THE FORM AND AUTHORIZING THE DISTRIBUTION OF THE
PRELIMINARY LIMITED OFFERING MEMORANDUM AND ITS USE
BY THE UNDERWRITER IN CONNECTION WITH THE OFFERING
FOR SALE OF THE SERIES 2005 BONDS AND APPROVING THE
EXECUTION AND DELIVERY OF A FINAL LIMITED OFFERING
MEMORANDUM; AUTHORIZING THE EXECUTION AND DELIVERY
OF A CONTINUING DISCLOSURE AGREEMENT; AUTHORIZING
THE EXECUTION AND DELIVERY OF A TRUE-UP AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF A
COMPLETION AGREEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF AN ACQUISITION AGREEMENT; PROVIDING
FOR THE APPLICATION OF SERIES 2005 BOND PROCEEDS;
AUTHORIZING THE PROPER OFFICIALS TO DO ALL THINGS
DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE,
SALE AND DELIVERY OF THE SERIES 2005 BONDS; MAKING
CERTAIN DECLARATIONS; PROVIDING AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
,/
WHEREAS, Wentworth Estates Community Development District (the "District") is a
local unit of special-purpose government organized and existing in accordance with the Uniform
Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the
"Act"), created by Ordinance No. 2004-37 of the Board of County Commissioners of Collier
County, Florida, effective on June 15,2004;
mia-fsl\I()(JR91Ivm\717/11)\hS54S.010IlHI
3
..
WHEREAS, the District was created for the purpose of delivering certain community
development services and facilities within its jurisdiction, and the District has decided to
undertake the design, acquisition and/or construction of certain infrastructure improvements
consisting of roadway improvements, a stormwater management system, landscaping, water and
sewer facilities, irrigation system, wetland mitigation and off-site improvements pursuant to the
Act (the "Project");
WHEREAS, the District duly adopted Resolution No. 2004-17 on July 7, 2004 (the
"Initial Resolution"), authorizing, among other things, the issuance in one or more series of not
to exceed $100,000,000 aggregate principal amount of its Special Assessment Bonds in order to
finance the costs of the Project; and
WHEREAS, this Resolution shall constitute the "Subsequent Resolution" as provided
for in Section 9 of the Initial Resolution; and
WHEREAS, the District has determined to issue its Wentworth Estates Community
Development District (Collier County, Florida) Special Assessment Bonds, Series 2005A (the
"Series 2005A Bonds") and its Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2oo5B (the "Series 2oo5B Bonds" and
together with the Series 2005A Bonds, the "Series 2005 Bonds"), for the purpose, among other
things, of providing funds for the payment of the costs of the portion of the Project described in
Exhibit A to the hereinafter described First Supplemental Trust Indenture, the "Series 2005
Project"; and
WHEREAS, there has been submitted to this meeting with respect to the issuance and
sale of the Series 2005 Bonds and submitted to the Board:
(i) a form of Master Trust Indenture between Wachovia Bank, National
Association, as Trustee (the "Trustee") and the District attached hereto as Exhibit
A (the "Master Indenture");
(ii) a form of First Supplemental Trust Indenture between the Trustee and the
District attached hereto as Exhibit B (the "First Supplemental Indenture" and
together with the Master Indenture, the "Indenture");
(iii) a form of Bond Purchase Contract with respect to the Series 2005 Bonds
between Prager, Sealy & Co., LLC (the "Underwriter") and the District attached
hereto as Exhibit C (the "Bond Purchase Contract"), together with the form of a
disclosure statement attached to the Bond Purchase Contract in accordance with
Section 218.385, Florida Statutes; and
(iv) the Preliminary Limited Offering Memorandum, attached hereto as
Exhibit D (the "Preliminary Limited Offering Memorandum");
(v) a form of Rule 15c2-12 Certificate of the District, attached hereto as
Ex hibit E (the "Rule 15c2-12 Certificate");
mia-f., 1\ I f,ll'i\\} II d ))\7(l!O5\(1 'l.'l..1"d 1 I Ii Ion
4
16 II'
4
(vi) a form of Continuing Disclosure Agreement, among the District, Treviso
Bay Development, LLC, and VK Holdings Treviso Bay Golf Course, LLC, and
Prager, Sealy & Co., LLC, as Dissemination Agent, (the "Continuing Disclosure
Agreement") and a Dissemination Agent Agreement, between the District and the
Dissemination Agent (the "Dissemination Agreement") attached hereto as
composite Exhibit F; and
(vii) a form of True-Up Agreement to be entered into among the District,
Treviso Bay Development, LLC, and VK Holdings Treviso Bay Golf Course,
LLC, attached hereto as Exhibit G;
(viii) a form of Completion Agreement to be entered into among the District,
Treviso Bay Development, LLC, and VK Holdings Treviso Bay Golf Course,
LLC, attached hereto as Exhibit H; and
(ix) a form of Acquisition Agreement to be entered into among the District,
Treviso Bay Development, LLC, and VK Holdings Treviso Bay Golf Course,
LLC, attached hereto as Exhibit I.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Wentworth
Estates Community Development District, as follows:
Section 1. Authorization of Issuance of Series 2005 Bonds. There are hereby
authorized and directed to be issued the Wentworth Estates Community Development District
(Collier County, Florida) Special Assessment Bonds, Series 2005A (the "Series 2005A Bonds")
and the Wentworth Estates Community Development District (Collier County, Florida) Special
Assessment Bonds, Series 2005B (the "Series 2005B Bonds" and together with the Series 2005A
Bonds, the "Series 2005 Bonds") for the purposes, among others, of providing funds for the
payment of the costs of the Series 2005 Project. The Series 2005 Bonds shall be issued under
and secured by the Indenture referred to below, the forms of which by reference are hereby
incorporated into this resolution as if set forth in full herein.
Section 2. Details of the Series 200S Bonds. The District hereby determines that the
Series 2005 Bonds shall mature in the amounts and at the times, shall bear interest at the rates, be
redeemable at the redemption prices all as determined by the Chairman of the Board of
Supervisors of the District (the "Chairman") or any member of the Board of Supervisors
designated by the Chairman, prior to sale of said Series 2005 Bonds, all within the parameters set
forth in Section 5 hereof.
Section 3. Trust Indenture. The District hereby ratifies, approves and confirms the
approval of the Master Indenture and authorizes the execution by the Chairman or any
Supervisor designated by the Chairman (a "Designated Member") and the Secretary of the Board
of Supervisors (the "Secretary") or any Assistant Secretary of the Board of Supervisors (an
"Assistant Secretary") and the delivery of the Master Indenture in substantially the form thereof
attached hereto as Exhibit A, with such changes therein as shall be approved by the Chairman or
Designated Member executing the same, with such execution to constitute conclusive evidence
O1i.-lsl\1608911 v05\7/7/0.\\6.1.1".I.1I III II">
5
>.:;;.-, ~
of such officer's approval and the District's approval of any changes therein from the form of
Master Indenture attached hereto.
The District hereby approves and authorizes the execution by the Chairman or any
Designated Member .and the Secretary or an Assistant Secretary and the delivery of the First
Supplemental Indenture in substantially the form thereof attached hereto as Exhibit B, with such
changes therein as shall be approved by the Chairman or Designated Member executing the
same, with such execution to constitute conclusive evidence. of such officer's approval and the
District's approval of any changes therein from the form of First Supplemental Indenture
attached hereto.
Section 4. Nee:otiated Sale. The Series 2005 Bonds shall be sold by a negotiated
sale to the Underwriter. It is hereby determined by the District that a negotiated sale of the
Series 2005 Bonds to the Underwriter will best effectuate the purposes of the Act, is in the best
interests of the District and is necessitated by, in general, the characteristics of the issue and
prevailing market conditions and specifically, the following additional reasons:
(i) because of the complexity of the financing structure of the Series 2005 Bonds, it is
desirable to sell the Series 2005 Bonds pursuant to a negotiated sale so as to have an underwriter
involved from the outset of the financing to assist in these matters;
(ii) because of changing market conditions for tax-exempt bonds and the necessity of
being able to adjust the terms of the Series 2005 Bonds, it is in the best interests of the District to
sell the Series 2005 Bonds by a negotiated sale;
(iii) the Underwriter has participated in structuring the issuance of the Series 2005 Bonds
and can assist the District in attempting to obtain the most attractive financing for the District;
and
(iv) the District will not be adversely affected if the Series 2005 Bonds are not sold
pursuant to a competitive sale.
Section 5. Bond Purchase Contract. The District hereby approves the form of the
Bond Purchase Contract submitted by the Underwriter and attached as Exhibit C hereto, and the
sale of the Series 2005 Bonds by the District upon the terms and conditions set forth in the Bond
Purchase Contract is hereby approved. The Chairman or Designated Member are each hereby
authorized, acting individually, to execute the Bond Purchase Contract and to deliver the Bond
Purchase Contract to the Underwriter. The Bond Purchase Contract shall be in substantially the
form of the Bond Purchase Contract attached hereto as Exhibit C with such changes,
amendments, modifications, omissions and additions as may be approved by the Chairman or the
Designated Member; provided, however,
(I) The combined aggregate principal amount of the Series 2005A Bonds and Series
2005B Bonds shall not exceed $70,000,000;
(2) The arbitrage yield on the Series 2005 Bonds shall not exceed 6.50% per annum;
mia-f~I\ Ifill89 II vO:'\\7171O:,\\f)')S45.O I [lJoo
6
1611
(3) The Series 2oo5A Bonds shall finally mature not later than May 1, 2037, and the
Series 2005B Bonds shall finally mature not later than May 1,2015;
(4) The Series 2005 Bonds shall be amortized in not more than 30 yearly
installments; and
(5) The price at which the Series 2005 Bonds shaH be sold to the Underwriter shall
not be less than 98% of the aggregate face amount of the Series 2005 Bonds, exclusive of
original issue discount.
Execution by the Chairman or Designated Member of the Bond Purchase Agreement
shaH be deemed to be conclusive evidence of approval of such changes.
Section 6. Preliminary Limited Offerin! Memorandum: Final Limited
Offerin! Memorandum. The District hereby approves the form of the Preliminary Limited
Offering Memorandum subntitted to this meeting and attached hereto as Exhibit D and
authorizes its distribution and use in connection with the lintited offering for sale of the Series
2005 Bonds. The preparation of a final Lintited Offering Memorandum is hereby approved and
the Chairman or Designated Member is hereby authorized to execute such final Limited Offering
Memorandum to be dated the date of the award of the Series 2005 Bonds and, upon such award,
to deliver the same to the Underwriter for use by it in connection with the sale and distribution of
the Series 2005 Bonds. The Lintited Offering Memorandum shall be substantially in the form of
the Prelintinary Limited Offering Memorandum attached as Exhibit D hereto, with such changes
as shall be approved by the Chairman or Designated Member as necessary to conform the details
of the Series 2005 Bonds and such other insertions, modifications and changes as may be
approved by the Chairman or Designated Member. The execution and delivery of the Limited
Offering Memorandum by the Chairman or Designated Member shall constitute evidence of the
approval thereof. The District hereby authorizes the use of the Limited Offering Memorandum
and the information contained therein in connection with the offering and sale of the Series 2005
Bonds. The Chairman is further authorized to deem the Prelintinary Limited Offering
Memorandum "final" within the meaning of Rule 15c2-12 of the Securities and Exchange
Commission under the Securities Exchange Act of 1934, in the form as mailed, and in
furtherance thereof to execute a certificate evidencing the same substantially in the form attached
hereto as Exhibit E.
Section 7. Continuin! Disclosure. The District hereby authorizes and approves the
execution and delivery of each of the Continuing Disclosure Agreement and the Dissentination
Agreement by the Chairman or Designated Member substantially in the respective form attached
hereto as composite Exhibit F, with such changes therein as shall be approved by the Chairman
or Designated Member executing the same, with such execution to constitute conclusive
evidence of such officer's approval and the District's approval of any changes therein from the
form of Continuing Disclosure Agreement or the Dissemination Agreement, as the case may be,
attached hereto. The Continuing Disclosure Agreement is being executed by the District in order
to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-
12(b)(5).
miJ-fsl\ Hl089 Ilvm\7171O:i\6."'l45.0 10100
7
Section 8. True-Up Aereement. The District hereby authorizes and approves the
execution and delivery of a True-Up Agreement by the Chairman or Designated Member
substantially in the form attached hereto as Exhibit G, with such changes therein as shall be
approved by the Chairman or Designated Member executing the same, with such execution to
constitute conclusive evidence of such officer's approval and the District's approval of any
changes therein from the form of True-Up Agreement attached hereto.
Section 9. Completion Aereement. The District hereby authorizes and approves the
execution and delivery of a Completion Agreement by the Chairman or Designated Member
substantially in the form attached hereto as Exhibit H, with such changes therein as shall be
approved by the Chairman or Designated Member executing the same, with such execution to
constitute conclusive evidence of such officer's approval and the District's approval of any
changes therein from the form of Completion Agreement attached hereto.
Section 10. Acquisition Aereement. The District hereby authorizes and approves the
execution and delivery of the Acquisition Agreement by the Chairman or Designated Member
substantially in the form attached hereto as Exhibit I, with such changes therein as shall be
approved by the Chairman or Designated Member executing the same, with such execution to
constitute conclusive evidence of such officer's approval and the District's approval of any
changes therein from the form of Acquisition Agreement attached hereto.
Section 11. Application of Bond Proceeds. The proceeds of the Series 2005A Bonds
shall be applied to (i) payment of a portion of the costs of the Series 2005 Project, (ii) payment of
interest on the Series 2005A Bonds for a period no longer than through November I, 2007, (iii)
funding of the Series 2005A Debt Service Reserve Account, and (iv) payment of a portion of the
costs of issuance of the Series 2005 Bonds. The proceeds of the Series 2005B Bonds shall be
applied to (i) payment of a portion of the costs of the Series 2005 Project, (ii) payment of interest
on the Series 2005B Bonds for a period no longer than through November I, 2007, (iii) funding
of the Series 2005B Debt Service Reserve Account, and (iv) payment of a portion of the costs of
issuance of the Series 2005 Bonds; all as shall be further described in Section 2.06 of the First
Supplemental Indenture.
Section 12. Further Official Action; Ratification of Prior and Subsequent Acts.
The Chairman, the Secretary and each member of the Board of Supervisors of the District and
any other proper official of the District are each hereby authorized and directed to execute and
deliver any and all documents and instruments (including, without limitation, any documents
required by the Trustee to evidence its rights and obligations with respect to the Series 2005
Bonds, any documents required in connection with implementation of a book-entry system of
registration, any funding agreements with the Developer, and investment agreements relating to
the investment of the proceeds of the Series 2005 Bonds and any agreements in connection with
maintaining the exclusion of interest on the Series 2005 Bonds from gross income of the holders
thereof) and to do and cause to be done any and all acts and things necessary or desirable for
carrying out the transactions contemplated by this Resolution. In the event that the Chairman or
the Secretary is unable to execute and deliver the documents herein contemplated, such
documents shall be executed and delivered by the respective designee of such officer or official
or any other duly authorized officer or official of the District. The Secretary or any Assistant
Secretary is hereby authorized and directed to apply and attest the official seal of the District to
mia-hl\ I fi089 1 1\0"05\717105\0.'\54:\0 JI) 100
8
/ ':11
j .,-,-"
1611
any agreement or instrument authorized or approved herein that requires such a seal and
attestation. The Chairman or any Designated Member may, among other things, change the date
of any document accompanying this Resolution as an exhibit. Execution by the Chairman or a
Designated Member of such document shall be deemed to be conclusive evidence of approval of
such change of date. All of the acts and doings of such members of the Board, the officers of the
District, and the agents and employees of the District, which are in conformity with the intent
and purposes of this resolution, whether heretofore or hereafter taken or done, shall be and are
hereby ratified, confirmed and approved.
Section 13. Severability. If any section, paragraph, clause or provlSlon of this
Resolution shall be held to be invalid or ineffective for any reason, the remainder of this
Resolution shall continue in full force and effect, it being expressly hereby found and declared
that the remainder of this Resolution would have been adopted despite the invalidity or
ineffectiveness of such section, paragraph, clause or provision.
Section 14. Inconsistent Proceedines. All resolutions or proceedings, or parts
thereof, in conflict with the provisions hereof are to the extent of such conflict hereby repealed or
amended to the extent of such inconsistency.
Section 15. Ratification of Initial Resolution. Except to the extent hereby modified,
the Initial Resolution of the District is hereby ratified, confirmed and approved in all respects.
Section 16.
adoption.
Effective Date. This resolution shall take effect immediately upon its
mia-f., 1\1~()8911 \115\71711)'i\~,,4).1) 1IlIllO
9
STATE OF FLORIDA
)
) SS:
)
COUNTY OF COLLIER
We, the undersigned, do hereby certify that we are duly qualified and acting members of
the Board of Supervisors of Wentworth Estates Community Development District (the
"District").
We further certify according to the official records of the District in our possession that
the above and foregoing constitutes a true and correct excerpt from the minutes of the meeting of
the Board of Supervisors of the District held on July 18, 2005, including a resolution adopted at
said meeting, and the forms of the documents which were authorized and approved at said
meeting, insofar as said minutes pertain to the matters above set out. Notice of said meeting of
the Board of Supervisors of the District was duly published as required by law, said notice
having been published in The Naples Daily News on
,2005.
We further certify that the ayes and nays taken on the passage of said resolution have
been or will immediately be entered on the minutes of the Board of Supervisors of the District
and that provision has been made for the preservation and indexing of said resolution, which is
open for inspection by the public at all reasonable times at the offices of the District, located in
Coral Springs, Florida.
We further certify, individually and collectively, recogmzmg that the purchasers and
subsequent owners of the Series 2005 Bonds referred to in the foregoing resolution will have
accepted such Bonds in reliance upon, inter alia, this certificate, that no two or more of us,
meeting together in any meeting which was not open to the public or of which the public did not
have notice, reached any prior conclusion as to whether the action taken by said resolution or any
part thereof should or should not be taken by the District or should be recommended as an action
to be taken or not to be taken by the District.
mia~fs1\1608911 v05l7nJO<;\6<;<;4<;.1I10100
11
1611
1611
SUBSCRIBED AND SWORN to before me, a Notary Public in the
State and County aforesaid, this _ day of July, 2005.
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public. Print, Slamp or Type as Commissioned)
01 Personally known to me, or
D2 Produced identification:
(Type of Identification Produced)
01 DID take an oath, or
[1 DID NOT take an oath.
mia-[,t\161l~9 J I vIl5\7ntll5\6>545.llt 11I1~1
13
"" ", ,
GT DRAFf IIW
1611
MASTER TRUST INDENTURE
between
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
and
'-VachO'lia Bank, National..'\ssociation,
WACHOVIA BANK, NATIONAL ASSOCIATION,
As Trustee
Dated as of June 1, 200SrDOCUMENT DATEl
relating to
WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BONDS
mi.-fsI\15fi6.~83v "l!c1\;Yl!III5\65545.IHIIIIIII
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.
SECTION 2.08.
SECTION 2.09.
SECTION 2.10.
SECTION 2.11.
SECTION 3.01.
SECTION 4.01.
SECTION 4.02.
Section 5.01
SECTION 6.01.
SECTION 6.02.
SECTION 6.03.
SECTION 6.04.
SECTION 6.05.
,~( ,j<1
:\
TABLE OF CONTENTS
PAGE
ARTICLE I
DEFINmONS
ARTICLE II
THE BONDS
Amounts and Terms of Bonds; Details of Bonds........................ ..... ......... 16
Execution................................................................................................... 17
Authentication; Authenticating Agent.... ................... .......................... ..... 17
Registration and Registrar ........ .................................. ............................... 18
Mutilated, Destroyed, Lost or Stolen Bonds ............................................. 18
Temporary Bonds ...... ...... ................................... ..... ....................... ........... 19
Cancellation and Destruction of Surrendered Bonds ................................19
Registration, Transfer and Exchange ........................................................19
Persons Deemed Owners...................................... ......... ............ ....... .........20
Limi tation on Incurrence of Certain Indebtedness.................................... 20
Qualification for The Depository Trust Company.................................... 20
ARTICLE ill
ISSUE OF BONDS
Issue of Bonds ........................ ......................... .......................................... 22
ARTICLE IV
ACQUISITION OF PROJECT
Project to Conform to Plans and Specifications; Changes........................ 26
Compliance Requirements.................................... ........................... ......... 26
ARTICLE V
ACQUISITION AND CONSTRUCTION FUND
Acquisition and Construction Fund............................................ ............... 27
ARTICLE VI
SPECIAL ASSESSMENTS;
APPLICATION THEREOF TO FUNDS AND ACCOUNTS
Special Assessments; Lien of Indenture on Pledged
Revenues.... ......... ..... ........ .................. ....... ..... ..... .... ............................ 29
Funds and Accounts Relating to the Bonds .............................................. 29
Revenue Fund...... ......... ................ ............. ...... ...... ........ ...... ............ .......... 30
Debt Service Fund.................. ................................................................... 31
Debt Service Reserve Fund....... _............................................................... 32
mia- fs1l15fi6583v l!c1\ Yl!lIl5\65545.1I11I1I~)
SECTION 6.06.
SECTION 6.07.
SECTION 6.08.
SECTION 6.09.
SECTION 6.10.
Ibll
Bond Redemption Fund.. .......... .................... ...... ...... ................. ...... ......... 35
Drawings on Credit Facility........ ................ ......................... ....... .............. 35
Procedure When Funds Are Sufficient to Pay All Bonds of
a Series.................... ........................................ ............. ....................... 36
Certain Moneys to Be Held for Series Bondowners Only........................ 36
Unclaimed Moneys............ ................................... ..................... ............... 36
ARTICLE VII
SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS
SECTION 7.01. Deposits and Security Therefor................................. ................................ 37
SECTION 7.02. Investment or Deposit of Funds ..... .................................................. ......... 37
SECTION 7.03. Valuation of Funds .................................................................................... 38
SECTION 8.01.
SECTION 8.02.
SECTION 8.03.
SECTION 8.04.
SECTION 9.01.
SECTION 9.02.
SECTION 9.03.
SECTION 9.04.
SECTION 9.05.
SECTION 9.06.
SECTION 9.07.
SECTION 9.08.
SECTION 9.09.
SECTION 9.10.
SECTION 9.11.
SECTION 9.12.
SECTION 9.13.
SECTION 9.14.
SECTION 9.15.
SECTION 9.16.
SECTION 9.17.
SECTION 9.18.
ARTICLE VIII
REDEMPTION AND PURCHASE OF BONDS
Redemption Dates and Prices-:-.............. ....... ................. ...... ....................... 39
Notice of Redemption and of Purchase.................................... .................40
Payment of Redemption Price.......... ....................... ................. ........... ...... 41
Partial Redemption of Bonds ...... .......... ....... .......... ........ ..... .... ......... ..... .... 42
ARTICLE IX
COVENANTS OF THE ISSUER
Power to Issue Bonds and Create Lien...................................................... 43
Payment of Principal and Interest on Bonds ............................................. 43
Special Assessments; Re- Assessments ... ...................... ................... ......... 44
Method of Collection ................................................................................ 44
Delinquent Special Assessments .......... .......... ............................ ...............44
Sale of Tax Certificates and Issuance of Tax Deeds;
Foreclosure of Special Assessment Liens ........................................... 45
Books and Records with Respect to Special Assessments........................ 45
Removal of Special Assessment Liens...................................................... 46
Deposit of Special Assessments............................. ........................... ........ 46
Construction to be on Issuer Lands ........................................................... 46
Operation, Use and Maintenance of Project.............................................. 47
Observance of and Compliance with Valid Requirements .......................47
Payment of Operating or Maintenance Costs by State or
Others........................................ ....................... ................................... 47
Public Liability and Property Damage Insurance;
Maintenance of Insurance; Use of Insurance and
Condemnation Proceeds .............................. ..... ..... ....... ......... ....... .......47
Collection of Insurance Proceeds............................... ............................... 49
Use of Revenues for Authorized Purposes Only....................................... 50
Books, Records and Annual Reports......................................................... 50
Observance of Accounting Standards ....................................................... 51
mia.fsl\15M.~Rlvl!c1\ 'If l!III5\65545.011l11l11
11
SECTION 9.19.
SECTION 9.20.
SECTION 9.21.
SECTION 9.22.
SECTION 9.23.
SECTION 9.24.
SECTION 9.25.
SECTION 9.26.
SECTION 9.27.
SECTION 9.28.
SECTION 9.29.
SECTION 9.30.
SECTION 9.31.
SECTION 9.32.
SECTION 9.33.
SECTION 10.01.
SECTION 10.02.
SECTION 10.03.
SECTION 10.04.
SECTION 10.05.
SECTION 10.06.
SECTION 10.07.
SECTION 10.08.
SECTION 10.09.
SECTION 10.10.
SECTION 10.11.
SECTION 10.12.
SECTION 10.13.
SECTION 10.14.
1'"
."
Employment of Certified Public Accountant ............................................ 51
Establishment of Fiscal Year, Annual Budget .......................................... 51
Employment of Consulting Engineer; Consulting
Engineer's Report................................................................................ 51
Audit Reports.................................................................... ........................ 52
Information to Be Filed with Trustee........................................................ 52
Covenant Against Sale or Encumbrance; Exceptions ...............................52
Fidelity Bonds......................... .................................................................. 53
No Loss of Lien on Pledged Revenue....................................................... 53
Compliance With Other Contracts and Agreements ................................. 53
Issuance of Additional Obligations........................................... ......... ....... 53
Extension of Time for Payment of Interest Prohibited ............................. 53
Further Assurances.................................................................................... 54
Use of Bond ProceedsInvestments to Comply with Internal
Revenue Code ..................................................................................... 54
Corporate Existence and Maintenance of Properties ................................ 54
Continuing Disclosure......... .................................................................. .... 54
ARTICLE X
EVENTS OF DEFAULT AND REMEDIES
Events of Default and Remedies ............................................................... 55
Events of Default Defined ...................... ................. .... ........................ ...... 55
No Acceleration... ............................................................................. ......... 56
Legal Proceedings by Trustee ........... ........ ........................ ............ ............ 56
Discontinuance of Proceedings by Trustee ...............................................56
Bondholders May Direct Proceedings........................ .............. ................. 56
Limitations on Actions by Bondholders.................................................... 56
Trustee May Enforce Rights Without Possession of Bonds ..................... 57
Remedies Not Exclusive......... ..................................... ............................. 57
Delays and Omissions Not to Impair Rights............................................. 57
Application of Moneys in Event of Default ..............................................57
Trustee's Right to Receiver; Compliance with Act ..................................58
Trustee and Bondholders Entitled to all Remedies under
Act................................................................................. ...................... 58
Credit Facility Issuer's Rights Upon Events of Default............................ 58
ARTICLE XI
THE TRUSTEE; THE PAYING AGENT AND REGISTRAR
SECTION 11.01. Acceptance of Trust .................................................................................. 60
SECTION 11.02. No Responsibility for Recitals .................................................................. 60
SECTION 11.03. Trustee May Act Through Agents; Answerable Only for
Willful Misconduct or Negligence...................... ................................ 60
Compensation and Indemnity.............:. .,.................................................... 60
No Duty to Renew Insurance .................:.................................................. 60
Notice of Default; Right to Investigate ..................................................... 60
SECTION 11.04.
SECTION 11.05.
SECTION 11.06.
mia-fsl\151i6581v~\ 'Yl!I05\65545.01ll1011
111
SECTION 11.07.
SECTION 11.08.
SECTION 11.09.
SECTION 11.10.
SECTION 11.11.
SECTION 11.12.
SECTION 11.13.
SECTION 11.14.
SECTION 11.15.
SECTION 11.16.
SECTION 11.17.
SECTION 11.18.
SECTION 11.19.
SECTION 11.20.
SECTION 11.21.
SECTION 11.22.
SECTION 11.23.
SECTION 11.24.
lbll
Obligation to Act on Defaults ................................................................... 61
Reliance by Trustee....... .......... ...... .......................... ...... ..................... ....... 61
Trustee May Deal in Bonds....................................................................... 61
Construction of Ambiguous Provisions .................................................... 61
Resignation of Trustee.............................................................................. 61
Removal of Trustee ............ ..... ......................... ................... ...................... 62
Appointment of Successor Trustee ...........................................................62
Qualification of Successor ........... ......... ............ ........................ ...... .......... 62
Instruments of Succession............ ............................................................. 63
Merger of Trustee.......... ..... ................ ............................ ..................... ...... 63
Extension of Rights and Duties of Trustee to Paying Agent
and Registrar. .......... .......... ....................... ........... ............ ........... ......... 63
Resignation of Paying Agent or Registrar................................................. 63
Removal of Paying Agent or Registrar ..................................................... 64
Appointment of Successor Paying Agent or Registrar ............................. 64
Qualifications of Successor Paying Agent or Registrar ............................64
Judicial Appointment of Successor Paying Agent or
Registrar............................ ............................................................. ..... 64
Acceptance of Duties by Successor Paying Agent or
Registrar ................................................... ........ ................................... 64
Successor by Merger or Consolidation ..................................................... 65
ARTICLE XII
ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS
SECTION 12.01. Acts of Bondholders; Evidence of Ownership of Bonds .......................... 66
SECTION 13.01.
SECTION 13.02.
SECTION 13.03.
SECTION 14.01.
SECTION 14.02.
ARTICLE XIII
AMENDMENTS AND SUPPLEMENTS
Amendments and Supplements Without Bondholders'
Consent................ .................. ...... ........................................................ 67
Amendments With Bondholders' Consent................................................ 67
Trustee Authorized to Join in Amendments and
Supplements; Reliance on Counsel......... ..... ........ ............................... 68
ARTICLE XIV
DEFEASANCE
Defeasance ................................................................................................ 69
Deposit of Funds for Payment of Bonds ................................................... 69
ARTICLE XV
MISCELLANEOUS PROVISIONS
SECTION 15.01. Limitations on Recourse........................... ................................................. 71
SECTION 15.02. Payment Dates........................... ................ ................................................ 71
SECTION 15.03. No Rights Conferred on Others................................................................. 71
mia-fs111566583v 'l!c1'Y 'l!I05\65545.01ll1ll0
IV
SECTION 15.04.
SECTION 15.05.
SECTION 15.06.
SECTION 15.07.
SECTION 15.08.
SECTION 15.09.
SECTION 15.10.
SECTION 15.11.
cr; /'
ti
c..i., ,
lllegal Provisions Disregarded ............. ....... .............. ......... ............ ........... 71
Substitute Notice .................................... ........................ ........................... 71
Notices..... ....................................................................... ........... ........... ..... 71
Controlling Law.................................... ......................... ............... .... ........ 72
Successors and Assigns............................................................................. 72
Headings for Convenience Only.......................... ................ ...... ............... 72
Counterparts.............................................................................................. 72
Appendices and Exhibits.................................... ....................... ........ ........ 72
EXHIBIT A - LEGAL DESCRIPTION OF DISTRICT.................... .......................... .............. A-l
EXHIBIT B - DESCRIPTION OF THE PROJECT ................................................................... B-1
EXHIBIT C - FORM OF BOND ... .................. ........................ ........ ................. .......... ...... .......... G-l
EXHIBIT D - FORM OF REQUISITION ...... ...................... ...................................................... I+-l
mia-fsIl1566.\83vl!c1\ ,y 'l!IU5\~_~545.()IIlIIl()
v
1611
THIS MASTER TRUST INDENTURE, dated as of , 2005[pOCUMENX
DATEl (the "Master Indenture"), by and WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT (the "Issuer" or the "District"), a local unit of special-purpose
government organized and existing under the laws of the State of Florida, and W ACHOVIA
BANK, NATIONAL ASSOCIATION, a national banking association (said banking association
and any bank or trust company becoming successor trustee under this Indenture being hereinafter
referred to as the ''Trustee'');
W!TNE~~ETH:
WHEREAS, the Issuer is a local unit of special- purpose government duly organized and
existing under the provisions of the Uniform Community Development District Act of 1980,
Chapter 190, Florida Statutes, as amended (the "Act"), by Ordinance No. 2004-37 of the Board
of County Commissioners of Collier County, Florida, effective on June 15, 2004, for the
purpose, among other things, of financing and managing the acquisition and construction,
maintenance, and operation of the major infrastructure within and without the boundaries of the
premises to be governed by the Issuer; and
WHEREAS, the premises to be governed by the Issuer (as further described in Exhibit A
hereto, the "District Lauds") consist of approximately 978.58 acres of land located entirely
within Collier County, Florida (the "County"); and
WHEREAS, the Issuer has determined to undertake, in one or more stages, the
acquisition and construction of certain infrastructure improvements consisting of roadway
improvements, a stormwater management system, landscaping, water and sewer facilities,
irrigation system, wetland mitigation and off-site improvements pursuant to the Act for the
special benefit of the District Lands (as further described in Exhibit B hereto, the "Project"); and
WHEREAS, the Issuer proposes to finance the cost of acquisition and construction of the
Project by the issuance of one or more series of bonds pursuant to this Master Indenture;
NOW, THEREFORE, THIS MASTER INDENTURE WITNESSETH, that to provide for
the issuance of Bonds under this Master Indenture, as supplemented from time to time by one or
more Supplemental Indentures, the security and payment of the principal, redemption or
purchase price thereof (as the case may be) and interest thereon, any reimbursement due to a
Credit Facility Issuer (hereinafter defined), if any, for any drawing on its Credit Facility
(hereinafter defined), as required under the terms of the corresponding Credit Facility Agreement
(hereinafter defined), the rights of the Owners of the Bonds of a Series and the performance and
observance of all of the covenants contained herein and in said Bonds and in any Credit Facility
Agreement for and in consideration of the mutual covenants herein contained and of the purchase
and acceptance of the Bonds of a Series by the Owners thereof, from time to time, the issuance
by any Credit Facility Issuer of its Credit Facility, from time to time, and of the acceptance by
the Trustee of the trusts hereby created, and intending to be legally bound hereby, the Issuer
hereby assigns, transfers, sets over and pledges to the Trustee and grants a lien on all of the right,
title and interest of the Issuer in and to the Pledged Revenues (hereinafter defined) as security for
the payment of the principal, redemption or purchase price of (as the case may be) and interest
on Bonds of a Series issued hereunder and any reimbursement due to any Credit Facility Issuer
mia-fsIl1566581vl!c1\Y l!I05\65545.0!O!OO
1611
ARTICLE I
DEFINITIONS
In this Master Indenture and any indenture supplemental hereto (except as otherwise
expressly provided or unless the context otherwise requires) terms defined in the recitals hereto
sh~ll have the same meaning throughout the Master Indenture, and in addition, the following
terms shall have the meanings specified below:
"Account" shall mean any account established pursuant to the Indenture.
"Acquisition Agreements" shall mean one or more Improvement Acquisition Agreements
among the Issuer and the Developer, pursuant to which the Developer agrees to provide, design,
construct and sell to the Issuer, and the Issuer agrees to purchase from the Developer, certain
improvements comprising a portion of the Project.
"Act" shall mean the Uniform Community Development District Act of 1980, Chapter
190, Florida Statutes, as amended from time to time, and any successor statute thereto.
"Annual Budget" shall mean the Issuer's budget of current operating and maintenance
expenses for the Project for a Fiscal Year, adopted pursuant to the provisions of Section 9.20 of
this Master Indenture, as the same may be amended from time to time.
"Authenticating Agent", shall mean the agent so described in, and appointed pursuant to,
Section 2.03 hereof.
"Authorized Denomination" shall mean, with respect to a series of Bonds, initially a
denomination of $100,000 and integral multiples of $5,000 in excess thereof and thereafter a
denomination of $5,000 and integral multiples thereof, provided, however, so long as a Series of
Bonds carries an investment grade rating from Moody's, S&P or Fitch, "Authorized
Denomination" shall mean a denomination of $5,000 and integral multiples thereof.
"Authorized Newspaper" shall mean a newspaper printed in English and customarily
published at least once a day at least five days a week and generally circulated in New York,
New York, and Collier Countv. Florida. or such other cities as the Issuer from time to time may
determine by written notice provided to the Trustee. When successive publications in an
Authorized Newspaper are required, they may be made in the same or different Authorized
Newspapers.
"Board" shall mean the board of supervisors of the Issuer.
"Bonds" shall mean the Wentworth Estates Community Development District Special
Assessment Bonds issued in one or more Series and delivered pursuant to the provisions of this
Master Indenture and Bonds subsequently issued to refund all or a portion of the Bonds or issued
for the completion of a Project.
mia-fsl\1566583v 'l!c1\ 'Y' 'lY05\65545.llIOIOO
3
~
~, ~ .lL
"Bond Counsel" shall mean Counsel of nationally recognized standing in matters
pertaining to the exclusion from gross income for federal income tax purposes of interest on
obligations issued by states and their political subdivisions.
"Bondholder", "Holder of Bonds", "Holder" or "Owner" or any similar term shall mean
any Person or Persons who shall be the registered owner of any Outstanding Bond or Bonds, as
evidenced on the Bond Register of the Issuer kept by the Registrar.
"Bond Redemption Fund" shall mean the Fund so designated which IS established
pursuant to Section 6.06 hereof.
"Bond Register" shall have the meanIng specified In Section 2.04 of this Master
Indenture.
"Business Day" shall mean any day other than a Saturday or Sunday or legal holiday or a
day on which the principal office of the Issuer, the Trustee, the Registrar or any Paying Agent is
closed.
"Certified Public Accountant" shall mean a Person, who shall be Independent, appointed
by the Board, actively engaged in the business of public accounting and duly certified as a
certified public accountant under the laws of the State.
"Certified Resolution" or "Certified Resolution of the Issuer" shall mean a copy of one or
more resolutions certified by the Secretary or an Assistant Secretary of the Issuer, under its seal,
to have been duly adopted by the Board and to be in full force and effect as of the date of such
certification.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Completion Date" shall have the meaning given to such term in Section 5.01 of this
Master Indenture.
"Consultant" shall mean a Person, who shall be Independent, appointed by the Board,
qualified to pass upon questions relating to municipal entities and having a favorable reputation
for skill and experience in the financial affairs of municipal entities.
"Consultant's Certificate" shall mean a certificate or a report prepared in accordance with
then applicable professional standards duly executed by a Consultant.
"Consulting Engineer" shall mean the Independent engineer or engineering firm or
corporation at the time employed by the Issuer under the provisions of Section 9.21 of this
Master Indenture to perform and carry out duties imposed on the Consulting Engineer by the
Indenture. The Independent engineer or engineering firm or corporation at the time serving as
the engineer to the District may serve as Consulting Engineer under the Indenture.
"Continuing Disclosure Agreement" shall mean a Continuing Disclosure Agreement, by
and between the Issuer, the Developer and Prager, Sealy & Co., LLC, as Dissemination Agent in
mia-fsII156!i5BJv' '\l;!11Y liIn.~165545.(J101Il1I 4
161
..I..
connection with the issuance of a Series of Bonds hereunder, pursuant to the requirements of the
Rule and any additional continuing disclosure agreement specified in a Supplemental Indenture.
"Cost" or "Costs", in connection with the Project or any portion thereof, shall mean all
expenses which are properly chargeable thereto under Generally Accepted Accounting Principles
or which are incidental to the planning, financing, acquisition, construction, reconstruction,
equipping and installation thereof, including, without limiting the generality of the foregoing:
(a) expenses of determining the feasibility or practicability of acquisition,
construction, or reconstruction;
(b) cost of surveys, estimates, plans, and specifications;
(c) cost of improvements;
(d) engineering, architectural, fiscal, legal, accounting and other professional
and advisory expenses and charges;
(e) cost of all labor, materials, machinery, and equipment (including, without
limitation, (i) amounts payable to contractors, builders and materialmen and costs
incident to the award of contracts and (ii) the cost of labor, facilities and services
furnished by the Issuer and its employees, materials and supplies purchased by the Issuer
and permits and licenses obtained by the Issuer);
(f) cost of all lands, properties, rights, easements, and franchises acquired;
(g) financing charges;
(h) creation of initial reserve and debt service funds;
(i) working capital;
(j) interest charges incurred or estimated to be incurred on money borrowed
prior to and during construction and acquisition and for such reasonable period of time
after completion of construction or acquisition as the Board may determine;
(k) the cost of issuance of Bonds, including, without limitation,
advertisements and printing;
(1) the cost of any election held pursuant to the Act and all other expenses of
issuance of bonds;
(m) the discount, if any, on the sale or exchange of Bonds;
(n) amounts required to repay temporary or bond anticipation loans made to
finance any costs permitted under the Act;
mia-fsIl156M81v' 'l!c1\IY '1!I05\65545.01IH(~1
5
(0)
Project;
costs of prior improvements performed by the Issuer in anticipation of the
(p) costs incurred to enforce remedies against contractors, subcontractors, any
provider of labor, material, services, or any other Person, for a default or breach under the
corresponding contract, or in connection with any other dispute;
(q) premiums for contract bonds and insurance during construction and costs
on account of personal injuries and property damage in the course of construction and
insurance against the same;
(r) payments, contributions, dedications, and any other exactions required as a
condition to receive any government approval or permit necessary to accomplish any
District purpose;
(s) administrative expenses;
(t) taxes, assessments and similar governmental charges during construction
or reconstruction of the Project;
(u) expenses of Project management and supervision;
(v) costs of effecting compliance with any and all governmental permits
relating to the Project;
(w) such other expenses as may be necessary or incidental to the acquisition,
construction, or reconstruction of the Project or to the financing thereof; and
(x) any other "cost" or expense as provided by the Act.
In connection with the refunding or redeeming of any Bonds, "Cost" includes, without limiting
the generality of the foregoing, the items listed in (d), (k), (I) and (m) above, and other expenses
related to the redemption of the Bonds to be redeemed and the Redemption Price of such Bonds
(and the accrued interest payable on redemption to the extent not otherwise provided for).
Whenever Costs are required to be itemized, such itemization shall, to the extent practicable,
correspond with the items listed above. Whenever Costs are to be paid hereunder, such payment
may be made by way of reimbursement to the Issuer or any other Person who has paid the same
in addition to direct payment of Costs.
"Counsel" shall mean an attorney-at-law or law firm (who may be counsel for the Issuer)
HHt. t ffP-; awAadHt \'--lH-t-lk'--Tn h f\:'8-c,;
"County" shall mean Collier County, Florida.
"Credit Facility" shall mean any credit enhancement mechanism such as an irrevocable
letter of credit, a surety bond, a policy of municipal bond insurance, a corporate or other
guaranty, a purchase agreement, a credit agreement or deficiency agreement or other similar
mia-fsII1566583v' 'l!c1IY' IiIOWi'<545.01OIOO
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facility applicable to the Bonds, as established pursuant to a Supplemental Indenture, pursuant to
which the entity providing such facility agrees to provide funds to make payment of the principal
of and interest on the Bonds. Notwithstanding anything to the contrary contained in the
Indenture, the Bonds may be issued without a Credit Facility; the decision to provide a Credit
Facility in respect of any Bonds shall be within the absolute discretion of the Issuer.
"Credit Facility Agreement" shall mean any agreement pursuant to which a Credit
Facility Issuer issues a Credit Facility.
"Credit Facility Issuer" shall mean the issuer or guarantor of any Credit Facility.
"Debt Service Fund" shall mean the Fund so designated which is established pursuant to
Section 6.04 hereof.
"Debt Service Requirements", with reference to a specified period, shall mean:
(a) interest payable on the Bonds during such period, subject to reduction for
amounts held as capitalized interest in the Funds and Accounts established under the
Indenture; and
(b) amounts required to be paid into any mandatory sinking fund account with
respect to the Bonds during such period; and
(c) amounts required to pay the principal of the Bonds maturing during such
period and not to be redeemed prior to or at maturity through any sinking fund account.
"Debt Service Reserve Fund" shall mean the Fund so designated which is established
pursuant to Section 6.05 hereof.
"Debt Service Reserve Insurance Policy" shall mean the insurance policy, surety bond or
other evidence of insurance, if any, deposited to the credit of the Debt Service Reserve Fund or
any account thereof in lieu of or in partial substitution for cash or securities on deposit therein,
which policy, bond or the evidence of insurance constitutes an unconditional senior obligation of
the issuer thereof. The issuer thereof shall be a municipal bond insurer whose obligations
ranking pari passu with its obligations under such policy, bond or other evidence of insurance
are rated at the time of deposit of such policy, bond or other evidence of insurance to the credit
of the Debt Service Reserve Fund or any account thereof in the highest rating category of
Moody's, S&P and Fitch, unless otherwise approved by the Credit Facility Issuer who has issued
a municipal bond insurance policy with respect to the Bonds.
"Debt Service Reserve Letter of Credit" shall mean the irrevocable, transferable letter or
line of credit, if any, deposited for the credit of the Debt Service Reserve Fund or any account
thereof in lieu of or in partial substitution for cash or securities on deposit therein, which letter or
line of credit constitutes an unconditional senior obligation of the issuer thereof. The issuer of
such letter or line of credit shall be a banking association, bank or trust company or branch
thereof whose senior debt obligations ranking pari passu with its obligations under such letter or
line of credit are rated at the time of deposit of the letter or line of credit to the credit of the Debt
mia-fs1\l5fi6583v' 'l!c1\ 'Y 'l!I()5\6S545.()I()II~) 7
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Service Reserve Fund or any account thereof in the highest rating category of Moody's, S&P and
Fitch, unless otherwise approved by the Credit Facility Issuer who has issued a municipal bond
insurance policy with respect to the Bonds.
"Debt Service Reserve Requirement" shall mean, for each Series of Bonds, unless a
different requirement shall be specified in a Supplemental Indenture, an amount equal to the
lesser of (i) the maximum annual Debt Service Requirements for the Outstanding Bonds of such
Series, (ii) 125% of the average annual Debt Service Requirements for the Outstanding Bonds of
such Series, and (iii) 10% of the original proceeds (within the meaning of the Code) of the Bonds
of such Series.
"Defeasance Securities" shall mean, to the extent permitted by law, (a) cash or (b) non-
callable Government Obligations.
"Developer" shall mean V.K. Development Corporation, a corporation and
any entity or entitiescollectively or individually as the context reauires. Treviso Bav
Develooment. LLC. a Delaware limited liability comoany. and VK Holdin1!s Treviso Bav Golf
Course. LLC. a Florida limited liability comoanv. and anv entity which s'..lcceedsucceeds to all or
any part of the interests and assumeassumes any or all of the responsibilities of said entities. as
master develooer of the District Lands.
"District Lands" or "District" shall mean the premises governed by the Issuer, consisting
of approximately 978.58 of land located entirely within the County, as more fully described in
Exhibit A hereto.
"District Manager" shall mean the then District Manager or acting District Manager of
the Issuer.
"Event of Default" shall mean any of the events described in Section 10.01 hereof.
"Fiscal Year" shall mean the period of twelve (12) months beginning October 1 of each
calendar year and ending on September 30 of the following calendar year, and also shall mean
the period from actual execution hereof to and including the next succeeding September 30; or
such other consecutive twelve-month period as may hereafter be established pursuant to a
Certified Resolution CIS the fi:;c~~] yeClr of the I:;:;ucr for bud;;ctinb Clnd ~'.ccoLlnting pl:tfl'm:;e:; ~,s
authorized by law.
"Fitch" shall mean Fitch Ratings, its successors and their assigns,
"Fund" shall mean any fund established pursuant to this Master Indenture.
"Generally Accepted Accounting Principles" shall mean those accounting principles
applicable in the preparation of financial statements of municipalities.
"Government Obligations" shall mean direct obligations of, or obligations the timely
payment of principal of and interest on which are unconditionally guaranteed by, the United
States of America.
m;a-fsII15M581v 'l!c1\ 'Y 'l!Itl5\fi5545.tlltlIOO
8
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1611
"Indenture" shall mean, with respect to any Series of Bonds, this Master Indenture as
supplemented by the Supplemental Indenture pursuant to which such Series of Bonds is issued.
"Independent" shall mean a Person who is not a member of the Issuer's Board, an officer
or employee of the Issuer or the Developer, or which is not a partnership, corporation or
association having a partner, director, officer, member or substantial stockholder who is a
member of the Issuer's Board, or an officer or employee of the Issuer; provided, however, that
the fact that such Person is retained regularly by or regularly transacts business with the Issuer or
the Developer shall not make such Person an employee within the meaning of this definition.
"Interest Account" shall mean the Account so designated, established as a separate
account within the Debt Service Fund pursuant to Section 6.04 hereof.
"Interest Payment Date" shall mean each May 1 and November 1 commencing on the
date specified in the Certified Resolution of the Issuer or in the Supplemental Indenture pursuant
to which a Series of Bonds is issued.
"Interest Period" shall mean the period from and including any Interest Payment Date to
and excluding the next succeeding Interest Payment Date; provided, however, that upon final
payment of any Bond at maturity or upon redemption or mandatory purchase, the Interest Period
shall extend to, but not include, the date of such final payment, which shall always be a Business
Day.
"Investment Securities" shall mean and include any of the following securities, if and to
the extent the same are at the time legal investments for funds of the Issuer:
(a) Government Obligations;
(b) Bonds, debentures, notes or other evidences of indebtedness issued by any
of the following agencies or such other government-sponsored agencies which may
presently exist or be hereafter created; provided that, such bonds, debentures, notes or
other evidences of indebtedness are fully guaranteed as to both principal and interest by
the United States of America: Export-Import Bank; Farm Credit System Financial
Assistance Corporation; Rural Economic Community Development Administration
(formerly the Farmers Home Administration); General Services Administration; U.S.
Maritime Administration; Small Business Administration; Government National
Mortgage Association; U.S. Department of Housing & Urban Development; Federal
Housing Administration; Federal Financing Bank; Resolution Funding Corporation
(REFCORP) interest strips only; Agency for International Development; or the Overseas
Private Investment Corporation.
(c) Direct and general obligations of any state of the United States~ if the full
faith and credit of such state is pledged to the payment of the principal of and interest on
V,,-'t\ i\h the full faith and credit of :;uch state is pledgedsuch obligation and, if at the time of
their purchase~ such obligations are rated in either of the two highest rating categories by
either S&P, Moody's or Fitch;
mia-fsl\1566583v 'l!c1\ 'Y 'liIn.l\~5545.nlnll~1
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(d) Negotiable or non-negotiable certificates of deposit, time deposits or other
similar banking arrangements issued by any bank or trust company, including the
Trustee, or any federal savings and loan association, the deposits of which are insured by
the Federal Deposit Insurance Corporation (including the FDIC's Savings Association
Insurance Fund), which securities, to the extent that the principal thereof exceeds the
maximum amount insurable by the Federal Deposit Insurance Corporation and, therefore,
are not so insured, shall be fully secured to the extent permitted by law as to principal and
interest by the securities listed in subsections (a), (b) or (c) above; provided, however,
that with respect to securities used to secure securities hereunder, in addition to direct and
general obligations of any state of the United States, Investment Securities shall include
direct and general obligations of any political subdivision or instrumentality of any such
state, to the payment of the principal of and interest on which the full faith and credit of
such subdivision or instrumentality is pledged if such obligations are initially rated HA"
or higher by either S&P or Moody's;
(e) Bank or broker repurchase agreements fully secured by securities
specified in (a) or (b) above, which may include repurchase agreements with the
commercial banking department of the Trustee, provided that such securities are
deposited with the Trustee, with a Federal Reserve Bank or with a bank or trust company
(other than the seller of such securities) having a combined capital and surplus of not less
than $100,000,000;
(0 A promissory note of a bank holding company rated "AA" or better by
S&P, Moody's or Fitch;
(g) Investment agreements with a bank, insurance company or other financial
institution, or the subsidiary of a bank, insurance company or other financial institution if
the parent guarantees the investment agreement, wfli€ltif such bank, insurance company,
financial institution or parent has an unsecured, uninsured and unguaranteed obligation
(or claims-paying ability) rated in the highest short-term rating category by Moody's,
S&P or Fitch (if the term of such agreement does not exceed 365 days), or has an
unsecured, uninsured and unguaranteed obligation (or claims-paying ability) rated in one
of the three highest rating categories by Moody's, S&P or Fitch (provided that the term of
such agreement is not less than 366 days nor more than twenty-four (24) months) or has
an unsecured, uninsured and unguaranteed obligation (or claims paying ability) rated in
one of the two highest rating categories by Moody's, S&P or Fitch (if the term of such
agreement is more than twenty-four (24) months) or is the lead bank of a parent bank
holding company with an uninsured, unsecured and unguaranteed obligation of the
aforesaid ratings, provided:
(A)
interest is paid at least semiannually at a fixed rate (subject to adjustments
for yield restrictions required by the Code) during the entire term of the
agreement, consistent with the Interest Payment Dates;
mia-fsII1566581v" 'l!c1\ 'II' 'WIl5\65545.01011l0
10
16/1
(B)
moneys invested thereunder may be withdrawn without penalty, premium,
or charge upon not more than two days' notice unless otherwise specified
in a Supplemental Indenture;
(C)
the same guaranteed interest rate will be paid on any future deposits made
to restore the account to its required amount; and
(D)
the Trustee receives an opinion of counsel that such agreement is an
enforceable obligation of such insurance company, bank, financial
institution or parent;
(h)
above;
Any short term government fund whose assets consist of (a), (b) and (c)
(i) Commercial paper which at the time of purchase is rated in the highest
rating category by either S&P, Moody's or Fitch;
(j) (A) certificates evidencing a direct ownership interest in non-callable
Government Obligations or in future interest or principal payments thereon held in a
custody account by a custodian satisfactory to the Trustee, and (B) obligations of any
state of the United States of America or any political subdivision, public instrumentality
or public authority of any such state which are not subject to redemption prior to the date
on which the proceeds attributable to the principal of such obligations are to be used and
which are fully secured by and payable solely from non-callable Government Obligations
held pursuant to an escrow agreement satisfactory to the Trustee, provided that such
obligations shall be rated in the highest rating category of Moody's, S&P or Fitch;
(k) shares of an open-end, diversified investment company which is registered
under the Investment Company Act of 1940, as amended, and which invests its assets in
any of the securities described in clauses (a), (b) or (c) hereof;
(I) shares of any open-end, SEC-registered money market mutual funds
which fund invests its assets in any of the securities described in clauses (a), (b) or (c)
hereof; and
(m) any other lawful investment as provided in a Supplemental Indenture.
"Issuer" shall mean Wentworth Estates Community Development District.
"Major Non-Recurring Expense" shall mean the cost of major replacement or
reconstruction of the Project, or any part thereof, the cost of major repairs, renewals or
replacements, the provision of a reserve for the payment of insurance premiums not due on an
annual or more frequent basis, and the cost of studies, surveys, estimates and investigations in
connection with any of the foregoing.
mia-fsl\15M583v 'l!c1\:I1 '!V05\65545.01ll1011
11
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"Master Indenture" shall mean, this Master Trust Indenture dated as of June 1,
~rDOCUMENT DATE1. by and between the Issuer and the Trustee, as supplemented from
time to time in accordance with the provisions of Article XIII hereof.
"Moody's" shall mean Moody's Investors Service, Inc., a corporation organized and
existing under the laws of the State of Delaware, its successors and their assigns, and, if such
corporation shall be dissolved or liquidated or shall no longer perform the functions of a
securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized
securities rating agency designated by the Issuer and acceptable to the Trustee.
"Officers' Certificate" or "Officer's Certificate" shall mean a certificate, duly executed
by a Responsible Officer and delivered to the Trustee.
"Outstanding", in connection with a Series of Bonds, shall mean, as of the time III
question, all Bonds of such Series authenticated and delivered under the Indenture, except:
(a) all Bonds theretofore cancelled or required to be cancelled under Section
2.07 hereof;
(b) Bonds for the payment, redemption or purchase of which moneys and/or
Defeasance Securities, the principal of and interest on which, when due, will provide
sufficient moneys to fully pay such Bonds in accordance with Article XIV hereof, shall
have been or shall concurrently be deposited with the Trustee; provided that, if such
Bonds are being redeemed, the required notice of redemption shall have been given or
provision shall have been made therefor, and that if such Bonds are being purchased,
there shall be a firm commitment for the purchase and sale thereof; and
(c) Bonds in substitution for which other Bonds have been authenticated and
delivered pursuant to Article II hereof.
In determining whether the Holders of a requisite aggregate principal amount of Bonds
Outstanding have concurred in any request, demand, authorization, direction, notice, consent or
waiver under the provisions of the Indenture, Bonds which are known by the Trustee to be held
on behalf of the Issuer shall be disregarded for the purpose of any such determination; provided,
however, this provision does not affect the right of the Trustee to deal in Bonds as set forth in
Section 11.09 hereof.
"Participating Underwriter" shall mean any of the original underwriters of the Bonds
required to comply with the Rule in connection with the offering of the Bonds.
"Paying Agent" shall mean initially, Wachovia Bank, National Association, and
thereafter any successor thereto appointed in accordance with Section 11.20 of this Master
Indenture.
"Person" shall mean any individual, corporation, partnership, association, joint-stock
company, trust, unincorporated organization, governmental body, political subdivision,
municipality, municipal authority or any other group or organization of individuals.
mia.fslI1566581v, WI II W05\6.1.145.1l10100 12
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1 Ct
"Pledged Revenuesu shall mean, with respect to a particular Series of Bonds Outstanding,
(a) all revenues received by the Issuer from Special Assessments levied and collected on all or a
portion of the District Lands with respect to such Series of Bonds, including, without limitation,
amounts received from any foreclosure proceeding for the enforcement of collection of such
Special Assessments or from the issuance and sale of tax certificates with respect to such Special
Assessments, and (b) all moneys on deposit in the Funds and Accounts established under the
Indenture; provided, however, that Pledged Revenues shall not include (i) any moneys
transferred to the Rebate Fund, or investment earnings thereon and (ii) "special assessments"
levied and collected by the Issuer under Section 190.022 of the Act for maintenance purposes or
"maintenance special assessments" levied and collected by the Issuer under Section 190.021(3)
of the Act (it being expressly understood that the lien and pledge of the Indenture shall not apply
to any of the moneys described in the foregoing clauses (i) and (ii) of this proviso).
"Project" shall mean with respect to any Series of Bonds, the portion or portions of
certain infrastructure consisting of roadway improvements, a stormwater management system,
landscaping, water and sewer facilities, irrigation system, wetland mitigation and off-site
improvements to be acquired and/or constructed by the Issuer, whether within or outside the
District Lands, all as more specifically described in the Supplemental Indenture relating to such
Series of Bonds; provided that a Project shall specially benefit all of the District Lands on which
Special Assessments to secure such Series of Bonds have been levied.
"Property Appraiser" shall mean the property appraiser of the County.
"Property Appraiser and Tax Collector Agreement" shall mean the Property Appraiser
and Tax Collector Agreement described in Section 9.04 hereof.
"Rebate Fund" shall mean the Fund, if any, so designated, which is established pursuant
to an arbitrage rebate agreement, into which shall be deposited certain moneys in accordance
with the provisions of said arbitrage rebate agreement.
"Record Date" shall mean, as the case may be, the applicable Regular or Special Record
Date.
"Redemption Price" shall mean the principal amount of any Bond plus the applicable
premium, if any, payable upon redemption thereof pursuant to the Indenture.
"Registrar" shall mean initially Wachovia Bank, National Association, which entity shall
have the responsibilities set forth in Section 2.04 of this Master Indenture, and thereafter any
successor thereto appointed in accordance with Section 11.20 of this Master Indenture.
"Regular Record Date" shall mean the fifteenth day (whether or not a Business Day) of
the calendar month next preceding each Interest Payment Date.
"Regulatory Body" shall mean and include (a) the United States of America and any
department of or corporation, agency or instrumentality heretofore or hereafter created,
designated or established by the United States of America, (b) the State, any political subdivision
mia-fs1\l566581v: 'llil '!! 'l!I05165545.0101011
13
<<9
thereof and any department of or corporation, agency or instrumentality heretofore or hereafter
created, designated or established by the State, (c) the County and any department of or
corporation, agency or instrumentality heretofore or hereafter created, designated or established
by the County, and (d) any other public body, whether federal, state or local or otherwise having
regulatory jurisdiction and authority over the Issuer.
"Responsible Officer" shall mean any member of the Board. the District Mana!:!:er.
Treasurer. or any other officer of the Issuer or other person designated by Certified Resolution of
the Issuer, a copy of which shall be on file with the Trustee, to act for any of the foregoing, either
generally or with respect to the execution of any particular document or other specific matter.
"Revenue Fund" shall mean the Fund so designated which is established pursuant to
Section 6.03 hereof.
"Rule" shall mean Rule l5c2-12(b )(5) adopted by the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as the same may be amended from time
to time.
"S&P" shall mean Standard & Poor's Ratings Services, a division of The McGraw-Hill
Companies, Inc., a corporation organized and existing under the laws of the State of New York,
its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall
no longer perform the functions of a securities rating agency, "S&P" shall be deemed to refer to
any other nationally recognized securities rating agency designated by the Issuer and acceptable
to the Trustee.
"Series" shall mean all of the Bonds authenticated and delivered at one time on original
issuance and pursuant to any Certified Resolution of the Issuer authorizing such Bonds as a
separate Series of Bonds, or any Bonds thereafter authenticated and delivered in lieu of or in
substitution for such Bonds pursuant to Article II hereof and the applicable Supplemental
Indenture, regardless of variations in maturity, interest rate or other provisions; provided,
however, two or more Series of Bonds may be issued simultaneously under the same
Supplemental Indenture if designated as separate Series of Bonds by the Issuer upon original
issuance. Two or more Series of Bonds may be issued simultaneously under separate
Supplemental Indentures, but under this Master Indenture.
"Sinking Fund Account" shall mean the Account so designated, established as a separate
account within the Debt Service Fund pursuant to Section 6.04 hereof.
"Special Assessments" shall mean (a) the net proceeds derived from the levy and
collection of "special assessments", as provided for in Sections 190.011(14) and 190.022 of the
Act (except for any such special assessments levied and collected for maintenance purposes),
against the lands located within the District that are subject to assessment as a result of a
particular Project or any portion thereof, and (b) the net proceeds derived from the levy and
collection of "benefit special assessments", as provided for in Section 190.021 (2) of the Act,
against the lands within the District that are subject to assessment as a result of a particular
Project or any portion thereof, and in the case of both "special assessments" and "benefit special
mia- fsll 15M5Ml\' .0.41 71 lliIl5\6554.1.011J 11)0
14
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assessments", including the interest and penalties on such assessments, pursuant to all applicable
provisions of the Act and Chapter 170, Florida Statutes, and Chapter 197, Florida Statutes (and
any successor statutes thereto), including, without limitation, any amount received from any
foreclosure proceeding for the enforcement of collection of such assessments or from the
issuance and sale of tax certificates with respect to such assessments, less (to the extent
applicable) the fees and costs of collection thereof payable to the Tax Collector and less certain
administrative costs payable to the Property Appraiser pursuant to the Property Appraiser and
Tax Collector Agreement. "Special Assessments" shall not include "maintenance special
assessments" levied and collected by the Issuer under Section 190.021 (3) of the Act.
"Special Record Date" shall mean such date as shall be fixed for the payment of
defaulted interest on the Bonds in accordance with Section 2.01 hereof.
"State" shall mean the State of Florida.
USupplemental Indenture" and "indenture supplemental hereto" shall mean any indenture
amending or supplementing this Master Indenture which may be entered into in accordance with
the provisions of this Master Indenture.
UTax Collector" shall mean the tax collector of the County.
The words "hereof', "herein", "hereto", "hereby", and "hereunder" (except in the form of
Bond), refer to the entire Master Indenture.
Every "request", "requisition", "order", "demand", "application", "notice", "statement",
"certificate", "consent", or similar action hereunder by the Issuer shall, unless the form or
execution thereof is otherwise specifically provided, be in writing signed by the Chairman or a
Vice Chairman and the Treasurer or Assistant Treasurer or the Secretary or ^s~;istant Secretary
ef~ Responsible Officer of the Issuer.
All words and terms importing the singular number shall, where the context requires,
import the plural number and vice versa.
[END OF ARTICLE I]
mia- fsll 1566581vl!c11 lf 'l!III5165.~45.1I1II11I11
15
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ARTICLE II
THE BONDS
SECTION 2.01. Amounts and Terms of Bonds; Details of Bonds. The Issuer is
hereby authorized to issue in one or more Series pursuant to the terms and conditions of this
Master Indenture, its obligations to be known as "Wentworth Estates Community Development
District Special Assessment Bonds" (the "Bonds"). The total principal amount of Bonds that
may be issued under this Master Indenture is expressly limited to $100,000,000 (exclusive of any
refunding bonds). The Bonds shall be issued in Authorized Denominations and within each
Series shall be numbered consecutively from R-1 and upwards and in substantially the form
attached hereto as Exhibit C, with such appropriate variations, omissions and insertions as are
permitted or required by this Master Indenture or as otherwise provided in a Supplemental
Indenture. All Bonds shall be issued only upon satisfaction of the conditions set forth in Article
ill hereof; and the Trustee shall, at the Issuer's request, authenticate such Bonds and deliver
them as specified in such request.
Each Bond shall be dated, shall have such Interest Payment Dates, shall bear interest
from such date or dates and at such rate or rates until the maturity thereof, payable on such
Interest Payment Dates, and shall be stated to mature (subject to the right of prior redemption),
all as provided in, or pursuant to, a Supplemental Indenture.
Both the principal of and the interest on the Bonds shall be payable in any coin or
currency of the United States of America which is legal tender on the respective dates of
payment thereof for the payment of public and private debts. Unless otherwise provided in
Section 2.11 hereof or in a Supplemental Indenture, the principal of all Bonds shall be payable at
the principal corporate trust office of the Paying Agent upon the presentation and surrender of
such Bonds as the same shall become due and payable.
Except to the extent otherwise provided in Section 2.11 hereof or in a Supplemental
Indenture, interest on any Bond is payable on any Interest Payment Date by check or draft
mailed on the Interest Payment Date to the person in whose name that Bond is registered at the
close of business on the Regular Record Date for such Interest Payment Date, at his address as it
appears on the Bond Register. The Bonds shall bear interest from the Interest Payment Date next
preceding the date on which they are authenticated unless authenticated on an Interest Payment
Date in which event they shall bear interest from such Interest Payment Date, or unless
authenticated before the first Interest Payment Date in which event they shall bear interest from
their date; provided, however, that if a Bond is authenticated between a Record Date and the next
succeeding Interest Payment Date, such Bond shall bear interest from such succeeding Interest
Payment Date; provided further, however, that if at the time of authentication of any Bond
interest thereon is in default, such Bond shall bear interest from the date to which interest has
been paid. Any interest on any Bond which is payable, but is not punctually paid or provided for
on any Interest Payment Date (hereinafter called "Defaulted Interest") shall be paid to the Owner
in whose name the Bond is registered at the close of business on a Special Record Date to be
fixed by the Trustee, such date to be not more than fifteen (15) nor less than ten (10) days prior
to the date of proposed payment. The Trustee shall cause notice of the proposed payment of
mia-fsIl1566581v [);II?) 8/0.116.1.145.1110100
16
1611
such Defaulted Interest and the Special Record Date therefor to be mailed, first-class, postage-
prepaid, to each Owner of record as of the fifth (5th) day prior to such mailing, at his address as
it appears in the Bond Register not less than ten (10) days prior to such Special Record Date.
The foregoing notwithstanding, any Owner of Bonds of a Series in an aggregate principal
amount of at least $1,000,000 shall be entitled to have interest paid by wire transfer to such
Owner to the bank account number on file with the Trustee and Paying Agent, upon requesting
the same in a writing received by the Trustee and Paying Agent at least fifteen (15) days prior to
the relevant Record Date, which writing shall specify the bank, which shall be a bank within the
United States, and bank account number to which interest payments are to be wired. Any such
request for interest payments by wire transfer shall remain in effect until rescinded or changed, in
a writing delivered by the Owner to the Trustee and Paying Agent, and any such rescission or
change of wire transfer instructions must be received by the Trustee and Paying Agent at least
fifteen (15) days prior to the relevant Record Date. Interest on the Bonds will be computed on
the basis of a 360-day year of twelve 30-day months. Interest on overdue principal and. to the
extent lawful, on overdue interest will be payable at the numerical rate of interest borne by such
Bonds on the day before the default occurred.
The Trustee is hereby constituted and appointed as Paying Agent for the Bonds.
SECTION 2.02. Execution. The Bonds shall be executed by the manual or
facsimile signature of the Chairman or Vice Chairman of the Issuer or a designated member of
the Board, and the corporate seal of the Issuer shall appear thereon (which may be in facsimile)
and shall be attested by the manual or facsimile signature of its Secretary or Assistant Secretary.
Bonds executed as above provided may be issued and shall, upon request of the Issuer, be
authenticated by the Trustee, notwithstanding that one or both of the officers of the Issuer whose
signatures appear on such Bonds shall have ceased to hold office at the time of issuance or
authentication or shall not have held office at the date of the Bonds.
SECTION 2.03. Authentication; Authenticating Agent. No Bond shall be valid
until the certificate of authentication shall have been duly executed by the Trustee, and such
authentication shall be proof that the Bondholder is entitled to the benefit of the trust hereby
created.
The Trustee shall be entitled to be reimbursed for payments made to any Authenticating
Agent as reasonable compensation for its services.
Any corporation into which any Authenticating Agent may be merged or converted or
with which it may be consolidated, or any corporation resulting from any merger, consolidation
or conversion to which any Authenticating Agent shall be party, or any corporation succeeding
to the corporate trust business of any Authenticating Agent, shall be the successor of the
Authenticating Agent hereunder, if such successor corporation is otherwise eligible under this
Section. without the execution or filing of any further act on the part of the parties hereto or the
Authenticating Agent or such successor corporation.
Any Authenticating Agent may at any time resign by giving written notice of resignation
to the Trustee, the Issuer and any Paying Agent. The Trustee may at any time terminate the
mia-fsl\l566.183v 'l!c1I'I1 'lli0516554.1.1I11I1ll1I
17
&~.,j l:
agency of any Authenticating Agent by glvmg written notice of termination to such
Authenticating Agent, the Issuer and any Paying Agent. Upon receiving such a notice of
resignation or upon such a termination, or in case at any time any Authenticating Agent shall
cease to be eligible under this Section, the Trustee shall promptly appoint a successor
Authenticating Agent, shall give written notice of such appointment to the Issuer and the Paying
Agent, shall mail a notice of such appointment to all Holders of Bonds as the names and
addresses of such Holders appear on the Bond Register.
SECTION 2.04. Re2istration and Re2istrar. The Trustee is hereby constituted and
appointed as the Registrar for the Bonds. The Registrar shall act as registrar and transfer agent
for the Bonds. The Issuer shall cause to be kept at an office of the Registrar a register (herein
sometimes referred to as the "Bond Register" or "Register") in which, subject to the provisions
set forth in Section 2.08 below and such other regulations as the Issuer and Registrar may
prescribe, the Issuer shall provide for the registration of the Bonds and for the registration of
transfers and exchanges of such Bonds. The Issuer shall cause the Registrar to designate, by a
written notification to the Trustee, a specific office location (which may be changed from time to
time, upon similar notification) at which the Bond Register is kept.
The Registrar when it is not also the Trustee, forthwith following each Record Date and
at any other time as reasonably requested by the Trustee, certify and furnish to the Trustee, and
to any Paying Agent as such Trustee shall specify, the names, addresses, and holdings of
Bondholders and any other relevant information reflected in the Bond Register, and the Trustee
and any such Paying Agent shall for all purposes be entitled to rely upon the information so
furnished to it and shall have no liability or responsibility in connection with the preparation
thereof.
SECTION 2.05. Mutilated, Destroyed, Lost or Stolen Bonds. If any Bond shall
become mutilated, the Issuer shall execute and the Trustee or Authenticating Agent, as the case
may be, shall thereupon authenticate and deliver a new Bond of like Series, tenor and
denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to
the Trustee or Authenticating Agent, as the case may be, of such mutilated Bond for cancellation,
and the Issuer and the Trustee or Authenticating Agent, as the case may be, may require
reasonable indemnity therefor. If any Bond shall be reported lost, stolen or destroyed, evidence
as to the ownership and the loss, theft or destruction thereof shall be submitted to the Issuer and
the Trustee or Authenticating Agent, as the case may be; and if such evidence shall be
satisfactory to both and indemnity satisfactory to both shall be given, the Issuer shall execute,
and thereupon the Trustee or Authenticating Agent, as the case may be, shall authenticate and
deliver a new Bond of like Series, tenor and denomination. The cost of providing any substitute
Bond under the provisions of this Section shall be borne by the Bondholder for whose benefit
such substitute Bond is provided. If any such mutilated, lost, stolen or destroyed Bond shall
have matured or be about to mature, the Issuer may, with the consent of the Trustee or
Authenticating Agent, as the case may be, pay to the Owner the principal amount of and accrued
interest on such Bond upon the maturity thereof and compliance with the aforesaid conditions by
such Owner, without the issuance of a substitute Bond therefor.
mia- fsll 1566581v l!c11 Y WIl516554-'.1l III I 1111
18
Every substituted Bond issued pursuant to this Section 2.05 shall constitute an additional
contractual obligation of the Issuer, whether or not the Bond alleged to have been destroyed, lost
or stolen shall be at any time enforceable by anyone, and shall be entitled to all the benefits of
the Indenture equally and proportionately with any and all other Bonds duly issued hereunder.
All Bonds shall be held and owned upon the express condition that the foregoing
provisions are exclusive with respect to the replacement or payment of mutilated, destroyed, lost
or stolen Bonds, and shall preclude any and all other rights or remedies with respect to the
replacement or payment of negotiable instruments, investments or other securities without their
surrender.
SECTION 2.06. Temporary Bonds. Pending preparation of definitive Bonds, or by
agreement with the original purchasers of all Bonds, the Issuer may issue and, upon its request,
the Trustee shall authenticate in lieu of definitive Bonds one or more temporary printed or
typewritten Bonds of substantially the tenor recited above. Upon request of the Issuer, the
Trustee shall authenticate definitive Bonds in exchange for and upon surrender of an equal
principal amount of temporary Bonds. Until so exchanged, temporary Bonds shall have the same
rights, remedies and security hereunder as definitive Bonds. So long as Cede & Co., or any other
nominee of DTC is the registered Owner of the Bonds, the definitive Bonds shall be in
typewritten form.
SECTION 2.07. Cancellation and Destruction of Surrendered Bonds. All Bonds
surrendered for payment or redemption and all Bonds surrendered for exchange shall, at the time
of such payment, redemption or exchange, be promptly transferred by the Registrar, Paying
Agent or Authenticating Agent to, and cancelled and destroyed by, the Trustee. The Trustee
shall deliver to the Issuer a certificate of destruction in respect of all Bonds destroyed in
accordance with this Section.
SECTION 2.08. Registration. Transfer and Exchange. As provided in Section 2.04
hereof, the Issuer shall cause a Bond Register in respect of the Bonds to be kept at the designated
office of the Registrar.
Upon surrender for requisition of transfer of any Bond at the designated office of the
Registrar, and upon compliance with the conditions for the transfer of Bonds set forth in this
Section 2.08, the Issuer shall execute and the Trustee (or Registrar or Authenticating Agent as
described in Section 2.03 hereof) shall authenticate and deliver, in the name of the designated
transferees, one or more new Bonds of a like aggregate principal amount and of the same Series
and maturity.
At the option of the Bondholder, Bonds may be exchanged for other Bonds of a like
aggregate principal amount and of the same Series and maturity, upon surrender of the Bonds to
be exchanged at any such office or agency. Whenever any Bonds are so surrendered for
exchange, the Issuer shall execute and the Trustee (or Registrar or Authenticating Agent as
described in Section 2.03 hereof) shall authenticate and deliver the Bonds which the Bondholder
making the exchange is entitled to receive.
mia-fsll15665Hlv !HI 'II 'l!IlI5\65545.1I101l~1
19
i1
All Bonds issued upon any transfer or exchange of Bonds shall be valid obligations of the
Issuer, evidencing the same debt and entitled to the same benefits under the Indenture as the
Bonds surrendered upon such transfer or exchange.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
accompanied by a written instrument of transfer in form satisfactory to the Trustee, Paying
Agent or the Registrar, duly executed by the Bondholder or his attorney duly authorized in
writing.
Transfers and exchanges shall be made without charge to the Bondholder, except that the
Issuer or the Trustee may require payment of a sum sufficient to cover any tax or other
governmental charge that may be imposed in connection with any transfer or exchange of Bonds.
Neither the Issuer nor the Registrar on behalf of the Issuer shall be required (i) to issue,
transfer or exchange any Bond during a period beginning at the opening of business fifteen (15)
days before the day of mailing of a notice of redemption of Bonds selected for redemption and
ending at the close of business on the day of such mailing, or (ii) to transfer or exchange any
Bond so selected for redemption in whole or in part.
SECTION 2.09. Persons Deemed Owners. The Issuer, the Trustee, any Paying
Agent, the Registrar, or the Authenticating Agent shall deem and treat the person in whose name
any Bond is registered as the absolute Owner thereof (whether or not such Bond shall be overdue
and notwithstanding any notation of ownership or other writing thereon made by anyone other
than the Issuer, the Trustee, any Paying Agent, the Registrar or the Authenticating Agent) for the
purpose of receiving payment of or on account of the principal or Redemption Price of and
interest on such Bond, and for all other purposes, and the Issuer, the Trustee, any Paying Agent,
the Registrar and the Authenticating Agent shall not be affected by any notice to the contrary.
All such payments so made to any such Owner, or upon his order, shall be valid and, to the
extent of the sum or sums so paid, effectual to satisfy and discharge the liability for moneys
payable upon any such Bond.
SECTION 2.10. Limitation on Incurrence of Certain Indebtedness. The Issuer will
not issue Bonds, except upon the conditions and in the manner provided or as otherwise
permitted in the Indenture, provided that the Issuer may enter into agreements with issuers of
Credit Facilities which involve liens on Pledged Revenues on a parity with that of the Bonds or
portion thereof which is supported by such Credit Facilities.
SECTION 2.11. Qualification for The Depository Trust Company. To the extent
provided in a Supplemental Indenture or authorized and directed by a Resolution of the Issuer
authorizing the issuance of a Series of Bonds, the Trustee shall be authorized to enter into
agreements with The Depository Trust Company, New York, New York ("DTC") and other
depository trust companies, including, but not limited to, agreements necessary for wire transfers
of interest and principal payments with respect to the Bonds, utilization of electronic book entry
data received from DTC, and other depository trust companies in place of actual delivery of
Bonds and provision of notices with respect to Bonds registered by DTC and other depository
mia-fsIl15M'i83v. 'l!c1II1 '1lI0.%554'i.1l101<~1
20
L tJ i 1
trust companies (or any of their designees identified to the Trustee) by overnight delivery,
courier service, telegram, telecopy or other similar means of communication.
So long as there shall be maintained a book-entry-only system with respect to a Series of
Bonds, the following provisions shall apply:
The Bonds shall initially be registered in the name of Cede & Co. as nominee for DTC,
which will act initially as securities depository for the Bonds and so long as the Bonds are held in
book-entry-only form, Cede & Co. shall be considered the registered owner for all purposes
hereof. On original issue, the Bonds shall be deposited with DTC, which shall be responsible for
maintaining a book-entry-only system for recording the ownership interest of its participants
("DTC Participants") and other institutions that clear through or maintain a custodial relationship
with a DTC Participant, either directly or indirectly ("Indirect Participants"). The DTC
Participants and Indirect Participants will be responsible for maintaining records with respect to
the beneficial ownership interests of individual purchasers of the Bonds ("Beneficial Owners").
Principal and interest on the Bonds prior to and at maturity shall be payable directly to
Cede & Co. in care of DTC. Disbursal of such amounts to DTC Participants shall be the
responsibility of DTC. Payments by DTC Participants to Indirect Participants, and by DTC
Participants and Indirect Participants to Beneficial Owners shall be the responsibility of DTC
Participants and Indirect Participants and not of DTC, the Trustee or the Issuer.
The Bonds shall initially be issued in the form of one fully registered Bond for each
maturity of each Series and shall be held in such form until maturity. Individuals may purchase
beneficial interests in Authorized Denominations in book-entry-only form, without certificated
Bonds, through DTC Participants and Indirect Participants.
DURING THE PERIOD FOR WHICH CEDE & CO. IS REGISTERED OWNER OF
THE BONDS, ANY NOTICES TO BE PROVIDED TO ANY REGISTERED OWNER WILL
BE PROVIDED TO CEDE & CO. DTC SHALL BE RESPONSIBLE FOR NOTICES TO DTC
P ARTICIP ANTS AND DTC P ARTICIP ANTS SHALL BE RESPONSIBLE FOR NOTICES
TO INDIRECT PARTICIPANTS, AND DTC PARTICIPANTS AND INDIRECT
P ARTICIP ANTS SHALL BE RESPONSIBLE FOR NOTICES TO BENEFICIAL OWNERS.
The Issuer and the Trustee shall enter into a blanket letter of representations with DTC
providing for such book-entry-only system. Such agreement may be terminated at any time by
either DTC or the Issuer. In the event of such termination, the Issuer shall select another
securities depository. If the Issuer does not replace DTC, the Trustee will register and deliver to
the Beneficial Owners replacement Bonds in the form of fully registered Bonds in accordance
with the instructions from Cede & Co.
In the event DTC, any successor of DTC or the Issuer elects to discontinue the book-
entry only system, the Trustee shall deliver bond certificates in accordance with the instructions
from DTC or its successor and after such time Bonds may be exchanged for an equal aggregate
principal amount of Bonds in other Authorized Denominations and of the same maturity and
Series upon surrender thereof at the designated corporate trust office of the Trustee.
mia.fs II 1566583 vil;!1 : II 1lI1151fi5545.n I n IIHl
21
1 t,,,
ARTICLE III
ISSUE OF BONDS
SECTION 3.01. Issue of Bonds. Subject to the provisions of Section 2.01 hereof,
the Issuer may issue one or more Series of Bonds hereunder and under Supplemental Indentures
from time to time for the purpose of financing the Cost of acquisition or construction of a
Project, to refund all or a portion of a Series of Bonds or for the completion of a Project (and to
pay the costs of the issuance of such Bonds and to pay the amounts required to be deposited with
respect to such Bonds in the Funds and Accounts established under the Indenture). In connection
with the issuance of a Series of Bonds the Trustee shall, at the request of the Issuer, authenticate
the Bonds and deliver or cause them to be authenticated and delivered, as specified in the
request, but only upon receipt of:
(1) a Certified Resolution of the Issuer (a) approving a Supplemental
Indenture under which the Series of Bonds are to be issued; (b) providing the terms of the
Bonds and directing the payments to be made into the Funds and Accounts in respect
thereof as provided in Article VI hereof; (c) authorizing the execution and delivery of the
Series of Bonds to be issued; and (d) if the purpose is to effectuate a refunding,
authorizing the redemption, if any, of the Bonds to be refunded and the defeasance
thereof, and the execution and delivery of an escrow agreement, if applicable, and other
matters contained in Section XIV hereof;
(2) a written opinion or opinions of Counsel to the Issuer, addressed to the
Trustee that (a) all conditions prescribed herein as precedent to the issuance of the Bonds
have been fulfilled; (b) the Bonds have been validly authorized and executed and when
authenticated and delivered pursuant to the request of the Issuer will be valid obligations
of the Issuer entitled to the benefit of the trust created hereby and will be enforceable in
accordance with their terms except as enforcement thereof may be affected by
bankruptcy, reorganization, insolvency, moratorium and other similar laws relating to
creditors' rights generally and subject to equitable principles, whether in a proceeding at
law or in equity; (c) on reliance upon representations of the Consulting Engineer and/or
the Developer, any consents of any Regulatory Bodies required in connection with the
issuance of the Bonds or in connection with the acquisition of the improvements included
in the Project have been obtained or can be reasonably expected to be obtained; and (d) if
the acquisition of any real property or interest therein is included in the purpose of such
issue, (i) the Issuer has or can acquire good and marketable title thereto free from all liens
and encumbrances except such as will not materially interfere with the proposed use
thereof or (ii) the Issuer has or can acquire a valid, subsisting and enforceable leasehold,
easement, right-of-way or other interest in real property sufficient to effectuate the
purpose of the issue (which opinion may be stated in reliance on the opinion of other
Counsel satisfactory to the signer or on a title insurance policy issued by a reputable title
company) (clauses (c) and (d) shall not apply in the case of the issuance of a refunding
Series of Bonds);
mi..fsI1l56fi581v' '!i4\'I1' ljIII5Ifi.\545.010100
22
1611
(3) an opinion of counsel for the Issuer, which shall also be addressed to the
Trustee, to the effect that: (a) the Issuer has good right and lawful authority under the
Act to undertake the Project, subject to obtaining such licenses, orders or other
authorizations as are, at the date of such opinion, required to be obtained from any
agency or regulatory body; (b) that the Special Assessment proceedings have been taken
in accordance with Florida law and that the Issuer has taken all action necessary to levy
and impose the Special Assessments; (c) that the Special Assessments are legal, valid,
and binding liens upon the property against which the Special Assessments are made,
coequal with the lien of all state, county, Issuer and municipal ad valorem taxes and
superior in priority to all other liens, titles and claims against said property then existing
or thereafter created, until paid; (d) the related Indenture has been duly and validly
authorized, approved, and executed by the Issuer; ( e) the issuance of the Series of Bonds
has been duly authorized and approved by the Board; and (f) the related Indenture
(assuming due authorization, execution and delivery by the Trustee) constitutes a binding
obligation of the Issuer, enforceable against the Issuer in accordance with its terms except
as enforcement thereof may be affected by bankruptcy, reorganization, insolvency,
moratorium and other similar laws relating to creditors' rights generally and subject to
equitable principles, whether in a proceeding at law or in equity (clauses (c) and Cd) shall
not apply in the case of the issuance of a refunding Series of Bonds);
(4) a Consulting Engineer's certificate addressed to the Issuer and the Trustee
setting forth the estimated cost of the Project, and in the case of an acquisition by the
Issuer of all or a portion of the Project that has been completed, stating, in the signer's
opinion, (a) that the portion of the Project improvements to be acquired from the
proceeds of such Bonds have been completed in accordance with the plans and
specifications therefor; (b) the Project improvements are constructed in a sound
workmanlike manner and in accordance with industry standards; (c) the purchase price to
be paid by the Issuer for the Project improvements is no more than the lesser of (i) the
fair market value of such improvements and (ii) the actual Cost of construction of such
improvements; and (d) the plans and specifications for the Project improvements have
been approved by all Regulatory Bodies required to approve them (specifying such
Regulatory Bodies) or such approval can reasonably be expected to be obtained;
provided, however, that in lieu of the information required in clause (a), there may be
delivered to the Trustee satisfactory evidence of the acceptance of operational and
maintenance responsibility of each component of the Project by one or more
governmental entities (the foregoing shall not be applicable in the case of the issuance of
a refunding Series of Bonds);
(5) a copy of the Supplemental Indenture for such Bonds, certified by the
Secretary or Assistant Secretary of the Issuer as being a true and correct copy thereof;
(6) the proceeds of the sale of such Bonds;
(7) any Credit Facility authorized by the Issuer in respect to such Bonds;
mi..fsIIJ5fifi583v 'l!c1I'I1l!1115165545.1I1I1100
23
(8) one or more Certified Resolutions of the Issuer relating to the levy of
Special Assessments in respect of the Project, and evidencing that the Issuer has
undertaken and, to the extent then required under applicable law, completed all necessary
proceedings, including, without limitation, the approval of assessment rolls, the holding
of public hearings, the adoption of resolutions and the establishment of all necessary
collection procedures, in order to levy and collect Special Assessments upon the District
Lands in an amount sufficient to pay the Debt Service Requirement on the Bonds to be
issued (the foregoing shall not be applicable in the case of the issuance of a refunding
Series of Bonds);
(9) an executed opinion of Bond Counsel;
(10) a written direction of the Issuer to the Trustee to authenticate and deliver
such Bonds;
(11) in the case of a Series of Bonds to be issued for the purpose of completing
a Project, a certificate of the Consulting Engineer stating the original estimated Cost of
the Project to be completed at the time of issuance of the Bonds originally issued to
finance such Project, that such estimated Cost will be exceeded, the Cost of completing
such Project, and that other funds available or reasonably expected to become available
for such Cost of completion, together with the proceeds of such Series of Bonds, will be
sufficient to pay such Cost of completion; and
(12) a copy of a Final Judgment of validation and a Certificate of No Appeal
with respect to the Bonds that are subject to validation;
(13) in the case of the issuance of a refunding Series of Bonds, an Officer's
Certificate of the Issuer stating (a) the intended use of the proceeds of the issue; (b) any
other amounts available for the purpose; (c) that the proceeds of the issue plus the other
amounts, if any, stated to be available for the purpose will be sufficient to refund the
Bonds to be refunded in accordance with the refunding plan and in compliance with
Article XVI of this Master Indenture, including, without limitation, to pay the Costs of
issuance of such Bonds, and (d) that notice of redemption, if applicable, of the Bonds to
be refunded has been duly given or that provision has been made therefor, as applicable;
(14) in the case of the issuance of a refunding Series of Bonds, a written
opinion of Bond Counsel to the effect that the issuance of such Bonds will not adversely
affect the exclusion from gross income for federal income tax purposes of interest on any
Bonds issued pursuant to the Indenture (to the extent that upon original issuance thereof
such Bonds were issued as Bonds the interest on which is excludable from gross income
for federal income tax purposes); and
(15) such other documents, certifications and opinions as shall be required by
the Supplemental Indenture or by the Issuer or the Trustee upon advice of counsel.
mia.fsII1566-'Rlv 'l!c1I'J! iV1tl\fi.'-'45.IlIOH]{J
24
1611
At the option of the Issuer, any or all of the matters required to be stated in the Certified
Resolution described in (1) above may instead be stated in a Supplemental Indenture, duly
approved by a Certified Resolution of the Issuer.
[END OF ARTICLE III]
mia-fsII1566583v" ;~I 'II jS/fl5165545.fllOlOlI
25
ARTICLE IV
ACQUISITION OF PROJECT
SECTION 4.01. Proiect to Conform to Plans and Specifications; Changes. The
Issuer will proceed to complete any Project or portion thereof for which any Series of Bonds is
being issued in accordance with the plans and specifications therefor, as such plans and
specifications may be amended from time to time, and subject to the specific requirements of the
Supplemental Indenture for such Series of Bonds.
SECTION 4.02. Compliance Requirements. The Issuer will comply with all
present and future laws, acts, rules, regulations, orders and requirements lawfully made and
applicable in fact to any acquisition or construction hereby undertaken and shall obtain all
necessary approvals under federal, state and local laws, acts, rules and regulations necessary for
the completion and operation of any Project or portion thereof for which any Series of Bonds is
being issued and shall complete any Project or portion thereof in conformity with such
approvals, laws, rules and regulations.
[END OF ARTICLE IV]
mia-fsII15t\6581v 'il'll II liI05\65545.01OIIlO
26
011
._1
.
.~
1611
ARTICLE V
ACQUISITION AND CONSTRUCTION FUND
SECTION 5.01 Acquisition and Construction Fund. The Trustee shall establish an
Acquisition and Construction Fund into which shall be deposited the proceeds from each Series
of Bonds issued under the Indenture (unless otherwise specified herein or in the applicable
Supplemental Indenture for a Series of Bonds) and from which Costs or the ourchase orice of
Imorovements may be paid as set forth herein and in the applicable Supplemental Indenture.
Unless otherwise specified in the applicable Supplemental Indenture, a separate Series Account
shall be established in the Acquisition and Construction Fund with respect to each Series of
Bonds issued hereunder and the proceeds of each Series of Bonds (other than Bonds issued to
refund all or a portion of the Bonds) shall be deposited into the corresponding Series Account in
the Acquisition and Construction Fund. The amounts in any account of the Acquisition and
Construction Fund, until applied as hereinafter provided, shall be held for the security of the
Series of Bonds hereunder in respect of which such Series Account was established. Separate
sub accounts within any Series Account of the Acquisition and Construction Fund shall be
maintained by the Trustee in respect of each Series of Bonds upon request of the Issuer
whenever, in the opinion of the Issuer, it is appropriate to have a separate accounting in respect
of the Costs of any designated portion of a Project. Payments shall be made from the appropriate
Series Account of the Acquisition and Construction Fund to pay any unpaid Costs of Issuance of
the Series of Bonds in question, including without limitation, legal, engineering, and consultants'
fees and to pay amounts to be reimbursed to the Issuer for Costs advanced, and thereafter to pay
Costs of planning, financing, acquisition, construction, reconstruction, equipping and installation
of the applicable Project or portion thereof.
(a) Deposits. In addition to the deposit of amounts received by the Trustee on the
date of issuance of each Series of Bonds, the District shall payor cause to be paid to the Trustee,
for deposit into the Series Account of the Acquisition and Construction Fund, as promptly as
practicable, the following amounts:
(i) Pa-yment~;Subiect to Section 9.24 hereof. oavments made to the District
from the sale, lease or other disposition of the Project or any portion thereof; and
(ii) +ReSubiect to Section 9.14 hereof. the balance of insurance proceeds with
respect to the loss or destruction of the Project or any portion thereof.
Amounts in the Series Account of the Acquisition and Construction Fund shall be applied to pay
the Cost of a Project or a portion thereof, as applicable, pertaining to the Series of Bonds in
question; provided, however, that if any amounts remain in the Series Account of the Acquisition
and Construction Fund after the Completion Date of the Project or portion thereof pertaining to
the Series of Bonds in question, and if such amounts are not reserved for payment of any
remaining part of the Cost of such Project, such amounts shall be transferred to the applicable
Series Account of the Bond Redemption Fund for application to the redemption of Bonds of the
Series to which such proceeds relate, as set forth in Section 6.06 hereof or in the applicable
Supplemental Indenture.
mi..fsIl1566581v!1.~I.I1 'l!IIl5\6.~54).1l11l11l1l
27
<!:.J
jt.
(b) Disbursements. All payments from the Acquisition and Construction
Fund shall be paid in accordance with the provisions of this subsection. Moneys in the
Acquisition and Construction Fund shall be disbursed by check, voucher, order, draft, certificate
or warrant signed by anyone or more officers or employees of the Trustee legally authorized to
sign such items or by wire transfer to an account specified by the payee upon satisfaction of the
conditions for disbursement set forth in this subsection (b). Before any such payment shall be
made, the District shall file with the Trustee a fully executed requisition in the form of Exhibit D
attached hereto. Upon receipt of each such requisition and accompanying certificate, the Trustee
shall promptly withdraw from the Acquisition and Construction Fund and pay to the person, firm
or corporation named in such requisition the amount designated in such requisition. All
requisitions and certificates received by the Trustee pursuant to this Section 5.01 shall be
retained in the possession of the Trustee, subject at all reasonable times to the inspection of the
District, the Consulting Engineer, the Owner of any Bonds, and the agents and representatives
thereof.
(c) Completion of Project. On the date of completion of the Project, as
evidenced by the delivery of a Certificate of the Consulting Engineer and adoption of a
resolution by the Board accepting the Project as provided by Section 170.09, Florida Statutes, as
amended (the "Completion Date"), the balance in the Acquisition and Construction Fund not
reserved by the District for the payment of any remaining part of the Cost of the Project shall be
transferred by the Trustee to, and deposited in, the applicable Series Account of the Bond
Redemption Fund and applied as provided in Section 6.06 hereof.
[END OF ARTICLE V]
mia.fsII1566581v .~I 'II 'liI1I5165545011Jlllil
28
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ARTICLE VI
SPECIAL ASSESSMENTS;
APPLICATION THEREOF TO FUNDS AND ACCOUNTS
SECTION 6.01. Special Assessments; Lien of Indenture on Pledged Revenues. The
Issuer hereby covenants that it shall levy Special Assessments, and evidence and certify the same
to the Tax Collector or shall cause the Property Appraiser to certify the same on the tax roll to
the Tax Collector for collection by the Tax Collector and enforcement by the Tax Collector or
the Issuer, pursuant to the Act, Chapter 170 or Chapter 197, Florida Statutes, or any successor
statutes, as applicable, to the extent and in the amount necessary to pay the Debt Service
Requirement on Bonds issued and Outstanding hereunder.
The Issuer shall, within 5 Business Days of receipt thereof pay to the Trustee for deposit
in the Series Account of the Revenue Fund established under Section 6.03 hereof all Special
Assessments received by the Issuer from the levy thereof on the District Lands subject to
assessments for the payment of the related Series of Bonds; provided, however, that amounts
received as prepayments of Special Assessments shall be deposited directly into the Bond
Redemption Fund established hereunder or in any account thereof established pursuant to the
applicable Supplemental Indenture. The Issuer shall notify the Trustee at the time of deposit of
any amounts received as prepayments of Special Assessments and shall identify the related
Series of Bonds.
There are hereby pledged for the payment of the principal or Redemption Price of and
interest on all Bonds of each Series issued and Outstanding under the Indenture and all
reimbursements due to any Credit Facility Issuer for any drawing with respect to such Series of
Bonds on its Credit Facility, including, without limitation, interest thereon, as required under the
terms of the applicable Credit Facility Agreement, the Pledged Revenues; provided, however,
that unless otherwise specifically provided herein or in a Supplemental Indenture relating to a
Series of Bonds with respect to the Pledged Revenues securing such Series of Bonds, the
Pledged Revenues securing a Series of Bonds shall secure only such Series of Bonds and Bonds
issued on a parity therewith and shall not secure any other Bonds or Series of Bonds. The
Pledged Revenues shall immediately be subject to the lien and pledge of the Indenture without
any physical delivery hereof or further act; provided, however, that the lien and pledge of the
Indenture shall not apply to any moneys transferred by the Trustee to the Rebate Fund. The
foregoing notwithstanding, to the extent provided in the Supplemental Indenture authorizing the
issuance of a Series of Bonds, such Series of Bonds may be made payable from and secured by
less than all of the Pledged Revenues, and anyone or more of the provisions of this Master
Indenture may be made inapplicable to such Series of Bonds, all as more specifically provided in
the corresponding Supplemental Indenture; provided, however, that any such provisions shall
apply only to the particular Series of Bonds authorized by such Supplemental Indenture and shall
not affect in any manner whatsoever any Outstanding Series of Bonds.
SECTION 6.02. Funds and Accounts Relating to the Bonds. The Funds and
Accounts specified in this Article VI shall be established under the Master Indenture and each
Supplemental Indenture pursuant to which a Series of Bonds is issued for the benefit of the
mia.f, 1 11566583v'l!c11 . I1l!105l65545.0 III 100
29
specific Series of Bonds issued pursuant to such Supplemental Indenture and any Series issued
on a parity therewith and, unless expressly otherwise provided in said Supplemental Indenture,
shall not apply to Bonds Outstanding hereunder issued under any other indenture supplemental
hereto. All moneys, including, without limitation, proceeds of a Series of Bonds, on deposit to
the credit of the Funds and Accounts established hereunder and under a Supplemental Indenture
(except for moneys transferred to the Rebate Fund) shall be pledged to the payment of the
principal, redemption or purchase price of (as the case may be) and interest on the Series of
Bonds issued hereunder and under such Supplemental Indenture, and any Series issued on a
parity therewith.
SECTION 6.03. Revenue Fund. The Trustee is hereby authorized and directed to
establish a Revenue Fund and pursuant to a Supplemental Indenture a Series Account for each
Series of Bonds issued hereunder, into which the Trustee shall immediately deposit any and all
Special Assessments received from the levy thereof on the District Lands or any portion thereof
(other than Special Assessment prepayments) and any amounts received as the result of any
foreclosure, sale of tax certificates or other remedial action for nonpayment of Special
Assessments for the payment of the related Series of Bonds and other payments required
hereunder or under the applicable Supplemental Indenture (unless such Special Assessments
and/or other payments are specifically designated by the Issuer pursuant to a Supplemental
Indenture for deposit into the Rebate Fund or any other Fund or Account established hereunder
or under a Supplemental Indenture) and each Series Account therein shall be held by the Trustee
separate and apart from all other Funds and Accounts held under the Indenture and from all other
moneys of the Trustee. The Trustee shall transfer from amounts on deposit in the Series Account
in the Revenue Fund to the Funds and Accounts designated below, the following amounts, at the
following times and in the following order of priority:
FIRST, upon receipt but no later than the Business Day preceding the first May 1
for which there is an insufficient amount from Bond proceeds (or investment earnings
thereon) on deposit in the applicable Series Interest Account to be applied to the payment
of interest on the Bonds of a Series due on the next succeeding May 1, and no later than
the Business Day next preceding each May 1 thereafter while Bonds of a Series issued
under the Indenture remain Outstanding, to the applicable Series Interest Account of the
Debt Service Fund, an amount equal to the interest on the related Series of Bonds
becoming due on the next succeeding May 1, less any amount on deposit in such Interest
Account not previously credited;
SECOND, beginning on the date set forth in the related Supplemental Indenture,
and no later than the Business Day next preceding each May 1 thereafter while Bonds of
a Series issued under the Indenture remain Outstanding, to the Principal Account of the
Debt Service Fund, an amount equal to the principal amount of Bonds of such Series
maturing on the next succeeding principal payment date, less any amount on deposit in
the applicable Series Principal Account not previously credited;
THIRD, beginning on the date set forth in the related Supplemental Indenture, and
no later than the Business Day next preceding each May 1 thereafter while Bonds of a
Series issued under the Indenture remain Outstanding, to the applicable Series Sinking
mia-fsIl156658Jv" 'l!c1\ 'II '1iI1I5\65545.1J1011J1J 30
'"" .'-"J
161'1
Fund Account of the Debt Service Fund, an amount equal to the principal amount of
Bonds of such Series subject to mandatory sinking fund redemption on the next
succeeding principal payment date, less any amount on deposit in the applicable Series
Sinking Fund Account not previously credited;
FOURTH, upon receipt but no later than the Business Day preceding the first
November 1 for which there remains an insufficient amount from Bond proceeds (or
investment earnings thereon) on deposit in the applicable Series Interest Account to be
applied to the payment of interest on the Bonds of a Series due on the next succeeding
November 1, and no later than the Business Day next preceding each November 1
thereafter while Bonds of such Series issued under the Indenture remain Outstanding, to
the applicable Series Interest Account of the Debt Service Fund, an amount equal to the
interest on the Bonds of such Series becoming due on the next succeeding November 1,
less any amount on deposit in the Interest Account not previously credited;
FIFTH, upon receipt but no later than the Business Day next preceding each
Interest Payment Date while Bonds of a Series issued under the Indenture remain
Outstanding, to the applicable Series Account of the Debt Service Reserve Fund, an
amount equal to the amount, if any, which is necessary to make the amount on deposit
therein equal to the Debt Service Reserve Requirement; and
SIXTH, subject to the following paragraph the balance of any moneys remaining
after making the foregoing deposits shall remain therein.
The Trustee shall within ten (10) Business Days after the last Interest Payment Date in
any calendar year, at the direction of the Issuer, withdraw any moneys held for the credit of the
Revenue Fund which are not otherwise required to be deposited pursuant to this Section and
deposit such moneys as directed to the credit of the applicable Series Account of the Bond
Redemption Fund in accordance with the provisions hereof. Special Assessment Prepayments
pledged to a particular Series of Bonds shall be deposited directly into the applicable Series
account of the Bond Redemption Fund as provided herein.
SECTION 6.04. Debt Service Fund. The Trustee is hereby authorized and directed
to establish a Debt Service Fund which shall consist of amounts deposited therein by the Trustee
and any other amounts the Issuer may pay to the Trustee for deposit therein with respect to the
related Series of Bonds. The Debt Service Fund shall be held by the Trustee separate and apart
from all other Funds and Accounts held under the Indenture and from all other moneys of the
Trustee. The Trustee shall establish within the Debt Service Fund pursuant to a Supplemental
Indenture, a Series Principal Account, a Series Interest Account and a Series Sinking Fund
Account for each Series of Bonds, which accounts shall be separate and apart from all other
Funds and Accounts established under the Indenture and from all other moneys of the Trustee.
The Trustee at all times shall make available to any Paying Agent the funds in the Series
Principal Account and the Series Interest Account of the Debt Service Fund to pay the principal
of the applicable Series of Bonds as they mature upon surrender thereof and the interest on the
applicable Series of Bonds as it becomes payable, respectively. When a Series of Bonds is
mia-fs111566583v l!_11 'JJ 'li/05165545.010100
31
11 I.
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A........,
redeemed, the amount, if any, in the Debt Service Fund representing interest thereon shall be
applied to the payment of accrued interest in connection with such redemption.
The Trustee shall apply moneys in the Series Sinking Fund Account in the Debt Service
Fund for purchase or redemption of the applicable Series of Bonds in amounts and maturities set
forth in the Supplemental Indenture. Whenever Bonds of a Series are to be purchased out of
such Series Sinking Fund Account, if the Issuer shall notify the Trustee that the Issuer wishes to
arrange for such purchase, the Trustee shall comply with the Issuer's arrangements provided they
conform to the Indenture.
Except to the extent otherwise provided in a Supplemental Indenture, purchases and
redemptions out of the Series Sinking Fund Account shall be made as follows:
(a) The Trustee shall apply the amounts required to be transferred to the
Series Sinking Fund Account (less any moneys applied to the purchase of Bonds of the
applicable Series pursuant to the next sentence hereof) on the principal payment date in each of
the years set forth in a Supplemental Indenture to the redemption of Bonds of a Series in the
amounts, manner and maturities and on the dates set forth in a Supplemental Indenture, at a
Redemption Price of 100% of the principal amount thereof. At the written direction of the
Issuer, the Trustee shall apply moneys from time to time available in the Series Sinking Fund
Account to the purchase of Bonds of the applicable Series which mature in the aforesaid years, at
prices not higher than the principal amount thereof, in lieu of redemption as aforesaid, provided
that firm purchase commitments can be made before the notice of redemption would otherwise
be required to be given. In the event of purchases at less than the principal amount thereof, the
difference between the amount in the Series Sinking Fund Account representing the principal
amount of the Bonds so purchased and the purchase price thereof (exclusive of accrued interest)
shall be transferred to the related Series Interest Account of the Debt Service Fund.
(b) Accrued interest on purchased Bonds of a Series shall be paid from the
related Series Interest Account of the Debt Service Fund.
(c) In lieu of paying the Debt Service Requirements necessary to allow any
mandatory redemption of Bonds of a Series from the related Series Sinking Fund Account, the
Issuer may present to the Trustee Bonds of a Series purchased by the Issuer pursuant to
subparagraph (a) above and furnished for such purposes; provided, however, that no Bonds of
such Series so purchased shall be credited towards the Debt Service Requirements in respect of
the mandatory redemption of Bonds of such Series for which notice of redemption has been
given pursuant to Section 8.02 of this Master Indenture. Any Bond so purchased shall be
presented to the Trustee for cancellation. In such event, the Debt Service Requirements with
respect to the Bonds of a Series for the period in which the purchased Bonds are presented to the
Trustee shall, for all purposes hereunder, be reduced by an amount equal to the aggregate
principal amount of any such Bonds so presented.
SECTION 6.05. Debt Service Reserve Fund. The Trustee is hereby authorized and
directed to establish a Debt Service Reserve Fund and pursuant to a Supplemental Indenture a
Series Account for each Series of Bonds issued hereunder. The Debt Service Reserve Fund and
mia.fsl 1156658JvU41 : 7J&,1I5165.~45.illl) 100
32
1611
each Series Account therein shall be held by the Trustee for the benefit of each related Series of
Bonds~ provided, however, that notwithstanding anything to the contrary contained in this Master
Indenture, the Supplemental Indenture authorizing the issuance of a Series of Bonds may provide
that the Debt Service Reserve Fund is not applicable and no account therein shall secure such
Series of Bonds. The Debt Service Reserve Fund and each Series Account therein shall
constitute an irrevocable trust fund to be applied solely as set forth herein and shall be held by
the Trustee separate and apart from all other Funds and Accounts held under the Indenture and
from all other moneys of the Trustee. Unless otherwise provided in the Supplemental Indenture
authorizing the issuance of a Series of Bonds, on the date of issuance and delivery of a Series of
Bonds an amount of Bond proceeds equal to the Debt Service Reserve Requirement in respect of
such Series of Bonds, calculated as of the date of issuance and delivery of such Series of Bonds,
shall be deposited in the related Series Account of the Debt Service Reserve Fund. As long as
there exists no default under the Indenture and the amount in the Series Account of the Debt
Service Reserve Fund is not reduced below the then applicable Debt Service Reserve
Requirement with respect to such Series of Bonds, earnings on investments in the Series Account
of the Debt Service Reserve Fund shall, prior to the Completion Date of a Project, be transferred
to the Series Interest Account of the Debt Service Fund relating thereto, and after the Completion
Date, be transferred to the related Series Account of the Revenue Fund. Otherwise, earnings on
investments in each Series Account of the Debt Service Reserve Fund shall be retained therein
until applied as set forth herein. Unless otherwise provided in a Supplemental Indenture, in the
event that the amount in a Series Account of the Debt Service Reserve Fund exceeds the Debt
Service Reserve Requirement with respect to such Series of Bonds due to a decrease in the then
applicable Debt Service Reserve Requirement as a result of an optional prepayment by the owner
of a lot or parcel of land of a Special Assessment against such lot or parcel, which Special
Assessment is pledged for the payment and security of such Series of Bonds, the excess amount
shall be transferred from the Series Account of the Debt Service Reserve Fund to the Bond
Redemption Fund established for such Series of Bonds, as a credit against the principal amount
of the prepayment otherwise required to be made by the owner of such lot or parcel. In the event
that the amount in a Series Account of the Debt Service Reserve Fund exceeds the Debt Service
Reserve Requirement with respect to such Series of Bonds due to a decrease in the then
applicable Series Account of the Debt Service Reserve Requirement for any other reason, the
excess amount shall be transferred from the Series Account of the Debt Service Reserve Fund to
the related Series Account of the Revenue Fund.
Whenever for any reason on an Interest or Principal Payment Date or mandatory
redemption date with respect to a related Series of Bonds secured by a Series Account of the
Debt Service Reserve Fund the amount in the related Series Interest Account, the related Series
Principal Account or the related Series Sinking Fund Account, as the case may be, is insufficient
to pay all amounts payable on such Series of Bonds therefrom on such payment dates, the
Trustee shall, without further instructions, transfer the amount of any such deficiency from the
related Series Account of the Debt Service Reserve Fund into the related Series Interest Account,
the related Series Principal Account and the related Series Sinking Fund Account, as the case
may be, with priority to the related Series Interest Account and then, proportionately according
to the respective deficiencies therein, to the related Series Principal Account and the related
mia.fsl\15fi6583v 'l!c1II1 '1if0516.~$45.01ll1ll0
33
t.. i
JL~/
Series Sinking Fund Account, to be applied to pay the Series of Bonds secured by the Series
Account of the Debt Service Reserve Fund.
Notwithstanding the foregoing, in lieu of the required deposits into the related Series
Account of the Debt Service Reserve Fund, the Issuer may cause to be deposited into the Series
Account of the Debt Service Reserve Fund a Debt Service Reserve Insurance Policy or Debt
Service Reserve Letter of Credit either in lieu of any cash amount required to be deposited
therein in connection with the issuance of any Series of Bonds or in substitution for the full
amounts then on deposit therein or in an amount equal to the difference between the amount
required to be deposited and the sum, if any, then on deposit in the Series Account of the Debt
Service Reserve Fund, which Debt Service Reserve Insurance Policy or Debt Service Reserve
Letter of Credit shall be payable (upon the giving of notice as required thereunder) on any
Interest Payment Date or principal payment date on which a deficiency exists which cannot be
remedied by moneys in any other Fund or Account held pursuant to the Indenture and available
for such purpose. If any such Debt Service Reserve Insurance Policy or Debt Service Reserve
Letter of Credit is substituted for moneys on deposit in the Series Account of the Debt Service
Reserve Fund, or if at any time there are excess moneys in the Series Account of the Debt
Service Reserve Fund, the excess moneys in the Series Account of the Debt Service Reserve
Fund shall be transferred to and deposited in the related Series Account of the Revenue Fund. If
a disbursement is made from a Debt Service Reserve Insurance Policy or Debt Service Reserve
Letter of Credit, the Issuer shall be obligated to either reinstate the maximum limits of such Debt
Service Reserve Insurance Policy or Debt Service Reserve Letter of Credit immediately
following such disbursement or to deposit into the Series Account of the Debt Service Reserve
Fund, as provided in the Indenture for restoration of withdrawals from the Series Account of the
Debt Service Reserve Fund, funds in the amount of the disbursement made under such Debt
Service Reserve Insurance Policy or Debt Service Reserve Letter of Credit.
In the event that upon the occurrence of any deficiency in a Series Interest Account, a
Series Principal Account or a Series Sinking Fund Account, the Series Account of the Debt
Service Reserve Fund is then funded with a Debt Service Reserve Letter of Credit or Debt
Service Reserve Insurance Policy, the Trustee shall, on an Interest or Principal Payment Date or
mandatory redemption date to which such deficiency relates, draw upon the Debt Service
Reserve Letter of Credit or cause to be paid under the Debt Service Reserve Insurance Policy an
amount sufficient to remedy such deficiency, in accordance with the terms and provisions of the
Debt Service Reserve Letter of Credit or Debt Service Reserve Insurance Policy as applicable,
and any corresponding reimbursement or other agreement governing the Debt Service Reserve
Letter of Credit or Debt Service Reserve Insurance Policy; provided, however, that if at the time
of such deficiency the Series Account of the Debt Service Reserve Fund is only partially funded
with a Debt Service Reserve Letter of Credit or Debt Service Reserve Insurance Policy, prior to
drawing on the Debt Service Reserve Letter of Credit or Debt Service Reserve Insurance Policy,
as applicable, the Trustee shall first apply any cash and securities on deposit in the Series
Account of the Debt Service Reserve Fund to remedy the deficiency in accordance with the
second paragraph of this Section 6.05 and, if after such application a deficiency still exists, the
Trustee shall make up the balance of the deficiency by drawing on the Debt Service Reserve
Letter of Credit or Debt Service Reserve Insurance Policy, as provided in this sentence.
mia-fsII1566581vl!JI II 'l!f05\65.145.0I0IIl0
34
1611
Amounts drawn on the Debt Service Reserve Letter of Credit or Debt Service Reserve Insurance
Policy shall be applied as set forth in the second paragraph of this Section 6.05. Any amounts
drawn under a Debt Service Reserve Letter of Credit or Debt Service Reserve Insurance Policy
shall be reimbursed to the issuer thereof in accordance with the terms and provisions of the
reimbursement or other agreement governing such Debt Service Reserve Letter of Credit or Debt
Service Reserve Insurance Policy.
SECTION 6.06. Bond Redemption Fund. The Trustee is hereby authorized and
directed to establish a Series Bond Redemption Fund for each Series of Bonds issued hereunder
into which shall be deposited moneys in the amounts and at the times provided in Sections 5.01,
6.01, 6.03, 6.05, 9.08(c) and 9.14(c) of this Master Indenture. The Series Bond Redemption
Fund shall constitute an irrevocable trust fund to be applied solely as set forth in the applicable
Indenture and shall be held by the Trustee separate and apart from all other Funds and Accounts
held under such Indenture and from all other moneys of the Trustee. All earnings on investments
held in the Series Bond Redemption Fund shall be retained therein and applied as set forth
below.
Moneys in the Series Bond Redemption Fund (including all earnings on investments held
in the Series Bond Redemption Fund) shall be accumulated therein to be used in the following
order of priority, to the extent that the need therefor arises:
FIRST, to make such deposits into the Series Rebate Fund, if any, as the Issuer
may direct in accordance with an arbitrage rebate agreement, such moneys thereupon to
be used solely for the purposes specified in said arbitrage rebate agreement. Any moneys
so transferred from the Series Bond Redemption Fund to the Series Rebate Fund shall
thereupon be free from the lien and pledge of the related Indenture;
SECOND, to be used to call for redemption pursuant to clause (b) of Section 8.01
hereof an amount of Bonds of the applicable Series equal to the amount of money
transferred to the Series Bond Redemption Fund pursuant to the aforesaid clauses or
provisions, as appropriate, for the purpose of such extraordinary mandatory redemption
on the dates and at the prices provided in such clauses or provisions, as appropriate; and
THIRD, the remainder to be utilized by the Trustee, at the direction of a
Responsible Officer, to call for redemption on each Interest Payment Date on which
Bonds of the applicable Series are subject to optional redemption pursuant to Section
8.01(a) hereof such amount of Bonds of the applicable Series as, with the redemption
premium, may be practicable; provided, however, that not less than Five Thousand
Dollars ($5,000) principal amount of Bonds of the applicable Series shall be called for
redemption at one time.
Any such redemption shall be made in accordance with the provisions of Article VIII of
this Master Indenture. The Issuer shall pay all expenses in connection with such redemption.
SECTION 6.07. Drawings on Credit Facility. With respect to Bonds in respect of
which there has been issued a Credit Facility, the Trustee shall draw on the Credit Facility, in
mia-fslll.~665R3v'l!c1\ 'II 'J!/05165545.0101Il(l
35
accordance with the provisions for drawing under such Credit Facility, and within the requisite
time period, all as set forth in the Credit Facility Agreement or the Supplemental Indenture.
SECTION 6.08. Procedure When Funds Are Sufficient to Pay All Bonds of a
Series. If at any time the moneys held by the Trustee in the Funds and Accounts hereunder and
under a Supplemental Indenture and available therefor are sufficient to pay the principal or
Redemption Price of, as the case may be, and interest on all Bonds of a Series then Outstanding
under such Indenture to maturity or prior redemption, together with any amounts due the Issuer
and the Trustee, Paying Agent, Registrar, Credit Facility Issuer, the Trustee, at the direction of
the Issuer, shall apply the amounts in the Series Funds and Series Accounts to the payment of the
aforesaid obligations and the Issuer shall not be required to pay over any further Pledged
Revenues with respect to such Series of Bonds unless and until it shall appear that there is a
deficiency in the Funds and Accounts held by the Trustee.
SECTION 6.09. Certain Moneys to Be Held for Series Bondowners Only. Each
Series of Bonds issued pursuant to this Master Indenture and a Supplemental Indenture shall be
secured by Pledged Revenues, as set forth herein, and otherwise may be secured by such
additional Funds and Accounts and other security (including, but not limited to, Credit Facilities)
established by the pertinent Supplemental Indenture. Moneys and investments in the various
Funds and Accounts created under a Supplemental Indenture expressly and solely for the benefit
of the Series of Bonds issued under such Supplemental Indenture shall be held in trust by the
Trustee for the benefit of the Holders of, and Credit Facility Issuer with respect to, Bonds of that
Series only.
SECTION 6.10. Unclaimed Moneys In the event any Bond shall not be presented
for payment when the principal of such Bond becomes due, either at maturity or at the date fixed
for redemption of such Bond or otherwise, if amounts sufficient to pay such Bond have been
deposited with the Trustee for the benefit of the owner of the Bond and have remained unclaimed
for three (3) years after the date payment thereof becomes due shall, upon request of the Issuer, if
the Issuer is not at the time to the knowledge of the Trustee in default with respect to any
covenant in the Indenture or the Bonds contained, be paid to the Issuer; and the Owners of the
Bonds for which the deposit was made shall thereafter be limited to a claim against the Issuer;
provided, however, that the Trustee, before making payment to the Issuer, may, at the expense of
the Issuer, cause a notice to be published in an Authorized Newspaper stating that the money
remaining unclaimed will be returned to the Issuer after a specified date.
[END OF ARTICLE VI]
mia-r,111566581v' U41:I1 .l!f1l5165545.1I11l]1l11
36
,.-;:l ;?
[' c~;
1611
ARTICLE VII
SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS
SECTION 7.01. Deposits and Security Therefor. All moneys received by the
Trustee under a Supplemental Indenture for deposit in any Fund or Account established under
the Master Indenture or such Supplemental Indenture shall be considered trust funds, shall not be
subject to lien or attachment, except for the lien created by the Indenture, and shall be deposited
in the commercial department of the Trustee, until or unless invested or deposited as provided in
Section 7.02 hereof. All deposits of moneys received by the Trustee under the Master Indenture
or such Supplemental Indenture in the commercial department of the Trustee (whether original
deposits under this Section 7.01 or deposits or redeposits in time accounts under Section 7.02)
shall, to the extent not insured, and to the extent permitted by law, be fully secured as to both
principal and interest earned, by Investment Securities of the types set forth in subparagraphs (a),
(b), (c) or (d) of the definition of Investment Securities and the provisions thereof. If at any time
the commercial department of the Trustee is unwilling to accept such deposits or unable to
secure them as provided above, the Trustee may deposit such moneys with any other depositary
which is authorized to receive them and the deposits of which are insured by the Federal Deposit
Insurance Corporation (including the FDIC'S Savings Association Insurance Fund). All deposits
in any other depositary in excess of the amount covered by insurance (whether under this Section
7.01 or Section 7.02 as aforesaid) shall, to the extent permitted by law, be fully secured as to
both principal and interest earned, in the same manner as required herein for deposits with the
Trustee. Such security shall be deposited with a Federal Reserve Bank, with the trust department
of the Trustee as authorized by law with respect to trust funds in the State, or with a bank or trust
company having a combined net capital and surplus of not less than $50,000,000.
SECTION 7.02. Investment or Deposit of Funds. Except to the extent otherwise
provided in a Supplemental Indenture with respect to a specific Series of Bonds, the Trustee
shall, as directed by the Issuer in writing, invest moneys held in the Series Account in the Debt
Service Fund and any Series Bond Redemption Fund created under any Supplemental Indenture
only in Government Obligations and securities described in subparagraphs (d), (e), (h), (j), (k) or
(I) of the definition of Investment Securities. Except to the extent otherwise provided in a
Supplemental Indenture with respect to a specific Series of Bonds, the Trustee shall, as directed
by the Issuer in writing, invest moneys held in any Series Account of the Debt Service Reserve
Fund in Investment Securities. All deposits in time accounts shall be subject to withdrawal
without penalty and all investments shall mature or be subject to redemption by the holder
without penalty, not later than the date when the amounts will foreseeably be needed for
purposes set forth herein. All securities securing investments under this Section shall be
deposited with a Federal Reserve Bank, with the trust department of the Trustee, as authorized
by law with respect to trust funds in the State, or with a bank or trust company having a
combined net capital and surplus of not less than $50,000,000. The interest and income received
upon such investments and any interest paid by the Trustee or any other depositary of any Fund
or Account and any profit or loss resulting from the sale of securities shall be added or charged
to the Fund or Account for which such investments are made; provided, however, that if the
amount in any Fund or Account equals or exceeds the amount required to be on deposit therein,
mia-fsIIJ566581v'. 'l!c1I"I1 .!V1I5\65.145.1I101011
37
subject to Section 6.05 of this Master Indenture and unless otherwise provided in a Supplemental
Indenture with respect to a specific Series of Bonds, any interest and other income so received
shall be deposited in the related Series Account of the Revenue Fund. Upon request of the
Issuer, or on its own initiative whenever payment is to be made out of any Fund or Account, the
Trustee shall sell such securities as may be requested to make the payment and restore the
proceeds to the Fund or Account in which the securities were held. The Trustee shall not be
accountable for any depreciation in the value of any such security or for any loss resulting from
the sale thereof, except as provided hereinafter. If net proceeds from the sale of securities held in
any Fund or Account shall be less than the amount invested and, as a result, the amount on
deposit in such Fund or Account is less than the amount required to be on deposit in such Fund
or Account, the amount of such deficit shall be transferred to such Fund or Account from the
related Series Account of the Revenue Fund.
Absent specific instructions as aforesaid, all moneys in the Funds and Accounts
established under the Indenture shall be invested in investments of the nature described in
subparagraph (I) of the definition of Investment Securities; provided, however, that whether or
not specific instructions as aforesaid have been received by the Trustee, moneys in the Debt
Service Fund and in the Bond Redemption Fund shall be invested only in the types of obligations
described in the two first sentences of this Section 7.02. Subject to the provisions of Section
9.31 of this Master Indenture, moneysMonevs in any of the Funds and Accounts established
pursuant to the Indenture, when held by the Trustee, shall be immediately invested by the
Trustee subject to all written directions from the Issuer. The Trustee shall not be liable or
responsible for any loss or entitled to any gain resulting from any investment or sale upon the
investment instructions of the Issuer or otherwise, including that set forth in the first sentence of
this paragraph.
SECTION 7.03. Valuation of Funds. The Trustee shall value the assets in each of
the Funds and Accounts established hereunder or under any Supplemental Indenture on March
15 and September 15 of each Fiscal Year, and as soon as practicable after each such valuation
date (but no later than ten (10) days after each such valuation date) shall provide the Issuer a
report of the status of each Fund and Account as of the valuation date. In computing the assets
of any Fund or Account, investments and accrued interest thereon shall be deemed a part thereof,
subject to Section 7.02 hereof. For the purpose of determining the amount on deposit to the
credit of any Fund or Account established hereunder or under any Supplemental Indenture,
obligations in which money in such Fund or Account shall have been invested shall be valued at
the market value or the amortized cost thereof, whichever is lower, or at the redemption price
thereof, to the extent that any such obligation is then redeemable at the option of the holder.
[END OF ARTICLE VII]
mia-fslll.~66581v. .lJ1I'I1 1lI115\fi554.~.lIlnll~)
38
1(;11
ARTICLE VIII
REDEMPTION AND PURCHASE OF BONDS
SECTION 8.01. Redemption Dates and Prices. The Bonds may be made
subject to optional, mandatory and extraordinary redemption and purchase, either in whole or in
part, by the Issuer, prior to maturity in the amounts, at the times and in the manner provided in
this Article VIII and in a Supplemental Indenture.
(a) Optional Redemption. Bonds of a Series shall be subject to optional
redemption at the direction of the Issuer, at the times and upon payment of the purchase price as
provided in a Supplemental Indenture.
(b) Extraordinary Mandatory Redemption in Whole or in Part. Except as
otherwise provided in a Supplemental Indenture with respect to Bonds of the related Series,
Bonds of a Series are subject to extraordinary mandatory redemption prior to maturity by the
Issuer in whole, on any date, or in part, on any Interest Payment Date, at an extraordinary
mandatory redemption price equal to 100% of the principal amount of the Bonds to be redeemed,
plus interest accrued to the redemption date, (i) from moneys deposited into the related Series
Bond Redemption Fund following the payment in full of Special Assessments on any portion of
the District Lands in accordance with the provisions of Section 9.08(a) hereof; (ii) from moneys
deposited into the related Series Bond Redemption Fund following the payment in full of Special
Assessments on any portion of the District Lands as a result of any prepayment of Special
Assessments in accordance with Section 9.08(b) hereof; (iii) when sufficient moneys are on
deposit in the related Series Funds and Accounts (other than the Rebate Fund) to pay and redeem
all Outstanding Bonds of a Series and accrued interest thereon to the redemption date in addition
to all amounts owed to Persons under the Indenture; (iv) from moneys in excess of the Series
Account of the Debt Service Reserve Requirement in the Series Account of the Debt Service
Reserve Fund transferred to the Series Bond Redemption Fund pursuant to Section 6.05 hereof;
(v) from excess moneys transferred from the Series Account of the Revenue Fund to the Bond
Series Redemption Fund in accordance with Section 6.03 of this Master Indenture; (vi) from
moneys, if any, on deposit in the Series Bond Redemption Fund pursuant to Section 9.14(c)
hereof following condemnation or the sale of any portion of the District Lands benefited by a
Project to a governmental entity under threat of condemnation by such governmental entity or
the damage or destruction of all or substantially all of the Project when such moneys are not to
be used pursuant to 9.14(c) to repair, replace or restore the Project; provided, however, that at
least forty-five (45) days prior to such extraordinary mandatory redemption, the Issuer shall
cause to be delivered to the Trustee (x) notice setting forth the redemption date and (y) a
certificate of the Consulting Engineer confirming that the repair and restoration of the Project
would not be economical or would be impracticable; or (vii) from amounts transferred to the
Series Account of the Bond Redemption Fund from the Series Account of the Acquisition and
Construction Fund in accordance with Section 5.01(c) hereof.
(c) Mandatory Sinking Fund Redemption. Bonds of a Series shall be subject
to mandatory sinking fund redemption at a Redemption Price of 100% of the principal amount
mia-f.lI\I.~ti65~lv .l!c1\.I1 !ilO.~\fi5545.010100
39
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thereof plus accrued interest to the redemption date, in the years and amounts set forth in a
Supplemental Indenture.
In connection with such mandatory sinking fund redemption of Bonds, amounts shall be
transferred from the applicable Series Account of the Revenue Fund to the Series Sinking Fund
Account of the Debt Service Fund, all as more particularly described in Section 6.03 hereof.
The principal amounts of scheduled Sinking Fund Installments shall be reduced as
specified by the Issuer or as provided in Section 8.04 hereof by any principal amounts of the
Bonds redeemed pursuant to Section 8.01(a) and (b) hereof or purchased pursuant to Section
6.04 hereof.
Upon any redemption of Bonds other than in accordance with scheduled Sinking Fund
Installments, the Issuer shall cause to be recalculated and delivered to the Trustee revised
Sinking Fund Installments recalculated so as to amortize the Outstanding principal amount of
Bonds of such Series in substantially equal annual installments of principal and interest (subject
to rounding to Authorized Denominations of principal) over the remaining term of the Bonds of
such Series. The Sinking Fund Installments as so recalculated shall not result in an increase in
the aggregate of the Sinking Fund Installments for all Bonds of such Series in any year. In the
event of a redemption or purchase occurring less than 45 days prior to a date on which a Sinking
Fund Installment is due, the foregoing recalculation shall not be made to Sinking Fund
Installments due in the year in which such redemption or purchase occurs, but shall be made to
Sinking Fund Installments for the immediately succeeding and subsequent years.
SECTION 8.02. Notice of Redemption and of Purchase. Except where otherwise
required by a Supplemental Indenture, when required to redeem or purchase Bonds of a Series
under any provision of the Indenture or directed to do so by the Issuer, the Trustee shall cause
notice of the redemption, either in whole or in part, to be mailed at least thirty (30) but not more
than sixty (60) days prior to the redemption or purchase date to all Owners of Bonds to be
redeemed or purchased (as such Owners appear on the Bond Register on the fifth (5th) day prior
to such mailing), at their registered addresses and also to any Credit Facility Issuer, but failure to
mail any such notice or defect in the notice or in the mailing thereof shall not affect the validity
of the redemption or purchase of the Bonds of such Series for which notice was duly mailed in
accordance with this Section 8.02. Such notice shall be given in the name of the Issuer, shall be
dated, shall set forth the Bonds of such Series Outstanding which shall be called for redemption
or purchase and shall include, without limitation, the following additional information:
(a) the redemption or purchase date;
(b) the redemption or purchase price;
(c) CUSIP numbers, to the extent applicable, and any other distinctive
numbers and letters;
m;a.fsIlIS6r;';Hlv' 'l!c1I'I1 )YO';165545.IIIOIOO
40
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(d) if less than all Outstanding Bonds of a Series to be redeemed or purchased,
the identification (and, in the case of partial redemption, the respective principal amounts) of the
Bonds to be redeemed or purchased;
(e) that on the redemption or purchase date the redemption or purchase price
will become due and payable upon surrender of each such Bond or portion thereof called for
redemption or purchase, and that interest thereon shall cease to accrue from and after said date;
and
(t) the place where such Bonds are to be surrendered for payment of the
redemption or purchase price. which place of payment shall be a corporate trust office of the
Trustee.
If at the time of mailing of notice of an optional redemption or purchase, the Issuer shall
not have deposited with the Trustee or Paying Agent moneys sufficient to redeem or purchase all
the Bonds called for redemption or purchase, such notice shall state that it is subject to the
deposit of the redemption or purchase moneys with the Trustee or Paying Agent, as the case may
be, not later than the opening of business on the redemption or purchase date, and such notice
shall be of no effect unless such moneys are so deposited.
If the amount of funds deposited with the Trustee for such redemption, or otherwise
available. is insufficient to pay the redemption price and accrued interest on the Bonds so called
for redemption on the redemption date, the Trustee shall redeem and pay on such date an amount
of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot
from among all such Bonds called for redemption on such date. and among different maturities
of Bonds in the same manner as the initial selection of Bonds to be redeemed, and from and after
such redemption date, interest on the Bonds or portions thereof so paid shall cease to accrue and
become payable; but interest on any Bonds or portions thereof not so paid shall continue to
accrue until paid at the same rate as it would have had such Bonds not been called for
redemption.
The notices required to be given by this Section 8.02 shall state that no representation is
made as to correctness or accuracy of the CUSIP numbers listed in such notice or printed on the
Bonds.
SECTION 8.03. Payment of Redemption Price. If any required (a) unconditional
notice of redemption has been duly mailed or waived by the Owners of all Bonds called for
redemption or (b) conditional notice of redemption has been so mailed or waived and the
redemption moneys have been duly deposited with the Trustee or Paying Agent, then in either
case the Bonds called for redemption shall be payable on the redemption date at the applicable
Redemption Price plus accrued interest, if any, to the redemption date. Bonds so called for
redemption, for which moneys have been duly deposited with the Trustee, will cease to bear
interest on the specified redemption date, shall no longer be secured by the Indenture and shall
not be deemed to be Outstanding under the provisions of the Indenture.
mia-fs111566583v l!c1\ 'II lli05165545.IIIOIOO
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Payment of the Redemption Price, together with accrued interest, shall be made by the
Trustee or Paying Agent to or upon the order of the Owners of the Bonds called for redemption
upon surrender of such Bonds. The Redemption Price of the Bonds to be redeemed, the
expenses of giving notice and any other expenses of redemption shall be paid out of the Fund
from which redemption is to be made or by the Issuer, or as specified in a Supplemental
Indenture.
SECTION 8.04. Partial Redemption of Bonds. Except to the extent otherwise
provided in a Supplemental Indenture, if less than all of a Series of Bonds of a maturity are to be
redeemed, the Trustee shall select the particular Bonds or portions of the Bonds to be called for
redemption by lot in such reasonable manner as the Trustee in its discretion may determine. In
the case of any partial redemption of Bonds of a Series pursuant to Section 8.0l(a), such
redemption shall be effectuated by redeeming Bonds of such Series of such maturities in such
manner as shall be specified by the Issuer in writing, subject to the provisions of Section 8.01
hereof. In the case of any partial redemption of Bonds of a Series pursuant to Section 8.01(b),
such redemption shall be effectuated by redeeming Bonds of such Series pro rata among the
maturities, treating each date on which a Sinking Fund Installment is due as a separate maturity
for such purpose, with the portion to be redeemed from each maturity being equal to the product
of the aggregate principal amount of Bonds of such Series to be redeemed multiplied times a
fraction the numerator of which is the principal amount of the Series of Bonds of such maturity
outstanding immediately prior to the redemption date and the denominator of which is the
aggregate principal amount of all Bonds of such Series outstanding immediately prior to the
redemption date.
[END OF ARTICLE VIII]
mia-f,IIlS6658jy' l!c1\ :I1li1I15\6_~54S.0I1)1IHI
42
ARTICLE IX
COVENANTS OF THE ISSUER
SECTION 9.01. Power to Issue Bonds and Create Lien. The Issuer is duly
authorized under the Act and all applicable laws of the State to issue the Bonds, to adopt and
execute the Master Indenture and to pledge the Pledged Revenues for the benefit of the Bonds of
a Series and any Credit Facility Issuer. The Pledged Revenues are not and shall not be subject to
any other lien senior to or on a parity with the lien created in favor of the Bonds of a Series and
any Credit Facility Issuer with respect to such Series. The Bonds and the provisions of the
Indenture are and will be valid and legally enforceable obligations of the Issuer in accordance
with their respective terms. The Issuer shall, at all times, to the extent permitted by law, defend,
preserve and protect the pledge created by the Indenture and all the rights of the Bondholders and
any Credit Facility Issuer under the Indenture against all claims and demands of all other Persons
whomsoever.
SECTION 9.02. Payment of Principal and Interest on Bonds. The payment of the
principal or Redemption Price of and interest on all of the Bonds of a Series issued under the
Indenture shall be secured forthwith equally and ratably by a first lien on and pledge of the
Pledged Revenues, except to the extent otherwise provided in a Supplemental Indenture; and
Pledged Revenues in an amount sufficient to pay the principal or Redemption Price of and
interest on the Bonds of a Series authorized by the Indenture are hereby irrevocably pledged to
the payment of the principal or Redemption Price of and interest on the Bonds of a Series
authorized under the Indenture, as the same become due and payable. The Issuer shall promptly
pay the interest on and the principal or Redemption Price of every Bond issued hereunder
according to the terms thereof, but shall be required to make such payment only out of the
Pledged Revenues. The Issuer shall appoint one or more Paying Agents for such purpose, each
such agent to be a bank and trust company or a trust company or a national banking association
having trust powers.
THE BONDS AUTHORIZED UNDER THE INDENTURE AND THE OBLIGATION
EVIDENCED THEREBY SHALL NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF
THE ISSUER, INCLUDING, WITHOUT LIMITATION, THE PROJECT OR ANY PORTION
THEREOF IN RESPECT OF WHICH ANY SUCH BONDS ARE BEING ISSUED, OR ANY
PART THEREOF, BUT SHALL CONSTITUTE A LIEN ONLY ON THE PLEDGED
REVENUES AS SET FORTH IN THE INDENTURE. NOTHING IN THE BONDS
AUTHORIZED UNDER THE INDENTURE OR IN THE INDENTURE SHALL BE
CONSTRUED AS OBLIGATING THE .ISSUER TO PAY THE BONDS OR THE
REDEMPTION PRICE THEREOF OR THE INTEREST THEREON EXCEPT FROM THE
PLEDGED REVENUES, OR AS PLEDGING THE FAITH AND CREDIT OF THE ISSUER,
THE COUNTY OR THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR AS
OBLIGATING THE ISSUER, THE COUNTY OR THE STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS, DIRECTLY OR INDIRECTLY OR CONTINGENTLY, TO LEVY OR TO
PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR.
mia-fsIl1566.183y. 'l!c1\ 'I1l!f1l5\65545.1l10101l
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SECTION 9.03.
Special Assessments; Re-Assessments.
(a) The Issuer shall levy Special Assessments, and evidence and certify the
same to the Tax Collector or shall cause the Property Appraiser to certify the same on the tax roll
to the Tax Collector for collection by the Tax Collector and enforcement by the Tax Collector or
the Issuer pursuant to the Act, Chapter 170 or Chapter 197, Florida Statutes, or any successor
statutes, as applicable, and Section 9.04 hereof, to the extent and in an amount sufficient to pay
Debt Service Requirements on all Outstanding Bonds.
(b) If any Special Assessment shall be either in whole or in part annulled,
vacated or set aside by the judgment of any court, or if the Issuer shall be satisfied that any such
Special Assessment is so irregular or defective that the same cannot be enforced or collected, or
if the Issuer shall have omitted to make such Special Assessment when it might have done so, the
Issuer shall either (i) take all necessary steps to cause a new Special Assessment to be made for
the whole or any part of said improvement or against any property benefitted by said
improvement, or (ii) in its sole discretion, make up the amount of such Special Assessment from
legally available moneys, which moneys shall be deposited into the applicable Series Account in
the Revenue Fund. In case such second Special Assessment shall be annulled, the Issuer shall
obtain and make other Special Assessments until a valid Special Assessment shall be made.
SECTION 9.04. Method of Collection. Special Assessments shall be collected by
the Issuer in accordance with the provisions of the Act and Chapter 170 or Chapter 197, Florida
Statutes, or any successor statutes thereto, as applicable, in accordance with the terms of this
Section. The Issuer shall use its best efforts to adopt the uniform method for the levy, collection
and enforcement of Special Assessments afforded by Sections 197.3631, 197.3632 and
197.3635, Florida Statutes, or any successor statutes thereto, as soon as practicable, or a
comparable alternative method afforded by Section 197.3631, Florida Statutes. The Issuer shall
use its best efforts to enter into one or more written agreements with the Property Appraiser and
the Tax Collector, either individually or jointly (together, the "Property Appraiser and Tax
Collector Agreement") in order to effectuate the provisions of this Section. The Issuer shall use
its best efforts to ensure that any such Property Appraiser and Tax Collector Agreement remains
in effect for at least as long as the final maturity of Bonds Outstanding under the Indenture. To
the extent that the Issuer is not able to collect Special Assessments pursuant to the "uniform tax
roll collection" method under Chapter 197, Florida Statutes, the Issuer may elect to collect and
enforce Special Assessments pursuant to any available method under the Act, Chapter 170,
Florida Statutes, or Chapter 197, Florida Statutes, or any successor statutes thereto. The election
to collect and enforce Special Assessments in any year pursuant to anyone method shall not, to
the extent permitted by law, preclude the Issuer from electing to collect and enforce Special
Assessments pursuant to any other method permitted by law in any subsequent year.
SECTION 9.05. Delinquent Special Assessments. Subject to the provisions of
Section 9.04 hereof, if the owner of any lot or parcel of land assessed for a particular Project
shall be delinquent in the payment of any Special Assessment, then such Special Assessment
shall be enforced pursuant to the provisions of Chapter 197, Florida Statutes, or any successor
statute thereto, including, but not limited, to the sale of tax certificates and tax deeds as regards
such delinquent Special Assessment. In the event the provisions of Chapter 197, Florida
mia-fsII1566581vli'j\'I1 .fu'O.\16554.\O 11111111
44
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Statutes, and any provisions of the Act with respect to such sale are inapplicable by operation of
law, then upon the delinquency of any Special Assessment the Issuer shall, to the extent
permitted by law, utilize any other method of enforcement as provided by Section 9.04 hereof,
including, without limitation, declaring the entire unpaid balance of such Special Assessment to
be in default and, at its own expense, cause such delinquent property to be foreclosed, pursuant
to the provisions of Section 170.10, Florida Statutes, in the same method now or hereafter
provided by law for the foreclosure of mortgages on real estate, or pursuant to the provisions of
Chapter 173, Florida Statutes, and Sections 190.026 and 170.10, Florida Statutes, or otherwise as
provided by law.
SECTION 9.06. Sale of Tax Certificates and Issuance of Tax Deeds; Foreclosure of
Special Assessment Liens. If the Special Assessments levied and collected under the uniform
method described in Section 9.04 are delinquent, then the applicable procedures for issuance and
sale of tax certificates and tax deeds for nonpayment shall be followed in accordance with
Chapter 197, Florida Statutes, and related statutes. Alternatively, if the uniform method of levy
and collection is not utilized, and if any property shall be offered for sale for the nonpayment of
any Special Assessment, and no person or persons shall purchase the same for an amount at least
equal to the full amount due on the Special Assessment (principal, interest, penalties and costs,
plus attorneys fees, if any), the property may then be purchased by the Issuer for an amount
equal to the balance due on the Special Assessment (principal, interest, penalties and costs, plus
attorneys fees, if any), and the Issuer shall thereupon receive in its corporate name the title to the
property for the benefit of the Registered Owners. The Issuer, either through its own actions or
actions caused to be done through the Trustee, shall have the power and shall use its best efforts
to lease or sell such property and deposit all of the net proceeds of any such lease or sale into the
related Series Account of the Revenue Fund. Not less than ten (10) days prior to the filing of any
foreclosure action or any sale of tax deed as herein provided, the Issuer shall cause written notice
thereof to be mailed to the Registered Owners of the Series of Bonds secured by such delinquent
Special Assessments. Not less than thirty (30) days prior to the proposed sale of any lot or tract
of land acquired by foreclosure by the Issuer, it shall give written notice thereof to such
Registered Owners. The Issuer, either through its own actions or actions caused to be done
through the Trustee, agrees that it shall be required to take the measure provided by law for sale
of property acquired by it as trustee for the Registered Owners within thirty (30) days after the
receipt of the request therefor signed by the Registered Owners of at least twenty-five percent
(25%) of the aggregate principal amount of all Outstanding Bonds of the Series payable from
Special Assessments assessed on such property.
SECTION 9.07. Books and Records with Respect to Special Assessments. In
addition to the books and records required to be kept by the Issuer pursuant to the provisions of
Section 9.17 hereof, the Issuer shall keep books and records for the collection of the Special
Assessments on the District Lands, which such books, records and accounts shall be kept
separate and apart from all other books, records and accounts of the Issuer. The District
Manager or the District Manager's designee, at the end of each Fiscal Year, shall prepare a
written report setting forth the collections received, the number and amount of delinquencies, the
proceedings taken to enforce collections and cure delinquencies and an estimate of time for the
conclusion of such legal proceedings. A signed copy of such audit shall be furnished to the
mia-fsII1566583v. 'l!c11 'II' WIJ5165545.01ll1IJII
45
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Trustee (solely as a repository of such information) as soon as practicable after such audit shall
become available and shall, upon written request, be mailed to any Registered Owner.
SECTION 9.08. Removal of Special Assessment Liens. Except as otherwise
provided in a Supplemental Indenture with respect to a related Series of Bonds, the following
procedures shall apply in connection with the removal of Special Assessment liens.
(a) At any time from the date of levy of Special Assessments on a parcel of
District Lands through the date that is thirty (30) days after the related Project has been
completed and the Board has adopted a resolution accepting such Project as provided by Section
170.09, Florida Statutes, as amended, any owner of property subject to the Special Assessments
may, at its option, require the Issuer to release and extinguish the lien upon its property by virtue
of the levy of the Special Assessments that relate to a Series of Bonds by paying to the Issuer the
entire amount of such Special Assessment on such property, without interest.
(b) At any time subsequent to thirty (30) days after the related Project has
been completed and the Board has adopted a resolution accepting such Project as provided by
Section 170.09, Florida Statutes, as amended, any owner of property subject to the Special
Assessments may, at its option, require the Issuer to release and extinguish the lien upon its
property by virtue of the levy of the Special Assessments by paying to the Issuer the entire
amount of the Special Assessment, plus accrued interest to the next succeeding Interest Payment
Date (or the second succeeding Interest Payment Date if such prepayment is made within forty
(45) calendar days before an Interest Payment Date), attributable to the property subject to
Special Assessment owned by such owner.
(c) Upon receipt of a prepayment as described in (a) or (b) above, the Issuer
shall immediately pay the amount so received to the Trustee, and the Issuer shall take such action
as is necessary to record in the official records of the County an affidavit or affidavits, as the
case may be, executed by ~n authorized officera ResDonsible Officer of the Issuer, to the effect
that the Special Assessment has been paid and that such Special Assessment lien is thereby
released and extinguished. Except as otherwise provided by a Supplemental Indenture, upon
receipt of any such moneys from the Issuer the Trustee shall immediately deposit the same into
the applicable Series Bond Redemption Fund to be applied to the redemption of Bonds in
accordance with Section 8.01(b)(i) or (ii) hereof, as the case may be.
SECTION 9.09. Deposit of Special Assessments. The Issuer covenants to cause
any Special Assessments collected or otherwise received by it to be deposited with the Trustee
within five (5) Business Days after receipt thereof for deposit into the Revenue Fund (except that
amounts received as prepayments of Special Assessments shall be designated by the Issuer as
such upon delivery to the Trustee and shall be deposited directly into the related Series Bond
Redemption Fund).
SECTION 9.10. Construction to be on Issuer Lands. Except for "c Ihi',) off site
I' '-C:+w. r. y improvements which are outside the District Lands and are required in order for the
District Lands to be developed, the Issuer covenants that no part of a Project will be constructed
on, over or under lands other than (i) lands good and marketable title to which is owned by the
mia-fs111566.183v UojI.I1 'lIiIl516.1545.01OIIHI
46
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Issuer or other appropriate entity in fee simple, (ii) lands on, over or under which the Issuer or
other appropriate entity shall have acquired perpetual easements for the purposes of the Project,
or (iii) lands, including public streets and highways, the right to the use and occupancy of which
for such purposes shall be vested in the Issuer or other appropriate entity by law or by valid
franchises, licenses, easements or rights of way or other legally effective permissions or
approval.
SECTION 9.11. Operation. Use and Maintenance of Proiect. The Issuer shall
establish and enforce reasonable rules and regulations governing the use of the Project owned by
the Issuer, and the operation thereof, such rules and regulations to be adopted in accordance with
the Act, and the Issuer shall operate, use and maintain the Project owned by the Issuer in
accordance with the Act and all other applicable federal and State laws, rules and regulations; the
Issuer shall maintain and operate the Project owned by the Issuer in an efficient and economical
manner, shall at all times maintain the same in good repair and in sound operating condition and
shall make all necessary repairs, renewals and replacements.
SECTION 9.12. Observance of and Compliance with Valid Requirements. The
Issuer shall pay all municipal or governmental charges lawfully levied or assessed upon the
Project or any part thereof or upon any revenues when the same shall become due, and the Issuer
shall duly observe and comply with all valid requirements of any municipal or governmental
authority relative to the Project. The Issuer shall not, except as otherwise permitted in Section
9.24 of this Article, create or suffer to be created any lien or charge upon the Project or upon
Pledged Revenues, except the lien and charge of the Bonds on the Pledged Revenues.
SECTION 9.13. Payment of Operating or Maintenance Costs by State or Others.
The Issuer may permit the United States of America, the State, or any of their agencies,
departments or political subdivisions to pay all or any part of the cost of maintaining, repairing
and operating the Project out of funds other than Pledged Revenues.
SECTION 9.14. Public Liability and Property Damage Insurance; Maintenance of
Insurance; Use of Insurance and Condemnation Proceeds.
(a) Except as otherwise provided in subsection (d) of this Section, the Issuer
will carry or cause to be carried, in respect of the Project, comprehensive general liability
insurance (covering bodily injury and property damage) issued by one or more insurance
companies authorized or eligible to do business under the laws of the State, in such amounts as is
customary for similar operations, or as is more specifically set forth hereinbelow.
(b) At all times, to the extent commercially available, the Issuer shall maintain
a practical insurance program, with reasonable terms, conditions, provisions and costs which the
District Manager determines will afford adequate protection against loss caused by damage to or
destruction of any component of the Project owned by the Issuer. LLimits for sucp coverage will
be subject to the Consulting Engineer's recommendations, which are to be provided in an annual
report as required by Section 9.21 hereof, establishing value.l The Issuer shall also, at all times,
maintain a practical comprehensive general liability insurance program with respect to the
Project for such coverage, with such reasonable terms, conditions, provisions and costs as the
mia-fsl\I566583v. 'l!c1\ I1!i11J5\65545.1I1Il1I~)
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District Manager determines will afford adequate protection against bodily injury and property
damage.
All insurance policies of the Issuer relating to the Project shall be carried with companies
authorized or eligible to do business in the State, with a Best rating of no less than "A" as to
management and Class "V" as to financial strength; provided, however, that if, in the opinion of
the District Manager, adequate insurance protection under reasonable terms, conditions,
provisions and cost cannot be purchased from an insurance company with the above-designated
ratings, then the District Manager, on behalf of the Issuer, may secure such insurance protection
as the Issuer determines to be in its best interests and otherwise consistent with the Indenture;
provided further, however, that the Issuer may act as a self-insurer in accordance with the
requirements of subsection (d) hereof. All policies providing the insurance coverages required
by this Section shall designate the Issuer as the loss-payee and shall be made payable to the
Issuer.
(c) All proceeds received from property damage or destruction insurance and
all proceeds received from the condemnation of a Project or any part thereof are hereby pledged
by the Issuer as security for the related Series of Bonds and shall be deposited at the option of the
Issuer, but subject to the limitatioI)s hereinafter described, either (i) into a separate fund to be
established by the Trustee for such purpose, and used to remedy the loss, damage or taking for
which such proceeds are received, either by repairing the damaged property or replacing the
destroyed or taken property, as soon as practicable after the receipt of such proceeds, or (ii) into
the related Series Bond Redemption Fund for the purpose of purchasing or redeeming Bonds
according to the provisions set forth in Article vrn hereof. The Issuer shall not be entitled to
deposit insurance proceeds or condemnation awards into the separate fund described above in
clause (i) of this paragraph (and such proceeds and awards shall be deposited directly into the
related Series Bond Redemption Fund pursuant to clause (ii) of this paragraph) unless there shall
have been filed with the Issuer within a reasonable time after the dampge, destruction or
condemnation (A) a certificate from the Consulting Engineer that the proceeds of the insurance
or condemnation awards deposited into such separate fund, together with other funds available
for such purposes, will be sufficient to repair, rebuild, replace or restore such property to
substantially the same condition as it was in prior to its damage, destruction or condemnation
(taking into consideration any changes, alterations and modifications that the Issuer may desire),
(B) an opinion from the Consulting Engineer that the Project can be repaired, rebuilt, replaced or
restored within two (2) years following the damage, destruction or condemnation thereof and
(C) an opinion of the Consulting Engineer that, in each of the three (3) Fiscal Years following
completion of such repair, rebuilding, replacement or restoration, the Issuer will be in
compliance with its obligations hereunder. If the certificate described in clause (A) of this
paragraph is not rendered because such proceeds or awards are insufficient for such purposes, the
Issuer may deposit any other legally available funds in such separate fund in an amount required
to enable the Consulting Engineer to render its certificate. If the insurance proceeds or
condemnation awards deposited in such separate fund are more than sufficient to repair the
damaged property or to replace the destroyed or taken property, the balance thereof remaining
shall be deposited to the credit of the related Series Account in the Revenue Fund.
mia-f'\1115665~Jv '!;II :lfJi!05165545JJIOIOO
48
1 b 11
(d) The Issuer shall be entitled to provide all or a portion of the insurance
coverage required by subsections (a) and (b) of this Section through Qualified Self Insurance,
provided that the requirements hereinafter set forth in this subsection (d) are satisfied.
"Qualified Self Insurance" means insurance maintained through a program of self insurance or
insurance maintained with a company or association in which the Issuer has a material interest or
of which the Issuer has control, either singly or with others.
Prior to participation in any plan of Qualified Self Insurance not currently in effect, the
Issuer shall deliver to the Trustee (i) a copy of the proposed plan, and (ii) from the District
Manager, an evaluation of the proposed plan together with an opinion to the effect that (A) the
proposed Qualified Self Insurance plan will provide the coverage required by subsections (a) and
(b) of this Section and (B) the proposed Qualified Self Insurance plan provides for the creation of
actuarially sound reserves.
Each plan of Qualified Self Insurance shall be in written form, shall provide that upon the
termination of such plan reserves will be established or insurance acquired in amounts adequate
to cover any potential retained liability in respect of the period of self insurance, and shall be
reviewed annually by the District Manager or registered actuary who shall deliver to the Issuer a
report on the adequacy of the reserves established thereunder in light of claims made. If the
District Manager or registered actuary determines that such reserves are inadequate in light of the
claims made, he shall make recommendations as to the amount of reserves that should be
established and maintained, and the Issuer shall comply with such recommendations unless it can
establish to the satisfaction of the Trustee that such recommendations are unreasonable in light of
the nature of the claims or the history of recovery against the Issuer for similar claims. A copy
of each Qualified Self Insurance plan and of each annual report thereon shall be delivered to the
Trustee.
(e) Copies of all recommendations and approvals made by the Consulting
Engineer under the provisions of this Section shall be filed with the District Manager and the
Trustee.
Within the first six (6) months of each Fiscal Year the District Manager shall file with the
Trustee a complete report of the status of the insurance coverages relating to all Projects, such
report to include, without being limited thereto, a schedule of all insurance policies required by
the Indenture which are then in effect, stating with respect to each policy the name of the insurer,
the amount, number and expiration date, and the hazards and the risks covered thereby. The
Trustee shall hold such report solely as a repository for the holders of the Bonds, and shall have
no duty to require the filing of such report or to determine compliance by the Issuer with the
requirements of this section.
SECTION 9.15. Collection of Insurance Proceeds. Copies of all insurance policies
referred to in Section 9.14 of this Article shall be available at the offices of the Issuer at all
reasonable times to the inspection of the Holders of $1,000,000 or more in aggregate principal
amount of the related Series of Bonds and their agents and representatives duly authorized in
writing. The Issuer covenants that it will take such action as may be necessary to demand,
collect and sue for any insurance money which may become due and payable under any policy of
mia-fs1lJ566581v 'l!c1\ ;I11l1115\6.1.145.0HlIW 49
<;, I
insurance required under the Indenture, whether such policy is payable to the Issuer or to the
Trustee. The Trustee is hereby authorized in its own name to demand, collect, sue and receive
any insurance money which may become due and payable under any policies payable to it.
Any appraisal or adjustment of any loss or damage under any policy of insurance
required under the Indenture, whether such policy is payable to the Issuer or to the Trustee, and
any settlement or payment of indemnity under any such policy which may be agreed upon by the
Issuer and any insurer shall be evidenced by a certificate, signed by the District Manager,
approved by the Consulting Engineer and filed with the Trustee. The Trustee shall in no way be
liable or responsible for the collection of insurance moneys in case of any loss or damage.
SECTION 9.16. Use of Revenues for Authorized Purposes Only. None of the
Pledged Revenues shall be used for any purpose other than as provided in the Indenture and no
contract or contracts shall be entered into or any action taken by the Issuer or the Trustee which
will be inconsistent with the provisions of the Indenture.
SECTION 9.17. Books. Records and Annual Reports. The Issuer shall keep proper
books of record and account in accordance with Generally Accepted Accounting Principles
(separate from all other records and accounts) in which complete and correct entries shall be
made of its transactions relating to the Project, and which, together with all other books and
records of the Issuer, including. without limitation, insurance policies relating to the Project.
shall at all times be subject during regular business hours to the inspection of the Trustee.
The Issuer shall annually, within 180 days after the close of each Fiscal Year, file with
the Trustee, any rating agency that shall have then in effect a rating on any of the Bonds, any
Bondholder that shall have, in writing, requested a copy thereof, and otherwise as provided by
law, a copy of an annual report for such year, prepared in accordance with Generally Accepted
Accounting Principles by a Certified Public Accountant, relating to its operations and including,
without limitation, statements in reasonable detail of financial condition as of the end of such
Fiscal Year and income and expenses for such Fiscal Year relating to the Project, and a
summary, with respect to each Fund and Account established under the Indenture, of the receipts
therein and disbursements therefrom during such Fiscal Year, and the amounts held therein at the
end of such Fiscal Year.
The Issuer shall file with the Trustee annually within 180 days after the close of each
Fiscal Year a certificate of a Responsible Officer setting forth (i) a description in reasonable
detail of the insurance then in effect pursuant to the requirements of Section 9.14 hereof and that
the Issuer has complied in all respects with such requirements, (ii) whether during such year any
material part of the Project has been damaged or destroyed and, if so, the amount of insurance
proceeds covering such loss or damage and specifying the Issuer's reasonable and necessary
replacement costs, and (iii) whether or not to the knowledge of the signatory, the Issuer is in
default with respect to any of the covenants, agreements or conditions on its part contained in the
Indenture and, if so, the nature of such default.
mia-fsIIIS665~ly U~\]J lj/IlS\n5545.lilllllill
50
10 Ii
The report, statements and other documents required to be furnished by the Issuer to the
Trustee pursuant to any provisions of the Indenture shall be available for the inspection of
Bondholders at the office of the Trustee.
SECTION 9.18. Observance of Accounting Standards. The Issuer covenants that
all the accounts and records of the Issuer relating to the Project will be kept according to
Generally Accepted Accounting Principles consistently applied and consistent with the
provisions of the Master Indenture.
SECTION 9.19. Employment of Certified Public Accountant. The Issuer shall
employ or cause to be employed as required a Certified Public Accountant to perform accounting
aM auditing functions and duties required by the Act and the Master Indenture.
SECTION 9.20. Establishment of Fiscal Year. Annual Budget. The Issuer Florida
law has established a Fiscal Year beginning October 1 of each year and ending September 30 of
the following year. The reports and budget of the Issuer shall relate to such Fiscal Year unless
and until, in accordance with applicable law, a different Fiscal Year is established by Certified
Resolution of the Issuer and 3 copy of such Certified Resolution is filed \vith the Trustee.
On or before the first day of each Fiscal Year the Issuer shall adopt a final Annual Budget
with respect to the Project for such Fiscal Year for the payment of anticipated operating and
maintenance expenses and shall supply a copy of such budget promptly upon the approval
thereof to the Trustee and to any Bondholders who shall have so requested in writing and shall
have filed their names and addresses with the Secretary of the Board for such purpose. If for any
reason the Issuer shall not have adopted the Annual Budget with respect to the Project on or
before the first day of any Fiscal Year, the Annual Budget for the preceding Fiscal Year shall,
until the adoption of the new Annual Budget, be deemed in force for the ensuing Fiscal Year.
The Issuer may at any time adopt an amended or supplemental Annual Budget for the remainder
of the current Fiscal Year, and when such amended or supplemental Annual Budget is approved
it shall be treated as the official Annual Budget under the Master Indenture. Copies of such
amended or supplemental Annual Budget shall be filed with the Trustee and mailed by the Issuer
to any Bondholders who shall have so requested in writing and shall have filed their names and
addresses with the Secretary of the Board for such purpose.
SECTION 9.21.
Report.
Employment of Consulting Engineer; Consulting En,;dneer's
(a) The Issuer shall, for the purpose of performing and carrying out the duties
imposed on the Consulting Engineer by the Master Indenture, employ one or more Independent
engineers or engineering firms or corporations having ac;h+h='w-i+f€.--,tt+d favorable repute for skill
and experience in such work.
(b) The Issuer shall cause the Consulting Engineer to make an inspection of
the portions of the Project owned by the Issuer at least once in each Fiscal Year and, on or before
the first day of July in each Fiscal Year, to submit to the Board a report setting forth (i) its
mia.fsII156fi.~83v l!c11::Y' WIl5\65545.1l1011l0
51
findings as to whether such portions of the Project owned by the Issuer have been maintained in
good repair, working order and condition, and (ii) its recommendations as to:
( 1) the proper maintenance, repair and operation of the Project owned by the
Issuer during the ensuing Fiscal Year and an estimate of the amount of money necessary
for such purposes; and
(2) the insurance to be carried under the provisions of Section 9.14 hereof and
the amount that should be set aside montWy for the purpose of paying insurance
premiums which fall due less often than monthly.
Promptly after the receipt of such reports by the Issuer, copies thereof shall be filed with
the Trustee and mailed by the Issuer to all Bondholders who shall have filed their names and
addresses with the Secretary of the Board for such purpose.
SECTION 9.22. Audit Reports. The Issuer covenants that, no later than 180 days
after the end of each Fiscal Year, it will cause an audit to be made by a Certified Public
Accountant covering all receipts and moneys then on deposit with or in the name of the Trustee
or the Issuer and any security held therefor and any investments thereof. Copies of such audit
reports shall be filed with the Trustee, the District Manager and the Secretary of the Board, and
mailed by said Secretary to the Consulting Engineer and to all Bondholders who shall have filed
their names and addresses with him for such purpose. If the material required to be in such audit
also appears in the annual report of the Issuer provided for in Section 9.17 hereof in a manner
that can be readily identified, then the filing of a copy of such annual audit shall satisfy the
requirement of this Section.
SECTION 9.23. Information to Be Filed with Trustee. The Issuer shall cause to be
kept on file with the Trustee at all times copies of the schedules of Special Assessments levied
on all District Lands in respect of the Project. The Issuer shall keep accurate records and books
of account with respect to the Project, and shall have a complete audit of such records and
accounts made annually by a Certified Public Accountant, as provided in Section 9.22 hereof. A
signed copy of said audit shall be furnished to the Trustee as soon as practicable after such audit
shall become available.
SECTION 9.24. Covenant Against Sale or Encumbrance; Exceptions. Subject to
Section 9.28 hereof, the Issuer covenants that, (a) except for those improvements comprising the
Project that are to be conveyed or dedicated by the Issuer to the County, the State Department of
Transportation or another governmental entity and (b) except as in this Section permitted, it will
not sell, lease or otherwise dispose of or encumber the Project, or any part thereof. The Issuer
may, however, from time to time, sell any machinery, fixtures, apparatus, tools, instruments or
other movable property acquired by it from the proceeds of a Series of Bonds or from Pledged
Revenues if the District Manager shall determine, with the approval of the Consulting Engineer,
that such items are no longer needed or are no longer useful in connection with the construction,
maintenance and operation of the Project, and the proceeds thereof shall be applied to the
replacement of the properties so sold or disposed of or, at the written direction of the Issuer shall
be deposited to the credit of the related Series Account in the Revenue Fund.
mia-fsll156M81v 'l!c1\ 'I1l!f1J5\65545.1I11J11J1l
52
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16/1
Upon any sale of property relating to the Project, the aggregate of which in any thirty
(30) day period exceeds Fifty Thousand Dollars ($50,000) under the provisions of this Section,
the Issuer shall provide written notice to the Trustee of the property so sold and the amount and
disposition of the proceeds thereof.
The Issuer may lease or grant easements. franchises or concessions for the use of any part
of the Project not incompatible with the maintenance and operation thereof, if the Consulting
Engineer shall approve such lease. easement. franchise or concession in writing, and the net
proceeds of any such lease, easement, franchise or concession (after the making of provision for
payment from said proceeds of all costs incurred in financing, constructing, operating,
maintaining or repairing such leases, easements, franchises or concessions) shall be deposited as
received to the credit of related Series Account in the Revenue Fund.
SECTION 9.25. Fidelity Bonds. Every officer, agent or employee of the Issuer
having custody or control of any of the Pledged Revenues shall be bonded by a responsible
corporate surety in an amount not less than the greatest amount reasonably anticipated to be
within the custody or control of such officer, agent or employee at one time. The premiums on
such surety bonds shall be paid by the Issuer as an expense of operation and maintenance of the
Project.
SECTION 9.26. No Loss of Lien on Pledged Revenues. The Issuer shall not do or
omit to do. or suffer to be done or omit to be done, any matter or thing whatsoever whereby the
lien of the Bonds on the Pledged Revenues or any part thereof. or the priority thereof, would be
lost or impaired; provided, however, that this Section shall not prohibit the Trustee from
transferring moneys to the Rebate Fund held by the Trustee under any arbitrage rebate
agreement.
SECTION 9.27. Compliance With Other Contracts and Agreements. The Issuer
shall comply with and abide by all of the terms and conditions of any and all contracts and
agreements which the Issuer enters into in connection with the Project and the issuance of the
Bonds.
SECTION 9.28. Issuance of Additional Obligations. The Issuer shall not issue any
obligations other than the Bonds payable from Pledged Revenues, nor voluntarily create or cause
to be created any debt, lien, pledge, assignment, encumbrance or other charge, payable from
Pledged Revenues, except in the ordinary course of business.
SECTION 9.29. Extension of Time for Payment of Interest Prohibited. The Issuer
shall not directly or indirectly extend or assent to an extension of time for payment of any claim
for interest on any of the Bonds and shall not directly or indirectly be a party to or approve any
arrangement therefor by purchasing or funding or in any manner keeping alive any such claim
for interest; no claim for interest which in any way, at or after maturity, shall have been
transferred or pledged apart from the Bonds to which it relates or which shall in any manner have
been kept alive after maturity by extension or by purchase thereof by or on behalf of the Issuer,
shall be entitled, in case of a default hereunder, to any benefit or security under the Indenture
mia.rsl\L%6.~83v' 'i!'!\'I1 11'11:;\65:;45.11101110
53
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except after the prior payment in full of the principal of all Bonds and claims for interest
appertaining thereto not so transferred, pledged, kept alive or extended.
SECTION 9.30. Further Assurances. The Issuer shall not enter into any contract or
take any action by which the rights of the Trustee or the Bondholders may be impaired and shall,
from time to time, execute and deliver such further instruments and take such further action as
may be required to carry out the purposes of the Indenture.
SECTION 9.31. Use of Bond Proceeds to Comply with Internal Revenue Code.
The Issuer covenants to the Holders of the Bonds that it will not make or direct the making of
any investment or other use of the proceeds of any Bonds issued hereunder which would cause
such Bonds to be "arbitrage bonds" as that term is defined in Section 148 (or any successor
provision thereto) of the Code and or "private activity bonds" as that term is defined in Section
141 (or any successor provision thereto) of the Code, and that it will comply with the
requirements of such Code section and related regulations throughout the term of such Bonds.
The Issuer hereby further covenants and agrees to comply with the procedures and covenants
contained in any arbitrage rebate agreement executed in connection with the issuance of each
Series of Bonds for so long as compliance is necessary in order to maintain the exclusion from
gross income for federal income tax purposes of interest on each Series of Bonds.
SECTION 9.32. Corporate Existence and Maintenance of Properties. For so long
as any Bonds are Outstanding hereunder, unless otherwise provided by the Act, the Issuer shall
maintain its corporate existence as a local unit of special purpose government under the Act and
shall provide for or otherwise require the Project, and all parts thereof owned by the Issuer, to be
(a) continuously operated, repaired, improved and maintained as shall be necessary to provide
adequate service to the lands benefitted thereby; and (b) in compliance with all valid and
applicable laws, acts, rules, regulations, permits, orders, requirements and directions of any
competent public authority.
SECTION 9.33. Continuing Disclosure. The Issuer hereby covenants and agrees
that it will comply with and carry out all of the provisions of the Continuing Disclosure
Agreement. Notwithstanding any other provision of the Indenture, failure of the Issuer or the
Developer (if obligated pursuant to the Continuing Disclosure Agreement) to comply with the
Continuing Disclosure Agreement shall not be considered an Event of Default; however, the
Trustee may (and, at the request of any participating underwriter or the Holders of at least 25%
aggregate principal amount in Outstanding Bonds of a Series and receipt of indemnity to its
satisfaction, shall) or any Holder of the Bonds or Beneficial Owner may take such actions as may
be necessary and appropriate, including seeking specific performance by court order, to cause the
Issuer to comply with its obligations under this Section 9.33. For purposes of this Section,
"Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or
consent with respect to, or to dispose of ownership of, any Bonds (including persons holding
Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of
any Bonds for federal income tax purposes.
[END OF ARTICLE IX]
mia-fslI15665S}v 'l!c1I'I1 ,l!fO.l16.1.145.1I1Il1[)1I
54
16/1
ARTICLE X
EVENTS OF DEFAULT AND REMEDIES
SECTION 10.01. Events of Default and Remedies. Except to the extent otherwise
provided in the Supplemental Indenture authorizing a Series of Bonds, events of default and
remedies with respect to each Series of Bonds shall be as set forth in this Master Indenture.
SECTION 10.02. Events of Default Defined. Each of the following shall be an
"Event of Default" under this Master Indenture, with respect to a Series of Bonds:
(a) if payment of any installment of interest on any Bond of such Series is not
made when it becomes due and payable; or
(b) if payment of the principal or Redemption Price of any Bond of such
Series is not made when it becomes due and payable at maturity or upon call or presentation for
redemption; or
(c) if the Issuer, for any reason, IS rendered incapable of fulfilling its
obligations under the Indenture or under the Act; or
(d) if the Issuer proposes or makes an assignment for the benefit of creditors
or enters into a composition agreement with all or a material part of its creditors, or a trustee,
receiver, executor, conservator, liquidator, sequestrator or other judicial representative, similar or
dissimilar, is appointed for the Issuer or any of its assets or revenues, or there is commenced any
proceeding in liquidation, bankruptcy, reorganization, arrangement of debts, debtor
rehabilitation, creditor adjustment or insolvency, local, state or federal, by or against the Issuer
and if such is not vacated, dismissed or stayed on appeal within ninety (90) days; or
(e) if the Issuer defaults in the due and punctual performance of any other
covenant in the Indenture or in any Bond of such Series issued pursuant to the Indenture and
such default continues for sixty (60) days after written notice requiring the same to be remedied
shall have been given to the Issuer by the Trustee, which may give such notice in its discretion
and shall give such notice at the written request of the Holders of not less than a majority in
aggregate principal amount of the Outstanding Bonds of such Series; provided, however, that if
such performance requires work to be done, actions to be taken or conditions to be remedied,
which by their nature cannot reasonably be done, taken or remedied, as the case may be, within
such sixty (60) day period, no Event of Default shall be deemed to have occurred or exist if and
so long as the Issuer shall commence such performance within such sixty (60) day period and
shall diligently and continuously prosecute the same to completion; or
(f) written notice shall have been received by the Trustee from a Credit
Facility Issuer securing Bonds of such Series that an event of default has occurred under the
Credit Facility Agreement, or there shall have been a failure by said Credit Facility Issuer to
make said Credit Facility available or to reinstate the interest component of said Credit Facility
mia-f,1I1566581v 'l!;jI'Y 'l!III516554S.IHIlIOO
55
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in accordance with the terms of said Credit Facility, to the extent said notice or failure IS
established as an event of default under the terms of a Supplemental Indenture.
SECTION 10.03. No Acceleration. No Series of Bonds issued under this Master
Indenture shall be subject to acceleration.
SECTION 10.04.
Legal Proceedings bv Trustee.
If any Event of Default with respect to a Series of Bonds has occurred and is continuing,
the Trustee, in its discretion may, and upon the written request of the Holders of not less than a
majority of the aggregate principal amount of the Outstanding Bonds of such Series and receipt
of indemnity to its satisfaction shall, in its own name:
(a) by mandamus, or other suit, action or proceeding at law or in equity,
enforce all rights of the Holders of the Bonds of such Series, including, without limitation, the
right to require the Issuer to carry out any agreements with, or for the benefit of, the Bondholders
of the Bonds of such Series and to perform its or their duties under the Act;
(b) bring suit upon the Series of Bonds;
(c) by action or suit in equity require the Issuer to account as if it were the
trustee of an express trust for the Holders of the Bonds of such Series;
(d) by action or suit in equity enjoin any acts or things which may be unlawful
or in violation of the rights of the Holders of the Bonds of such Series; and
(e) by other proceeding in law or equity, exercise all rights and remedies
provided for by any other document or instrument securing such Series of Bonds.
SECTION 10.05. Discontinuance of Proceedings by Trustee. If any proceeding
taken by the Trustee on account of any Event of Default is discontinued or is determined
adversely to the Trustee, the Issuer, the Trustee, the Paying Agent and the Bondholders shall be
restored to their former positions and rights hereunder as though no such proceeding had been
taken.
SECTION 10.06. Bondholders May Direct Proceedings. The Holders of a majority
in aggregate principal amount of the Outstanding Bonds of a Series then subject to remedial
proceedings under this Article X shall have the right to direct the method and place of
conducting all remedial proceedings by the Trustee under this Master Indenture, provided that
such directions shall not be otherwise than in accordance with law or the provisions of this
Master Indenture.
SECTION 10.07. Limitations on Actions bv Bondholders. No Bondholder shall
have any right to pursue any remedy hereunder unless (a) the Trustee shall have been given
written notice of an Event of Default, (b) the Holders of at least a majority of the aggregate
principal amount of the Outstanding Bonds of the applicable Series shall have requested the
Trustee, in writing, to exercise the powers hereinabove granted or to pursue such remedy in its or
mia-fsII1566583vl!c1I'I1 'iV05165545.1l11l101l 56
16/1
their name or names, (c) the Trustee shall have been offered indemnity satisfactory to it against
costs, expenses and liabilities, and (d) the Trustee shall have failed to comply with such request
within a reasonable time.
SECTION 10.08. Trustee Mav Enforce Rights Without Possession of Bonds. All
rights under this Master Indenture and a Series of Bonds may be enforced by the Trustee without
the possession of any of the Bonds of such Series or the production thereof at the trial or other
proceedings relative thereto, and any proceeding instituted by the Trustee shall be brought in its
name for the ratable benefit of the Holders of the Bonds of such Series.
SECTION 10.09. Remedies Not Exclusive. Except as limited under Section 15.01 of
this Master Indenture, no remedy contained in this Master Indenture is intended to be exclusive
of any other remedy or remedies, and each remedy is in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute.
SECTION 10.10. Delays and Omissions Not to Impair Rights. No delay or omission
in respect of exercising any right or power accruing upon any Event of Default shall impair such
right or power or be a waiver of such Event of Default, and every remedy given by this Article X
may be exercised from time to time and as often as may be deemed expedient.
SECTION 10.11. Application of Moneys in Event of Default. Any moneys received
by the Trustee or the Paying Agent, as the case may be, in connection with any proceedings
brought under this Article X with respect to a Series of Bonds shall be applied in the following
priority:
(a) to the payment of the costs of the Trustee and Paying Agent incurred in
connection with actions taken under this Article X with respect to such Series of Bonds,
including counsel fees and any disbursements of the Trustee and the Paying Agent and payment
of unpaid fees owed to the Trustee.
(b) unless the principal of all the Bonds of such Series shall have become or
shall have been declared due and payable:
FIRST: to payment of all installments of interest then due on the Bonds of such
Series in the order of maturity of such installments of interest, and, if the amount
available shall not be sufficient to pay in full any particular installment, then to the
payment ratably, according to the amounts due on such installment, to the persons
entitled thereto, without any preference or priority of one installment of interest over any
other installment; and
SECOND: to payment to the persons entitled thereto of the unpaid principal or
Redemption Price of any of the Bonds of such Series which shall have become due in the
order of their due dates, with interest on such Bonds from the respective dates upon
which they become due and, if the amount available shall not be sufficient to pay in full
the principal or Redemption Price coming due on such Bonds on any particular date,
together with such interest, then to the payment ratably, according to the amount of
mia-fslll.%6581v' 'l!c1IJII 'lI'n516.~545.nlnIlW'
57
principal due on such date, to the persons entitled thereto without any preference or
priority of one such Bond of a Series over another or of any installment of interest over
another.
(c) If the principal of all Bonds of a Series shall have become or shall have
been declared due and payable, to the payment of principal or Redemption Price (as the case may
be) and interest then owing on the Bonds of such Series and in case such moneys shall be
insufficient to pay the same in full, then to the payment of principal or Redemption Price and
interest ratably, without preference or priority of one Bond of such Series over another or of any
installment of interest over any other installment of interest.
Any surplus remaining after the payments described above shall be paid to the Issuer or
to the Person lawfully entitled to receive the same or as a court of competent jurisdiction may
direct.
For purposes of the application of moneys described above, to the extent payments of
principal of and interest on a Series of Bonds shall have been made under a Credit Facility
relating thereto, the Credit Facility Issuer shall be entitled to moneys in the related Series
Accounts in the Debt Service Fund in accordance with the agreement pursuant to which such
Credit Facility has been issued (but subject to subsection (a) hereof and Section 11.04 hereof)
and the Certified Resolution of the Issuer authorizing the issuance of such Bonds to which such
Credit Facility relates.
SECTION 10.12. Trustee's Right to Receiver; Compliance with Act. The Trustee
shall be entitled as of right to the appointment of a receiver and the Trustee, the Bondholders and
any receiver so appointed shall have such rights and powers and be subject to such limitations
and restrictions as are contained in the Act and other applicable law of the State.
SECTION 10.13. Trustee and Bondholders Entitled to all Remedies under Act. It is
the purpose of this Article to provide such remedies to the Trustee and Bondholders as may be
lawfully granted under the provisions of the Act and other applicable laws of the State; if any
remedy herein granted shall be held unlawful, the Trustee and the Bondholders shall nevertheless
be entitled to every other remedy provided by the Act and other applicable laws of the State. It is
further intended that, insofar as lawfully possible, the provisions of this Article X shall apply to,
and be binding upon, any receiver appointed in accordance with Section 10.12 hereof.
SECTION 10.14. Credit Facility Issuer's Rights Upon Events of Default. Anything
in this Master Indenture to the contrary notwithstanding, if any Event of Default has occurred
and is continuing while a Credit Facility securing all or a portion of such Bonds of a Series
Outstanding is in effect, the Credit Facility Issuer shall have the right, in lieu of the Owners of
the Series of Bonds (or portion thereof) secured by said Credit Facility, by an instrument in
writing, executed and delivered to the Trustee, to direct the time, method and place of conducting
all remedial proceedings available to the Trustee under this Master Indenture or exercising any
trust or power conferred on the Trustee by this Master Indenture. Said direction shall be
controlling to the extent the direction of Owners of the Series of Bonds (or portion thereof)
secured by said Credit Facility would have been controlling under this Article. If the Credit
mia-fslllS665RlvMI ]rWIl516554.~.[)1Il1ll11
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Facility Issuer shall be in default in the performance of its obligations under the Credit Facility,
said Credit Facility Issuer shall have no rights under this Section.
[END OF ARTICLE Xl
rnia.fsIl1.~6/i583v . 1M' :I1 W051~5545.01ll)(X)
59
ARTICLE XI
THE TRUSTEE; THE PAYING AGENT AND REGISTRAR
SECTION 11.01. Acceptance of Trust. The Trustee accepts and agrees to execute
the trusts hereby created, but only upon the additional terms set forth in this Article XI, to all of
which the parties hereto, the Bondholders and any Credit Facility Issuer agree. The Trustee shall
act as Trustee for the Bonds. Subject to the provisions of Section 11.03 hereof, the Trustee shall
have only such duties as are expressly set forth herein, and no duties shall be implied on the part
of the Trustee.
SECTION 11.02. No Responsibility for Recitals. The recitals, statements and
representations in this Master Indenture or in the Bonds, save only the Trustee's Certificate, if
any, upon the Bonds, have been made by the Issuer and not by the Trustee and the Trustee shall
be under no responsibility for the correctness thereof.
SECTION 11.03. Trustee May Act Through Agents; Answerable Only for Willful
Misconduct or Negligence. The Trustee may execute any powers hereunder and perform any
duties required of it through attorneys, agents, officers or employees, and shall be entitled to
advice of Counsel concerning all questions hereunder; the Trustee shall not be answerable for the
default or misconduct of any attorney or agent selected and supervised by it with reasonable care.
The Trustee shall not be answerable for the exercise of any discretion or power under the Master
Indenture nor for anything whatever in connection with the trust hereunder, except only its own
negligence or willful misconduct or breach of its obligations hereunder.
SECTION 11.04. Compensation and Indemnity. The Issuer shall pay the Trustee
reasonable compensation for its services hereunder, and also all its reasonable expenses and
disbursements, and shall indemnify and hold the Trustee harmless against any liabilities which it
may incur in the proper exercise and performance of its powers and duties hereunder, except
with respect to its own willful misconduct, negligence or breach of its obligations hereunder. If
the Issuer defaults in respect of the foregoing obligations, the Trustee may deduct the amount
owing to it from any moneys coming into its hands under the Indenture but exclusive of the
Rebate Fund and moneys from a drawing on any Credit Facility, which right of payment shall be
prior to the right of the holders of the Bonds. This provision shall survive the termination of the
Master Indenture and, as to any Trustee, its removal or resignation as Trustee.
SECTION 11.05. No Duty to Renew Insurance. The Trustee shall be under no duty
to effect or to renew any insurance policy nor shall it incur any liability for the failure of the
Issuer to require or effect or renew insurance or to report or file claims of loss thereunder.
SECTION 11.06. Notice of Default; Right to Investigate. The Trustee shall give
written notice by first-class mail to registered Holders of a Series of Bonds of all defaults known
to the Trustee, unless such defaults have been remedied (the term "defaults" for purposes of this
Section and Section 11.07 being defined to include the events specified as "Events of Default" in
Article X hereof, but not including any notice or periods of grace provided for therein); provided
that, except in the case of a default in payment of principal or interest or Redemption Price, the
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Trustee may withhold such notice so long as it in good faith determines that such withholding is
in the interest of the Bondholders. The Trustee shall not be deemed to have notice of any default
other than a payment default under the Indenture or a notification by a Credit Facility Issuer of a
default under its Credit Facility, unless notified in writing of such default by the Holders of at
least a majority of the aggregate principal amount of the Outstanding Bonds of a Series. The
Trustee may, however, at any time require of the Issuer full information as to the performance of
any covenant hereunder, and if information satisfactory to it is not forthcoming, the Trustee may
make or cause to be made, at the expense of the Issuer, an investigation into the affairs of the
Issuer.
SECTION 11.07. Obligation to Act on Defaults. The Trustee shall be under no
obligation to take any action in respect of any default or otherwise unless it is requested in
writing to do so by the Holders of at least a majority of the aggregate principal amount of the
Outstanding Bonds which are or would be, upon the taking of such action, subject to remedial
proceedings under Article X of this Master Indenture if in its opinion such action may tend to
involve expense or liability, and unless it is also furnished with indemnity satisfactory to it.
SECTION 11.08. Reliance by Trustee. The Trustee may act on any requisition,
resolution, notice, telegram, facsimile transmission, request, consent, waiver, certificate,
statement, affidavit, voucher, bond, or other paper or document which it in good faith believes to
be genuine and to have been passed, signed or given by the persons purporting to be authorized
(which in the case of the Issuer shall be a Responsible Officer) or to have been prepared and
furnished pursuant to any of the provisions of the Indenture; the Trustee shall be under no duty to
make any investigation as to any statement contained in any such instrument, but may accept the
same as conclusive evidence of the accuracy of such statement.
SECTION 11.09. Trustee May Deal in Bonds. The Trustee may in good faith buy,
sell, own, hold and deal in any of the Bonds and may join in any action which any Bondholders
may be entitled to take with like effect as if the Trustee were not a party to the Indenture. The
Trustee may also engage in or be interested in any financial or other transaction with the Issuer;
provided, however, that if the Trustee determines that any such relation is in conflict with its
duties under the Indenture, it shall eliminate the conflict or resign as Trustee.
SECTION 11.10. Construction of Ambiguous Provisions. The Trustee may construe
any ambiguous or inconsistent provisions of the Indenture and, except as otherwise provided in
Article XIII of this Master Indenture, any construction by the Trustee shall be binding upon the
Bondholders. The Trustee shall give prompt notice to the Issuer of any intention to make such
construction.
SECTION 11.11. Resignation of Trustee. The Trustee may resign and be discharged
of the trusts created by the Indenture by written resignation filed with the Secretary of the Issuer
not less than sixty (60) days before the date when such resignation is to take effect; provided,
however, that (i) if any Outstanding Bonds are not registered Bonds, notice of such resignation is
published at least once a week for three (3) consecutive calendar weeks in at least one
Authorized Newspaper and at least once in The Bond Buyer, or its successor, if any, the first
publication to appear not less than three (3) weeks prior to the date when the resignation is to
mia-fsII1566583v.. 1141 'I1l!f05\65545.01l1ll~) 61
"
,.
,
take effect; and that (ii) if any Outstanding Bonds are registered Bonds, notice of such
resignation shall be sent by first-class mail to each Bondholder as its name and address appears
on the Bond Register and to any Paying Agent, Registrar, Authenticating Agent and Credit
Facility Issuer, if any, at least sixty (60) days before the resignation is to take effect. Such
resignation shall take effect on the day specified in the Trustee's notice of resignation unless a
successor Trustee is previously appointed, in which event the resignation shall take effect
immediately on the appointment of such successor; provided, however, that notwithstanding the
foregoing, such resignation shall not take effect until a successor Trustee has been appointed. If
a successor Trustee has not been appointed within ninety (90) days after the Trustee has given its
notice of resignation, the Trustee may petition any court of competent jurisdiction for the
appointment of a temporary successor Trustee to serve as Trustee until a successor Trustee has
been duly appointed. Notice of such resignation shall also be given to any rating agency that
shall then have in effect a rating on any of the Bonds. .
SECTION 11.12. Removal of Trustee. The Trustee may be removed at any time by
either (a) the Issuer, if no default exists under the Indenture, or (b) an instrument or concurrent
instruments in writing, executed by the Owners of at least a majority of the aggregate principal
amount of the Bonds then Outstanding and filed with the Issuer. A photographic copy of any
instrument or instruments filed with the Issuer under the provisions of this paragraph, duly
certified by a Responsible Officer, shall be delivered promptly by the Issuer to the Trustee and to
any Paying Agent, Registrar, Authenticating Agent and Credit Facility Issuer, if any.
The Trustee may also be removed at any time for any breach of trust or for acting or
proceeding in violation of, or for failing to act or proceed in accordance with, any provision of
the Indenture with respect to the duties and obligations of the Trustee by any court of competent
jurisdiction upon the application of the Issuer or the Holders of not less than a majority of the
aggregate principal amount of the Bonds then Outstanding.
SECTION 11.13. Appointment of Successor Trustee. If the Trustee or any successor
Trustee resigns or is removed or dissolved, or if its property or business is taken under the
control of any state or federal court or administrative body, a vacancy shall forthwith exist in the
office of the Trustee, and the Issuer shall appoint a successor and (i) if any Outstanding Bonds
are not registered bonds, shall publish notice of such appointment in an Authorized Newspaper
and in The Bond Buyer, or its successor, if any, and (ii) if any Outstanding Bonds are registered
Bonds, shall mail notice of such appointment by first-class mail to each Bondholder as its name
and address appear on the Bond Register, and to the Paying Agent, Registrar, Authenticating
Agent, Credit Facility Issuer, if any, and any rating agency that shall then have in effect a rating
on any of the Bonds. If no appointment of a successor Trustee shall be made pursuant to the
foregoing provisions of this Master Indenture prior to the date specified in the notice of
resignation or removal as the date when such resignation or removal was to take effect, the
Holders of a majority in aggregate principal amount of all Bonds then Outstanding may appoint a
successor Trustee.
SECTION 11.14. Qualification of Successor. A successor Trustee shall be a national
bank with trust powers or a bank or trust company with trust powers having a combined net
capital and surplus of at least $50,000,000.
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SECTION 11.15. Instruments of Succession. Any successor Trustee shall execute,
acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder, and
thereupon such successor Trustee, without any further act, deed, or conveyance, shall become
fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its
predecessor in trust hereunder, with like effect as if originally named Trustee herein. The
Trustee ceasing to act hereunder, after deducting all amounts owed to the Trustee, shall pay over
to the successor Trustee all moneys held by it hereunder and, upon request of the successor
Trustee, the Trustee ceasing to act and the Issuer shall execute and deliver an instrument or
instruments prepared by the Issuer transferring to the successor Trustee all the estates, properties,
rights, powers and trusts hereunder of the predecessor Trustee, except for its rights under Section
11.04 hereof.
SECTION 11.16. Merger of Trustee. Any corporation into which any Trustee
hereunder may be merged or with which it may be consolidated, or any corporation resulting
from any merger or consolidation to which any Trustee or its Corporate Trust Department
hereunder shall be a party, shall be the successor Trustee under the Indenture, without the
execution or filing of any paper or any further act on the part of the parties hereto, anything
herein to the contrary notwithstanding; provided, however, that any such successor corporation
continuing to act as Trustee hereunder shall meet the requirements of Section 11.14 hereof, and
if such corporation does not meet the aforesaid requirements, a successor Trustee shall be
appointed pursuant to this Article XI.
SECTION 11.17. Extension of Rights and Duties of Trustee to Paying Agent and
Registrar. The provisions of Sections 11.02, 11.03, 11.04, 11.08, 11.09 and 11.10 hereof are
hereby made applicable to the Paying Agent and the Registrar, as appropriate, and any Person
serving as Paying Agent and/or Registrar hereby enters into and agrees to comply with the
covenants and agreements of the Indenture applicable to the Paying Agent and Registrar,
respecti vel y.
SECTION 11.18. Resignation of Paying Agent or Registrar. The Paying Agent or
Registrar may resign and be discharged of the duties created by this Master Indenture by
executing an instrument in writing resigning such duties and specifying the date when such
resignation shall take effect, and filing the same with the Issuer, the Trustee, and any rating
agency that shall then have in effect a rating on any of the Bonds not less than forty-five (45)
days before the date specified in such instrument when such resignation shall take effect, and by
giving written notice of such resignation not less than three (3) weeks prior to such resignation
date to the Bondholders, mailed to their addresses as such appear in the Bond Register. Such
resignation shall take effect on the date specified in such instrument and notice, but only if a
successor Paying Agent or Registrar shall have been appointed as hereinafter provided, in which
event such resignation shall take effect immediately upon the appointment of such successor
Paying Agent or Registrar. If the successor Paying Agent or Registrar shall not have been
appointed within a period of ninety (90) days following the giving of notice, then the Paying
Agent or Registrar shall be authorized to petition any court of competent jurisdiction to appoint a
successor Paying Agent or Registrar as provided in Section 11.22 hereof.
mia-fs1l1566583v 'l!c1I.I1 '~0516S545.Olnllln
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'..._~;;
SECTION 11.19. Removal of Paying Agent or Registrar. The Paying Agent or
Registrar may be removed at any time prior to any Event of Default by the Issuer by filing with
the Paying Agent or Registrar to be removed, and with the Trustee, an instrument or instruments'
in writing executed by the Issuer appointing a successor, or an instrument or instruments in
writing designating, and accompanied by an instrument or appointment by the Issuer of, such
successor. Such removal shall be effective thirty (30) days (or such longer period as may be set
forth in such instrument) after delivery of the instrument; provided, however, that no such
removal shall be effective until the successor Paying Agent or Registrar appointed hereunder
shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment
hereunder.
SECTION 11.20. Appointment of Successor Paving Agent or Registrar. In case at
any time the Paying Agent or Registrar shall be removed, or be dissolved, or if its property or
affairs shall be taken under the control of any state or federal court or administrative body
because of insolvency or bankruptcy, or for any other reason, then a vacancy shall forthwith and
ipso facto exist in the office of the Paying Agent or Registrar, as the case may be, and a
successor shall be appointed by the Issuer; and in case at any time the Paying Agent or Registrar
shall resign, then a successor shall be appointed by the Issuer. After any such appointment,
notice of such appointment shall be given by the Issuer to the predecessor Paying Agent or
Registrar, the successor Paying Agent or Registrar, the Trustee, any rating agency that shall then
have in effect a rating on any of the Bonds and all Bondholders. Any new Paying Agent or
Registrar so appointed shall immediately, and without further act, supersede the predecessor
Paying Agent or Registrar.
SECTION 11.21. Qualifications of Successor Paying Agent or Registrar. Every
successor Paying Agent or Registrar (a) shall be a commercial bank or trust company (i) duly
organized under the laws of the United States or any state or territory thereof, (i) authorized by
law to perform all the duties imposed upon it by the Indenture and (iii) capable of meeting its
obligations hereunder, and (b) shall have a combined net capital and surplus of at least
$50,000,000.
SECTION 11.22. Judicial Appointment of Successor Paving Agent or Registrar. In
case at any time the Paying Agent or Registrar shall resign and no appointment of a successor
Paying Agent or Registrar shall be made pursuant to the foregoing provisions of this Master
Indenture prior to the date specified in the notice of resignation as the date when such resignation
is to take effect, the retiring Paying Agent or Registrar may forthwith apply to a court of
competent jurisdiction for the appointment of a successor Paying Agent or Registrar. Such court
may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a
successor Paying Agent or Registrar. Notice of such appointment shall be given by the
Successor Registrar or Paying Agent to the Issuer, the Trustee, any rating agency that shall then
have in effect a rating on any of the Bonds and all Bondholders. In the absence of such an
appointment, the Trustee shall become the Registrar or Paying Agent and shall so notify the
Issuer, any rating agency that shall have issued a rating on the Bonds and all Bondholders.
SECTION 11.23. Acceptance of Duties by Successor Paying Agent or Registrar.
Any successor Paying Agent or Registrar shall become duly vested with all the estates, property,
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rights, powers, duties and obligations of its predecessor hereunder, with like effect as if
originally named Paying Agent or Registrar herein. Upon request of such Paying Agent or
Registrar, such predecessor Paying Agent or Registrar and the Issuer shall execute and deliver an
instrument transferring to such successor Paying Agent or Registrar all the estates, property,
rights and powers hereunder of such predecessor Paying Agent or Registrar and such predecessor
Paying Agent or Registrar shall pay over and deliver to the successor Paying Agent or Registrar
all moneys and other assets at the time held by it hereunder.
SECTION 11.24. Successor by Merger or Consolidation. Any corporation into
which any Paying Agent or Registrar hereunder may be merged or converted or with which it
may be consolidated, or any corporation resulting from any merger or consolidation to which any
Paying Agent or Registrar hereunder shall be a party, shall be the successor Paying Agent or
Registrar under the Indenture without the execution or filing of any paper or any further act on
the part of the parties thereto, anything in the Indenture to the contrary notwithstanding.
[END OF ARTICLE XI]
mia-fsIl1566583v' 'l!c1I'I1 ;~/IlS165545.0Jl)JI)IJ
65
ARTICLE XII
ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS
SECTION 12.01. Acts of Bondholders; Evidence of Ownership of Bonds. Any
action to be taken by Bondholders may be evidenced by one or more concurrent written
instruments of similar tenor signed or executed by such Bondholders in person or by an agent
appointed in writing. The fact and date of the execution by any person of any such instrument
may be provided by acknowledgment before a notary public or other officer empowered to take
acknowledgments or by an affidavit of a witness to such execution. Any action by the Owner of
any Bond shall bind all future Owners of the same Bond in respect of anything done or suffered
by the Issuer, Trustee, Paying Agent or Registrar in pursuance thereof.
[END OF ARTICLE XII]
mi..fslll566.~81v '\HI'I1 .!;J05\n55450101ll1l
66
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ARTICLE XIII
AMENDMENTS AND SUPPLEMENTS
SECTION 13.01. Amendments and Supplements Without Bondholders' Consent.
This Master Indenture and any Supplemental Indenture may be amended or supplemented, from
time to time, without the consent of the Bondholders, by a Supplemental Indenture authorized by
a Certified Resolution of the Issuer filed with the Trustee, for one or more of the following
purposes:
(a) to add additional covenants of the Issuer or to surrender any right or power
herein conferred upon the Issuer;
(b) for any purpose not inconsistent with the terms of the Indenture, or to cure
any ambiguity or to cure, correct or supplement any defective provision (whether because of any
inconsistency with any other provision hereof or otherwise) of the Indenture, in such manner as
shall not impair the security hereof or thereof or adversely affect the rights and remedies of the
Bondholders;
(c) to provide for the execution of any and all contracts and other documents
as may be required in order to effectuate the conveyance of any Project to the State, the County
or any department, agency or branch thereof, or any other unit of government of the State or the
County; provided, however, that the Issuer shall have caused to be delivered to the Trustee an
opinion of Bond Counsel stating that such conveyance shall not impair the security hereof or
adversely affect the rights and remedies of the Bondholders; awl
(d) to make such chanl!es as mav be necessarv or desirable in order to orovide
for the issuance of a Series of Bonds. to refund a oortion of a Series of Bonds or for the
comoletion of a Proiect financed with such Series of Bonds. on a oaritv with the Outstandinl!
Bonds of such Series:
(e) to make anv chanl!e in connection with the issuance of a new Series of
Bonds if such chanl!e affects onlv such Series of Bonds: and
(ai) to make such changes as may be necessary in order to reflect amendments
to Chapters 170, 190 and 197, Florida Statutes, so long as, in the opinion of counsel to the Issuer,
such changes either: (i) do not have an adverse effect on the Holders of the Bonds; or (ii) if such
changes do have an adverse effect, that they nevertheless are required to be made as a result of
such amendments.
SECTION 13.02. Amendments With Bondholders' Consent. Subject to the
provisions of Section 13.03 hereof, this Master Indenture may be amended from time to time by
a Supplemental Indenture and any Supplemental Indenture approved by the Owners of at least a
majority in aggregate principal amount of the Bonds then Outstanding in the case of the Master
mia-fsII1566583v. 'l!c11 'I1l!f1l5l65_~45.()IOIO()
67
Indenture, and of the Series of Bonds then outstanding and secured by such Supplemental
Indenture in the case of Amendment of a Supplemental Indenture; provided that with respect to
(a) the interest payable upon any Bonds, (b) the dates of maturity or redemption provisions of
any Bonds, (c) this Article XIII and (d) the security provisions hereunder or under any
Supplemental Indenture, which may only be amended by approval of the Owners of all Bonds to
be so amended.
SECTION 13.03. Trustee Authorized to Join in Amendments and Supplements;
Reliance on Counsel. The Trustee is authorized to join in the execution and delivery of any
supplemental indenture or amendment permitted by this Article XIII and in so doing may rely on
a written opinion of Counsel that such supplemental indenture or amendment is so permitted and
has been duly authorized by the Issuer and that all things necessary to make it a valid and
binding agreement have been done.
[END OF ARTICLE XIII]
mia-fsll 15t\658.1vUjl I1l!f1).~165545111111111)
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I
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ARTICLE XIV
DEFEASANCE
SECTION 14.01. Defeasance. When interest on, and principal or Redemption Price
(as the case may be) of, the Bonds of a Series or any portion thereof to be defeased have been
paid, or there shall have been deposited with the Trustee or such other escrow agent designated
in a Certified Resolution of the Issuer (the "Escrow Agent") moneys sufficient, or Defeasance
Securities, the principal of and interest on which, when due, together with any moneys,
remaining uninvested, will provide sufficient moneys to fully pay (i) such Bonds of a Series or
portion thereof to be defeased, and (ii) any other sums payable hereunder by the Issuer, the right,
title and interest of the Trustee with respect to such Bonds of a Series or portion thereof to be
defeased shall thereupon cease, the lien of the Indenture on the Pledged Revenues, and the Funds
and Accounts established under the Indenture shall be defeased and discharged, and the Trustee,
on demand of the Issuer, shall release the Indenture as to such Bonds of a Series or portion
thereof to be so defeased and shall execute such documents to evidence such release as may be
reasonably required by the Issuer and shall turn over to the Issuer or to such Person, body or
authority as may be entitled to receive the same, all balances remaining in any Series Funds and
Accounts upon the defeasance in whole of all of the Bonds of a Series.
SECTION 14.02. Deposit of Funds for Payment of Bonds. If the Issuer deposits
with the Escrow Agent moneys sufficient, or Defeasance Securities, the principal of and interest
on which, when due, together with any moneys remaining uninvested, will provide sufficient
moneys to pay the principal or Redemption Price of any Bonds of a Series becoming due, either
at maturity I.' !)y redemption or otherwise, together with all interest accruing thereon to the date
of maturity U1 such prior redemption, and reimburses or causes to be reimbursed or pays or
causes to be paid the other amounts required to be reimbursed or paid under Section 14.01
hereof, interest on such Bonds of a Series shall cease to accrue on such date of maturity or prior
redemption and all liability of the Issuer with respect to such Bonds of a Series shall likewise
cease, except as hereinafter provided; provided, however, that (a) if any Bonds are to be
redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly
given in accordance with the provisions of Section 8.02 hereof, or irrevocable provision
satisfactory to the Trustee shall have been duly made for the giving of such notice, and (b) in the
event that any Bonds are not by their terms subject to redemption within the next succeeding
sixty (60) days following a deposit of moneys with the Escrow Agent, in accordance with this
Section, the Issuer shall have given the Escrow Agent, in form satisfactory to the Escrow Agent,
irrevocable instructions to mail to the Owners of such Bonds at their addresses as they appear on
the Bond Register, a notice stating that a deposit in accordance with this Section has been made
with the Escrow Agent and that the Bonds to which such notice relates are deemed to have been
paid in accordance with this Section and stating such maturity or redemption date upon which
moneys are to be available for the payment of the principal or Redemption Price (as the case may
be) of, and interest on, said Bonds of a Series. Thereafter such Bonds shall be deemed not to be
Outstanding hereunder and the Owners of such Bonds shall be restricted exclusively to the funds
so deposited for any claim of whatsoever nature with respect to such Bonds, and the Escrow
Agent shall hold such funds in trust for such Owners. At the time of the deposit referred to
mia-fsIl1566583v"l!c1\ 'I1li1115\65545.0 101 00
69
~?
above, there shall be delivered to the Escrow Agent a verification from a firm of independent
certified public accountants stating that the principal of and interest on the Defeasance Securities,
together with the stated amount of any cash remaining on deposit with the Escrow Agent, will
be sufficient without reinvestment to pay the remaining principal of, redemption premium, if
any, and interest on such defeased Bonds.
Money so deposited with the Escrow Agent which remains unclaimed three (3) years
after the date payment thereof becomes due shall, upon request of the Issuer, if the Issuer is not
at the time to the knowledge of the Escrow Agent in default with respect to any covenant in the
Indenture or the Bonds contained, be paid to the Issuer; and the Owners of the Bonds for which
the deposit was made shall thereafter be limited to a claim against the Issuer; provided, however,
that the Escrow Agent, before making payment to the Issuer, may, at the expense of the Issuer,
cause a notice to be published in an Authorized Newspaper, stating that the money remaining
unclaimed will be returned to the Issuer after a specified date.
[END OF ARTICLE XIV]
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ARTICLE XV
MISCELLANEOUS PROVISIONS
SECTION 15.01. Limitations on Recourse. No personal recourse shall be had for
any claim based on the Indenture or the Bonds against any member of the Board of the Issuer,
officer, employee or agent, past, present or future, of the Issuer or of any successor body as such,
either directly or through the Issuer or any such successor body, under any constitutional
provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise.
The Bonds are payable solely from the Pledged Revenues and any other moneys held by
the Trustee under the Indenture for such purpose. There shall be no other recourse under the
Bonds, the Indenture or otherwise, against the Issuer or any other property now or hereafter
owned by it.
SECTION 15.02. Payment Dates. In any case where an Interest Payment Date or the
maturity date of the Bonds or the date fixed for the redemption of any Bonds shall be other than
a Business Day, then payment of interest, principal or Redemption Price need not be made on
such date but may be made on the next succeeding Business Day, with the same force and effect
as if made on the due date, and no interest on such payment shall accrue for the period after such
due date if payment is made on such next succeeding Business Day.
SECTION 15.03. No Rights Conferred on Others. Nothing herein contained shall
confer any right upon any Person other than the parties hereto and the Holders of the Bonds.
SECTION 15.04. lllegal Provisions Disregarded. If any term of the Indenture or the
Bonds or the application thereof for any reason or circumstances shall to any extent be held
invalid or unenforceable, the remaining provisions or the application of such terms or provisions
to Persons and situations other than those as to which it is held invalid or unenforceable shall not
be affected thereby, and each remaining term and provision hereof and thereof shall be valid and
enforced to the fullest extent permitted by law.
SECTION 15.05. Substitute Notice. If for any reason it shall be impossible to make
duplication of any notice required hereby in a newspaper or newspapers, then such publication in
lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient
publication of such notice.
SECTION 15.06. Notices. Any notice, demand, direction, request or other
instrument authorized or required by the Indenture to be given to or filed with the Issuer or the
Trustee shall be deemed to have been sufficiently given or filed for all purposes of the Indenture
if and when personally delivered and receipted for, or sent by registered United States mail,
return receipt requested, addressed as follows:
mia-fsII1506581v'. 'l!c1II1 'l!f05l65545.nlOlI~1
71
J(Oi>~s';,,-j;" j
(a) As to the Issuer -
Wentworth Estates Community Development District
Severn Trent Services
210 North University Drive, Suite ~702
Coral Springs, Florida 33071
(b) As to the Trustee -
Wachovia Bank, National Association
200 South Biscayne Boulevard, 14th Floor
Miami, Florida 33131
Any of the foregoing may, by notice sent to each of the others, designate a different or
additional address to which notices under the Indenture are to be sent.
All documents received by the Trustee under the provisions of the Indenture and not
required to be redelivered shall be retained in its possession, subject at all reasonable times to the
inspection of the Issuer, any Consultant, any Bondholder and the agents and representatives
thereof as evidenced in writing.
SECTION 15.07. Controlling Law. The Master Indenture shall be governed by and
construed in accordance with the laws of the State.
SECTION 15.08. Successors and Assigns. All the covenants, promises and
agreements in this Master Indenture contained by or on behalf of the Issuer or by or on behalf of
the Trustee shall bind and inure to the benefit of their respective successors and assigns, whether
so expressed or not.
SECTION 15.09. Headings for Convenience Only. The table of contents and
descriptive headings in this Master Indenture are .inserted for convenience only and shall not
control or affect the meaning or construction of any of the provisions hereof.
SECTION 15.10. Counterparts. This Master Indenture may be executed in any
number of counterparts, each of which when so executed and delivered shall be an original; but
such counterparts shall together constitute but one and the same instrument.
SECTION 15.11. Appendices and Exhibits. Any and all appendices or exhibits
referred to in and attached to this Master Indenture are hereby incorporated herein and made a
part hereof for all purposes.
mia.fslll%~-,83\' U1llf '1lI05165545.0IOWO
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IN WITNESS WHEREOF, Wentworth Estates Community Development District has
caused this Master Indenture to be executed by the Chairman of its Board and attested by the
Secretary or Assistant Secretary of its Board and Wachovia Bank, National Association has
caused this Master Indenture to be executed by one of its Authorized Signatories, all as of the
day and year first above written.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
[SEAL]
Attest:
By:
Howard Taylor, Chairman
Board of Supervisors
James Ward, Secretary
Board of Supervisors
WACHOVIA BANK, NATIONAL
ASSOCIATION,
as Trustee, Paying Agent and Registrar
[SEAL]
By:
Vivian Cerecedo,
Vice President
mia-fsII1.,66583v .!)4llf l!f0516554,.lllOIIJO
S-l
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
On this _ day of February , 2005, before me, a notary public in and for the
State and County aforesaid, personally appeared Howard Taylor and James Ward, Chairman and
Secretary, respectively, of the Board of Supervisors of Wentworth Estates Community
Development District, who acknowledged that they did sign the foregoing instrument as such
officers, respectively, for and on behalf of Wentworth Estates Community Development District;
and that the same is their free act and deed as such officers, respectively, and the free act and
deed of Wentworth Estates Community Development District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year in this certificate first above written.
NOTARY PUBLIC, STATE OF
FLORIDA
(Name of Notary Public, Print, Stamp or
Type as Commissioned)
o Personally known to me, or
o Produced identification:
(Type of Identification Produced)
o DID take an oath, or
o DID NOT take an oath.
mia. fs I I 1566-'Rl vl!c1\' II lV05\6.~545.1l1 0 I 00
S-2
1611
STATE OF FLORIDA )
) ss:
COUNTY OF COLLIER )
On this _ day of February , 2005, before me, a notary public in and for the
State and County aforesaid, personally appeared Vivian Cerecedo, a Vice President of Wachovia
Bank, National Association, as Trustee, who acknowledged that she did sign said instrument as
such officer for and on behalf of said corporation; that the same is her free act and deed as such
officer and the free act and deed of said corporation; and that the seal affixed to said instrument
is the seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year in this certificate first above written.
NOTARY PUBLIC, STATE OF
FLORIDA
(Name of Notary Public, Print, Stamp or
Type as Commissioned)
o Personally known to me, or
o Produced identification:
(Type of Identification Produced)
o DID take an oath, or
o DID NOT take an oath.
mia-fsII1566581vl!c1\ 'II l!f1l.~1(]554.\.lIllIllI()
S-3
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EXHIBIT A
LEGAL DESCRIPTION OF
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
The present boundaries of Wentworth Estates Community Development District are as
follows:
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A-I
EXHIBIT B
DESCRIPTION OF THE PROJECT
The Project includes the following improvements:
Total
Description Proiect
Roadway Improvements
Stormwater Management System 39,040,000
Water & Wastewater Facilities 13,848,000
Landscaping 6,800,000
Wetland Mitigation 2,430,000
Irrigation 1,468,000
Off-Site Improvements 2,680,000
Total Project Costs $75,312,000
mia-f,111566.1Rlvl!c11 ']JliI0516.1.14.~.1I11111111
B-1
1611
EXHIBIT C
[FORM OF BOND]
The following legend shall appear on the Bond only if the Bonds are privately placed:
THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF
1933, AS AMENDED, BASED UPON THE EXEMPTION FROM REGISTRATION
A V AILABLE UNDER SECTION 3(a)(2) THEREOF, AND MAYBE SOLD OR
OTHERWISE TRANSFERRED ONLY TO AN "ACCREDITED INVESTOR", AS SUCH
TERM IS DEFINED IN 17 C.F.R. SECTION 230.501(a), OR ANY SUCCESSOR
PROVISION THERETO, IN ACCORDANCE WITH APPLICABLE FEDERAL AND
STATE SECURITIES LAWS AND OTHERWISE IN ACCORDANCE WITH THE
PROVISIONS OF THE INDENTURE REFERRED TO BELOW.
R-
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
SPECIAL ASSESSMENT BOND
Interest Rate
Maturity Date
Date of Original Issuance
CUSIP
Registered Owner:
Principal Amount:
KNOW ALL PERSONS BY THESE PRESENTS that Wentworth Estates Community
Development District (the "Issuer"), for value received, hereby promises to pay to the registered
owner shown above or registered assigns, on the date specified above, from the sources
hereinafter mentioned, upon presentation and surrender hereof at the corporate trust office of
, in , Florida, as paying agent (said and/or any bank
or trust company to become successor paying agent being herein called the "Paying Agent"), the
Principal Amount set forth above with interest thereon at the Interest Rate per annum set forth
above, computed on a 360-day year of 30-day months, payable on the first day of of
each year. Principal of this Bond is payable at the corporate trust office of
located in , Florida, in lawful money of the United States of America. Interest on
this Bond is payable by check or draft of the Paying Agent made payable to the registered owner
and mailed on each Interest Payment Date to the address of the registered owner as such name
and address shall appear on the registry books of the Issuer maintained by , as
Registrar (said and any successor Registrar being herein called the "Registrar")
at the close of business on the fifteenth day of the calendar month preceding each interest
payment date or the date on which the principal of a Bond is to be paid (the "Record Date").
mia-f.' III 5665R.l v'J'll 1/l!f1l516554-'.1I1II111I1
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Such interest shall be payable from the most recent interest payment date next preceding the date
of authentication hereof to which interest has been paid, unless the date of authentication hereof
is a May 1 or November 1 to which interest has been paid, in which case from the date of
authentication hereof, or unless such date of authentication is prior to [ 1, _], in
which case from [ 1, _], or unless the date of authentication hereof is between a
Record Date and the next succeeding interest payment date, in which case from such interest
payment date. Any such interest not so punctually paid or duly provided for shall forthwith
cease to be payable to the registered owner on such Record Date and may be paid to the person
in whose name this Bond is registered at the close of business on a Special Record Date for the
payment of such defaulted interest to be fixed by the Paying Agent, notice whereof shall be
given to Bondholders of record as of the fifth (5th) day prior to such mailing, at their registered
addresses, not less than ten (10) days prior to such Special Record Date, or may be paid, at any
time in any other lawful manner, as more fully provided in the Indenture (defined below).
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER
PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET
FORTH ON THE FRONT SIDE HEREOF.
THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLEL Y
OUT OF THE PLEDGED REVENUES PLEDGED THEREFOR UNDER THE INDENTURE
AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT, NOR THE TAXING
POWER OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR
ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE
PAYMENT OF THE BONDS, EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE
INDENTURE TO LEVY AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE
CERTIFIED, FOR COLLECTION, SPECIAL ASSESSMENTS (AS DEFINED IN THE
INDENTURE) TO SECURE AND PAY THE BONDS. THE BONDS DO NOT CONSTITUTE
AN INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF
FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Indenture until it shall have been authenticated by execution of the
Trustee, or such other authenticating agent as may be appointed by the Trustee under the
Indenture, of the certificate of authentication endorsed hereon.
mia.fs111566583v '~\I1 'l!f05\6.~545.()IIlIll()
C-2
16'''1
1.
IN WITNESS WHEREOF, Wentworth Estates Community Development District has
caused this Bond to be signed by the facsimile signature of the Chairman of its Board of
Supervisors, and attested by the facsimile signature of the Secretary of its Board of Supervisors,
as of the date hereof.
WEN1WORTH ESTAlES COMMUNITY
DEVELOPMENT DISTRICT
By:
Chairman, Board of Supervisors
Attest:
By:
Secretary, Board of Supervisors
mia-fst\]~66...tny ~1\ ']}lYnW,~S4.'i(IIIIIIlO
C-3
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within mentioned Indenture.
Date of Authentication:
, as Trustee
By:
Authorized Officer
mia-fslllS66583v MIII 'Il/05165~45.01ll11~1
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1 "
J1,,",
[Back of Bond]
This Bond is one of an authorized issue of Bonds of Wentworth Estates Community
Development District, a community development district duly created, organized and existing
under Chapter 190, Florida Statutes (the Uniform Community Development District Act of
1980), as amended (the "Act") and by Ordinance No. 2005-37 of the Board of County
Commissioners of Collier County, Florida, effective on June 15,2004, designated as Wentworth
Estates Community Development District (Collier County, Florida) Special Assessment Bonds
(the "Bonds"), in the aggregate principal amount of $ of like date, tenor and effect,
except as to number. The Bonds are being issued under authority of the laws and Constitution of
the State of Florida, including particularly the Act, to pay a portion of the costs of the planning,
financing, acquisition, construction of certain infrastructure consisting of roadway
improvements, stormwater management system, water and sewer facilities, electrical conduits,
recreational improvements and parks for the special benefit of the District Lands or portions
thereof. The Bonds shall be issued as fully registered Bonds in authorized denominations, as set
forth in the Indenture. The Bonds are issued under and secured by a Master Trust Indenture
dated as of June 1, 200SfDOCUMENT DATEl (the "Master Indenture"), as amended and
supplemented by a _ Supplemental Trust Indenture dated as of , 20_ (the
"Supplemental Indenture" and together with the Master Indenture, the "Indenture"), each by and
between the Issuer and the Trustee, executed counterparts of which are on file at the corporate
trust office of the Trustee in , Florida.
Reference is hereby made to the Indenture for the provisions, among others, with respect
to the custody and application of the proceeds of the Bonds issued under the Indenture, the
operation and application of the Debt Service Fund and other Funds and Accounts (each as
defined in the Indenture) charged with and pledged to the payment of the principal of, premium,
if any, and the interest on the Bonds, the levy and the evidencing and certifying for collection of
Special Assessments, the nature and extent of the security for the Bonds, the terms and
conditions on which the Bonds are issued, the rights, duties and obligations of the Issuer and of
the Trustee under the Indenture, the conditions under which such Indenture may be amended
without the consent of the registered owners of Bonds, the conditions under which such
Indenture may be amended with the consent of the registered owners of a majority in aggregate
principal amount of the Bonds outstanding and as to other rights and remedies of the registered
owners of the Bonds.
The registered or beneficial owner of this Bond shall have no right to enforce the
provisions of the Indenture or to institute action to enforce the covenants therein, or to take any
action with respect to any event of default under the Indenture or to institute, appear in or defend
any suit or other proceeding with respect thereto, except as provided in the Indenture.
It is expressly agreed by the registered or beneficial owner of this Bond that such
registered owner shall never have the right to require or compel the exercise of the ad valorem
taxing power of the Issuer, Collier County, Florida, the State of Florida or any political
subdivision thereof, or taxation in any form of any real or personal property of the Issuer, Collier
County, Florida, the State of Florida or any political subdivision thereof, for the payment of the
principal of, premium, if any, and interest on this Bond or the making of any other sinking fund
mia-fslllS66S83v l!c1\ II Wil51A5545.11I IlJOIJ
C-5
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1.611
and other payments provided for in the Indenture, except for Special Assessments to be assessed
and levied by the Issuer as set forth in the Indenture.
By the acceptance of this Bond, the registered or beneficial owner hereof assents to all
the provisions of the Indenture.
This Bond is payable from and secured by Pledged Revenues, as such term is defined in
the Indenture, all in the manner provided in the Indenture. The Indenture provides for the levy
and the evidencing and certifying, of non ad valorem assessments in the form of Special
Assessments to secure and pay the Bonds.
The Bonds are subject to redemption prior to maturity in the amounts, at the times and in
the manner provided below. All payments of the redemption price of the Bonds shall be made
on the dates specified below. Upon any redemption of Bonds other than in accordance with
scheduled Sinking Fund Installments, the Issuer shall cause to be recalculated and delivered to
the Trustee revised Sinking Fund Installments recalculated so as to amortize the Outstanding
principal amount of Bonds in substantially equal annual installments of principal and interest
(subject to rounding to Authorized Denominations of principal) over the remaining term of the
Bonds. The Sinking Fund Installments as so recalculated shall not result in an increase in the
aggregate of the Sinking Fund Installments for all Bonds in any year. In the event of a
redemption or purchase occurring less than 45 days prior to a date on which a Sinking Fund
Installment is due, the foregoing recalculation shall not be made to Sinking Fund Installments
due in the year in which such redemption or purchase occurs, but shall be made to Sinking Fund
Installments for the immediately succeeding and subsequent years.
Optional Redemption
The Bonds are subject to redemption at the option of the Issuer in whole or in part at any
time on or after 1, _, at the redemption prices (expressed as percentages of
principal amount to be redeemed) set forth below, plus accrued interest to the redemption date,
upon notice from the Issuer to the Trustee as set forth in the Indenture.
Redemption Period
(Both Dates Inclusive)
Redemption Price
l,_to 31,_
1,_to 31,_
1, _ and thereafter
%
Mandatory Sinking Fund Redemption
The Bonds are subject to mandatory sinking fund redemption on 1 in the
years and in the principal amounts set forth below at a redemption price of 100% of their
principal amount plus accrued interest to the date of redemption. Such principal amounts shall
be reduced as specified by the Issuer by the principal amount of any Bonds redeemed pursuant to
optional or extraordinary mandatory redemption as set forth above or purchased and cancelled
pursuant to the provisions of the Indenture.
mia-fsII1566581v 'l!c1II1 l!f05Ifi5545.IIIOllJll
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ly /
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Year
Principal Amount
of Bonds
to be Paid
Year
Principal Amount
of Bonds
to be Paid
Extraordinary Mandatory Redemption in Whole or in Part
The Bonds are subject to extraordinary mandatory redemption prior to maturity by the
Issuer in whole, on any date, or in part, on any interest payment date, at an extraordinary
mandatory redemption price equal to 100% of the principal amount of the Bonds to be redeemed,
plus interest accrued to the redemption date, (i) from moneys deposited into the Bond
Redemption Fund following the payment in full of Special Assessments on any portion of the
District Lands in accordance with the provisions of the Section 9.08(a) of the Indenture; (ii) from
moneys deposited into the Bond Redemption Fund following the payment in full of Special
Assessments on any portion of the District Lands as a result of any prepayment of Special
Assessments in accordance with the provisions of Section 9.08(b) of the Indenture; (iii) when
sufficient moneys are on deposit in the related Funds and Accounts (other than the Rebate Fund)
to pay and redeem all Outstanding Bonds and accrued interest thereon to the redemption date in
addition to all amounts owed to Persons under the Indenture; (iv) from moneys in excess of the
Debt Service Reserve Requirement in the Debt Service Reserve Fund transferred to the Bond
Redemption Fund pursuant to the Indenture; (v) from excess moneys transferred from the
Revenue Fund to the Bond Redemption Fund in accordance with the Indenture; or (vi) from
moneys, if any, on deposit in the Bond Redemption Fund following condemnation or the sale of
any portion of the District Lands benefitted by the Project to a governmental entity under threat
of condemnation by such governmental entity or the damage or destruction of all or substantially
all of the Project when such moneys are not to be used pursuant to the Indenture to repair,
replace or restore the Project; provided, however, that at least forty-five (45) days prior to such
extraordinary mandatory redemption, the Issuer shall cause to be delivered to the Trustee
(x) notice setting forth the redemption date and (y) a certificate of the Consulting Engineer
confirming that the repair and restoration of the Project would not be economical or would be
impracticable; or (vii) from amounts transferred to the Series Account of the Bond Redemption
Fund from the Series Account of the Acquisition and Construction Fund.
Notice of Redemption
The Trustee shall cause notice of redemption to be mailed at least thirty but not more than
sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as
such owners appear on the books of the Registrar on the fifth (5th) day prior to such mailing) and
to certain additional parties as set forth in the Indenture; provided, however, that failure to mail
any such notice or any defect in the notice or the mailing thereof shall not affect the validity of
the redemption of the Bonds for which such notice was duly mailed in accordance with the
mia-fsll15fi6583v 'HI II 'l!f1J5165545.1111l1ll11
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1 ~'.. ....
b i .A.
Indenture. If less than all of the Bonds shall be called for redemption, the notice of redemption
shall specify the Bonds to be redeemed. On the redemption date, the Bonds called for
redemption will be payable at the designated corporate trust office of the Paying Agent and on
such date interest shall cease to accrue, such Bonds shall cease to be entitled to any benefit under
the Indenture and such Bonds shall not be deemed to be outstanding under the provisions of the
Indenture and the registered owners of such Bonds shall have no rights in respect thereof except
to receive payment of the redemption price thereof. If the amount of funds so deposited with the
Trustee, or otherwise available, is insufficient to pay the redemption price and interest on all
Bonds so called for redemption on such date, the Trustee shall redeem and pay on such date an
amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed
by lot from among all such Bonds called for redemption on such date, and interest on any Bonds
not paid shall continue to accrue, as provided in the Indenture.
Partial Redemption of Bonds. If less than all the Bonds of a maturity are to be redeemed,
the Trustee shall select the particular Bonds or portions of Bonds to be redeemed by lot in such
reasonable manner as the Trustee in its discretion may determine. In the case of any partial
redemption of Bonds pursuant to an optional redemption, such redemption shall be effectuated
by redeeming Bonds of such maturities in such manner as shall be specified by the Issuer in
writing, subject to the provisions of the Indenture. In the case of any partial redemption of
Bonds pursuant to an extraordinary mandatory redemption, such redemption shall be effectuated
by redeeming Bonds pro rata among the maturities, treating each date on which a Sinking Fund
Installment is due as a separate maturity for such purpose, with the portion to be redeemed from
each maturity being equal to the product of the aggregate principal amount of Bonds to be
redeemed multiplied times a fraction the numerator of which is the principal amount of Bonds of
such maturity outstanding immediately prior to the redemption date and the denominator of
which is the aggregate principal amount of all Bonds outstanding immediately prior to the
redemption date.
The Issuer shall keep books for the registration of the Bonds at the corporate trust office
of the Registrar in OrIandoMiami, Florida. Subject to the restrictions contained in the Indenture,
the Bonds may be transferred or exchanged by the registered owner thereof in person or by his
attorney duly authorized in writing only upon the books of the Issuer kept by the Registrar and
only upon surrender thereof together with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered owner or his duly authorized attorney. In all cases in
which the privilege of transferring or exchanging Bonds is exercised, the Issuer shall execute and
the Trustee or such other authenticating agent as may be appointed by the Trustee under the
Indenture shall authenticate and deliver a new Bond or Bonds in authorized form and in like
aggregate principal amount in accordance with the provisions of the Indenture. Every Bond
presented or surrendered for transfer or exchange shall be duly endorsed or accompanied by a
written instrument of transfer in form satisfactory to the Trustee, Paying Agent or the Registrar,
duly executed by the Bondholder or his attorney duly authorized in writing. Transfers and
exchanges shall be made without charge to the Bondholder, except that the Issuer or the Trustee
may require payment of a sum sufficient to cover any tax or other governmental charge that may
be imposed in connection with any transfer or exchange of Bonds. Neither the Issuer nor the
Registrar on behalf of the Issuer shall be required (i) to issue, transfer or exchange any Bond
during a period beginning at the opening of business fifteen (15) days before the day of mailing
of a notice of redemption of Bonds selected for redemption and ending at the close of business
mia-fslll-'fi6581vl!c1\ II 'l!f1l516_~54.~.11I1I1II(I
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on the day of such mailing, or (ii) to transfer or exchange any Bond so selected for redemption in
whole or in part.
The Issuer, the Trustee, the Paying Agent and the Registrar may deem and treat the
person in whose name any Bond shall be registered upon the books kept by the Registrar as the
absolute owner thereof (whether or not such Bond shall be overdue and notwithstanding any
notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee,
the Paying Agent or the Registrar) for the purpose of receiving payment of or on account of the
principal of, premium, if any, and interest on such Bond as the same becomes due, and for all
other purposes. All such payments so made to any such registered owner or upon his order shall
be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the
sum or sums so paid, and neither the Issuer, the Trustee, the Paying Agent, nor the Registrar
shall be affected by any notice to the contrary.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened
and have been performed in regular and due form and time as required by the laws and
Constitution of the State of Florida applicable thereto, including particularly the Act, and that the
issuance of this Bond, and of the issue of the Bonds of which this Bond is one, is in full
compliance with all constitutional and statutory limitations or provisions.
mia-fs111566583v MIZI ll/05165545.01ll1ll0
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STATEMENT OF VALIDATION
This Bond is one of a series of Bonds which were validated by judgment of the Circuit
Court of the Twentieth Judicial Circuit of Florida, in and for Lee, Collier, Charlotte, Hendry and
Glades Counties, Florida, rendered on the 20th day of September, 2004.
Chairman
Secretary
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM
TEN ENT
JT TEN
as tenants in common
as tenants by the entireties
as joint tenants with rights of survivorship and not as
tenants in common
(Cust)
Custodian
(Minor)
UNIFORM GIFT MIN ACT
Under Uniform Gifts to Minors
Act
(State)
Additional abbreviations may also be used though not in the above list.
mia-fs1l1566583v 'l!c1\ I1l!f1l5\65545.IHIIIIIII
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ASSIGNMENT AND TRANSFER
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite Dame and address of assignee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney to transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Signature Guarantee:
NOTICE: Signature(s) must be guaranteed
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: The signature to this assignment
must correspond with the name of the
registered owner as it appears upon the face
of the within Bond in every particular,
without alteration or enlargement or any
change whatsoever.
Please insert social security or other
identifying number of Assignee.
mia-fsl\1566583v MIll 1iI05165545.01lJII"l C-ll
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EXHIBIT D
FORM OF REQUISITION
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
SPECIAL ASSESSMENT BONDS
The undersigned, a Responsible Officer of Wentworth Estates Community Development
District (the "District"), hereby submits the following requisition for disbursement under and
pursuant to the terms of the Trust Indenture from the District to , as trustee (the
"Trustee"), dated as of June 1, 200SrDOCUMENT DA TEl (the "Indenture"), (all capitalized
terms used herein shall have the meaning ascribed to such term in the Indenture):
(A) Requisition Number:
(B) Name of Payee:
(C) Amount Payable:
(D) Purpose for which paid or incurred (refer also to specific contract if
amount is due and payable pursuant to a contract involving progress
payments, or, state Costs of Issuance, if applicable):
(E) Fund or Account from which disbursement to be made:
The undersigned hereby certifies that:
1. 0 obligations in the stated amount set forth above have been incurred by the
District,
or
o this requisition is for Costs of Issuance payable from the Acquisition and
Construction Fund that have not previously been paid;
2. each disbursement set forth above is a proper charge against the Acquisition and
Construction Fund;
3. each disbursement set forth above was incurred in connection with the acquisition
and/or construction of the Project;
4. each disbursement represents a Cost of the Project which has not previously been
paid.
mia.fsll15665Blv .l!c1II1 'Wn5\65545.0101t1l1
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The undersigned hereby further certifies that there has not been filed with or served upon the
District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive
payment of, any of the moneys payable to the Payee set forth above, which has not been released
or will not be released simultaneously with the payment hereof.
The undersigned hereby further certifies that such requisition contains no item representing
payment on account of any retained percentage which the District is at the date of such certificate
entitled to retain.
Attached hereto are originals of the invoice(s) from the vendor of the property acquired or the
services rendered with respect to which disbursement is hereby requested.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
By:
Responsible Officer
CONSULTING ENGINEER'S APPROVAL FOR
NON-COST OF ISSUANCE REQUESTS ONLY
If this reqUIsItlon is for a disbursement from other than Costs of Issuance, the undersigned
Consulting Engineer hereby certifies that this disbursement is for a Cost of the Project and is
consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and
specifications for the portion of the Project with respect to which such disbursement is being
made; and (iii) the report of the Consulting Engineer, as such report shall have been amended or
modified on the date hereof.
Consulting Engineer
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Insertions 72
Deletions 72
Moved from 1
Moved to 1
Style chanQe 0
Format changed 0
Total changes 146
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GTDRAFf~ 11
FIRST SUPPLEMENTAL TRUST INDENTURE
BETWEEN
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
AND
W ACHOVIA BANK, NATIONAL ASSOCIATION
As Trustee
Dated as of July 1, 2005
rDOCUMENT DA TEl
Authorizing and Securing
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BONDS
$[PRINCIPAL AMOUNT A] SERIES 2005A
$[PRINCIPAL AMOUNT B] SERIES 2005B
mia-fsll I fi05251v:l!:'III 'l!f05165545.IIIIIIIIO
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TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS............................................................................................. ...... 4
ARTICLE II THE SERIES 2005 BONDS...... ............................................................... ....... 10
Amounts and Terms of Series 2005 Bonds; Issue of Series
2005 Bonds.......................................................................................... 10
Execution...................................................................................... ....... 10
Authentication..................................................................................... 10
Purpose, Designation and Denominations of, and Interest
Accruals on, the Series 2005 Bonds.................................................... 10
SECTION 2.05. Debt Service on the Series 2005 Bonds .............................................. 12
SECTION 2.06. Disposition of Series 2005 Bond Proceeds ......................................... 12
SECTION 2.07. Book-Entry Form of Series 2005 Bonds ............................................. 13
SECTION 2.08. Appointment of Registrar and Paying Agent ...................................... 13
ARTICLE III REDEMPTION OF SERIES 2005 BONDS................................................... 14
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 3.01. Redemption Dates and Prices.............................................................. 14
SECTION 3.02. Notice of Redemption......... ........ ........................................................ 16
ARTICLE IV ESTABLISHMENT OF CERTAIN FUNDS AND ACCOUNTS;
PREPA YMENTS; REMOVAL OF SPECIAL ASSESSMENT LIENS..... 17
Establishment of Certain Funds and Accounts ................................... 17
Series 2005 Revenue Account.. .............. ............................................. 20
Power to Issue Series 2005 Bonds and Create Lien............................ 22
Series 2005 Project to Conform to Plans and Specifications;
Changes............................................................................................... 22
SECTION 4.05. Prepayments; Removal of Special Assessment Liens......................... 22
ARTICLE V MISCELLANEOUS PROVISIONS ...............................................................24
SECTION 4.01.
SECTION 4.02.
SECTION 4.03.
SECTION 4.04.
SECTION 5.01.
SECTION 5.02.
SECTION 5.03.
SECTION 5.04.
SECTION 5.05.
SECTION 5.06.
SECTION 5.07.
EXHIBIT A
EXHIBIT B
EXHIBIT C
mi,.fsl\1605251v' :r,pIl lV()5165545.()j{11I~)
Interpretation of Supplemental Indenture ........................................... 24
Amendments................... ............ ............. .................. ............... ........... 24
Counterparts ............ ................. ...... ........ ....... ..... ...... ..... ...... ..... ...........24
Appendices and Exhibits..................................................................... 24
Payment Dates... ...................... ............. ............. ................ ..... ...... .......24
No Rights Conferred on Others........... ............ .................. ......... .........24
Collection of Assessments..... ............................................................. 24
DESCRIPTION OF SERIES 2005 PROJECT
FORM OF SERIES 2005A BOND
FORM OF SERIES 2005B BOND
1 l:. ~ .v
~'~"'" ''''I.) t:i
THIS FIRST SUPPLEMENTAL TRUST INDENTURE (the "First Supplemental
Indenture"), dated as of July 1, 2005,rDOCUMENT DATEl. between WENTWORTH
ESTATES COMMUNITY DEVELOPMENT DISTRICT (the "Issuer" or the "District"), a local
unit of special-purpose government organized and existing under the laws of the State of Florida,
and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (said
banking association and any bank or trust company becoming successor trustee under this First
Supplemental Indenture being hereinafter referred to as the "Trustee");
W ! I N g ~ ~ E I H:
WHEREAS, the Issuer is a local unit of special- purpose government duly organized and
existing under the provisions of the Uniform Community Development District Act of 1980,
Chapter 190, Florida Statutes, as amended (the "Act"), by Ordinance No. 2004-37 of the Board
of County Commissioners of Collier County, Florida, effective on June 15, 2004, for the
purpose, among other things, of financing and managing the acquisition and construction,
maintenance, and operation of the major infrastructure within and without the boundaries of the
premises to be governed by the Issuer; and
WHEREAS, the premises to be governed by the Issuer are described more fully in
Exhibit A to the Master Trust Indenture, dated as of July 1, 2005,rDOCUMENT DATEl.
between the District and the Trustee (the "Master Indenture"), referred to as the "District Lands"
and consist of approximately 978.58 acres of land located entirely within Collier County, Florida
(the "County"); and
WHEREAS, the Issuer has been created for the purpose of delivering certain community
development services and facilities for the benefit of the District Lands; and
WHEREAS, the Issuer has heretofore determined to undertake, in one or more stages,
roadway improvements, a stormwater management system, landscaping, water and sewer
facilities, irrigation system, wetland mitigation and off-site improvements pursuant to the Act for
the special benefit of the District Lands (as further described in Exhibit B to the Master
Indenture, the "Project"), as set forth in the Wentworth Estates Community Development
District, Master Special Assessment Report, dated , as supplemented from time
to time, prepared by Severn Trent Services, Inc. (the "Assessment Methodology") and
Resolution 2004-15 adopted by the Board of Supervisors of the Issuer on July 7, 2004 and
Resolution 2004-18 adooted bv the Board of Suoervisors of the Issuer on Seotember 9. 2004; and
WHEREAS, the Issuer duly adopted Resolution No. 2004-17 on July 7, 2004,
authorizing, among other things, the issuance in one or more series of not to exceed
$100,000,000 aggregate principal amount of its Special Assessment Bonds in order to finance
the costs of the Project; and
WHEREAS, pursuant to the Master Indenture and this First Supplemental Indenture
(hereinafter sometimes collectively referred to as the "Indenture"), the Issuer has determined to
issue $[PRINCIPAL AMOUNT A] aggregate principal amount of Wentworth Estates
Community Development District (Collier County, Florida) Special Assessment Bonds, Series
2005A (the "Series 2005A Bonds") and $[PRINCIPAL AMOUNT B] aggregate principal
amount of Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Series 2005B Bonds" and together with the
Series 2005A Bonds, the "Series 2005 Bonds") to provide funds for the payment of the costs of a
portion of the Project (as further described in Exhibit A hereto, the "Series 2005 Project"); and
mia.rslllli05253Y~1 71 IYn511i5545.lIIn)(~1
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WHEREAS, the proceeds of the Series 2005A Bonds will be used to provide funds for (i)
the payment of a portion of the costs of the Series 2005 Project, (ii) the payment of interest on
the Series 2005A Bonds through November 1, 2006, (iii) the funding of the Series 2005A Debt
Service Reserve Account, and (iv) payment of a portion of the costs of issuance of the Series
2005 Bonds; and
WHEREAS, the proceeds of the Series 2005B Bonds will be used to provide funds for (i)
the payment of a portion of the costs of the Series 2005 Project, (ii) the payment of interest on
the Series 2005B Bonds through November 1, 2006, (iii) the funding of the Series 2005B Debt
Service Reserve Account, and (iv) payment of a portion of the costs of issuance of the Series
2005 Bonds; and
WHEREAS, the Series 2oo5A Bonds and the Series 2005B Bonds will be secured on a
parity by a pledge of Pledged Revenues (as hereinafter defined) to the extent provided herein;
and
WHEREAS, the Acquisition Agreement between the Issuer and the Developer relating to
the Project provides for a Deferred Obligation to the extent that components of the Project
conveyed to the Issuer are not paid from proceeds of the Series 2005 Bonds or bonds
subsequently issued pursuant to the Master Indenture; and
NOW, THEREFORE, THIS FIRST SUPPLEMENTAL INDENTURE WITNESSETH,
that to provide for the issuance of the Series 2005 Bonds, the security and payment of the
principal or redemption price thereof (as the case may be) and interest thereon, the rights of the
Bondholders and the performance and observance of all of the covenants contained herein and in
said Series 2005 Bonds, and for and in consideration of the mutual covenants herein contained
and of the purchase and acceptance of the Series 2005 Bonds by the Owners thereof, from time
to time, and of the acceptance by the Trustee of the trusts hereby created, and intending to be
legally bound hereby, the Issuer does hereby assign, transfer, set over and pledge to Wachovia
Bank, National Association, as Trustee, its successors in trust and its assigns forever, and grants
a lien on all of the right, title and interest of the Issuer in and to the Pledged Revenues
(hereinafter defined) as security for the payment of the principal, redemption or purchase price of
(as the case may be) and interest on the Series 2005 Bonds issued hereunder and any Bonds
issued on a parity with the Series 2005 Bonds, all in the manner hereinafter provided, and the
Issuer further hereby agrees with and covenants unto the Trustee as follows:
TO HAVE AND TO HOLD the same and any other revenues, property, contracts or
contract rights, accounts receivable, chattel paper, instruments, general intangibles or other rights
and the proceeds thereof, which may, by delivery, assignment or otherwise, be subject to the lien
created by the Indenture.
IN TRUST NEVERTHELESS, for the equal and ratable benefit and security of all
present and future Owners of the Series 2005 Bonds issued and to be issued under this First
Supplemental Indenture, without preference, priority or distinction as to lien or otherwise (except
as otherwise specifically provided in this First Supplemental Indenture) of anyone Series 2005
Bond over any other Series 2005 Bond, all as provided in the Indenture. and anv Bonds issued
on a oaritv with the Series 2005 Bonds.
PROVIDED, HOWEVER, that if the Issuer, its successors or assigns, shall well and truly
pay, or cause to be paid, or make due provision for the payment of the principal or redemption
price of the Series 2005 Bonds issued and an y Bonds issued on a oaritv with the Series 2005
mia-r'I\1605253v@ II (S11l5165545.011l101l 2
Bonds, secured and Outstanding hereunder and the interest due or to become due thereon, at the
times and in the manner mentioned in such Series 2005 Bonds and the Indenture, according to
the true intent and meaning thereof and hereof, and the Issuer shall well and truly keep, perform
and observe all the covenants and conditions pursuant to the terms of the Indenture to be kept,
performed and observed by it, and shall payor cause to be paid to the Trustee all sums of money
due or to become due to it in accordance with the terms and provisions hereof, then upon such
final payments this First Supplemental Indenture and the rights hereby granted shall cease and
terminate, otherwise this First Supplemental Indenture to be and remain in full force and effect.
mia-fs111605251v tgI-]! Ii/05Ifi.1545.11 IIJ I 1111
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ARTICLE I
DEFINITIONS
In this First Supplemental Indenture capitalized terms used without definition shall have
the meanings ascribed thereto in the Master Indenture and, in addition, the following terms shall
have the meanings specified below, unless otherwise expressly provided or unless the context
otherwise requires:
"Acquisition Agreement" shall mean one or more improvement acquisition agreements
relating to the Project, between the Developer and the Issuer.
"Arbitrage Certificate" shall mean that certain Arbitrage Certificate, including arbitrage
rebate covenants, of the Issuer, dated as of [CLOSING DA TEl, 2005, relating to certain
restrictions on arbitrage under the Code.
"Assessment Resolutions" shall mean Resolutions 2004-15, 2004-16, and 2004-18 of the
Issuer dated July 7, 2004, July 7,2004, and September 9, 2004, as amended and supplemented
from time to time.
"Authorized Denomination" shall mean, with respect to the Series 2005 Bonds, initially
minimum denominations of $100,000 and any integral multiple of $5,000 in excess thereof, and
thereafter, denominations of $5,000 and any integral multiple thereof.
"Capitalized Interest" shall mean interest due or to become due on the Series 2005A
Bonds and the Series 2005B Bonds, which will be paid, or is expected to be paid, from the
proceeds of the Series 2005A Bonds and the Series 2005B Bonds, respectively.
"Completion Agreement" shall mean the Completion Agreement dated as of the date
hereof betweenamong the District. Treviso Bav Develooment. LLC. and ~VK Holdings
Treviso Bay Golf Course, LLC, as such agreement may be modified from time to time.
"Continuing Disclosure Agreement" shall mean the continuing disclosure agreement for
the benefit of the owners of the Series 2005A Bonds and the Series 2005B Bonds, to be entered
into between the Issuer, the Developer, and Prager, Sealy & Co., LLC, as dissemination agent,
each dated as of July 1, 20CB-,rDOCUMENT DATE1, in connection with the issuance of the
Series 2005 Bonds.
"Debt Service Reserve Requirement" shall mean, (a) at the time of issuance, (i) with
respect to the Series 2005A Bonds, an amount equal to the least of (A) the maximum annual
Debt Service Requirement for the Outstanding Series 2005A Bonds, (B) 125% of the average
annual Debt Service Requirement for Outstanding Series 2005A Bonds, and (C) 10% of the
original stated principal amount (within the meaning of the Code) of the Series 2005A Bonds
($ , an amount equal to % of the initial principal amount of the Series 2005A
Bonds, which is the maximum annual Debt Service Requirement for the Outstanding Series
2005A Bonds shall constitute the initial Debt Service Reserve Requirement for the Series 2005A
Bonds) and (ii) with respect to the Series 2005B Bonds, an amount equal to six months of
interest on the Series 2005B Bonds; (b) at any time after the date of initial issuance, (i) with
respect to the Series 2005A Bonds, the Series 2005A Reserve Account Percentage times the
Deemed Outstanding Series 2005A Bonds; provided, however, that subsequent to the date on
which the Series 2005A Bonds have received an Investment Grade Rating or the date on which
mia-fsl\l nl)52_\3v~\]j ~()5\n5\45_{)I{)III{)
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the Series 2005A Special Assessments have been Substantially Absorbed, in each case as h aIL
evidenced by a certificate to such effect delivered to the Trustee by an ^uthorizedResoonsiQl~
Officer of the Issuer on which the Trustee may conclusively rely, the Debt Service Reserve
Requirement for the Series 2005A Bonds shall mean 50% of the maximum annual Debt Service
Requirement for the Outstanding Series 2005A Bonds Deemed Outstanding and (ii) with respect
to the Series 2005B Bonds, the Series 2005B Reserve Account Percentage times the Deemed
Outstanding Series 2005B Bonds. Notwithstanding the foregoing, in no event shall the Debt
Service Reserve Requirement with respect to the Series 2005 Bonds exceed an amount equal to
the least of (i) the maximum annual Debt Service Requirement for the Outstanding Series 2005
Bonds, (ii) 125% of the average annual Debt Service Requirement for Outstanding Series 2005
Bonds, and (iii) 10% of the original stated principal amount (within the meaning of the Code) of
the Series 2005 Bonds. If at any time it is necessary to reduce the amounts in the Series 2005A
Debt Service Reserve Account and Series 2005B Debt Service Reserve Account as a result of the
preceding proviso, such accounts shall be reduced on a pro-rata basis.
"Deemed Outstanding" shall mean (a) with respect to the Series 2005A Bonds, (i) the
aggregate Outstanding principal amount of the Series 2005A Bonds (ii) reduced by the result of
dividing (A) the amount on deposit in the 2005A Prepayment Subaccount in the 2005A
Redemption Account by (B) 1 minus the Series 2005A Reserve Account Percentage and (Hi)
increased by the amount of excess from the Series 2005A Reserve Account to be used to pay
Deferred Costs; and (b) with respect to the Series 2005B Bonds, (i) the aggregate Outstanding
principal amount of the Series 2005B Bonds and (ii) reduced by the result of dividing (A) the
amount on deposit in the 2005B Prepayment Subaccount in the 2005B Redemption Account by
(B) 1 minus the Series 2005B Reserve Account Percentage.
"Defeasance Securities" shall mean, with respect to the Series 2005 Bonds, to the extent
permitted by law, (a) cash deposits (insured at all times by the Federal Deposit Insurance
Corporation or otherwise collateralized with obligations described in clause (b) hereof), and (b)
direct obligations of the United States of America (including obligations issued or held in book
entry form on the books of the Department of Treasury), which are non-callable and non-
prepayable.
"Deferred Costs" shall mean the Costs of the Project which have not been paid from the
proceeds of a Series of Bonds and which are identified by the District to the Trustee in writing as
having been advanced under an Acquisition Agreement or any other contract or agreement
pursuant to which the District may become obligated to pay for Costs of the Project from a
Series of Bonds, which payments shall be subordinate to the payment of principal and interest on
the Bonds. Notwithstanding the foregoing, Deferred Costs shall not be due and payable while
the Developer is in default under the Completion Agreement.
"Deferred Costs Subaccount" shall mean the Subaccount so designated, established as a
separate account within the Series 2005 Acquisition and Construction Account pursuant to
Section 4.0 I (a) of this First Supplemental Indenture.
"Developer" shall mean collectively or individually as the context requires, tV K~
HHhtff-f~~'T-Treviso BaYc--l--J_~~ Develooment. LLC, a Delaware limited liabilitv comoanv, and VK
Holdings Treviso Bay Golf Course, LLC f, t:'rkll a Florida limited liability company, and any
entity which succeeds to all or any part of the interests and assumes any or all of the
responsibilities of said ,';,ff1entities, as :1.' master developer of the District Lands'C;+"t'lfHt",l';
mia-fsIlIW5251v@]j ~l)5\n\_\4\.l)101O{)
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Obligations" shall mean direct obligations of, or obligations the payment of principal of and
interest OR which are unconditionally guaranteed by, the United States of America.
"Indenture" shall mean collectively, the Master Indenture and this First Supplemental
Indenture.
"Interest Payment Date" shall mean May 1 and November 1 of each year, commencing
November 1, 2005.
"Investment Grade Rating" shall mean a rating on the Series 2005A Bonds of at least
"BBB-," "Baa3," or "BBB-," by S&P, Moody's, or Fitch, respectively.
"Investment Securities" shall mean and includes any of the following securities, if and to
the extent that such securities are legal investments for funds of the District:
(i) Government Obligations;
(ii) obligations of the Government National Mortgage Association (including
participation certificates issued by such Association);
(iii) obligations of the Federal National Mortgage Association (including participation
certificates issued by such Association);
(iv) obligations of Federal Home Loan Banks;
(v) deposits, Federal funds or bankers' acceptances (with term to maturity of 270
days or less) of any bank which has an unsecured, uninsured and unguaranteed obligation rated
in one of the top two rating categories by both Moody's and S&P;
(vi)
and S&P;
commercial paper rated in the top two rating cntegorycategories by both Moody's
(vii) obligations of any state of the United States or political subdivision thereof or
constituted authority thereof the interest on which is exempt from federal income taxation under
Section 103 of the Code and rated in one of the top two rating categories by both Moody's and
S&P;
(viii) both (A) shares of a diversified open-end management investment company (as
defined in the Investment Company Act of 1940) or a regulated investment company (as defined
in Section 851(a) of the Code) that is a money market fund that is rated in the highest rating
category by both Moody's and S&P, and (B) shares of money market mutual funds that invest
only in Government Obligations and repurchase agreements secured by such obligations, which
funds are rated in the highest categories for such funds by both Moody's and S&P;
(ix) repurchase agreements, which will be collateralized at the onset of the repurchase
agreement of at least 103% marked to market weekly with Collateral with a domestic or foreign
bank or corporation (other than life or property casualty insurance company) the long-term debt
of which, or, in the case of a financial guaranty insurance company, claims paying ability, of the
guarantor is rated at least "AA" by S&P and "A a" by Moody's provided that the repurchase
agreement shall provide that if during its term the provider's rating by either S&P or Moody's
falls below "AA-" or "Aa3," respectively, the provider shall immediately notify the Trustee and
mia-fsl\l nl)5251v~\lJ ~l)_\\o.\_\4\_1I101O{)
6
the provider shall at its option, within ten days of receipt of publication of such down~ra:' 11
either (A) maintain Collateral at levels, sufficient to maintain an "AA" rated investment from
S&P and an "A a" rated investment from Moody's, or (B) repurchase all Collateral and terminate
the repurchase agreement. Further, if the provider's rating by either S&P or Moody's falls below
"A-" or "A3," respectively, the provider must at the direction of the Issuer to the Trustee, within
ten (10) calendar days, either (I) maintain Collateral at levels sufficient to maintain an "AA"
rated investment from S&P and an "Aa" rated investment from Moody's, or (2) repurchase all
Collateral and terminate the repurchase agreement without penalty. In the event the repurchase
agreement provider has not satisfied the above conditions within ten (10) days of the date such
conditions apply, then the repurchase agreement shall provide that the Trustee shall be entitled
to, and in such event, the Trustee shall withdraw the entire amount invested plus accrued interest
within two (2) Business Days. Any repurchase agreement entered into pursuant to this Indenture
shall contain the following additional provisions:
(1) Failure to maintain the requisite Collateral percentage will reqUIre the
District efQr the Trustee to liquidate the Collateral as provided above;
(2) The Holder of the Collateral, as hereinafter defined, shall have possession
of the Collateral or the Collateral shall have been transferred to the Holder of the Collateral, in
accordance with applicable state and federal laws (other than by means of entries on the
transferrortransferor's books);
(3) The repurchase agreement shall state and an opinion of Counsel in form
and in substance satisfactory to the Trustee shall be rendered that the Holder of the Collateral has
a perfected first priority security interest in the collateral, any substituted Collateral and all
proceeds thereof (in the case of bearer securities, this means the Holder of the Collateral is in
possession);
(4) The repurchase agreement shall be a "repurchase agreement" as defined in
the United States Bankruptcy Code and, if the provider is a domestic bank, a "qualified financial
contract" as defined in the Financial Institutions Reform, Recovery and Enforcement Act of 1989
("FIRREA") and such bank is subject to FIRREA;
(5) The repurchase transaction shall be in the form of a written agreement,
and such agreement shall require the provider to give written notice to the Trustee of any change
in its long-term debt rating;
(6) The Issuer or its designee shall represent that it has no knowledge of any
fraud involved in the repurchase transaction;
(7) The Issuer and the Trustee shall receive the opinion of Counsel (which
opinion shall be addressed to the Issuer and the Trustee and shall be in form and substance
satisfactory to the Trustee) that such repurchase agreement complies with the terms of this
section and is legal, valid, binding and enforceable upon the provider in accordance with its
terms;
(8) The term of the repurchase agreement shall be no longer than ten years;
(9) The interest with respect to the repurchase transaction shall be payable no
less frequently than quarterly;
mia.fslllnO.\2j3v '@]j ~Ojlfijj45_01ll100
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(10) The repurchase agreement shall provide that the Trustee may withdraw
funds without penalty at any time, or from time to time, for any purpose permitted or required
under this Indenture;
(11) Any repurchase agreement shall provide that a perfected security interest
in such investments is created for the benefit of the Beneficial Owners under the Uniform
Commercial Code of Florida, or book-entry procedures prescribed at 31 C.P.R. 306.1 et seq. or
31 C.F.R. 350.0 et seq. are created for the benefit of the Beneficial Owners; and
(12) The Collateral delivered or transferred to the Issuer, the Trustee, or a third-
party acceptable to, and acting solely as agent for, the Trustee (the "Holder of the Collateral")
shall be delivered and transferred in compliance with applicable state and federal laws (other
than by means of entries on provider's books) free and clear of any third-party liens or claims
pursuant to a custodial agreement subject to the prior written approval of the majority of the
Holders and the Trustee. The custodial agreement shall provide that the Trustee must have
disposition or control over the Collateral of the repurchase agreement, irrespective of an event of
default by the provider of such repurchase agreement.
If such investments are held by a third-party, they shall be held as agent for the benefit of
the Trustee as fiduciary for the Beneficial Owners and not as agent for the bank serving as
Trustee in its commercial capacity or any other party and shall be segregated from securities
owned generally by such third party or bank;
(x) any other investment approved in wntmg by the Owners of a majority.m
aggregate principal amount of the Bonds secured thereby;
(xi) bonds, notes and other debt obligations of any corporation organized under the
laws of the United States, any state or organized territory of the United States or the District of
Columbia, if such obligations are rated in one of the three highest ratings by both Moody's and
S&P or in one of the two highest categories by either S&P or Moody's; and
(xii) investment agreements with a bank, insurance company or other financial
institution, or the subsidiary of a bank, insurance company or other financial institution if the
parent guarantees the investment agreement, which bank, insurance company, financial
institution or parent has an unsecured, uninsured and unguaranteed obligation (or claims-paying
ability) rated in the highest short-term rating category by Moody's or S&P (if the term of such
agreement does not exceed 365 days), or has an unsecured, uninsured and unguaranteed
obligation (or claims paying ability) rated by at least 2 national rating agencies with a minimum
rating of Aa2, AA or AA by Moody's, S&P or Fitch, respectively (if the term of such agreement
is more than 365 days) or is the lead bank of a parent bank holding company with an uninsured,
unsecured and unguaranteed obligation of the aforesaid ratings, provided:
(A) interest is paid at least quarterly at a fixed rate (subject to adjustments for
yield restrictions required by the Code) during the entire term of the agreement;
(B) moneys invested thereunder may be withdrawn without penalty, premium,
or charge upon not more than two days' notice unless otherwise specified in a Supplemental
Indenture;
(C) the same guaranteed interest rate will be paid on any future deposits made
to restore the account to its required amount; and
mia-fslll605251v -@ -]j ~1I5\6\54\.1)10111I)
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(D) the Trustee receives an OpInIOn of counsel that such agreement IS an
enforceable obligation of such insurance company, bank, financial institution or parent;
(E) in the event of a suspension, withdrawal. or downgrade below Aa3, AA-
or AA- by Moody's, S&P or Fitch, respectively, the provider shall immediately notify the
Trustee and the provider shall at its option. within five (5) days of receipt of publication of such
downgrade, either, at the choice of the Provider:
( 1) collateralize the agreement at levels, sufficient to maintain an
"AA" rated investment from S&P and an "Aa2" from Moody's with a market to market
approach, or
(2) assign the agreement to another provider, as long as the minimum
rating criteria of "AN' rated investment from S&P and an "Aa2" from Moody's with a market to
market approach or
District.
(3) have the agreement guaranteed by a Provider acceptable to the
(F) in the event of a suspension, withdrawal, or downgrade below A3, A- or
A- by Moody's, S&P or Fitch, respectively, the provider must, at the direction of the District or
the Trustee, within five (5) days of receipt of such direction, repay the principal of and accrued
but unpaid interest on the investment in either case with no penalty or premium to the District or
Trustee. In the event the Provider has not satisfied the above condition with five (5) days of the
date such conditions apply, then the agreement shall provide that the Trustee shall be entitled to,
and in such event, the Trustee shall withdraw the entire amount invested plus accrued interest
within two (2) Business days.
(xiii) bonds, notes and other debt obligations of any corporation organized under the
laws of the United States, any state or organized territory of the United States or the District of
Columbia, if such obligations are rated in one of the three highest ratings by both Moody's and
S&P or in one of the two highest categories by either S&P or Moody's;
(xiv) the Local Government Surplus Funds Trust Fund as described in Florida Statutes,
Section 218.405 or the corresponding provisions of subsequent laws provided that such fund is
rated at least "AA" by S&P (without regard to gradation) or at least "A a" by Moody's (without
regard to gradation); and
(xv) other investments permitted by Florida law.
Under all circumstances, the Trustee shall be entitled to request and to receive from the
Issuer a certificate of an Aunh+ft+.eJResoonsible Officer setting forth that any investment
directed by the Issuer is permitted under the Indenture.
"Master Indenture" shall mean the Master Trust Indenture, dated as of J++h-~,
20o"'-:-rDOCUMENT DA TEl, by and between the Issuer and the Trustee, as supplemented and
amended with respect to matters pertaining solely to the Master Indenture or the Series 2005
Bonds (as opposed to supplements or amendments relating to Series of Bonds other than the
Series 2005 Bonds as specifically defined in this First Supplemental Indenture).
mia-fsII1611\251v. '@.]j ~05\6554.\.OIIlIOIl
9
1
"Paying Agent" shall mean Wachovia Bank, National Association, and its successors and
assigns as Paying Agent hereunder.
"Pledged Revenues" shall mean with respect to the Series 2005 Bonds (a) all revenues
received by the Issuer from Special Assessments levied and collected on the District Lands
benefited by the Series 2005 Project, including, without limitation, amounts received from any
foreclosure proceeding for the enforcement of collection of such Special Assessments or from
the issuance and sale of tax certificates with respect to such Special Assessments, and (b) all
moneys on deposit in the Funds and Accounts established under the Indenture; provided,
however, that Pledged Revenues shall not include (A) any moneys transferred to the Rebate
Fund, or investment earnings thereon and (B) "special assessments" levied and collected by the
Issuer under Section 190.022 of the Act for maintenance purposes or "maintenance special
assessments" levied and collected by the Issuer under Section 190.021(3) of the Act (it being
expressly understood that the lien and pledge of the Indenture shall not apply to any of the
moneys described in the foregoing clauses (A) and (B) of this proviso).
"Prepayment" shall mean the payment by any owner of property of the amount of Special
Assessments encumbering its property, in whole or in part, prior to its scheduled due date,
including optional prepayments and prepayments which become due pursuant to the "true-up"
mechanism contained in the Assessment Resolutions. "Prepayments" shall include, without
limitation, Series 2005A Prepayment Principal and Series 2005B Prepayment Principal.
"Registrar" shall mean Wachovia Bank, National Association, and its successors and
assigns as Registrar hereunder.
"Regular Record Date" shall mean the fifteenth day (whether or not a Business Day) of
the calendar month next preceding each Interest Payment Date.
"Resolution" shall mean, collectively, (i) Resolution 2004-17 of the Issuer dated July 7,
2004, pursuant to which the Issuer authorized the issuance of not exceeding $100,000,000
aggregate principal amount of its special assessment bonds to finance the acquisition and
construction of the Project, and (ii) Resolution 2005-_ of the Issuer dated , 2005,
pursuant to which the Issuer authorized the issuance of the Series 2005A Bonds in an aggregate
principal amount not to exceed $ and the Series 2005B Bonds in an aggregate
principal amount not to exceed $ , to finance the costs of the Series 2005 Project,
specifying the details of the Series 2005 Bonds and delegating authority to the Chairman to
award and sell the Series 2005 Bonds.
"Quarterly Redemption Date" shall mean each February 1, May 1, August 1 and
November 1.
"Series 2005 Acquisition and Construction Account" shall mean the Account so
designated, established as a separate account within the Acquisition and Construction Fund
pursuant to Section 4.01(a) of this First Supplemental Indenture.
"Series 2005 Bond Redemption Fund" shall mean the Series 2005 Bond Redemption
Fund established pursuant to Section 4.0l(g) of this First Supplemental Indenture.
"Series 2005 Bonds" shall mean the Series 2005A Bonds and the Series 2005B Bonds.
mi;-fsl\lfilJ52.~lv .~\]j .~05\n5545'<110l1I1I
10
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"Series 2005 Interest Account" shall mean the Account so designated, established as a
separate account within the Debt Service Fund pursuant to Section 4.01 (d) of this First
Supplemental Indenture.
"Series 2005 Principal Account" shall mean the Account so designated, established as a
separate account within the Debt Service Fund pursuant to Section 4.0l(c) of this First
Supplemental Indenture.
"Series 2005 Project" shall mean the planning, financing, acquisition, construction,
equipping and installation of roadway improvements, a stormwater management system,
landscaping, water and sewer facilities, irrigation system, wetland mitigation and off-site
improvements pursuant to the Act for the special benefit of the District Lands as further
described in Exhibit A hereto and which comprise a portion of the Project.
"Series 2005 Revenue Account" shall mean the Account so designated, established as a
separate account within the Revenue Fund pursuant to Section 4.0l(b) of this First Supplemental
Indenture.
"Series 2005A Bonds" shall mean the $[PRINCIPAL AMOUNT Al aggregate principal
amount of Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005A, to be issued as fully registered bonds in accordance
with the provisions of the Master Indenture and this First Supplemental Indenture, and secured
and authorized by the Master Indenture and this First Supplemental Indenture.
"Series 2005A Capitalized Interest Subaccount" shall mean the subaccount so designated,
established as a separate subaccount within the Series 2005 Interest Account of the Debt Service
Fund pursuant to Section 4.01 (d) of this First Supplementallndenture.
"Series 2005A Debt Service Reserve Account" shall mean the Account so designated,
established as a separate account within the Debt Service Reserve Fund pursuant to Section
4.01 (f) of this First Supplemental Indenture.
"Series 2005A General Account" shall mean the account so designated, established as a
separate account under the Series 2005 Bond Redemption Fund pursuant to Section 4.01 (g) of
this First Supplemental Indenture.
"Series 2005A Interest Subaccount" shall mean the account so designated, established as
a separate subaccount under the Series 2005 Interest Account pursuant to section 4.01(d) of this
First Supplemental Indenture.
"Series 2005A Prepayment Account" shall mean the account so designated, established
as a separate account under the Series 2005 Bond Redemption Fund pursuant to Section 4.0l(g)
of this First Supplemental Indenture.
"Series 2005A Prepayment Principal" shall mean the portion of a Prepayment
corresponding to the principal amount of Series 2005A Special Assessments being prepaid.
"Series 2005A Principal Subaccount" shall mean the subaccount so designated,
established as a separate subaccount under the Series 2005 Principal Account pursuant to Section
4.01 (d) of the First Supplemental Indenture.
mia-fsl\IW<;251v~..y .~O<;\65<;4\JIIOIOO
11
1
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"Series 2005A Reserve Account Percentage" shall mean the result of dividing (i) the
Series 2005A Reserve Account Requirement on the date of initial issuance and delivery of the
Series 2005A Bonds ($ ) by (ii) the initial Outstanding aggregate principal amount of
the Series 2005A Bonds, which equals ( %); provided, however, that subsequent to
the date on which the Series 2005 Bonds have received an Investment Grade Rating or the date
on which the Series 2005 Assessments have been Substantially Absorbed, in each case as
evidenced by a certificate to such effect delivered to the Trustee from un Authorized~
Resoonsible Officer on which the Trustee may conclusively rely, the Series 2005A Reserve
Account Percentage shall mean the result of dividing 50% of the Maximum ,\nnualmaximum
annual Debt Service Requirement by the then-fDeemedl Outstanding principal amount of the
Series 2005A Bonds, but only if the amount so determined is less than the amount determined in
the preceding clause.
"Series 2005A Revenue Subaccount" shall mean the subaccount so designated,
established as a separate subaccount within the Series 2005 Revenue Account pursuant to
Section 4.01 (b) of this First Supplemental Indenture.
"Series 2005A Sinking Fund Account" shall mean the Account so designated, established
as a separate account within the Debt Service Fund pursuant to Section 4.01(e) of this First
Supplemental Indenture.
"Series 2005A Special Assessments" shall mean a portion of the Special Assessments
levied, corresponding in amount to the debt service on the Series 2005A Bonds.
"Series 2005B Bonds" shall mean the $[PRINCIP AL AMOUNT B] aggregate principal
amount of Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B, to be issued as fully registered Bonds in accordance
with the provisions of the Master Indenture and this First Supplemental Indenture, and secured
and authorized by the Master Indenture and this First Supplemental Indenture.
"Series 2005B Capitalized Interest Subaccount" shall mean the subaccount so designated,
established as a separate subaccount within the Series 2005 Interest Account of the Debt Service
Fund pursuant to Section 4.01 (d) of this First Supplemental Indenture.
"Series 2005B Debt Service Reserve Account" shall mean the account so designated,
established as a separate account within the Debt Service Reserve Fund pursuant to Section
4.01 (f) of this First Supplemental Indenture.
"Series 2005B General Account" shall mean the Account so designated, established as a
separate account within the Series 2005 Bond Redemption Fund pursuant to Section 4.0l(g) of
this First Supplemental Indenture.
"Series 2005B Interest Subaccount" shall mean the subaccount so designated, established
as a separate subaccount within the Series 2005 Interest Account pursuant to Section 4.0l(d) of
the First Supplemental Indenture.
"Series 2005B Prepayment Account" shall mean the account so designated, established as
a separate account under the Series 2005 Bond Redemption Fund pursuant to section 4.01(g) of
this First Supplemental Indenture.
mi.-fsJ\lno.\253v~\]j ~1l5\65\45.1l 1Il1lli)
12
1611
"Series 2005B Prepayment Principal" shall mean the portion of a Prepayment
corresponding to the principal amount of Series 2005B Special Assessments being prepaid.
"Series 2005B Principal Subaccount" shall mean the Account so designated, established
as a separate subaccount under the Series 2005 Principal Account pursuant to section 4.01(d) of
this First Supplemental Indenture.
"Series 2005B Reserve Account Percentage" is defined to mean the result of dividing (i)
the Series 2005B Reserve Account Requirement on the date of initial issuance and delivery of
the Series 2005B Bonds ($ ) by (ii) the initial Outstanding aggregate principal
amount of the Series 2005B Bonds, which equals ( %).
"Series 2005B Revenue Subaccount" shall mean the subaccount so designated,
established as a separate subaccount within the Series 2005 Revenue Account pursuant to
Section 4.01 (b) of this First Supplemental Indenture.
"Series 2005B Special Assessments" shall mean a portion of the Special Assessments
levied, corresponding in amount to the debt service on the Series 2005B Bonds.
"Special Assessments" shall mean the non-ad valorem special assessments levied by the
Issuer against developable acreage within the District Lands specially benefited by the Series
2005 Project or any portion thereof, pursuant to Section 190.022, Florida Statutes, as amended,
and the Assessment Resolutions, and shall include the Series 2005A Special Assessments and the
Series 2005B Special Assessments.
"Substantially Absorbed" shall mean the date on which a principal amount of the Series
2005A Special Assessments equaling at least 75% of the then Outstanding principal amount of
the Series 2005A Bonds are levied on the District Lands with respect to which a certificate of
occupancy has been issued for a structure thereon.
The words "hereof', "herein", "hereto", "hereby", and "hereunder" (except in the forms
of Series 2005 Bonds), refer to the entire Indenture.
Every "request", "requisition", "order", "demand", "application", "notice", "statement",
"certificate", "consent", or similar action hereunder by the Issuer shall, unless the form or
execution thereof is otherwise specifically provided, be in writing signed by the Chairman or
Vice Ch~~irman ~~ncl the Trea~;urer or ^~;si~;tant Trca~;urer or the SCEfetary or /\:;si~;tant Secrct-a-fy
&F~ Responsible Officer of the Issuer.
All words and terms importing the singular number shall, where the context requires,
import the plural number and vice versa.
[End of Article Il
mia-fsllln05253v. ,~\]j', 'llIIl5\65545.1l101IK1
13
'l~
ARTICLE II
THE SERIES 2005 BONDS
SECTION 2.01. Amounts and Terms of Series 2005 Bonds; Issue of Series 2005
Bonds. No Series 2005 Bonds may be issued under this First Supplemental Indenture except in
accordance with the provisions of this Article and Articles II and III of the Master Indenture.
(a) The total principal amount of Series 2005A Bonds that may be issued under this
First Supplemental Indenture (exclusive of Bonds issued to comolete the Series 2005 Proiect or
to refund all or a oortion of the Series 2005A Bonds) is expressly limited to $ . The
Series 2005A Bonds shall be numbered consecutively from AR-l and upwards.
(b) The total principal amount of Series 2005B Bonds that may be issued under this
First Supplemental Indenture (exclusive of Bonds issued to comolete the Series 2005 Proiect or
to refund all or a oortion of the Series 2005A Bonds) is expressly limited to $ . The
Series 2005B Bonds shall be numbered consecutively from BR-1 and upwards.
(c) Any and all Series 2005 Bonds shall be issued substantially in the form attached
hereto as Exhibit B or Exhibit C, as the case may be, with such appropriate variations, omissions
and insertions as are permitted or required by the Indenture and with such additional changes as
may be necessary or appropriate to conform to the provisions of the Resolution. The Issuer shall
issue the Series 2005 Bonds upon execution of this First Supplemental Indenture and satisfaction
ofthe requirements of Section 3.01 of the Master Indenture; and the Trustee shall, at the Issuer's
request, authenticate such Series 2005 Bonds and deliver them as specified in the request.
SECTION 2.02. Execution. The Series 2005 Bonds shall be executed by the Issuer
as set forth in the Master Indenture.
SECTION 2.03. Authentication. The Series 2005 Bonds shall be authenticated as
set forth in the Master Indenture. No Series 2005 Bond shall be valid until the certificate of
authentication shall have been duly executed by the Trustee, as provided in the Master Indenture.
SECTION 2.04. Purpose, Designation and Denominations of, and Interest Accruals
on, the Series 2005 Bonds.
(a) The Series 2005A Bonds are being issued hereunder in order to provide funds (i)
for the payment of a portion of the costs of the Series 2005 Project, (ii) for the payment of
interest on the Series 2005A Bonds through November 1, 2006, (iii) to fund the Series 2005A
Debt Service Reserve Account, and (iv) to pay a portion of the costs of issuance of the Series
2005 Bonds. The Series 2005A Bonds shall be designated "Wentworth Estates Community
Development District (Collier County, Florida) Special Assessment Bonds, Series 2005A", and
shall be issued as fully registered bonds without coupons in Authorized Denominations.
(b) The Series 2005B Bonds are being issued hereunder iIi order to provide funds (i)
for the payment of a portion of the costs of the Series 2005 Project, (ii) for the payment of
interest on the Series 2005B Bonds through November 1, 2006, (iii) to fund the Series 2005B
Debt Service Reserve Account, and (iv) to pay a portion of the costs of issuance of the Series
2005 Bonds. The Series 2005B Bonds shall be designated "Wentworth Estates Community
Development District (Collier County, Florida) Special Assessment Bonds, Series 2005B", and
shall be issued as fully registered bonds without coupons in Authorized Denominations.
mia-fsIIJn052.\3v ~\.]j' ~n.\\M545.IIJOIIHI 14
16/1
(c) The Series 2005 Bonds shall be dated July 1, 2005.rDOCUMEIIT DATE],
Interest on the Series 2005 Bonds shall be payable on each Interest Payment Date to maturity or
prior redemption. Interest on the Series 2005 Bonds shall be payable from the most recent
Interest Payment Date next preceding the date of authentication thereof to which interest has
been paid, unless the date of authentication thereof is a May 1 or November 1 to which interest
has been paid, in which case from such date of authentication, or unless the date of
authentication thereof is prior to November 1, 2005, in which case from July 1,
~rDOCUMENT DA TEl. or unless the date of authentication thereof is between a Record
Date and the next succeeding Interest Payment Date, in which case from such Interest Payment
Date.
(d) Except as otherwise provided in Section 2.07 of this First Supplemental Indenture
in connection with a book-entry-only system of registration of the Series 2005 Bonds, the
principal or Redemption Price of the Series 2005 Bonds shall be payable in lawful money of the
United States of America at the designated corporate trust office of the Paying Agent upon
presentation of such Series 2005 Bonds. Except as otherwise provided in Section 2.07 of this
First Supplemental Indenture in connection with a book-entry-only system of registration of the
Series 2005 Bonds, the payment of interest on the Series 2005 Bonds shall be made on each
Interest Payment Date to the Owners of the Series 2005 Bonds by check or draft drawn on the
Paying Agent and mailed on the applicable Interest Payment Date to each Owner as such Owner
appears on the Bond Register maintained by the Registrar as of the close of business on the
Regular Record Date, at his address as it appears on the Bond Register. Any interest on any
Series 2005 Bond which is payable, but is not punctually paid or provided for on any Interest
Payment Date (hereinafter called "Defaulted Interest") shall be paid to the Owner in whose name
the Series 2005 Bond is registered at the close of business on a Special Record Date to be fixed
by the Trustee, such date to be not more than fifteen (15) nor less than ten (10) days prior to the
date of proposed payment. The Trustee shall cause notice of the proposed payment of such
Defaulted Interest and the Special Record Date therefor to be mailed, first-class, postage-prepaid,
to each Owner of record as of the fifth (5th) day prior to such mailing, at his address as it appears
in the Bond Register not less than ten (10) days prior to such Special Record Date. The
foregoing notwithstanding, any Owner of Series 2005 Bonds in an aggregate principal amount of
at least $1,000,000 shall be entitled to have interest paid by wire transfer to such Owner to the
bank account number on file with the Paying Agent, upon requesting the same in a writing
received by the Paying Agent at least fifteen (15) days prior to the relevant Interest Payment
Date, which writing shall specify the bank, which shall be a bank within the continental United
States, and bank account number to which interest payments are to be wired. Any such request
for interest payments by wire transfer shall remain in effect until rescinded or changed, in a
writing delivered by the Owner to the Paying Agent, and any such rescission or change of wire
transfer instructions must be received by the Paying Agent at least fifteen (15) days prior to the
relevant Interest Payment Date.
mia.fsllIOO5253v' '~I7j .~1I516554.\.IIII1j(X)
15
['
SECTION 2.05.
Debt Service on the Series 2005 Bonds.
(a) The Series 2005A Bonds will mature on May 1,2036, and bear interest at the rate
of _ % per annum, subject to the right of prior redemption in accordance with their terms.
(b) The Series 2005B Bonds will mature on May 1,2015, and bear interest at the rate
of _ % per annum, subject to the right of prior redemption in accordance with their terms.
(c) Interest on the Series 2005 Bonds will be computed in all cases on the basis of a
360 day year of twelve 30 day months. Interest on overdue principal and, to the extent lawful,
on overdue interest will be payable at the numerical rate of interest borne by the Series 2005
Bonds on the day before the default occurred.
SECTION 2.06.
Disposition of Series 2005 Bond Proceeds.
(a)
Trustee,
From the proceeds of the Series 2005A Bonds received by the
(i) $ representing Capitalized Interest shall be
deposited in the Series 2005A Capitalized Interest Subaccount of the Series 2005
Interest Account of the Debt Service Fund,
(ii) accrued interest in the amount of $ shall be
deposited in the Series 2005A Interest Subaccount of the Series 2005 Interest
Account of the Debt Service Fund,
(iii) $ (which is an amount equal to the Debt Service
Reserve Requirement in respect of the Series 2005A Bonds) shall be deposited in
the Series 2005A Debt Service Reserve Account of the Debt Service Reserve
Fund, and
(iv) $ constituting all remaInIng proceeds of the
Series 2005A Bonds, shall be deposited in the Series 2005 Acquisition and
Construction Account of the Acquisition and Construction Fund to be applied in
accordance with Article V of the Master Indenture.
(b)
Trustee,
From the proceeds of the Series 2005B Bonds received by the
(i) $ representing Capitalized Interest shall be
deposited in the Series 2005B Capitalized Interest Subaccount of the Series 2005
Interest Account of the Debt Service Fund,
(ii) accrued interest in the amount of $ shall be
deposited in the Series 2005B Interest Subaccount of the Series 2005 Interest
Account of the Debt Service Fund,
(iii) $ (which is an amount equal to the Debt
Service Reserve Requirement In respect of the Series 2005B Bonds) shall be
mia-fslllnll5253v !fJI]j' liIO\ln5545.0JlIIOII
16
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16/1
deposited in the Series 2005B Debt Service Reserve Account of the Debt Service
Reserve Fund, and
(iv) $ constituting all remaining proceeds of the
Series 2005B Bonds, shall be deposited in the Series 2005 Acquisition and
Construction Account of the Acquisition and Construction Fund to be applied in
accordance with Article V of the Master Indenture.
SECTION 2.07. Book-Entry Form of Series 2005 Bonds. The Series 2005 Bonds
shall be issued as one fully registered bond per maturity of each series and deposited with The
Depository Trust Company, New York, New York ("DTC"), which is responsible for
establishing and maintaining records of ownership for its participants.
The Issuer and the Trustee shall enter into a letter of representations with DTC providing
for such book-entry-only system, in accordance with the provisions of Section 2.11 of the Master
Indenture. Such agreement may be terminated at any time by either DTC or the Issuer. In the
event of such termination, the Issuer shall select another securities depository. If the Issuer does
not replace DTC, the Trustee will register and deliver to the Beneficial Owners replacement
Series 2005 Bonds in the form of fully registered Series 2005 Bonds in accordance with the
instructions from Cede & Co.
SECTION 2.08. Appointment of Registrar and Paving Agent. The Issuer shall keep,
at the designated corporate trust office of the Registrar, books (the "Bond Register") for the
registration, transfer and exchange of the Series 2005 Bonds, and hereby appoints Wachovia
Bank, National Association as its Registrar to keep such books and make such registrations,
transfers, and exchanges as required hereby. Wachovia Bank, National Association hereby
accepts its appointment as Registrar and its duties and responsibilities as Registrar hereunder.
Registrations, transfers and exchanges shall be without charge to the Bondholder requesting such
registration, transfer or exchange, but such Bondholder shall pay any taxes or other
governmental charges on all registrations, transfers and exchanges.
The Issuer hereby appoints Wachovia Bank, National Association as Paying Agent for
the Series 2005 Bonds. Wachovia Bank, National Association hereby accepts its appointment as
Paying Agent and its duties and responsibilities as Paying Agent hereunder.
mia-fs1l161l5253v .~\..]j .~O.\\n.\.\4\.IlIllIlX)
17
oR" ':~
ARTICLE III
REDEMPTION OF SERIES 2005 BONDS
SECTION 3.01. Redemption Dates and Prices. The Series 2005 Bonds shall be
subject to redemption at the times and in the manner provided in Article VIII of the Master
Indenture and in this Article III. All payments of the Redemption Price of the Series 2005 Bonds
shall be made on the dates hereinafter required. If less than all the Series 2005 Bonds are to be
redeemed pursuant to an extraordinary mandatory redemption, the Trustee shall select the Series
2005 Bonds or portions of the Series 2005 Bonds to be redeemed as provided in this Section
3.01. Partial redemptions of Series 2005 Bonds shall be made in such a manner that the
remaining Series 2005 Bonds held by each Bondholder shall be in Authorized Denominations,
except for the last remaining Series 2005 Bond of each series.
(a) Optional Redemption.
(i) Series 2005A Bonds. The Series 2005A Bonds may, at the option of the
Issuer be called for redemption prior to maturity as a whole or in part at any time on or after May
1, 20_ (less than all Series 2005A Bonds to be selected by lot), at the Redemption Prices
(expressed as percentages of principal amount) set forth in the following table plus accrued
interest from the most recent Interest Payment Date to the redemption date:
Redemption Periods
(Dates Inclusive)
Redemption
Prices
May 1, 20_ through April 30, 20_
May 1, 20_ and thereafter
%
%
(ii) Series 2005B Bonds. The Series 2005B Bonds are not subject to
redemption prior to maturity at the option of the Issuer.
(b) Extraordinary Mandatory Redemption in Whole or in Part. The Series 2005
Bonds are subject to extraordinary mandatory redemption prior to maturity by the Issuer in
whole, on any date, or in part, with respect to the Series 2005A Bonds, on any Interest Payment
Date and, with respect to the Series 2005B Bonds, on any Quarterly Redemption Date, at an
extraordinary mandatory redemption price equal to 100% of the principal amount of the Series
2005 Bonds to be redeemed, plus interest accrued to the redemption date, as follows:
(i) from Series 2005A Prepayment Principal deposited into the Series
2005A Prepayment Account or, on each Quarterly Redemption Date, from Series
2005B Prepayment Principal deposited into the Series 2005B Prepayment
Account of the Series 2005 Bond Redemption Fund following the payment in
whole or in part of Special Assessments on any portion of the District Lands
specially benefited by the Series 2005 Project in accordance with the provisions
of Section 4.05(a) of this First Supplemental Indenture, including, with resoect to
the Series 2005B Bonds, excess moneys transferred from the Series 2005B Debt
Service Reserve Account to the Series 2005B Prepayment Account of the Series
2005 Bond Redemption Fund resulting from such Special Assessment
prepayments pursuant to Section 4.01 (f)(ii) of this First Supplemental Indenture.
mia-fslllnO\251vf):A.]} ~05\n5\45.1I11111111
18
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(ii) from moneys, if any, on deposit in the Series 2005A Accounts and
Subaccounts or Series 2005B Accounts and Subaccounts in the Series 2005 Funds
and Accounts (other than the Rebate Fund) sufficient to pay and redeem all
Deferred Costs and all Series 2005A Outstanding Bonds or all Series 2005B
Outstanding Bonds, as the case may beresoectivelv, and accrued interest thereon
to the redemption date or dates in addition to all amounts owed to Persons under
the Master Indenture.
(iii) on or after the Completion Date of the Series 2005 Project, (A) by
application of moneys remaining in the Series 2005 Acquisition and Construction
Account of the Acquisition and Construction Fund not reserved by the Issuer for
the payment of any remaining part of the Cost of the Series 2005 Project and/or
Deferred Costs, all of which shall be transferred first to the Series 2005B General
Account of the Series 2005 Bond Redemption Fund and, to the extent available
therefore, credited toward extinguishment of the Special Assessments and applied
toward the redemption of the Series 2005B Bonds until no Series 2005B Bonds
remain Outstanding, as described in Section 4.0l(a) hereof, and then to the Series
2005A General Account of the Series 2005 Bond Redemption Fund and, to the
extent available therefore, credited toward extinguishment of the Special
Assessments and applied toward the redemption of the Series 2005A Bonds, as
described in Section 4.0l(a) hereof, in accordance with the manner it has credited
such excess moneys toward extinguishment of Series 2005A Special Assessments
and/or Series 2005B Special Assessments, as applicable, which the Issuer shall
describe to the Trustee in writing; and (B) after November 1,2006, by application
of any moneys transferred from the Series 2005A Capitalized Interest Subaccount
or Series 2005B Capitalized Interest Subaccount pursuant to Section 4.0l(d) of
this First.. Supplemental Indenture, and applied by the Issuer toward the
redemption of the Series 2005AB Bonds until no Series 2005B Bonds remain
Outstanding and thereafter to the redemption of Series 2005A Bonds. [Trustee's
comment i~; th~'ct J redemption from Cap I will only take place after Nay 1,2006, I
assume becaLl:;e that will be the la~;t day on which they ,viII pay interest from it
and the redemption notice will not be sent OLlt 'cmtil then, In any case, we should
treat these as 2 sepan'cte redemptions they do not necessarily take pbce on the
same date,]
(iv) from excess moneys transferred from the Series 2005A Revenue
Subaccount tt-fl-Bor the Series 2005B Revenue Subaccount to the Series 2005A
awl-General Account or Series 2005B General A€€B8-tl-hAccount of the Series
2005 Bond Redemption Fund, respectively, in accordance with Section 6.03 of
the Master Indenture and Section 4.02 of this First Supplemental Indenture.
(v) from amounts on deposit in the Series 2005A Debt Service Reserve
Account or the Series 2005B Debt Service Reserve Account in excess of the Debt
Service Reserve Requirement for the Series 2005A Bonds or Series 2005B Bonds,
respectively, and transferred to the Series 2005A General Account or the Series
2005B General Account of the Series 2005 Bond Redemption Fund in accordance
with Section 6.05 of the Master Indenture and Section 4.0l(f)(i) or Section
4.0l(f)(ii)(B) hereof, as the case may be, to be used for the extraordinary
mandatory redemption of the Series 2005A Bonds or the Series 2005B Bonds~
resoectivel v.
m ia. fsl \ I 005253 v ~\" 7PW05\6554~. 0 I () I 011
19
f 1
(c) Mandatory Sinking Fund Redemption. The Series 2005A Bonds maturing on
May 1, 2036, are subject to mandatory redemption in part by the Issuer by lot prior to their
scheduled maturity from moneys in the Series 2005A Sinking Fund Account established under
the Indenture in satisfaction of applicable Amortization Installments at the Redemption Price of
100% of the principal amount thereof, without premium, together with accrued interest to the
date of redemption on May I of the years and in the principal amounts set forth below:
Year
(May 1)
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Principal
Amount
Year
(May 1)
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036*
Principal
Amount
* Maturity.
The Series 2005B Bonds are not subject to mandatory sinking fund redemption.
SECTION 3.02. Notice of Redemption. When required to redeem Series 2005
Bonds under any provision of this First Supplemental Indenture or directed to redeem Series
2005 Bonds by the Issuer, the Trustee shall give or cause to be given to Owners of the Series
2005 Bonds to be redeemed notice of the redemption, as set forth in Section 8.02 of the Master
Indenture.
[End of Article IlIl
mia.fsl\l fif)5251v~\]j ~1I5\n554,.IIII1IfHI
20
1 6 I ~l
J
ARTICLE IV
ESTABLISHMENT OF CERTAIN FUNDS AND ACCOUNTS;
ADDITIONAL COVENANTS OF THE ISSUER; PREPA YMENTS; REMOVAL OF
SPECIAL ASSESSMENT LIENS
SECTION 4.01.
Establishment of Certain Funds and Accounts.
(a) The Trustee shall establish a separate account within the Acquisition and
Construction Fund designated as the "Series 2005 Acquisition and Construction Account" and
therein a "Deferred Costs Subaccount". Proceeds of the Series 2005 Bonds shall be deposited
into the Series 2005 Acquisition and Construction Account in the amount set forth in Section
2.06 of this First Supplemental Indenture, together with any excess moneys transferred to the
Series 2005 Acquisition and Construction Account, and such moneys in the Series 2005
Acquisition and Construction Account shall be applied as set forth in Article V of the Master
Indenture and Sections 4.0l(a) and 3.0l(b)(Hi)(A) ofthis First Supplementallndenture.
Anything herein or in the Master Indenture to the contrary notwithstanding, until the
Deferred Costs are paid in full as evidenced by a certificate of the Issuer to such effect delivered
to the Trustee: (i) the Trustee shall not close the Deferred Costs Subaccount in the Series 2005
Acquisition and Construction Account; and (ii) the Trustee shall deposit into the Deferred Costs
Subaccount the amounts required to be so transferred pursuant to the provisions hereof which
amounts shall be held separate and apart from other amounts on deposit in the Series 2005
Acquisition and Construction Account, and shall, subject to the pledge of the Pledged Revenues,
including the amounts on deposit in such Subaccount to the payment of the Series 2005 Bonds,
be used to pay Deferred Costs. Deferred Costs shall be paid pursuant to the Acquisition
Agreement at the written direction of the Issuer, upon which written direction the Trustee may
conclusively rely as to all matters required to be established under the Acquisition Agreement or
hereunder in order for payment to be made therefor.
After the Date of Completion of the Series 2005 Project and after retaining in the Series
2005 Acquisition and Construction Account the amount, if any, of all remaining unpaid Costs of
the Series 2005 Project set forth in the Engineers' Certificate establishing such Date of
Completion, any funds remaining in the Series 2005 Acquisition and Construction Account shall
be transferred to and deposited into the Deferred Costs Subaccount to the extent of any accrued
but unpaid Deferred Costs, and the balance, if any, shall be transferred first into the Series 2005B
General Account of the Series 2005 Bond Redemption Fund and applied to the extraordinary
mandatory redemption of the Series 2005B Bonds, and if no Series ~2005B Bonds are
Outstanding, then to the Series 2005A General Account of the Series 2005 Bond Redemption
Fund and applied to the extraordinary mandatory redemption of the Series 2005A Bonds.
(b) Pursuant to Section 6.03 of the Master Indenture, the Trustee shall establish a
separate account within the Revenue Fund designated as the "Series 2005 Revenue Account",
and within such account the "Series 2005A Revenue Subaccount" and the "Series 2005B
Revenue Subaccount". Series 2005A Special Assessments (except for Prepayments of Series
2005A Special Assessments which shall be deposited in the Series 2005A Prepayment Account)
shall be deposited by the Trustee into the Series 2005A Revenue Subaccount and Series 2005B
Special Assessments (except for Prepayments of Series 2005B Special Assessments which shall
be deposited in the Series 2005B Prepayment Account) shall be deposited by the Trustee into the
mia-fslllnll5253v ~\ 1J~1l5\65545.ttllllllll 21
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Series 200SB Revenue Subaccount, both of which shall be applied as set forth in Article VI of
the Master Indenture and Section 4.02 of this First Supplemental Indenture.
(c) Pursuant to Section 6.04 of the Master Indenture, the Trustee shall establish a
separate account within the Debt Service Fund designated as the "Series 2005 Principal
Account", and within such account the "Series 200SA Principal Subaccount" and the "Series
2005B Principal Subaccount". Moneys shall be deposited into the Series 2005 Principal Account
as provided in Article VI of the Master Indenture and Section 4.02 of this First Supplemental
Indenture, and applied for the purposes provided therein.
(d) Pursuant to Section 6.04 of the Master Indenture, the Trustee shall establish a
separate account within the Debt Service Fund designated as the "Series 2005 Interest Account"
and within such Account, the "Series 200SA Interest Subaccount", the "Series 2005A
Capitalized Interest Subaccount", the "Series 2005B Interest Subaccount" and the "Series 2005B
Capitalized Interest Subaccount". Moneys deposited into the Series 2005 Interest Account
pursuant to the Master Indenture and Section 4.02 of this First Supplemental Indenture, shall be
applied for the purposes provided therein and as provided in Section 4.0l(d) of this First
Supplemental Indenture.
In the event that on November 1, 2006, the amount of proceeds of the Series 2005A
Bonds or the Series 2005B Bonds representing Capitalized Interest on deposit in the Series
2005A Capitalized Interest Subaccount or the Series 200SB Capitalized Interest Subaccount
exceeds the amount needed for Capitalized Interest with respect to the Series 2005A Bonds or
the Series 2005B Bonds, as the case may be, such excess shall be transferred at the written
direction of the District Manager from the Series 2005A Capitalized Interest Subaccount or the
Series 200SB Capitalized Interest Subaccount first, to the Deferred Costs Subaccount of the
Series 2005 Acquisition and Construction Account to the extent that there remain any
outstanding and unpaid Deferred Costs, then to the Series 200SB General Account of the Series
2005 Bond Redemption Fund and if no Series 2005B Bonds are Outstanding to the Series 2005A
General Account of the Series 2005 Bond Redemption Fund, in such manner as the District
Manager shall determine and applied, pursuant to Section 3.0l(b)(iii)(B) hereof, toward the
extraordinary mandatory redemption of the Series 200SB Bonds and the Series 2005A Bonds.
(e) Pursuant to Section 6.04 of the Master Indenture, the Trustee shall establish a
separate account within the Debt Service Fund designated as the "Series 2005A Sinking Fund
Account". Moneys shall be deposited into the Series 2005A Sinking Fund Account as provided
in Article VI of the Master Indenture and applied for the purposes provided therein and in
Section 3.0 I (c) of this First Supplemental Indenture.
(f) Pursuant to Section 6.05 of the Master Indenture, the Trustee shall establish two
separate accounts within the Debt Service Reserve Fund designated as the "Series 2005A Debt
Service Reserve Account" and the "Series 2005B Debt Service Reserve Account". As long as
there exists no default under the Indenture and the amounts in the Series 200SA Debt Service
Reserve Account and the Series 200SB Debt Service Reserve Account, as applicable, are not
reduced below the Debt Service Reserve Requirement, earnings on investments in the Series
2005A Debt Service Reserve Account and the Series 2005B Debt Service Reserve Account, as
applicable, shall be transferred first to the Deferred Costs Subaccount of the Series 2005
Acquisition and Construction Account to the extent that there remain any outstanding and unpaid
Deferred Costs, and then into the Series 200SA Revenue Subaccount and Series 200SB Revenue
Account of the Series 2005 Revenue Account, as applicable.
. mia-fsJ\1605251v~\]j lIiO.\\M.\4.\.OIIlIlXI
22
16/1
(i) Proceeds of the Series 2005A Bonds shall be deposited into the Series
2005A Debt Service Reserve Account in the amount set forth in Section 2.06(a) of this First
Supplemental Indenture, and such moneys, together with any other moneys deposited into the
Series 2005A Debt Service Reserve Account pursuant to the Master Indenture, shall be applied
for the purposes provided therein and in this Section 4.01 (f)(i). On each March IS and
September IS (or, if such date is not a Business Day, on the Business Day next preceding such
day), the Trustee shall determine the amount on deposit in the Series 2005A Debt Service
Reserve Account and transfer any excess therein above the Debt Service Reserve Requirement
for the Series 2005A Bonds first to the Deferred Costs Subaccount of the Series 200S
Acquisition and Construction Account to the extent that there remain any outstanding and unpaid
Deferred Costs, and then to the Series 2005A General Account of the Series 200S Bond
Redemption Fund for the extraordinary mandatory redemption of Series 2005A Bonds in
accordance with Section 3.01(b)(v).
After the payment of all Deferred Costs, in the event that the amount of proceeds of the
Series 2005A Bonds on deposit in the Series 200SA Debt Service Reserve Account exceeds the
Debt Service Reserve Requirement with respect to the Series 2005A Bonds due to a decrease in
the amount of Series 2005A Bonds that will be outstanding as a result of an optional prepayment
by the owner of a lot or parcel of land of a Series 200SA Special Assessment against such lot or
parcel as provided in Section 4.05(a) of this First Supplemental Indenture, the amount to be
released shall be transferred from the Series 200SA Debt Service Reserve Account to the Series
2005A Prepayment Account of the Series 200S Bond Redemption Fund, as a credit against the
Series 2005A Prepayment Principal otherwise required to be made by the owner of such lot or
parcel.
(ii) Proceeds of the Series 2005B Bonds shall be deposited into the Series
200SB Debt Service Reserve Account in the amount set forth in Section 2.06(b) of this First
Supplemental Indenture, and such moneys, together with any other moneys deposited into the
Series 200SB Debt Service Reserve Account pursuant to the Master Indenture, shall be applied
for the purposes provided therein and in this Section 4.0l(f)(ii). On each December 15, March
15, June IS and September IS (or, if such date is not a Business Day, on the Business Day next
preceding such day), the Trustee shall determine the amount on deposit in the Series 2005B Debt
Service Reserve Account and transfer any excess therein above the Debt Service Reserve
Requirement for the Series 2005B Bonds resulting from (A) Series 2005B Special Assessment
prepayments to be deposited to the Series 2005B Prepayment Account of the Series 2005 Bond
Redemption Fund to be used, together with any Series 2005B Prepayment Principal on deposit in
the Series 200SB Prepayment Account of the Series 200S Bond Redemption Fund, for the
extraordinary mandatory redemption of Series 200SB Bonds in accordance with Section
3.01(b)(i) and (B) any other cause to be deposited to the Series 200SB General Account of the
Series 200S Bond Redemption Fund for the extraordinary mandatory redemption of Series
200SB Bonds in accordance with Section 3.0l(b)(v).
In the event that the amount of proceeds of the Series 200SB Bonds on deposit in the
Series 200SB Debt Service Reserve Account exceeds the Debt Service Reserve Requirement
with respect to the Series 200SB Bonds due to a decrease in the amount of Series 2005B Bonds
that will be outstanding as a result of an optional prepayment by the owner of a lot or parcel of
land of a Series 2005B Special Assessment against such lot or parcel as provided in Section
4.0S(a) of this First Supplemental Indenture, the amount to be released shall be transferred from
the Series 2005B Debt Service Reserve Account to the Series 200SB Prepayment Account of the
mia. fsl1 160525Jv@]j ~tl516.154.1.1lJtll till
23
'i!
.JL \~.;
Series 2005 Bond Redemption Fund, as a credit against the Series 2005B Prepayment Principal
otherwise required to be made by the owner of such lot or parcel.
(g) Pursuant to Section 6.06 of the Master Indenture, the Trustee shall establish a
separate Series Bond Redemption Fund designated as the "Series 2005 Bond Redemption Fund"
and within such Fund, a "Series 2005A General Account", a "Series 2005B General Account", a
"Series 2005A Prepayment Account" and a "Series 2005B Prepayment Account". Except as
otherwise provided in this First Supplemental Indenture, moneys to be deposited into the Series
2005 Bond Redemption Fund as provided in ArtiCle VI of the Master Indenture shall be
deposited to the Series 2005A or Series 2005B General Account of the Series 200S Bond
Redemption Fund.
(i) Moneys in the Series 200SA or Series 2005B General Account of the
Series 2005 Bond Redemption Fund (including all earnings on investments held therein)
shall be accumulated therein to be used in the following order of priority, to the extent
that the need therefor arises:
FIRST. to make such deposits into the Series 2005 Rebate Fund, if any, as the
Issuer may direct in accordance with the Arbitrage Certificate. such moneys thereupon to
be used solely for the purposes specified in the Arbitrage Certificate. Any moneys so
transferred from the Series 200SA or Series 200SB General Account of the Series 2005
Bond Redemption Fund to the Series 2005 Rebate Fund shall thereupon be free from the
lien and pledge of the Indenture;
SECOND, to be used to call for redemption pursuant to Section 3.0l(b)(ii), (iii),
(iv) and (v) hereof an amount of Series 200S Bonds equal to the amount of money
transferred to the Series 2005A and Series 200SB General Accounts of the Series 2005
Bond Redemption Fund pursuant to the aforesaid clauses or provisions, as appropriate,
for the purpose of such extraordinary mandatory redemption on the dates and at the prices
provided in such clauses or provisions, as appropriate; and
THIRD, the remainder to be utilized by the Trustee, at the direction of a
Responsible Officer. to either pay any Deferred Costs or call for redemption on each
Interest Payment Date on which Series 2005A Bonds are subject to optional redemption
pursuant to Section 3.01(a) hereof such amount of Series 2005A Bonds as. with the
redemption premium, may be practicable; provided, however, that not less than $5.000
principal amount of Series 200SA Bonds shall be called for redemption at one time.
(ii) Moneys in the Series 2005A Prepayment Account or the Series 2005B
Prepayment Account of the Series 200S Bond Redemption Fund (including all earnings
on investments held in either such Prepayment Account of the Series 2005 Bond
Redemption Fund) shall be accumulated therein to be used as follows, to the extent that
the need therefor arises:
To be used to call for redemption pursuant to Section 3.01(b)(i) hereof an amount
of Series 200SA Bonds equal to the amount of money transferred to the Series 200SA
Prepayment Account of the Series 200S Bond Redemption Fund pursuant to the aforesaid
clauses or provisions, as appropriate, and as directed by the Issuer pursuant to the
Assessment Methodology, for the purpose of such extraordinary mandatory redemption
on the dates and at the prices provided in such clauses or provisions, as appropriate.
mia.fslllnIJ5253v 'QJVP ~1J5Ifi5.\4.\.IIIOIOII
24
16'1
To be used to call for redemption pursuant to Section 3.0l(b)(i) hereof an amount
of Series 2005B Bonds equal to the amount of money transferred to the Series 2005B
Prepayment Account of the Series 2005 Bond Redemption Fund pursuant to the aforesaid
clauses or provisions, as appropriate, and as directed by the Issuer pursuant to the
Assessment Methodology, for the purpose of such extraordinary mandatory redemption
on the dates and at the prices provided in such clauses or provisions, as appropriate.
SECTION 4.02. Series 2005 Revenue Account. The Trustee shall transfer from
amounts on deposit in the Series 2005A Revenue Subaccount and the Series 2005B Revenue
Subaccount, respectively, of the Series 2005 Revenue Account to the Funds and Accounts
designated below, the following amounts, at the following times and in the following order of
priority:
FIRST, upon receipt but no later than the Business Day (i) preceding the first May
1 for which there remains an insufficient amount (A) from Series 2005A Bond proceeds
(or investment earnings thereon) on deposit in the Series 200SA Capitalized Interest
Subaccount to be applied to the payment of interest on the Series 2005A Bonds due on
the next succeeding May 1 and/or November 1, and (B) from Series 2005B Bond
proceeds (or investment earnings thereon) on deposit in the Series 2005B Capitalized
Interest Subaccount to be applied to the payment of interest on the Series 200SB Bonds
due on the next succeeding May 1 and/or November 1, and no later than the Business
Day next preceding each May 1 thereafter to the Series 200SA Interest Subaccount and
the Series 2005B Interest Subaccount, respectively, of the Debt Service Fund, an amount
from the Series 200SA Revenue Subaccount equal to the interest on the Series 200SA
Bonds and an amount from the Series 2005B Revenue Subaccount equal to the interest on
the Series 2005B Bonds becoming due on the next succeeding May 1 and November 1,
less any amounts on deposit in the Series 200SA Interest Subaccount or the Series 2005B
Interest Subaccount not previously credited and (ii) preceding each February 1 and
August 1 an amount from the Series 200SB Revenue Subaccount equal to the accrued
interest on the Series 200SB Bonds, if any, to be redeemed on such February 1 or August
1-
,
SECOND, no later than the Business Day next preceding each May 1,
commencing May 1, 2036, to the Series 200SA Principal Subaccount and commencing
May 1, 20_ to the Series 200SB Principal Subaccount, respectively, of the Debt Service
Fund, an amount from the Series 200SA Revenue Subaccount equal to the principal
amount of Series 200SA Bonds Outstanding maturing on such May 1, if any, and an
amount from the Series 200SB Revenue Subaccount equal to the principal amount of
Series 200SB Bonds Outstanding maturing on such May 1, if any, less any amounts on
deposit in the Series 200SA Principal Subaccount or the Series 2005B Principal
Subaccount not previously credited;
THIRD, no later than the Business Day next preceding each May 1, commencing
May 1, 2007, to the Series 200SA Sinking Fund Account of the Debt Service Fund, an
amount from the Series 2005A Revenue Subaccount equal to the principal amount of
Series 2005A Bonds subject to sinking fund redemption on such May 1, less any amount
on deposit in the Series 200SA Sinking Fund Account not previously credited;
FOURTH, upon receipt but no later than the Business Day next preceding each
Interest Payment Date (A) while Series 200SA Bonds remain Outstanding, to the Series
rnia-fs11160.\253y '@]j ~1l5l65545_1I111J1111
2S
-', ~,-,,--..~_.,
,,'
2005A Debt Service Reserve Account, an amount from the Series 2005A Revenue
Subaccount equal to the amount, if any, which is necessary to make the amount on
deposit therein equal to the Debt Service Reserve Requirement for the Series 200SA
Bonds and (B) while Series 2005B Bonds remain Outstanding, to the Series 2005B Debt
Service Reserve Account, an amount from the Series 2005B Revenue Subaccount equal
to the amount, if any, which is necessary to make the amount on deposit therein equal to
the Debt Service Reserve Requirement for the Series 2005B Bonds; and
FIFTH, subject to the following paragraph the balance of any moneys remaining
after making the foregoing deposits shall remain in the Series 2005 Revenue Account,
unless pursuant to the Arbitrage Certificate it is necessary to make a deposit into the
Rebate Fund, in which case the Issuer shall direct the Trustee to make such deposit
thereto.
The Trustee shall within ten (10) Business Days after the last Interest Payment Date in
any calendar year, withdraw any moneys held for the credit of the Series 2005 Revenue Account
which are not otherwise required to be deposited pursuant to this Section and deposit such
moneys as directed, first to the Deferred Costs Subaccount of the Series 2005 Acquisition and
Construction Account to the extent that there remain any outstanding and unpaid Deferred Costs,
and thereafter, to the credit of the Series 2005A General Account or the Series 2005B General
Account of the Series 2005 Bond Redemption Fund as determined by the Issuer in accordance
with the provisions of this First Supplemental Indenture. Special Assessment prepayments shall
be deposited directly into the Series 200SA Prepayment Account or the Series 200SB
Prepayment Account of the Series 200S Bond Redemption Fund as provided in the Indenture.
SECTION 4.03. Power to Issue Series 200S Bonds and Create Lien. The Issuer is
duly authorized under the Act and all applicable laws of the State to issue the Series 2005 Bonds,
to execute and deliver the Indenture and to pledge the Pledged Revenues for the benefit of the
Series 2005 Bonds to the extent set forth herein. The Pledged Revenues are not and shall not be
subject to any other lien senior to or on a parity with the lien created in favor of the Series 200S
Bonds, except for Bonds issued to refund a portion of the Series 2005 Bonds or Bonds issued to
provide funds for the completion of the Series 200S Project and as otherwise permitted under the
Master Indenture. The Series 200S Bonds and the provisions of the Indenture are and will be
valid and legally enforceable obligations of the Issuer in accordance with their respective terms.
The Issuer shall, at all times, to the extent permitted by law, defend, preserve and protect the
pledge created by the Indenture and all the rights of the Owners of the Series 200S Bonds under
the Indenture against all claims and demands of all persons whomsoever.
SECTION 4.04. Series 200S Proiect to Conform to Plans and Specifications;
Changes. The Issuer will proceed to complete the Series 2005 Project, as described in Exhibit A
hereto, in accordance with the plans and specifications therefor, as such plans and specifications
may be amended by the Issuer from time to time; provided that prior to any such amendment of
the plans and specifications for the Series 2005 Project, the Consulting Engineer shall have
delivered its certificate approving the proposed amendment to such plans and specifications.
SECTION 4.05. Prepayments; Removal of Special Assessment Liens.
(a) At any time any owner of property subject to the Special Assessments may, at its
option, or under certain circumstances described in the Assessment Resolutions in connection
with Prepayments derived from application of the "true-up" mechanism therein, shall, require the
Issuer to reduce or release and extinguish the lien upon its property by virtue of the levy of the
mia.f, 11160.\251v '~I 'lj~O\16.'\45.1I1011I11
26
., 1
'!
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Special Assessments by paying to the Issuer all or a portion of the Special Assessment, which
shall constitute Series 2005A Prepayment Principal or Series 2005B Prepayment Principal, as
directed by the Issuer pursuant to the provisions of Section 4.01 (g)(ii) of this First Supplemental
Indenture, plus, in the case of Series 2005A Prepayment Principal, accrued interest to the next
succeeding Interest Payment Date (or the second succeeding Interest Payment Date if such
prepayment is made within 45 calendar days before an Interest Payment Date) and in the case of
Series 2005B Prepayment Principal, accrued interest to the next succeeding Quarterly
Redemption Date (or the second succeeding Quarterly Redemption Date if such prepayment is
made within 45 calendar days before a Quarterly Redemption Date), attributable to the property
subject to Special Assessment owned by such owner; provided, however, to the extent that such
payments are to be used to redeem Series 200SB Bonds, in the event the amount in the Series
2005B Debt Service Reserve Account will exceed the Debt Service Reserve Requirement for the
Series 2005B Bonds as a result of a Prepayment in accordance with this Section 4.05(a) and the
resulting redemption in accordance with Section 3.0l(b)(i) of this First Supplemental Indenture
of Series 2005B Bonds, the excess amount shall be transferred from the Series 2005B Debt
Service Reserve Account to the Series 2005B Prepayment Account of the Series 2005 Bond
Redemption Fund, as a credit against the Series 2005B Prepayment Principal otherwise required
to be paid by the owner of such lot or parcel.
(b) Upon receipt of Series 200SA Prepayment Principal or Series 2005B Prepayment
Principal as described in paragraph (a) above, subject to satisfaction of the conditions set forth
therein, the Issuer shall immediately pay the amount so received to the Trustee, and the Issuer
shall take such action as is necessary to record in the official records of the County an affidavit
or affidavits, as the case may be, executed by the District Manager, to the effect that the Special
Assessment has been paid in whole or in part and that such Special Assessment lien is thereby
reduced, or released and extinguished, as the case may be. Upon receipt of any such moneys
from the Issuer the Trustee shall immediately deposit the same into the Series 2005A
Prepayment Account or the Series 2005B Prepayment Account of the Series 200S Bond
Redemption Fund to be applied in accordance with Section 3.01(b)(i) of this First Supplemental
Indenture, to the redemption of Series 2005A Bonds or Series 2005B Bonds in accordance with
Section 4.01 (g)(ii) of this First Supplemental Indenture.
[End of Article IVl
mia-fsl\lnIl5251v ,~\' ]j~1l5\n554.\.rlllll(HI
27
'"
, 1
....
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 5.01. Interpretation of Supplemental Indenture. This First Supplemental
Indenture amends and supplements the Master Indenture with respect to the Series 2005 Bonds,
and all of the provisions of the Master Indenture, to the extent not inconsistent herewith, are
incorporated in this First Supplemental Indenture by reference. To the maximum extent
possible, the Master Indenture and the Supplemental Indenture shall be read and construed as
one document.
SECTION 5.02. Amendments. Any amendments to this First Supplemental
Indenture shall be made pursuant to the provisions for amendment contained in the Master
Indenture.
SECTION 5.03. Counterparts. This First Supplemental Indenture may be executed
in any number of counterparts, each of which when so executed and delivered shall be an
original; but such counterparts shall together constitute but one and the same instrument.
SECTION 5.04. Appendices and Exhibits. Any and all schedules, appendices or
exhibits referred to in and attached to this First Supplemental Indenture are hereby incorporated
herein and made a part of this First Supplemental Indenture for all purposes.
SECTION 5.05. Payment Dates. In any case in which an Interest Payment Date or
Quarterly Redemption Date or the maturity date of the Series 2005 Bonds or the date fixed for
the redemption of any Series 2005 Bonds shall be other than a Business Day, then payment of
interest, principal or Redemption Price need not be made on such date but may be made on the
next succeeding Business Day, with the same force and effect as if made on the due date, and no
interest on such payment shall accrue for the period after such due date if payment is made on
such next succeeding Business Day.
SECTION 5.06. No Rights Conferred on Others. Nothing herein contained shall
confer any right upon any Person other than the parties hereto and the Holders of the Series 2005
Bonds.
SECTION 5.07. Collection of Assessments. Pursuant to Section 9.04 of the Master
Trust Indenture and subject to the Issuer entering into a Property Appraiser and Tax Collector
Agreement, Special Assessments levied on platted lots and pledged hereunder to secure the
Series 2005A Bonds will be collected pursuant to the uniform method for the levy, collection and
enforcement of Special Assessments afforded by Sections 197.3631, 197.3632 and 197.3635,
Florida Statutes, as amended. Notwithstanding any provision in the Master Indenture to the
contrary, (i) Special Assessments levied on unplatted lots and pledged hereunder to secure the
Series 2005A Bonds; and (ii) Special Assessments pledged hereunder to secure the Series 2005B
Bonds shall not be collected by the Issuer pursuant to the Section 197.3632, Florida Statutes, as
amended, unless the Issuer determines that collection pursuant to Section 197.3632, Florida
Statutes, as amended, is in the best interests of the District.
mia-fs1l1605253v '~']j ~05\65545.1J]l)llX)
28
16/1
IN WITNESS WHEREOF, Wentworth Estates Community Development District has
caused this First Supplemental Trust Indenture to be executed by the Chairman of its Board of
Supervisors and its corporate seal to be hereunto affixed and attested by the Secretary of its
Board of Supervisors and Wachovia Bank, National Association has caused this First
Supplemental Trust Indenture to be executed by one of its Vice Presidents and its seal to be
hereunto affixed and attested by an authorized officer, all as of the day and year first above
written.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
[SEAL]
Attest:
By:
Howard Taylor
Chairman, Board of Supervisors
James Ward
Secretary, Board of Supervisors
W ACHOVIA BANK, NATIONAL
ASSOCIATION, as Trustee, Paying Agent
and Registrar
[SEAL]
By:
Vivian Cerecedo
Vice President
mia-fs111605251v '@ .]j~{)5165545.IIlOlOO
29
11
G.: ~I,j
Ii ~
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
On this _ day of Jooe , 200S, before me, a notary public in and for the
State and County aforesaid, personally appeared Howard Taylor and James Ward, Chairman and
Secretary, respectively, of WENTWORTH ESTATES COMMUNITY DEVELOPMENT
DISTRICT (the "Issuer"), who acknowledged that they did so sign the foregoing instrument as
such officers, respectively, for and on behalf of said Issuer; that the same is their free act and
deed as such officers, respectively, and the free act and deed of said Issuer; and that the seal
affixed to said instrument is the seal of said Issuer; that they respectively appeared before me this
day in person and severally acknowledged that they, being thereunto duly authorized, signed,
sealed with the seal of said District, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year in this certificate first above written.
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public, Print, Stamp or
Type as Commissioned)
01 Personally known to me, or
Q Produced identification:
(Type of Identification Produced)
OJ DID take an oath, or
Q DID NOT take an oath.
mia-fs1\l605253v .1)J\]j '!!IfJ.\16554.\.OIOIOO
1
1611
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
On this _ day of Jmle , 2005, before me, a notary public in and for the State
and County aforesaid, personally appeared Vivian Cerecedo of Wachovia Bank, National
Association, as Trustee, who acknowledged that she did so sign said instrument as such officer
for and on behalf of said corporation; that the same is her free act and deed as such officer,
respectively, and the free act and deed of said corporation; and that the seal affixed to said
instrument is the seal of said corporation; that she appeared before me on this day in person and
acknowledged that she, being thereunto duly authorized, signed, sealed with the seal of said
corporation for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year in this certificate first above written.
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public, Print, Stamp or
Type as Commissioned)
Os Personally known to me, or
Q Produced identification:
(Type of Identification Produced)
OJ DID take an oath, or
Os DID NOT take an oath.
mia-[slIIM)5253v '!11\'7J'1iI05165545.0101011
2
,-
/
~i (~i
EXHIBIT A
DESCRIPTION OF SERIES 2005 PROJECT
The Series 2005 Project consists of the following:
Description
Roadway Improvements
Surface Water Management
Water and Sewer System
Exterior Landscaping
WetlandIU land Miti ation
Estimated Cost
Off,Site Improvements
Total
mia-fs]\16052:'i~v .@Jj W()5\6.'i.~4.:'i.OlOIO()
A-I
EXHffirr B
16'1
[FORM OF SERIES 2005A BONDl
R-_
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
WENlWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BOND, SERIES 2005A
Interest
Rate
Maturity
Date
Dated Date
CUSIP
_%
May 1, 2036
July 1, 200SrDOCUMENT
DATEl
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that Wentworth Estates Community
Development District (the "Issuer"), for value received, hereby promises to pay to the registered
owner shown above or registered assigns, on the date specified above, from the sources
hereinafter mentioned, upon presentation and surrender hereof at the designated corporate trust
office of Wachovia Bank, National Association located in Miami, Florida, as paying agent (said
bank and/or any bank or trust company to become successor paying agent being herein called the
"Paying Agent"), the principal amount set forth above with interest thereon at the rate per annum
set forth above, payable on the first day of May and November of each year, commencing
November 1, 200S. Principal of this Bond is payable at the designated corporate trust office of
Wachovia Bank, National Association located in Miami, Florida in lawful money of the United
States of America. Except when registration of this Bond is being maintained pursuant to a
book-entry-only system, interest on this Bond is payable by check or draft of the Paying Agent
made payable to the registered owner and mailed to the address of the registered owner as such
name and address shall appear on the registry books of the Issuer maintained by Wachovia Bank,
National Association, as Registrar (said Registrar and any successor Registrar being herein
called the "Registrar") at the close of business on the fifteenth day of the calendar month
preceding each interest payment date or the date on which the principal of this Bond is to be paid
(the "Record Date"). Such interest shall be payable from the most recent interest payment date
next preceding the date of authentication hereof to which interest has been paid, unless the date
of authentication hereof is a May 1 or November 1 to which interest has been paid, in which case
from such date of authentication, or November 1, 200S, in which case from fHLy_ul;
;LP4'i.-JDOCUMENT DA TEl, or unless the date of authentication hereof is between a Record
Date and the next succeeding interest payment date, in which case from such interest payment
date. Any such interest not so punctually paid or duly provided for shall forthwith cease to be
payable to the registered owner on such Record Date and may be paid to the person in whose
name this Bond is registered at the close of business on a Special Record Date for the payment of
such defaulted interest to be fixed by the Paying Agent, notice whereof shall be given to
Bondholders of record as of the fifth (Sth) day prior to such mailing, at their registered addresses,
mia-fsllln05251v '@7J' 'l!I05165545.IIIOH~1
B-1
not less than ten (10) days prior to such Special Record Date, or may be paid, at any time in any
other lawful manner, as more fully provided in the Indenture (defined below). The foregoing
notwithstanding, any Owner of Bonds in an aggregate principal amount of at least $1,000,000
shall be entitled to have interest paid by wire transfer to such Owner to the bank account number
on file with the Paying Agent, upon requesting the same in a writing received by the Paying
Agent at least fifteen (15) days prior to the relevant Interest Payment Date, which writing shall
specify the bank, which shall be a bank within the United States, and bank account number to
which interest payments are to be wired. Any such request for interest payments by wire transfer
shall remain in effect until rescinded or changed, in a writing delivered by the Owner to the
Paying Agent, and any such rescission or change of wire transfer instructions must be received
by the Paying Agent at least fifteen (15) days prior to the relevant Interest Payment Date.
THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLELY
OUT OF THE PLEDGED REVENUES PLEDGED THEREFOR UNDER THE INDENTURE
AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT, NOR THE TAXING
POWER OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR
ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE
PAYMENT OF THE BONDS, EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE
INDENTURE TO LEVY, AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE
CERTIFIED, FOR COLLECTION, SPECIAL ASSESSMENTS (AS DEFINED IN THE
INDENTURE) TO SECURE AND PAY THE BONDS. THE BONDS DO NOT CONSTITUTE
AN INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF
FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Indenture until it shall have been authenticated by execution of the
Trustee, or such other authenticating agent as may be appointed by the Trustee under the
Indenture, of the certificate of authentication endorsed hereon.
mia-fs1l1605251v '@ ']j~[)5\65545.0101I~}
B-2
I; 1
Ii
1 ' 11
.1:,., t~ .
IN WITNESS WHEREOF, Wentworth Estates Community Development District has
caused this Bond to be signed by the manual signature of the Chairman of its Board of
Supervisors and a facsimile of its seal to be imprinted hereon, and attested by the manual
signature of the Secretary of its Board of Supervisors, all as of the date hereof.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
By:
Chairman, Board of Supervisors
(SEAL)
Attest:
By:
Secretary
Board of Supervisors
mi.- f,11100.\251v '@' ,Y~05165545.1) lOll")
B-3
[Back of Series 2005A Bondl
16 11
This Bond is one of an authorized series of Bonds of Wentworth Estates Community
Development District (the "District"), a community development district duly created, organized
and existing under Chapter 190, Florida Statutes (the Uniform Community Development District
Act of 1980), as amended (the "Act") designated as "Wentworth Estates Community
Development District (Collier County, Florida) Special Assessment Bonds, Series 200SA (the
"Series 2005A Bonds"), in the aggregate principal amount of $[PRINCIP AL AMOUNT Al of
like date, tenor and effect, except as to number. Simultaneously with the issuance of the Series
2005A Bonds, the District is issuing on a parity with the Series 200SA Bonds its Wentworth
Estates Community Development District (Collier County, Florida) Special Assessment Bonds,
Series 200SB in the aggregate principal amount of $[PRINCIPAL AMOUNT Bl (the "Series
200SB Bonds" and, together with the Series 200SA Bonds, the "Series 200S Bonds" or the
"Bonds"). The Series 2005 Bonds are being issued under authority of the laws and Constitution
of the State of Florida, including particularly the Act. Proceeds of the Series 2005A Bonds shall
be used (i) to pay a portion of the costs of the Series 200S Project (ii) to pay interest on the
200SA Bonds through November 1, 2006, (iii) to fund the Debt Service Reserve Requirement for
the Series 200SA Bonds and (iv) to pay a portion of the costs of issuance of the Series 2005
Bonds. The Series 200S Bonds shall be issued as fully registered Bonds in authorized
denominations, as set forth in the Indenture. The Series 200S Bonds are issued under, and are
secured and governed by, a Master Trust Indenture dated as of July 1, 200SrDOCUMENT
DA TEl (the "Master Indenture"), by and between the Issuer and the Trustee and a First
Supplemental Trust Indenture dated as of Jaly 1, 200SrDOCUMENT DATEl (the "First
Supplemental Indenture"), by and between the Issuer and the Trustee (the Master Indenture and
the First Supplemental Indenture together are referred to herein as the "Indenture"), executed
counterparts of which are on file at the designated corporate trust office of the Trustee in Miami,
Florida.
Reference is hereby made to the Indenture for the provisions, among others, with respect
to the custody and application of the proceeds of the Series 200S Bonds issued under the
Indenture, the operation and application of the Series 200SA Debt Service Reserve Account and
other Funds and Accounts (each as defined in the Indenture) charged with and pledged to the
payment of the principal of and interest on the Series 2005A Bonds, the levy, and the evidencing
and certifying for collection, of Special Assessments, the nature and extent of the security for
the Series 200SA Bonds, the terms and conditions on which the Series 200SA Bonds are issued
and on which Additional Bonds and Refunding Bonds (all as defined in the Indenture) may be
issued on a parity herewith, the rights, duties and obligations of the Issuer and of the Trustee
under the Indenture, the conditions under which such Indenture may be amended without the
consent of the registered owners of Bonds, the conditions under which such Indenture may be
amended with the consent of the registered owners of a majority in aggregate principal amount
of the Series 200S Bonds outstanding, and as to other rights and remedies of the registered
owners of the Series 200SA Bonds.
The owner of this Bond shall have no right to enforce the provisions of the Indenture or
to institute action to enforce the covenants therein, or to take any action with respect to any event
of default under the Indenture or to institute, appear in or defend any suit or other proceeding
with respect thereto, except as provided in the Indenture.
It is expressly agreed by the owner of this Bond that such owner shall never have the
right to require or compel the exercise of the ad valorem taxing power of the Issuer, Collier
mia-fsl\ln05251v '@ ]j'~1I5165545.0101II11
B-S
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County, Florida, the State of Florida or any other political subdivision thereof, or taxation in any
form of any real or personal property of the Issuer, Collier County, Florida, the State of Florida
or any other political subdivision thereof, for the payment of the principal of, premium, if any,
and interest on this Bond or the making of any other sinking fund and other payments provided
for in the Indenture, except for Special Assessments to be assessed and levied by the Issuer as set
forth in the Indenture.
By the acceptance of this Bond, the owner hereof assents to all the provisions of the
Indenture.
This Bond is payable from and secured by Pledged Revenues, as such term is defined in
the Indenture, all in the manner provided in the Indenture. The Indenture provides for the levy,
and the evidencing and certifying, of non ad valorem assessments in the form of Special
Assessments to secure and pay the Series 2005A Bonds.
The Series 2005A Bonds are subject to redemption prior to maturity in the amounts, at
the times and in the manner provided below. All payments of the redemption price of the Series
2005A Bonds shall be made on the dates specified below. Except as otherwise provided in the
Indenture, if less than all the Series 2005 Bonds are to be redeemed pursuant to an extraordinary
mandatory redemption, the Trustee shall select the Series 2005 Bonds or portions of the Series
200S Bonds to be redeemed pro rata between the Series 2005A Bonds and the Series 2005B
Bonds based on the original principal amount Outstanding and within each Series, by lot. Partial
redemption of Series 200SA Bonds shall be made in such a manner that the remaining 200SA
Bonds held by each Bondholder shall be in Authorized Denominations.
Optional Redemption
The Series 200SA Bonds may, at the option of the District, be called for redemption prior
to maturity as a whole or in part at any time on or after May 1,20_ (less than all Series 2005A
Bonds to be selected by lot), at the Redemption Prices (expressed as percentages of principal
amount) set forth in the following table plus accrued interest from the most recent Interest
Payment Date to the redemption date:
Redemption Periods
(Dates Inclusive)
Redemption
Prices
May 1,20_ through April 30, 20_
May 1, 20_ and thereafter
_%
_%
Extraordinary Mandatory Redemption
The Series 200S Bonds are subject to extraordinary mandatory redemption prior to
maturity by the Issuer in whole, on any date, or in part, on any Interest Payment Date, at an
extraordinary mandatory redemption price equal to 100% of the principal amount of the Series
200S Bonds to be redeemed, plus interest accrued to the redemption date, as follows:
(i) from Series 2005A Prepayment Principal deposited into the Series
200SA Prepayment Account of the Series 2005 Bond Redemption Fund following
the payment in whole or in part of Special Assessments on any portion of the
District Lands specially benefited by the Series 200S Project in accordance with
the provisions of Section 4.0S(a) of the First Supplemental Indenture.
mia.fsl\J61J525Jv '@]j ~{)5\65545.1J1011I1I B-6
16/1
(ii) from moneys, if any, on deposit in the Series 2005A Accounts and
Subaccounts in the Series 2005 Funds and Accounts (other than the Rebate Fund)
sufficient to pay and redeem all Deferred Costs and all Series 2005A Outstanding
Bonds and accrued interest thereon to the redemption date or dates in addition to
all amounts owed to Persons under the Master Indenture.
(iii) on or after the Completion Date of the Series 2005 Project, (A) by
application of moneys remaining in the Series 2005 Acquisition and Construction
Account of the Acquisition and Construction Fund not reserved by the Issuer for
the payment of any remaining part of the Cost of the Series 200S Project and/or
Deferred Costs, all of which shall be transferred first to the Series 2005B General
Account of the Series 200S Bond Redemption Fund and credited toward
extinguishment of the Special Assessments and applied toward the redemption of
the Series 2005B Bonds until no Series 2005B Bonds remain Outstanding, as
described in Section 4.0l(a) of the First Supplemental Indenture, and then to the
Series 200SA General Account of the Series 2005 Bond Redemption Fund and
credited toward extinguishment of the Special Assessments and applied toward
the redemption of the Series 200SA Bonds, as described in Section 4.0l(a) of the
First Supplemental Indenture, in accordance with the manner it has credited such
excess moneys toward extinguishment of Series 200SA Special Assessments
and/or Series 200SB Special Assessments, as applicable, which the Issuer shall
describe to the Trustee in writing; and (B) after November 1,2006, by application
of any moneys transferred from the Series 2005A Capitalized Interest Subaccount
or Series 2005B Capitalized Interest Subaccount pursuant to Section 4.0l(d) of
the First Supplemental Indenture, and applied by the Issuer toward the redemption
of the Series 2005B Bonds until no Series 2005B Bonds remain Outstanding and
thereafter to the redemption of Series 200SA Bonds.
(iv) from excess moneys transferred from the Series 200SA Revenue
Subaccount to the Series 200SA General Account of the Series 200S Bond
Redemption Fund, in accordance with Section 6.03 of the Master Indenture and
Section 4.02 of the First Supplemental Indenture.
(v) from amounts on deposit in the Series 2005A Debt Service Reserve
Account in excess of the Debt Service Reserve Requirement for the Series 200SA
Bonds and transferred to the Series 2005A General Account of the Series 200S
Bond Redemption Fund in accordance with Section 6.05 of the Master Indenture
and Section 4.0l(f)(i) of the First Supplemental Indenture to be used for the
extraordinary mandatory redemption of the Series 200SA Bonds.
Mandatory Sinking Fund Redemption.
The Series 200SA Bonds maturing on May 1, 2036, are subject to mandatory redemption
in part by the District by lot prior to their scheduled maturity from moneys in the Series 2005A
Sinking Fund Account established under the Indenture in satisfaction of applicable Amortization
Installments at the Redemption Price of 100% of the principal amount thereof, without premium,
together with accrued interest to the date of redemption on May 1 of the years and in the
principal amounts set forth below:
mia-fsJIIW5253v~\ 1J ~05165545.lllllIOO
B-7
<1lj t'
Year
(Mav I)
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Principal
Amount
Year
(May 1)
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036*
Principal
Amount
* Maturity,
Notice of Redemption
The Trustee shall cause notice of redemption to be mailed at least thirty but not more than
sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as
such owners appear on the books of the Registrar on the fifth (5th) day prior to such mailing) and
to certain additional parties as set forth in the Indenture; provided, however, that failure to mail
any such notice or any defect in the notice or the mailing thereof shall not affect the validity of
the redemption of the Bonds for which such notice was duly mailed in accordance with the
Indenture. If less than all of the Bonds shall be called for redemption, the notice of redemption
shall specify the Bonds to be redeemed. On the redemption date, the Bonds called for
redemption will be payable at the designated corporate trust office of the Paying Agent and on
such date interest shall cease to accrue, such Bonds shall cease to be entitled to any benefit under
the Indenture and such Bonds shall not be deemed to be outstanding under the provisions of the
Indenture and the owners of such Bonds shall have no rights in respect thereof except to receive
payment of the redemption price thereof. If the amount of funds so deposited with the Trustee,
or otherwise available, is insufficient to pay the redemption price and interest on all Bonds so
called for redemption on such date, the Trustee shall redeem and pay on such date an amount of
such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from
among all such Bonds called for redemption on such date, and interest on any Bonds not paid
shall continue to accrue, as provided in the Indenture.
This Bond shall be issued initially pursuant to a book-entry-only system administered by
The Depository Trust Company, New York, New York ("DTC"), which shall act as securities
depository for the Bonds, with no physical distribution of Bonds to be made. Any provisions of
the Indenture or this Bond requiring physical delivery of Bonds shall, under the book-entry-only
system, be deemed to be satisfied by a notation on the records maintained by DTC of ownership
interests of its participants ("DTC Participants") and other institutions that clear through or
maintain a custodial relationship with a DTC Participant, either directly or indirectly ("Indirect
Participants"). DTC Participants and Indirect Participants will be responsible for maintaining
mia-fslllOO525Jy @]j ~0516.\54\.0101011
B-8
1 ~ 11
records with respect to the beneficial ownership interests of individual purchasers of the Bonds
("Beneficial Owners").
This Bond shall initially be issued in the name of Cede & Co. as nominee for DTC, and
so long as this Bond is held in book-entry-only form Cede & Co. shall be considered the
registered owner for all purposes hereof, including the payment of the principal of and interest on
this Bond. Payment to DTC Participants shall be the responsibility of DTC. Payments by DTC
Participants to Indirect Participants, and by DTC Participants and Indirect Participants to
individual Beneficial Owners shall be the responsibility of DTC Participants and Indirect
Participants and not of DTC, the Issuer or the Trustee.
The Issuer shall keep books for the registration of the Bonds at the designated corporate
trust office of the Registrar in Miami, Florida. Except when registration of the Bonds is being
maintained pursuant to a book-entry-only system, the Bonds may be transferred or exchanged by
the registered owner thereof in person or by his attorney duly authorized in writing only upon the
books of the Issuer kept by the Registrar and only upon surrender thereof together with a written
instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his
duly authorized attorney. In all cases in which the privilege of transferring or exchanging Bonds
is exercised, the Issuer shall execute and the Trustee or such other authenticating agent as may be
appointed by the Trustee under the Indenture shall authenticate and deliver a new Bond or Bonds
in authorized form and in like aggregate principal amount in accordance with the provisions of
the Indenture. There shall be no charge for any such exchange or transfer of Bonds, but the
Issuer may require payment of a sum sufficient to pay any tax, fee or other governmental charge
imposed. Neither the Issuer nor the Registrar shall be required (a) to transfer or exchange Bonds
for a period of 15 days next preceding any selection of Bonds to be redeemed or thereafter until
after the mailing of any notice of redemption; or (b) to transfer or exchange any Bond called for
redemption in whole or in part.
The Issuer, the Trustee, the Paying Agent and the Registrar may deem and treat the
person in whose name any Bond shall be registered upon the books kept by the Registrar as the
absolute owner thereof (whether or not such Bond shall be overdue and notwithstanding any
notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee,
the Paying Agent or the Registrar) for the purpose of receiving payment of or on account of the
principal of, premium, if any, and interest on such Bond as the same becomes due, and for all
other purposes. All such payments so made to any such registered owner or upon his order shall
be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the
sum or sums so paid, and neither the Issuer, the Trustee, the Paying Agent, nor the Registrar
shall be affected by any notice to the contrary.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened
and have been performed in regular and due form and time as required by the laws and
Constitution of the State of Florida applicable thereto, including particularly the Act, and that the
issuance of this Bond, and of the issue of the Bonds of which this Bond is one, is in full
compliance with all constitutional and statutory limitations or provisions.
mia-fs111605251v .~I 11 .~II\\n.I.\4\.1I101IH)
B-9
]
STATEMENT OF V ALIDA TION
This Bond is one of a series of Bonds which were validated by judgment of the Circuit
Court ofthe Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on
the 20th day of September, 2004.
Chairman
Secretary
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of the within Bond, shall
be construed as though they were written out in full according to applicable laws or regulations.
TEN COM
TEN ENT
JT TEN
as tenants in common
as tenants by the entireties
as joint tenants with the right of survivorship and not as tenants in common
UNIFORM GIFT MIN ACT - Custodian
(Cust) (Minor)
under Uniform Gifts to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
****************************
ASSIGNMENT
For value received, the undersigned hereby sells, aSSIgns and transfers unto
the within Bond and all rights thereunder, and
hereby irrevocably constitutes and appoints , attorney to
transfer the said Bond on the books of the Issuer, with full power of substitution in the premises.
Dated:
Social Security Number or
Employer Identification
Number of Transferee:
Signature guaranteed:
NOTICE:
The assignor's signature to this Assignment must correspond with the name as it
appears on the face of the within Bond in every particular without alteration or
any change whatever.
mia-fsl\1605251v' ~1]j~1l5\65.\45.oJ OWIl
B-lO
EXHlliIT C
16/1
[FORM OF SERIES 2005B BOND]
R-_
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
WENlWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BOND, SERIES 200SB
Interest
Rate
Maturity
Date
Dated Date
CUSIP
_%
May 1,20_
July 1, 2005rDOCUMENT
DATEl
REGISTERED OWNER: CEDE & CO.
PRINCIP AL AMOUNT:
DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that Wentworth Estates Community
Development District (the "Issuer"), for value received, hereby promises to pay to the registered
owner shown above or registered assigns, on the date specified above, from the sources
hereinafter mentioned, upon presentation and surrender hereof at the designated corporate trust
office of Wachovia Bank, National Association located in Miami, Florida, as paying agent (said
bank and/or any bank or trust company to become successor paying agent being herein called the
"Paying Agent"), the principal amount set forth above with interest thereon at the rate per annum
set forth above, payable on the first day of May and November of each year, commencing
November 1, 200S. Principal of this Bond is payable at the designated corporate trust office of
Wachovia Bank, National Association located in Miami, Florida, in lawful money of the United
States of America. Except when registration of this Bond is being maintained pursuant to a
book-entry-only system, interest on this Bond is payable by check or draft of the Paying Agent
made payable to the registered owner and mailed to the address of the registered owner as such
name and address shall appear on the registry books of the Issuer maintained by Wachovia Bank,
National Association, as Registrar (said Registrar and any successor Registrar being herein
called the "Registrar") at the close of business on the fifteenth day of the calendar month
preceding each interest payment date or the date on which the principal of this Bond is to be paid
(the "Record Date"). Such interest shall be payable from the most recent interest payment date
next preceding the date of authentication hereof to which interest has been paid, unless the date
of authentication hereof is a May 1 or November 1 to which interest has been paid, in which case
from such date of authentication, or unless the date hereof is prior to November 1, 200S, in
which case from +u~y--!--;----20(8-JDOCUMENT DATE], or unless the date of authentication hereof
is between a Record Date and the next succeeding interest payment date, in which case from
such interest payment date. Any such interest not so punctually paid or duly provided for shall
forthwith cease to be payable to the registered owner on such Record Date and may be paid to
the person in whose name this Bond is registered at the close of business on a Special Record
Date for the payment of such defaulted interest to be fixed by the Paying Agent, notice whereof
shall be given to Bondholders of record as of the fifth (Sth) day prior to such mailing, at their
mia-fslllnll5253v '~I]j .~1I5165545,1I10II~)
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registered addresses, not less than ten (10) days prior to such Special Record Date, or may be
paid, at any time in any other lawful manner, as more fully provided in the Indenture (defined
below). The foregoing notwithstanding, any Owner of Bonds in an aggregate principal amount
of at least $1,000,000 shall be entitled to have interest paid by wire transfer to such Owner to the
bank account number on file with the Paying Agent, upon requesting the same in a writing
received by the Paying Agent at least fifteen (15) days prior to the relevant Interest Payment
Date, which writing shall specify the bank, which shall be a bank within the United States, and
bank account number to which interest payments are to be wired. Any such request for interest
payments by wire transfer shall remain in effect until rescinded or changed, in a writing
delivered by the Owner to the Paying Agent, and any such rescission or change of wire transfer
instructions must be received by the Paying Agent at least fifteen (IS) days prior to the relevant
Interest Payment Date.
THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER PAY ABLE SOLELY
OUT OF THE PLEDGED REVENUES PLEDGED THEREFOR UNDER THE INDENTURE
AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT, NOR THE TAXING
POWER OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR
ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE
PAYMENT OF THE BONDS, EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE
INDENTURE TO LEVY, AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE
CERTIFIED, FOR COLLECTION, SPECIAL ASSESSMENTS (AS DEFINED IN THE
INDENTURE) TO SECURE AND PAY THE BONDS. THE BONDS DO NOT CONSTITUTE
AN INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF
FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Indenture until it shall have been authenticated by execution of the
Trustee, or such other authenticating agent as may be appointed by the Trustee under the
Indenture, of the certificate of authentication endorsed hereon.
mia-fslll605251v' 'll.}\'Y~O.\\6554.\.OlllIllO
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1611-
IN WITNESS WHEREOF, Wentworth Estates Community Development District has
caused this Bond to be signed by the manual signature of the Chairman of its Board of
Supervisors and a facsimile of its seal to be imprinted hereon, and attested by the manual
signature of an Assistant Secretary of its Board of Supervisors, all as of the date hereof.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
By:
Chairman, Board of Supervisors
(SEAL)
Attest:
By:
Secretary
Board of Supervisors
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CERTIFICATE OF AUTHENTICATION
1 ~,
This Bond is one of the Bonds delivered pursuant to the within mentioned Indenture.
Date of Authentication:
Wachovia Bank, National Association, as
Trustee
By:
Authorized Officer
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[Back of Series 2005B Bondl
1"11
This Bond is one of an authorized series of Bonds of Wentworth Estates Community
Development District (the "District"), a community development district duly created, organized
and existing under Chapter 190, Florida Statutes (the Uniform Community Development District
Act of 1980), as amended (the "Act") designated as "Wentworth Estates Community
Development District (Collier County, Florida) Special Assessment Bonds, Series 200SB (the
"Series 2005B Bonds"), in the aggregate principal amount of $[PRINCIPAL AMOUNT Bl of
like date, tenor and effect, except as to number. Simultaneously with the issuance of the Series
200SB Bonds, the District is issuing on a parity with the Series 2005B Bonds its Wentworth
Estates Community Development District (Collier County, Florida) Special Assessment Bonds,
Series 200SA in the aggregate principal amount of $[PRINCIP AL AMOUNT Al (the "Series
2005A Bonds" and, together with the Series 2005B Bonds, the "Series 2005 Bonds" or the
"Bonds"). The Series 2005 Bonds are being issued under authority of the laws and Constitution
of the State of Florida, including particularly the Act. Proceeds of the Series 200SB Bonds shall
be used (i) to pay a portion of the costs of the Series 2005 Project (ii) to pay interest on the
2005B Bonds through November 1, 2006, (Hi) to fund the Debt Service Reserve Requirement for
the Series 200SB Bonds and (iv) to pay a portion of the costs of issuance of the Series 2005
Bonds. The Series 2005 Bonds shall be issued as fully registered Bonds in authorized
denominations, as set forth in the Indenture. The Series 2005 Bonds are issued under, and are
secured and governed by, a Master Trust Indenture dated as of July 1, 200SfDOCUMENT
DA TEl (the "Master Indenture"), by and between the Issuer and the Trustee and a First
Supplemental Trust Indenture dated as of July 1, 200SfDOCUMENT DATEl (the "First
Supplemental Indenture"), by and between the Issuer and the Trustee (the Master Indenture and
the First Supplemental Indenture together are referred to herein as the "Indenture"), executed
counterparts of which are on file at the designated corporate trust office of the Trustee in Miami,
Florida.
Reference is hereby made to the Indenture for the provisions, among others, with respect
to the custody and application of the proceeds of the Series 200S Bonds issued under the
Indenture, the operation and application of the Series 200SB Debt Service Reserve Account and
other Funds and Accounts (each as defined in the Indenture) charged with and pledged to the
payment of the principal of and interest on the Series 200SB Bonds, the levy, and the evidencing
and certifying for collection, of Special Assessments, the nature and extent of the security for the
Series 2005B Bonds, the terms and conditions on which the Series 200SB Bonds are issued and
on which Additional Bonds and Refunding Bonds (all as defined in the Indenture) may be issued
on a parity herewith, the rights, duties and obligations of the Issuer and of the Trustee under the
Indenture, the conditions under which such Indenture may be amended without the consent of
the registered owners of Bonds, the conditions under which such Indenture may be amended
with the consent of the registered owners of a majority in aggregate principal amount of the
Series 200S Bonds outstanding, and as to other rights and remedies of the registered owners of
the Series 2005B Bonds.
The owner of this Bond shall have no right to enforce the provisions of the Indenture or
to institute action to enforce the covenants therein, or to take any action with respect to any event
of default under the Indenture or to institute, appear in or defend any suit or other proceeding
with respect thereto, except as provided in the Indenture.
It is expressly agreed by the owner of this Bond that such owner shall never have the
right to require or compel the exercise of the ad valorem taxing power of the Issuer, Collier
mia-fsllln0.\251v .@ ]j .~(J5In5'45.010111I1
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County, Florida, the State of Florida or any political subdivision thereof, or taxation in any form
of any real or personal property of the Issuer, Collier County, Florida, the State of Florida or any
political subdivision thereof, for the payment of the principal of, premium, if any, and interest on
this Bond or the making of any other sinking fund and other payments provided for in the
Indenture, except for Special Assessments to be assessed and levied by the Issuer as set forth in
the Indenture.
By the acceptance of this Bond, the owner hereof assents to all the provisions of the
Indenture.
This Bond is payable from and secured by Pledged Revenues, as such term is defined in
the Indenture, all in the manner provided in the Indenture. The Indenture provides for the levy,
and the evidencing and certifying, of non ad valorem assessments in the form of Special
Assessments to secure and pay the Series 2005 Bonds.
The Series 2005B Bonds are subject to redemption prior to maturity in the amounts, at
the times and in the manner provided below. All payments of the redemption price of the Series
2005B Bonds shall be made on the dates specified below. Except as otherwise provided in the
Indenture, if less than all the Series 200S Bonds are to be redeemed pursuant to an extraordinary
mandatory redemption, the Trustee shall select the Series 2005 Bonds or portions of the Series
2005 Bonds to be redeemed pro rata between the Series 200SA Bonds and the Series 2005B
Bonds based on the original principal amount Outstanding and within each Series, by lot. Partial
redemption of Series 2005B Bonds shall be made in such a manner that the remaining 2005B
Bonds held by each Bondholder shall be in Authorized Denominations.
Extraordinary Mandatorv Redemption
The Series 200SB Bonds are subject to extraordinary mandatory redemption prior to
maturity by the Issuer in whole, on any date, or in part, on any Quarterly Redemption Date, at an
extraordinary mandatory redemption price equal to 100% of the principal amount of the Series
200SB Bonds to be redeemed, plus interest accrued to the redemption date, as follows:
(i) on each Quarterly Redemption Date, from Series 2005B
Prepayment Principal deposited into the Series 2005B Prepayment Account of the
Series 2005 Bond Redemption Fund following the payment in whole or in part of
Special Assessments on any portion of the District Lands specially benefited by
the Series 200S Project in accordance with the provisions of Section 4.05(a) of the
First Supplemental Indenture, including excess moneys transferred from the
Series 2005B Debt Service Reserve Account to the Series 200SB Prepayment
Account of the Series 200S Bond Redemption Fund resulting from such Special
Assessment prepayments pursuant to Section 4.01 (gf)(ii) of the First
Supplemental Indenture.
(ii) from moneys, if any, on deposit in the Series 200SB Accounts and
Subaccounts in the Series 2005 Funds and Accounts (other that the Rebate Fund)
sufficient to pay and redeem all Series 200SB Outstanding Bonds and accrued
interest thereon to the redemption date or dates in addition to all amounts owed to
Persons under the Master Indenture.
(iii) on or after the Completion Date of the Series 200S Project, (A) by
application of moneys remaining in the Series 200S Acquisition and Construction
mia-fsllln05253v .~I]j .~05\6\545.illlll'~1 C-6
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Account of the Acquisition and Construction Fund not reserved by the Issuer for
the payment of any remaining part of the Cost of the Series 200S Project and/or
Deferred Costs, all of which shall be transferred first to the Series 2005B General
Account of the Series 2005 Bond Redemption Fund and credited toward
extinguishment of the Special Assessments and applied toward the redemption of
the Series 200SB Bonds until no Series 2005B Bonds remain Outstanding, as
described in Section 4.01 (a) of the First Supplemental Indenture, and then to the
Series 200SA General Account of the Series 2005 Bond Redemption Fund and
credited toward extinguishment of the Special Assessments and applied toward
the redemption of the Series 2005A Bonds, as described in Section 4.01(a) of the
First Supplemental Indenture, in accordance with the manner it has credited such
excess moneys toward extinguishment of Series 2005A Special Assessments
and/or Series 200SB Special Assessments, as applicable, which the Issuer shall
describe to the Trustee in writing; and (B) after November 1, 2006, by application
of any moneys transferred from the Series 200SA Capitalized Interest Subaccount
or Series 2005B Capitalized Interest Subaccount pursuant to Section 4.0l(d) of
the First Supplemental Indenture, and applied by the Issuer toward the redemption
of the Series 200SB Bonds until no Series 2005B Bonds remain Outstanding and
thereafter to the redemption of Series 200SA Bonds.
(iv) from excess moneys transferred from the Series 2005B Revenue
Subaccount to the Series 200SB General Account of the Series 2005 Bond
Redemption Fund, in accordance with Section 6.03 of the Master Indenture and
Section 4.02 of the First Supplemental Indenture.
(v) from amounts on deposit in the Series 200SB Debt Service Reserve
Account in excess of the Debt Service Reserve Requirement for the Series 2005B
Bonds and transferred to the Series 200SB General Account of the Series 2005
Bond Redemption Fund in accordance with Section 6.05 of the Master Indenture
and Section 4.0l(f)(ii)(B) of the First Supplemental Indenture, to be used for the
extraordinary mandatory redemption of the Series 200SB Bonds.
Notice of Redemption
The Trustee shall cause notice of redemption to be mailed at least thirty but not more than
sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as
such owners appear on the books of the Registrar on the fifth (Sth) day prior to such mailing) and
to certain additional parties as set forth in the Indenture; provided, however, that failure to mail
any such notice or any defect in the notice or the mailing thereof shall not affect the validity of
the redemption of the Bonds for which such notice was duly mailed in accordance with the
Indenture. If less than all of the Bonds shall be called for redemption, the notice of redemption
shall specify the Bonds to be redeemed. On the redemption date, the Bonds called for
redemption will be payable at the designated corporate trust office of the Paying Agent and on
such date interest shall cease to accrue, such Bonds shall cease to be entitled to any benefit under
the Indenture and such Bonds shall not be deemed to be outstanding under the provisions of the
Indenture and the registered owners of such Bonds shall have no rights in respect thereof except
to receive payment of the redemption price thereof. If the amount of funds so deposited with the
Trustee, or otherwise available, is insufficient to pay the redemption price and interest on all
Bonds so called for redemption on such date, the Trustee shall redeem and pay on such date an
amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed
mia-fsllln05253v '~I]j' .~()5165545.IIJ1JItJO
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by lot from among all such Bonds called for redemption on such date, and interest on any Bonds
not paid shall continue to accrue, as provided in the Indenture.
This Bond shall be issued initially pursuant to a book-entry-only system administered by
The Depository Trust Company, New York, New York ("DTC"), which shall act as securities
depository for the Bonds, with no physical distribution of Bonds to be made. Any provisions of
the Indenture or this Bond requiring physical delivery of Bonds shall, under the book-entry-only
system, be deemed to be satisfied by a notation on the records maintained by DTC of ownership
interests of its participants ("DTC Participants") and other institutions that clear through or
maintain a custodial relationship with a DTC Participant, either directly or indirectly ("Indirect
Participants"). DTC Participants and Indirect Participants will be responsible for maintaining
records with respect to the beneficial ownership interests of individual purchasers of the Bonds
("Beneficial Owners").
This Bond shall initially be issued in the name of Cede & Co. as nominee for DTC, and
so long as this Bond is held in book-entry-only form Cede & Co. shall be considered the
registered owner for all purposes hereof, including the payment of the principal of and interest on
this Bond. Payment to DTC Participants shall be the responsibility of DTC. Payments by DTC
Participants to Indirect Participants, and by DTC Participants and Indirect Participants to
individual Beneficial Owners shall be the responsibility of DTC Participants and Indirect
Participants and not of DTC, the Issuer or the Trustee.
The Issuer shall keep books for the registration of the Bonds at the designated corporate
trust office of the Registrar in Miami, Florida. Except when registration of the Bonds is being
maintained pursuant to a book-entry-only system, the Bonds may be transferred or exchanged by
the registered owner thereof in person or by his attorney duly authorized in writing only upon the
books of the Issuer kept by the Registrar and only upon surrender thereof together with a written
instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his
duly authorized attorney. In all cases in which the privilege of transferring or exchanging Bonds
is exercised, the Issuer shall execute and the Trustee or such other authenticating agent as may be
appointed by the Trustee under the Indenture shall authenticate and deliver a new Bond or Bonds
in authorized form and in like aggregate principal amount in accordance with the provisions of
the Indenture. There shall be no charge for any such exchange or transfer of Bonds, but the
Issuer may require payment of a sum sufficient to pay any tax, fee or other governmental charge
imposed. Neither the Issuer nor the Registrar shall be required (a) to transfer or exchange Bonds
for a period of 15 days next preceding any selection of Bonds to be redeemed or thereafter until
after the mailing of any notice of redemption; or (b) to transfer or exchange any Bond called for
redemption in whole or in part.
The Issuer, the Trustee, the Paying Agent and the Registrar may deem and treat the
person in whose name any Bond shall be registered upon the books kept by the Registrar as the
absolute owner thereof (whether or not such Bond shall be overdue and notwithstanding any
notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee,
the Paying Agent or the Registrar) for the purpose of receiving payment of or on account of the
principal of, premium, if any, and interest on such Bond as the same becomes due, and for all
other purposes. All such payments so made to any such registered owner or upon his order shall
be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the
sum or sums so paid, and neither the Issuer, the Trustee, the Paying Agent, nor the Registrar
shall be affected by any notice to the contrary.
mi.-fsllIOO5253v '@]j ~1I5\65.\45.11l1l1l1l1
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It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened
and have been performed in regular and due form and time as required by the laws and
Constitution of the State of Florida applicable thereto, including particularly the Act, and that the
issuance of this Bond, and of the issue of the Bonds of which this Bond is one, is in full
compliance with all constitutional and statutory limitations or provisions.
mia-fs111605253v ,@.7J' '.~{)5\65545.fllflll11)
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STATEMENT OF VALIDATION
This Bond is one of a series of Bonds which were validated by judgment of the Circuit
Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on
the 20th day of September, 2004.
Chairman
Secretary
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of the within Bond, shall
be construed as though they were written out in full according to applicable laws or regulations.
TEN COM
TEN ENT
JT TEN
as tenants in common
as tenants by the entireties
as joint tenants with the right of survivorship and not as tenants in common
UNIFORM GIFf MIN ACT - Custodian
(Cust) (Minor)
under Uniform Gifts to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
****************************
ASSIGNMENT
For value received, the undersigned hereby sells, aSSIgns and transfers unto
the within Bond and all rights thereunder, and
hereby irrevocably constitutes and appoints , attorney to
transfer the said Bond on the books of the Issuer, with full power of substitution in the premises.
Dated:
Social Security Number or
Employer Identification
Number of Transferee:
Signature guaranteed:
NOTICE:
The assignor's signature to this Assignment must correspond with the name as it
appears on the face of the within Bond in every particular without alteration or
any change whatever.
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EXHIBIT C
FORM OF BOND PURCHASE CONTRACT
C - 1
. '1.
RMSS&R, P.A. Draft 07/8/05
$
WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BONDS, SERIES 2005A
AND
$
WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT
(COLLIER COUNTY, FLORIDA)
SPECIAL ASSESSMENT BONDS, SERIES 2005B
BOND PURCHASE CONTRACT
,2005
Board of Supervisors
Wentworth Estates Community Development District
Collier County, Florida
Attention: Chairman
Gentlemen:
Prager, Sealy & Co., LLC (the "Underwriter") offers to enter into this Bond Purchase
Contract (the "Purchase Contract") with the Board of Supervisors (the "Board") of the Wentworth
Estates Community Development District (the "Issuer"), located in Collier County, Florida. This
offer of the Underwriter shall, unless accepted by the Issuer, expire at 3:00 P.M. prevailing time
within the jurisdiction of the Issuer on the date hereof, unless previously withdrawn or extended in
writing by the Underwriter. Upon execution and delivery of this Purchase Contract, it shall be
binding upon the Issuer and the Underwriter. Any capitalized words not defined herein shall have
the meaning ascribed thereto in the Limited Offering Memorandum (hereinafter defined). In
conformance with Section 218.385, Florida Statutes, as amended, the Underwriter hereby delivers to
the Issuer the Disclosure and Tmth-In-Bonding Statement attached hereto as Exhibit A.
I. Purchase and Sale. Upon the terms and conditions and upon the basis of the
representations, warranties and agreements set forth herein, the Underwriter hereby agrees to
purchase from the Issuer and the Issuer hereby agrees to sell and deliver to the Underwriter, all (but
not less than all) of its $ Special Assessment Bonds, Series 2005A (the "Series 200SA
FTL:1361949:3
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Bonds" and its $ Special Assessment Bonds, Series 200SB (the "Series 2005B Bonds"
and together with the Series 2005A Bonds, the "Series 2005 Bonds"). The Series 200S Bonds shall
be dated July 1, 2005, and shall mature on the dates, shall bear interest at the rates, and shall be
subject to redemption prior to maturity, all as provided in Exhibit B attached hereto. The purchase
price for the Series 2005 Bonds shall be $ (representing the $ aggregate
principal amount of the Series 2005 Bonds, less an aggregate original issue discount of $
and less an aggregate underwriter's discount of $ ), plus interest accrued from July 1,
2005 to the date of the payment for and delivery of the Series 200S Bonds pursuant to Section 7
hereof (the "Closing Date") (such payment and delivery and the other actions contemplated hereby
to take place at the time of such payment and delivery being hereinafter referred to as the "Closing").
2. The Series 2005 Bonds. The Series 200S Bonds are authorized and issued pursuant to
the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as
amended, (the "Act") and resolutions duly adopted by the Board on July 7,2004 and ,
2005 (collectively, the "Resolution"). The Series 2005 Bonds shall be as described in, and shall be
issued and secured pursuant to, the provisions of a Master Trust Indenture (the "Master Indenture"),
as supplemented by a First Supplemental Indenture (the "Supplemental Indenture" and together with
the Master Indenture, the "Indenture") each dated as of July 1, 200S and each to be entered into by
and between the Issuer and Wachovia Bank, National Association, as Trustee (the "Trustee"). The
Special Assessments comprising the Pledged Revenues (as defined in the Indenture) will be levied
by the Issuer on lands within the District specially benefited by the Series 2005 Project pursuant to
resolutions duly adopted by the Board (collectively, the "Assessment Resolution"). The land in the
District to be developed with residential uses and as the Lifestyle Center is owned by VK Holdings
Treviso Bay, LLC a Florida limited liability company (the "Residential Landowner") Pursuant to
written arrangements, including a ground lease and purchase option agreement (the "Residential
Development Agreements") between Treviso Bay Development, LLC, a Delaware limited liability
company (the "Residential Developer") and the Residential Landowner, the Residential Developer is
responsible for developing the land in the District to be developed for residential uses and the
Lifestyle Center and is responsible for paying the Special Assessments levied on residential lots. The
land in the District to be developed for commercial purposes is owned by VK Holdings Treviso Bay
Commercial, LLC, a Florida limited liability company (the "Commercial Landowner") and the land
in the District to be developed as a golf course and golf clubhouse is owned by VK Holding Treviso
Bay Golf Course, LLC, a Florida limited liability company (the "Golf Course Landowner" and
together with the Residential Landowner and the Commercial Landowner, the "Landowners"). The
Issuer, the Residential Developer and the Golf Course Landowner will enter into an improvement
acquisition agreement pursuant to which the Issuer will acquire the Series 200S Project (the
"Acquisition Agreement"). The Issuer, the Residential Developer and the Golf Course Landowner
will also enter into a written completion agreement pursuant to which the Residential Developer and
the Golf Course Landowner will agree to complete and convey to the Issuer the applicable portions
of the Project each is responsible for developing, including the Series 2005 Project, regardless of
whether proceeds of Bonds, including the Series 200S Bonds, are available or sufficient to pay the
purchase price therefore. The Issuer, the Residential Developer and the Golf Course Landowner will
also enter into a true-up agreement relating to the Special Assessments and Golf Course (the "True-
Up Agreement").
FTl: 1361949:3
2
" ._._.M.
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3. Offering. It shall be a condition to the Issuer's obligation to sell and to deliver the
Series 200S Bonds to the Underwriter, and to the Underwriter's obligation to purchase, accept
delivery of and pay for the Series 2005 Bonds, that the entire principal amount of the Series 2005
Bonds be issued, sold and delivered by the Issuer and purchased, accepted and paid for by the
Underwriter at the Closing and that the Issuer and the Underwriter receive the opinions, documents
and certificates described in Section 8( c) hereof. The Underwriter agrees to deliver at the Closing a
certificate in form satisfactory to Bond Counsel as to the initial offering prices and yields of the
Series 2005 Bonds. The Underwriter reserves the right to change such initial offering prices or
yields as the Underwriter shall deem necessary in connection with the marketing of the Series 2005
Bonds and to offer and sell the Series 2005 Bonds to certain dealers (including dealers depositing the
Series 2005 Bonds into investment trusts, including investment trusts managed by the Underwriter)
and others at prices lower than the initial offering prices or yields set forth on the cover page of the
Limited Offering Memorandum. The Underwriter also reserves the right to: (i) overallot or effect
transactions that stabilize or maintain the market price of the Series 2005 Bonds at a level above that
which might otherwise prevail in the open market; and (ii) discontinue such stabilization, if
commenced, at any time.
4. Use of Documents. The Issuer hereby ratifies and confirms the use by the
Underwriter of the Preliminary Limited Offering Memorandum relating to the Series 200S Bonds
dated , 200S, including the cover page and Appendices thereto (the "Preliminary
Limited Offering Memorandum") prior to the date hereof, and authorizes the use by the Underwriter
of the final Limited Offering Memorandum with respect to the Series 2005 Bonds dated the date
hereof, including the cover page and Appendices thereto (the "Limited Offering Memorandum"),
including any supplements or amendments thereto, and the information contained therein, and any
other documents furnished by the Issuer, in connection with the offering and sale of the Series 2005
Bonds.
5. Definitions. For purposes hereof, this Purchase Contract, the Indenture, the
Continuing Disclosure Agreement (hereinafter defined), the DTC Blanket Issuer Letter of
Representations (hereinafter defined), the True- Up Agreement, the Acquisition Agreement and the
Completion Agreement are referred to herein collectively as the "Financing Documents."
6. Representations, Warranties and Agreements. The Issuer hereby represents, warrants
and agrees as follows:
(a) The Board is the governing body of the Issuer and the Issuer is and will be at
the Closing Date duly organized and validly existing as a local unit of independent special-
purpose government created pursuant to the Constitution and laws of the State of Florida,
including the Act;
(b) The Issuer has full legal right, power and authority to: (i) adopt the
Resolution and the Assessment Resolution; (ii) enter into the Financing Documents; (iii) sell,
issue and deliver the Series 2005 Bonds to the Underwriter as provided herein; (iv) apply the
proceeds of the sale of the Series 200S Bonds for the purposes described in the Limited
Offering Memorandum; (v) authorize the distribution of the Preliminary Limited Offering
Memorandum and execute the Limited Offering Memorandum; and (vi) carry out and
FTL:1361949:3
3
16' 1
consummate the transactions contemplated by the Resolution, the Financing Documents, and
the Limited Offering Memorandum. The Issuer has complied, and at the Closing will be in
compliance in all respects, with the terms of the Act and with the obligations on its part
contained in the Financing Documents and the Series 2005 Bonds;
(c) At meetings of the Board that were duly called and noticed and at which a
quorum was present and acting throughout, the Board duly adopted the Resolution and the
Assessment Resolution, and same are in full force and effect and have not been
supplemented, amended, modified or repealed. By all necessary official Board action, the
Issuer has duly authorized and approved the execution and delivery of the Financing
Documents, the Series 2005 Bonds and the Limited Offering Memorandum, has duly
authorized and approved the performance by the Issuer of the obligations on its part
contained in, the Financing Documents and the Series 2005 Bonds and the consummation by
it of all other transactions contemplated by this Purchase Contract to be performed by it in
connection with the issuance of the Series 2005 Bonds. Upon execution and delivery by the
Issuer and the Trustee, the Indenture will constitute a legal, valid and binding obligation of
the Issuer, enforceable in accordance with its terms, subject only to applicable bankruptcy,
insolvency, and similar laws affecting creditors' rights and subject, as to enforceability, to
general principles of equity (regardless of whether enforcement is sought in a proceeding in
equity or at law). Upon execution by the Issuer and the other parties thereto each of the
Financing Documents, each of such documents will constitute the legal, valid and binding
obligations of the Issuer, enforceable in accordance with their terms, subject only to
applicable bankruptcy, insolvency and similar laws affecting creditors' rights and subject, as
to enforceability, to general principles of equity (regardless of whether enforcement is sought
in a proceeding in equity or at law);
(d) To the best of its knowledge, the Issuer is not in material breach of or in
material default under any applicable provision of the Act or any applicable constitutional
provision, statute or administrative regulation of the State of Florida (the "State") or the
United States of America or any applicable judgment or decree, or any loan agreement,
indenture, bond, note, resolution, agreement, or other material instrument to which the Issuer
is a party or to which the Issuer or any of its property or assets is otherwise subject, and no
event has occurred and is continuing which with the passage of time or the giving of notice,
or both, would constitute a material default or material event of default under any such
instrument; and the execution and delivery of the Series 200S Bonds, the Financing
Documents and the Limited Offering Memorandum and the adoption of the Resolution and
the Assessment Resolution, and compliance with the provisions on the Issuer's part
contained therein, will not conflict with or constitute a material breach of or material default
under any applicable constitutional provision, law, administrative regulation, judgment,
decree, loan agreement, indenture, bond, note, resolution, agreement, or other instrument to
which the Issuer is a party or to which the Issuer or any of its property or assets is otherwise
subject, nor will any such execution, delivery, adoption, or compliance result in the creation
or imposition of any lien, charge, or other security interest or encumbrance of any nature
whatsoever upon any of the property or assets or under the terms of any such law, regulation
or instrument, except as provided by the Series 200S Bonds and the Indenture. To the best of
its knowledge, no event has occurred which constitutes or which, with the lapse of time or
FTL:1361949:3
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the giving of notice, or both, would constitute, an event of default (as therein defined) under
the Series 2005 Bonds or the Financing Documents;
(e) All authorizations, approvals, licenses, permits, consents and orders of any
governmental authority, legislative body, board, agency or commission having jurisdiction of
the matters which are required for the due authorization by, or which would constitute a
condition precedent to, or the absence of which would materially adversely affect, the due
performance by the Issuer of its obligations to issue the Series 2005 Bonds, or under the
Series 200S Bonds or the Financing Documents have been duly obtained, except for such
approvals, consents and orders as may be required under the Blue Sky or securities laws of
any state in connection with the offering and sale of the Series 2005 Bonds;
(f) The descriptions of the Series 200S Bonds, the Financing Documents, the
Series 2005 Project and the balance of the Project in the Preliminary Limited Offering
Memorandum and Limited Offering Memorandum conform in all material respects to the
Series 2005 Bonds, the Financing Documents (to the extent described), the Series 2005
Project and the balance of the Project;
(g) The Series 2005 Bonds, when issued, executed and delivered in accordance
with the Indenture and when sold to the Underwriter as provided herein, will be validly
issued and outstanding obligations of the Issuer, entitled to the benefits of the Indenture and
upon such issuance, execution and delivery of the Series 2005 Bonds, the Indenture will
provide, for the benefit of the holders from time to time of the Series 2005 Bonds, a legally
valid and binding pledge of and first lien on the Pledged Revenues. At Closing, all
conditions precedent to the issuance of the Series 200S Bonds set forth in the Indenture will
have been complied with or fulfilled;
(h) As of the date hereof, there is no claim, action, suit, proceeding, inquiry or
investigation, at law or in equity, before or by any court, government agency, public board or
body, pending or, to its best knowledge, threatened against the Issuer: (i) contesting the
corporate existence or powers of the Board or the titles of the respective officers of the Board
to their respective offices; (ii) affecting or seeking to prohibit, restrain or enjoin the sale,
issuance or delivery of the Series 2005 Bonds or the application of the proceeds of the sale
thereof for the purposes described in the Limited Offering Memorandum or the collection of
Special Assessments or the pledge of and lien on the Pledged Revenues pursuant to the
Indenture; (iii) contesting or affecting specifically as to the Issuer the validity or
enforceability of the Act or any action of the Issuer in any respect relating to authorization
for the issuance of the Series 2005 Bonds, or the authorization of the acquisition of the Series
200S Project, the balance of the Project, the Resolution, the Assessment Resolution, the
Financing Documents, or the application of the proceeds of the Series 2005 Bonds for the
purposes set forth in the Limited Offering Memorandum; (iv) contesting the federal or state
tax status of the Series 2005 Bonds; or (v) contesting the completeness or accuracy of the
Preliminary Limited Offering Memorandum or the Limited Offering Memorandum or any
supplement or amendment thereto;
FTL:1361949:3
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(i) The Issuer will furnish such information, execute such instruments and take
such other action in cooperation with the Underwriter as the Underwriter may reasonably
request in order to: (i) qualify the Series 2005 Bonds for offer and sale under the Blue Sky
or other securities laws and regulations of such states and other jurisdictions of the United
States as the Underwriter may designate; and (ii) determine the eligibility ofthe Series 2005
Bonds for investment under the laws of such states and other jurisdictions, and the Issuer will
use its best efforts to continue such qualifications in effect so long as required for the initial
offering and distribution of the Series 200S Bonds; provided, however, that the Issuer shall
not be required to execute a general or special consent to service of process or to qualify to
do business in connection with any such qualification or determination in any jurisdiction or
register as a broker/dealer;
(j) As of its date and (unless an event occurs ofthe nature described in paragraph
(1) of this Section 6) and at all times subsequent thereto, up to and including the Closing
Date, the statements and information contained in the Preliminary Limited Offering
Memorandum (other than "permitted omissions" as permitted by Rule l5c2-12) and in the
Limited Offering Memorandum are and will be accurate in all material respects for the
purposes for which their use is authorized and do not and will not contain any untrue
statement of a material fact or omit to state a material fact necessary to make the statements
made therein, in the light of the circumstances under which they were made, not misleading;
provided, however, that no representation is made concerning information contained in the
Preliminary Limited Offering Memorandum and the Limited Offering Memorandum under
the captions "DESCRIPTION OF THE SERIES 2005 BONDS-Book-Entry-Only System,"
"THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER" and "THE
DEVELOPMENT;"
(k) If the Limited Offering Memorandum is supplemented or amended pursuant
to subsection (1) of this Section 6, at the time of each supplement or amendment thereto and
(unless subsequently again supplemented or amended pursuant to such paragraph) at all
times subsequent thereto up to and including the Closing Date, the Limited Offering
Memorandum as so supplemented or amended will not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements therein, in the
light of the circumstances under which they were made, not misleading; provided, however,
that no representation is made concerning information contained in the Limited Offering
Memorandum under the captions "DESCRIPTION OF THE SERIES 2005 BONDS - Book-
Entry-Only System," "THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER"
and "THE DEVELOPMENT;"
(1) If between the date of this Purchase Contract and the earlier of: (i) ninety
(90) days from the end of the "Underwriting Period" as defined in Securities Exchange
Commission Rule ISc2-l2 (17 CFR 240.15c2-l2) ("Rule 15c2-l2"); or (ii) the time when
the Limited Offering Memorandum is available to any person from a nationally recognized
municipal securities information repository (but in no event less than twenty-five (25) days
following the end of the Underwriting Period), any event shall occur, of which the Issuer has
actual knowledge, which might or would cause the Limited Offering Memorandum, as then
supplemented or amended, to contain any untrue statement of a material fact or to omit to
FTL:1361949:3
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state a material fact necessary to make the statements therein, in the light of the
circumstances under which they were made, not misleading, the Issuer shall notify the
Underwriter thereof, and, if in the opinion of the Underwriter such event requires the
preparation and publication of a supplement or amendment to the Limited Offering
Memorandum, the Issuer will at its expense supplement or amend the Limited Offering
Memorandum in a form and in a manner approved by the Underwriter;
(m) As of its date, the Preliminary Limited Offering Memorandum is hereby
deemed final by the Issuer for purposes of Rule 15c2-12. The Issuer shall provide to the
Underwriter, within a sufficient time period for final Limited Offering Memorandum to
accompany confirmations delivered by the Underwriter to potential investors in accordance
with Rules G-32 and G-36 and all other applicable rules of the Municipal Securities
Rulemaking Board ("MSRB"), but in no event later than seven (7) business days following
the date hereof, a quantity of Limited Offering Memorandum adequate to enable the
Underwriter to meet the continuing obligations imposed on it by Rule l5c2-12 and the rules
of the MSRB. This covenant shall survive the Closing;
(n) Except as disclosed in the Limited Offering Memorandum, there has been no
material adverse change in the financial position, results of operations or condition, financial
or otherwise, of the Issuer, and the Issuer has not incurred liabilities that would materially
adversely affect its ability to discharge its obligations under the Resolution, the Assessment
Resolution, the Series 2005 Bonds or the Financing Documents, direct or contingent, other
than as set forth in or contemplated by the Limited Offering Memorandum;
(0) The Issuer has not and is not now in default in the payment of the principal of
or the interest on any governmental security issued or guaranteed by it after December 31,
1975 which would require the disclosure pursuant to Section 517.051, Florida Statutes or
Rule 3E-400.003 of the Florida Department of Financial Services;
(p) The Issuer has not been notified of any listing or the proposed listing of the
Issuer by the Internal Revenue Service as an issuer whose arbitrage certifications may not be
relied upon;
(q) Any certificate signed by any official of the Issuer and delivered to the
Underwriter will be deemed to be a representation by the Issuer to the Underwriter as to the
statements made therein; and
(r) All proceedings undertaken by the Issuer with respect to the Special
Assessments securing the Series 2005 Bonds, including adoption of the Assessment
Resolution, were undertaken in accordance with Florida law. Notice of the Issuer's intent to
use the Uniform Method of collection of the Special Assessments was given to landowners
in the District in accordance with Chapter 197, Florida Statutes. The Special Assessments,
as initially levied and as may be reallocated from time to time in accordance with the
Assessment Resolution and the Assessment Methodology Report, as amended, included as
Appendix E to the Limited Offering Memorandum (the "Methodology"), constitute legal,
valid, binding and enforceable liens upon the property against which such Special
FTL:1361949:3
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Assessments are assessed, co-equal with the lien of all county, district and municipal ad
valorem taxes and non-ad valorem assessments, and superior in dignity to all other liens,
titles and claims, until paid. Any reallocation of the Special Assessments pursuant to the
Methodology can be accomplished without additional proceedings of the Board. As the
result of certain restrictions of record with respect to the lands in the District, the
Landowners and the Residential Developer will not have the right to exercise the prepayment
right granted by Section 170.09, Florida Statutes to prepay the Special Assessments without
interest within thirty days following the completion of the Series 2005 Project and the
acceptance thereof by the Issuer or following the completion of the balance of the Project
and the acceptance thereof. The levy of the Special Assessments is sufficient to pay the Debt
Service Requirements on the Series 2005 Bonds through the final maturity thereof.
7. Closing. At 10:00 a.m. prevailing time on , 2005, or at such earlier or
later time as may be mutually agreed upon by the Issuer and the Underwriter, the Issuer will, subject
to the terms and conditions hereof, deliver to the Underwriter, the Series 200S Bonds in definitive
form, duly executed and authenticated, together with the other documents hereinafter mentioned,
and, subject to the terms and conditions hereof, the Underwriter will accept such delivery and pay
the purchase price of the Series 2005 Bonds as set forth in Section 1 hereof, in federal or other
immediately available funds to the order of the Issuer. Delivery of the Series 2005 Bonds as
aforesaid shall be made to the Trustee through the "FAST" system of registration with The
Depository Trust Company, New York, New York, or at such other place as may be mutually agreed
upon by the Issuer and the Underwriter. The Series 2005 Bonds shall be typewritten, shall be
prepared and delivered as fully registered bonds in book-entry only form, registered in the name of
Cede & Co. and shall be made available to the Underwriter at least one (1) business day before the
Closing for purposes of inspection and packaging, unless otherwise agreed by the Issuer and the
Underwriter.
8. Closing Conditions. The Underwriter has entered into this Purchase Contract in
reliance upon the representations and warranties of the Issuer contained herein, and in reliance upon
the representations and warranties to be contained in the documents and instruments to be delivered
at the Closing and upon the performance by the Issuer of its obligations hereunder, both as of the
date hereof and as of the date of the Closing. Accordingly, the Underwriter's obligations under this
Purchase Contract to purchase, to accept delivery of and to pay for the Series 2005 Bonds are
conditioned upon the performance by the Issuer of its obligations to be performed hereunder and
under such documents and instruments at or prior to the Closing, and are also subject to the
following additional conditions:
(a) The representations and warranties of the Issuer contained herein shall be
true, complete and correct, on the date hereof and on and as of the Closing Date, as if made
on the Closing Date;
(b) At the time of the Closing, the Resolution, the Assessment Resolution, the
Series 200S Bonds and the Financing Documents shall each be in full force and effect in
accordance with their respective terms and the Resolution, the Assessment Resolution, the
Indenture and the Limited Offering Memorandum shall not have been supplemented,
FTL:1361949:3
8
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amended, modified or repealed, except in any such case as may have been agreed to by the
Underwriter;
(c) At or prior to the Closing, the Underwriter and the Issuer shall have received
each of the following:
(1) The Limited Offering Memorandum and each supplement or
amendment, if any, thereto, executed on behalf of the Issuer by the Chairman or
other authorized member of the Board;
(2) A copy of each of the resolutions comprising the Resolution and the
Assessment Resolution certified by the Secretary of the Board under seal as having
been duly adopted by the Board of the Issuer and as being in full force and effect,
with only such supplements or amendments as may have been agreed to by the
Underwriter;
(3) Executed copies of the Indenture and the Financing Documents;
(4) The opinion, dated the Closing Date and addressed to the Issuer, of
Bond Counsel to the Issuer, in substantially the form included in the Limited
Offering Memorandum as Appendix B, together with a letter of such counsel, dated
the Closing Date and addressed to the Underwriter, to the effect that the foregoing
opinion addressed to the Issuer may be relied upon by the Underwriter to the same
extent as if such opinion were addressed to them;
(S) The opinion dated the date of the Closing and addressed to the Issuer
and the Underwriter, of Bond Counsel, in the form annexed as Exhibit C hereto;
(6) The opinion, dated the Closing Date and addressed to the Issuer and
the Underwriter of counsel to the Issuer, substantially in the form annexed as Exhibit
D hereto;
(7) An opinion dated the Closing Date and addressed to the Underwriter
of counsel to the Underwriter in form and substance satisfactory to the Underwriter;
(8) An opinion, dated the Closing Date and addressed to the Underwriter,
the Issuer and Bond Counsel, of counsel to the Trustee, in form and substance
acceptable to the Underwriter and a customary authorization and incumbency
certificate, dated the date of Closing, signed by authorized officers of the Trustee;
(9) A certificate of each of the Residential Developer, the Golf Course
Landowner and the Commercial Landowner, in substantially the form of the
certificate included herein as Exhibit E, a certificate of V.K. Development
Corporation, a Wisconsin corporation, substantially in the form of the certificate
included herein as Exhibit E, a certificate of VK Holdings Treviso Bay Marina, LLC,
substantially in the form of the certificate included herein as Exhibit E, an opinion of
FTL:1361949:3
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counsel to the Residential Developer, the Golf Course Landowner and the
Commercial Landowner, in substantially the form included herein as Exhibit F, and a
certificate of the engineers for the Residential Developer, Golf Course Landowner
and Commercial Landowner in substantially the form of the certificate included
herein as Exhibit G;
(10) A certificate, dated the Closing Date, signed by the Chairman or Vice-
Chairman and the Secretary or an Assistant Secretary of the Board, setting forth that:
(i) each of the representations of the Issuer contained in Section 6 hereof was true
and accurate in all material respects on the date when made, has been true and
accurate in all material respects at all times since, and continues to be true and
accurate (to the best of their knowledge and belief where applicable) in all material
respects on the Closing Date as if made on such date; (ii) the Issuer has performed all
obligations to be performed hereunder as ofthe Closing Date; and (iii) the Issuer has
never been in default as to principal or interest with respect to any obligation issued
or guaranteed by the Issuer;
(11) A customary signature and no litigation certificate, dated the date of
Closing, signed on behalf of the Issuer by the Chairman or Vice-Chairman and
Secretary or an Assistant Secretary of the Board;
(12) Evidence of compliance with the requirements of Section 189.4085,
Florida Statutes;
(13) A copy of each of the executed DTC Blanket Issuer Letter of
Representations entered into between the Issuer and The Depository Trust Company,
New York, New York (the "DTC Letter of Representations") and the Continuing
Disclosure Agreement entered into among the Issuer, the Residential Developer and
the Golf Course Landowner and the dissemination agent named therein (the
"Continuing Disclosure Agreement"), each in form and substance satisfactory to the
Underwriter;
(14) executed copies of the Issuer's certification as to arbitrage and other
matters relative to the tax status of the Series 2005 Bonds under Section 148 of the
Internal Revenue Code of 1986, as amended;
(15) a certificate from the Issuer's Consulting Engineer, in substantially the
form attached hereto as Exhibit H dated the date of Closing and addressed to the
Issuer and the Underwriter;
(16) title opinions from counsel to each of the Landowners with respect to
the District Lands owned by such Landowners, indicating that the applicable entity
.. comprising the Landowners owns such lands in the Development as described
therein (which, in the aggregate, shall constitute all lands in the District), that there
are no liens or encumbrances on such land that would materially adversely effect the
development of the Development as described in the Limited Offering
10
.--.. .-.----.~.--.-----------.--r.-
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Memorandum, that there are no mortgages on such land other than those disclosed in
the Limited Offering Memorandum and that all accrued, due and unpaid taxes on the
lands owned by the respective Landowners subject to the Special Assessments have
been satisfied in full, among other matters;
(17) the final Methodology approved by the Issuer, together with a
certificate of Severn Trent Services, Inc., in substantially the form attached hereto as
Exhibit I;
(18) evidence of recording of acknowledgment of Special Assessments and
waiver of prepayment rights by each of the Landowners and the Residential
Developer within thirty (30) days after the completion of the Series 2005 Project and
completion of the balance of the Project;
(19) a copy of an appraisal from an independent appraiser indicating that
the value of the land, if any, included in the Series 2005 Project being conveyed to
the Issuer pursuant to the Acquisition Agreement is equal to or greater than the
purchase price being paid for such land pursuant to the Acquisition Agreement;
(20) evidence that the Assessment Resolution contains language permitting
prepayment of the Special Assessments consistent with the financing structure, in a
manner reasonably satisfactory to the Underwriter and its counsel;
(21) such additional documents as may be required by the Indenture to be
delivered as a condition precedent to the issuance of the Series 200S Bonds;
(22) copies of every other certificate, agreement or document delivered to
Bond Counsel in connection with the issuance, sale or delivery of the Series 200S
Bonds;
(23) such additional legal opinions, certificates, instruments and other
documents as the Underwriter may reasonably request to evidence the truth and
accuracy, as of the date hereof and as of the date of the Closing, of the Issuer's
representations and warranties contained herein and of the statements and
information contained in the Limited Offering Memorandum and the due
performance or satisfaction by the Issuer on or prior to the date of the Closing of all
the agreements then to be performed and conditions then to be satisfied by it; and
(24) special assessment acknowledgements from holders of any mortgages
on property in the District, including the holder of the Wachovia Leasehold
Mortgage, in the form attached as Exhibit J.
If the Issuer shall be unable to satisfy the conditions to the obligations of the
Underwriter to purchase, to accept delivery of and to pay for the Series 2005 Bonds contained in this
Purchase Contract, or if the obligations of the Underwriter to purchase, to accept delivery of and to
pay for the Series 200S Bonds shall be terminated for any reason permitted by this Purchase
FTl:1361949:3
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Contract, this Purchase Contract shall terminate and neither the Underwriter nor the Issuer shall be
under any further obligation hereunder, except that the respective obligations of the Issuer and the
Underwriter set forth in Section 10 hereof shall continue in full force and effect.
9. Termination. The Underwriter shall have the right to terminate its obligations under
this Purchase Contract to purchase, to accept delivery of and to pay for the Series 2005 Bonds by
notifying the Issuer of its election to do so if, after the execution hereof and prior to the Closing: (i)
legislation shall have been introduced in or enacted by the Congress of the United States or enacted
by the State, or legislation pending in the Congress of the United States shall have been amended, or
legislation shall have been recommended to the Congress of the United States or otherwise endorsed
for passage (by press release, other form of notice or otherwise) by the President of the United
States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman
or ranking minority member of the Committee on Finance of the United States Senate or the
Committee on Ways and Means of the United States House of Representatives, or legislation shall
have been proposed for consideration by either such Committee, by any member thereof, or
legislation shall have been favorably reported for passage to either House of Congress of the United
States by a Committee of such House to which such legislation has been referred for consideration,
or a decision shall have been rendered by a court of the United States or the State, including the Tax
Court of the United States, or a ruling shall have been made or a regulation shall have been proposed
or made or a press release or other form of notice shall have been issued by the Treasury Department
of the United States, or the Internal Revenue Service or other Federal or State authority, with respect
to Federal or State taxation upon revenues or other income of the general character to be derived by
the Issuer or by any similar body, or upon interest on obligations of the general character of the
Series 2005 Bonds, which may have the purpose or effect, directly or indirectly, of materially and
adversely affecting the tax status of the Issuer, its property or income, its securities (including the
Series 2005 Bonds) or the interest thereon, or any tax exemption granted or authorized by the State
or, which in the opinion of the Underwriter, affects materially and adversely the market for the
Series 200S Bonds, or the market price generally of obligations of the general character of the Series
2005 Bonds; or (ii) the United States shall have become engaged in hostilities which have resulted in
a declaration of war or a national emergency or other unforeseen national or international calamity
shall have accelerated to such an extent as, in the reasonable opinion of the Underwriter, affects
materially and adversely the market for the Series 2005 Bonds, or the market price generally of
obligations of the general character of the Series 2005 Bonds; or (iii) there shall have occurred a
general suspension of trading on the New York Stock Exchange or the declaration of a general
banking moratorium by United States, New York State or State authorities; or (iv) the Issuer has,
without the prior written consent of the Underwriter, offered or issued any bonds, notes or other
obligations for borrowed money, or incurred any material liabilities, direct or contingent, or there has
been an adverse change of a material nature in the financial position, results of operations or
condition, financial or otherwise, of the Issuer, other than in the ordinary course of its business; or
(v) any event shall have occurred or shall exist which, in the reasonable opinion of the Underwriter,
would or might cause the information contained in the Limited Offering Memorandum, as then
supplemented or amended, to contain any untrue statement of a material fact or omit to state a
material fact required to be stated therein or necessary to make the statements therein, in the light of
the circumstances under which they were made, not misleading.
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10. Expenses.
(a) The Underwriter shall be under no obligation to pay, and the Issuer shall pay,
any expense incident to the performance of the Issuer's obligations hereunder including, but
not limited to: (i) the cost of preparation, printing and delivery of the Preliminary Limited
Offering Memorandum and the Limited Offering Memorandum in reasonable quantities (but
in no event less than as may be required by Section 6(m) hereof); (ii) the cost of preparation,
printing and delivery of any supplements and amendments to the Limited Offering
Memorandum; (iii) the cost of preparation and printing of the Series 2005 Bonds; (iv) the
fees and disbursements of Bond Counsel and counsel to the Issuer; (v) the fees and
disbursements of the District Manager; (vi) the fees and disbursements of any engineers,
accountants, and other experts, consultants or advisors retained by the Issuer; and (vii) the
fees and expenses of any Trustee, Paying Agent and Bond Registrar, and of their respective
counsel, if any.
(b) The Underwriter shall pay: (i) the cost of preparation and printing of this
Purchase Contract; and (ii) all other expenses incurred by it in connection with the public
offering of the Series 200S Bonds, including the fees and disbursements of counsel retained
by it.
11. Notices. Any notice or other communication to be given to the Issuer under this
Purchase Contract may be given by delivering the same in writing to the District Manager at Severn
Trent Services, Inc., 10300 NW 11th Manor, Coral Springs, Florida 33071, with a copy to Jonathan
Johnson, Hopping Green & Sams, P.A., 123 South Calhoun Street, Tallahassee, Florida 32301, and
any notice or other communication to be given to the Underwriter under this Purchase Contract may
be given by delivering the same in writing to Prager, Sealy & Co., LLC, 200 South Orange Avenue,
Suite 1900, Orlando, Florida 32801, Attention: Ms. Lydia Kiser.
12. Parties In Interest; Survival of Representations. This Purchase Contract is made
solely for the benefit of the Issuer and the Underwriter (including the successors or assigns of the
Underwriter) and no other person shall acquire or have any right hereunder or by virtue hereof. All
ofthe Issuer's representations, warranties and agreements contained in this Purchase Contract shall
remain operative and in full force and effect, regardless of: (i) any investigations made by or on
behalf of the Underwriter; and (ii) delivery of and payment for the Series 2005 Bonds pursuant to
this Purchase Contract.
13. Effectiveness. This Purchase Contract shall become effective upon the execution by
the appropriate officials of the Issuer and shall be valid and enforceable at the time of such
acceptance. To the extent of any conflict between the provisions of this Purchase Contract and any
prior contract between the parties hereto, the provisions of this Purchase Contract shall govern.
14. Headings. The headings of the sections of this Purchase Contract are inserted for
convenience only and shall not be deemed to be a part hereof.
FTl:1361949:3
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15. Amendment No modification, alteration or amendment to this Purchase Contract
shall be binding upon any party until such modification, alteration or amendment is reduced to
writing and executed by all parties hereto.
16. Governing Law. The laws of the State of Florida shall govern this Purchase Contract.
17. Counterparts. This Purchase Contract may be signed in any number of counterparts
with the same effect as if the signatures thereto and hereto were signatories upon the same
instrument.
Very truly yours,
PRAGER, SEALY & CO., LLC
By:
Title:
Accepted and agreed to this
_ day of , 200S
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
By:
Chairman, Board of Supervisors
FTL: 1361949:3
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EXHIBIT B
TERMS OF SERIES 2005 BONDS
1.
Aggregate Purchase Price:
$ , plus accrued interest from July 1, 2005
to the Closing Date
2.
Amounts, interest rates,
maturity dates and prices:
$ % Term Series 2005A Bonds
Due May 1, 202_ Priced to Yield _ %
$ % Term Series 2005B Bonds
Due May 1,200_ Priced to Yield_%
3.
Optional Redemption
Provisions:
See Preliminary Limited Offering Memorandum
4. Mandatory Sinking
Fund Redemption:
Series 2005A Bonds Maturing May 1. 20
Year
beginning May 1,
Principal
Amount
$
*
* Final Maturity
The Series 2005B Bonds are not subject to mandatory sinking fund redemption.
FTL:1361949:3
Exhibit B-1
....-----....---..-...............-..----]
EXHIBIT C
BOND COUNSEL'S SUPPLEMENTAL OPINION
[Closing Date]
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District Special
Assessment Bonds, Series 2005A and $ Wentworth Estates
Community Development District Special Assessment Bonds, Series 200SB
Ladies and Gentlemen:
[Customary introduction/qualifications]
1. It is not necessary in connection with the sale of the Series 2005 Bonds to
register the Series 200S Bonds under the Securities Act of 1933, as amended, or to qualify
the Indenture under the Trust Indenture Act of 1939, as amended.
2. The statements set forth in the Preliminary Limited Offering Memorandum
and the Limited Offering Memorandum relating to the Series 2005 Bonds under the
headings, "Description of the Series 200S Bonds" (except for the section thereunder entitled
"Book-Entry-Only System"), "Security for and Sources of Payment of the Series 200S
Bonds," "Tax Matters," "Agreement by the State," "Legality for Investment," and in
"Appendix A - Form of the Indenture," insofar as such information purports to describe or
summarize certain provisions of the Indenture, the Series 2005 Bonds and the provisions of
the Internal Revenue Code of 1986, as amended, as of this date, are fair and accurate
descriptions or summaries of such provisions.
Very truly yours,
FTL:1361949:3
Exhibit C-l
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EXHIBIT D
ISSUER'S COUNSEL'S OPINION
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A, and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (collectively, the "Bonds")
Ladies and Gentlemen:
[Customary introduction/qualifications 1
1. Under the Act, the District has been duly established and validly exists as an
independent special district with such powers as set forth in the Act, with good, right and
lawful authority to, among other things, (a) execute and deliver, and perform its obligations
under the Financing Documents, (b) acquire, operate and construct the Series 2005 Project as
contemplated by the Indenture and the Limited Offering Memorandum, and to provide funds
therefore through the issuance of the Bonds, (c) impose, levy and collect the Special
Assessments, (d) issue, sell and deliver the Series 200S Bonds for the purposes contemplated
by the Indenture and the Limited Offering Memorandum, and (e) secure the Series 2005
Bonds as provided by the Indenture; and the District has complied with all provisions of
applicable law to date in the adoption, execution, delivery and performance described in this
paragraph.
2. The District has duly authorized all necessary action to be taken by it for: (a)
the issuance and sale ofthe Series 200S Bonds upon the terms set forth in the Bond Purchase
Contract and in the Limited Offering Memorandum; (b) the approval of the Limited Offering
Memorandum and the execution of the Limited Offering Memorandum by a duly authorized
officer; and (c) the execution, delivery and receipt of the Financing Documents and any and
all such other agreements and documents as may be required to be executed, delivered and
received by the District in order to carry out, give effect to, and consummate the transactions
contemplated by the Bond Purchase Contract and the Series 200S Bonds.
FTl:1361949:3
Exhibit D-l
. -. ------,-----.- .
3. The Bond Purchase Contract, the Indenture, the Continuing Disclosure
Agreement, the DTC Letter of Representation, the Acquisition Agreement, the Completion
Agreement, and the True-Up Agreement (collectively, the "Financing Documents") have
been duly authorized, executed and delivered, and constitute legal, valid and binding
agreements of the District, enforceable in accordance with their respective terms, except to
the extent that the enforceability of the rights and remedies set forth therein may be limited
by bankruptcy, insolvency, and similar laws affecting creditors' rights generally and general
principles of equity.
4. There is no litigation or other proceeding now pending, or to our best
knowledge threatened: (a) contesting the existence or powers of the board or the titles of the
respective officers of the Board to their respective offices; (b) affecting or seeking to
prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds or the application of
the proceeds of the sale thereof for the purposes described in the Limited Offering
Memorandum or the collection of Special Assessments or the pledge of and lien on the
Pledged Revenues pursuant to the Indenture; (c) contesting or affecting specifically as to the
District the validity or enforceability of the Act or any action of the District relating to
authorization for the issuance of the Series 2005 Bonds or the authorization of the Series
2005 Project, the Resolution, the Assessment Resolution, the Financing Documents or the
application of the proceeds of the Series 2005 Bonds for the purposes set forth in the Limited
Offering Memorandum; or (d) contesting the completeness or accuracy of the Preliminary
Limited Offering Memorandum or the Limited Offering Memorandum or any supplement or
amendment thereto.
5. The District has duly authorized, executed, and delivered the Limited
Offering Memorandum.
6. Based upon our limited participation of the preparation of the Preliminary
Limited Offering Memorandum and Limited Offering Memorandum as counsel to the
District, we have no reason to believe that the statements and information of the Limited
Offering Memorandum under the captions "SECURITY FOR AND SOURCES OF
PAYMENT OF THE SERIES 2005 BONDS" - sub-captions Enforcement of Payment of
Special Assessments, Prepayment of Special Assessments and Adjustments to Special
Assessments," and the captions (and all subheadings thereunder) "THE ISSUER AND THE
DISTRICT" and "LITIGA nON" are not true and accurate and as of its date did not, and as
of the date of Closing do not, contain any untrue statement of a material fact or omit to state
a material fact necessary to make the statements made therein, in light of the circumstances
under which they were made, not misleading; provided, however, that we have not
undertaken to determine independently the accuracy or completeness of the statements
contained in the section entitled "THE DISTRICT-The District Manager and other
Consultants." Based upon our limited participation in the preparation of the Limited
Offering Memorandum as counsel to the District, the statements contained in the Limited
Offering Memorandum under the caption "ENFORCEMENT OF ASSESSMENT
COLLECTIONS" are a fair and accurate summary of the law, provided, however, that we
have not undertaken to determine independently the accuracy or completeness of the
statements contained in the sub-caption entitled "Tax Levies and Collections."
FTl: 1361949:3
Exhibit D-2
11.11
7. To the best of our know ledge, the District is not in default under the terms and
provisions of the Indenture. In addition, to the best of our knowledge, the District is not in
breach of or default under any applicable provision of the Act or constitutional provision,
statute, or administrative regulation of the State or the United States or any applicable
judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or
other material instrument to which the District is a party or by which the District or property
or assets owned by the District is otherwise subject, which breach or default would constitute
a material default by the District under any such instrument.
8. To the best of our knowledge, the execution and delivery of the Series 2005
Bonds, the Financing Documents, and the adoption of the Resolution and the Assessment
Resolution and compliance with the provisions on the District's part contained therein will
not conflict with or constitute a breach of or default under any applicable constitutional
provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond,
note, resolution, agreement or other instrument to which the District is a party or by which
the District or any property or assets owned by the District is otherwise subject, nor will any
such execution, delivery, adoption or compliance result in the creation or imposition of any
lien, charge or other security interest or encumbrance of any nature whatsoever upon any of
the property or assets owned by the District or under the terms of any such law, regulation or
instrument, except as expressly provided by the Assessment Resolution, the Series 2005
Bonds and the Indenture. To the best of our knowledge, the District has taken no action
which, with the lapse of time or the giving of notice, or both would constitute a material
default or event of default by the District under the Series 2005 Bonds or the Financing
Documents.
9. All authorizations, approvals, licenses, permits, consents and orders of any
governmental authority, legislative body, board, agency or commission having jurisdiction of
the matters which are required for the due authorization by, or which would constitute a
condition precedent to, or the absence of which would constitute a condition precedent to
the issuance of the Series 2005 Bonds or performance by the District under the Financing
Documents, have been duly obtained or effected, provided that no opinion is expressed as to
the applicability of state Blue Sky laws. No opinion is expressed regarding the status of any
permit, license or other governmental approval addressed in the certificate of the Developer
or District Engineer.
10. The District has the right and authority under the Act and other state law to
adopt the Resolution and the Assessment Resolution, to undertake the Series 2005 Project,
and to levy the Special Assessments securing the Series 2005 Bonds, and has duly adopted
the Resolution and the Assessment Resolution.
11. All proceedings undertaken by the District with respect to the Special
Assessments securing the Series 2005 Bonds, including adoption of the Assessment
Resolution, were undertaken in accordance with Florida law. The Special Assessments
constitute legal, valid, binding and enforceable liens upon the property against which such
FTL: 1361949:3
Exhibit D-3
.; ,~-:~
Special Assessments are assessed, co-equal with the lien of all state, county, district and
municipal taxes, and superior in dignity to all other liens, titles and claims, until paid.
This opinion is solely for the benefit of the addressees and this opinion may not be relied
upon in any manner, nor used, by any other persons or entities. In rendering the foregoing opinions,
we have assumed the accuracy and truthfulness of all public records and of all certifications,
documents and other proceedings examined by us that have been executed or certified by public
officials acting within the scope of their official capacities and have not verified the accuracy or
truthfulness thereof. We have also assumed the genuineness of the signatures appearing on such
public records, certifications, documents and proceedings. We have also assumed the due
authorization, execution, and delivery of each document by each of the other parties thereto.
Our opinion as to enforceability of any document is subject to limitations imposed by
bankruptcy, insolvency, reorganization, moratorium, liquidation, readjustment of debt, or similar
laws relating to or affecting creditors' rights generally and general principles of equity (regardless of
whether such enforceability is considered in a proceeding in equity or at law), and to the exercise of
judicial discretion in appropriate cases.
The opinions or statements expressed above are based solely on the laws of Florida and ofthe
United States of America. Accordingly, we express no opinion nor make any statement regarding
the effect or application of the laws of any other state or jurisdiction. Nothing herein shaU be
construed as an opinion regarding the possible applicability of state securities or "blue sky" laws, as
to which no opinion is expressed. We further express no opinion as to the necessity for an interest
rate waiver pursuant to Chapter 215, Florida Statutes.
Very truly yours,
HOPPING GREEN & SAMS P.A.
FTL:1361949:3
Exhibit D-4
'"
16/1
EXHIBIT E
CERTIFICATES OF RESIDENTIAL DEVELOPER, GOLF COURSE LANDOWNER,
COMMERCIAL LANDOWNER, V.K. DEVELOPMENT CORPORATION
AND VK HOLDINGS TREVISO BAY MARINA, LLC
Certificate of Residential Developer
[Closing Date]
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Bonds")
The undersigned, a duly authorized officer of Treviso Bay Development, LLC, a Delaware
limited liability company (the "Residential Developer"), does hereby certify that:
1. This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract
dated , 2005 (the "Bond Purchase Contract"), between the Wentworth Estates
Community Development District (the "District") and Prager, Sealy & Co., LLC relating to the sale
of the above-referenced Bonds (the "Series 2005 Bonds"). Terms used herein in capitalized form
and not otherwise defined herein shall have the meaning ascribed thereto in the Bond Purchase
Contract.
2. The information contained in the Preliminary Limited Offering Memorandum dated
, 2005, and the Limited Offering Memorandum dated , 2005 relating to the
Residential Developer under the caption "THE LANDOWNERS AND THE RESIDENTIAL
DEVELOPER" and the subcaptions under caption "THE DEVELOPMENT" entitled 'General,'
'Development Entitlements,' 'Land Use/Development Plan,' 'District Infrastructure and Finance
Plan,' 'Development and Financing,' 'Residential Product Offerings,' 'Builder Contracts' (to the
extent relating to the residential component of the Development), 'Projected Absorption,'
'Education,' 'Lifestyle Center,' 'Marketing/ 'Fees and Assessments,' and 'Competition' is true and
correct in all material respects and does not contain any untrue statement of material fact or omit to
state a material fact necessary to make the statements, in light of the circumstances under which they
were made, not misleading. The Residential Developer agrees that if between the date hereof and the
FTl:1361949:3
Exhibit E-I
-'~"'-_._-'---~._'--'-----"'T" --
16
earlier of: (i) ninety (90) days from the end of the "Underwriting Period" as defined in Securities
Exchange Commission Rule 15c2-12 (17 CFR 240.15c2-12) ("Rule l5c2-12"); or (ii) the time when
the Limited Offering Memorandum is available to any person from a nationally recognized
municipal securities information repository (but in no event less than twenty-five (25) days
following the end of the Underwriting Period), any event shall occur of which the Residential
Developer shall have actual knowledge, which might or would cause the Limited Offering
Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact
relating to the Residential Developer, the Landowners or the Development, or to omit to state a
material fact relating to the Residential Developer, the Landowners or the Development necessary to
make the statements therein, in the circumstances under which were made, not misleading, the
Residential Developer shall notify the Underwriter thereof, and, if in the opinion of the Underwriter
such event requires the preparation and publication of a supplement or amendment to the Limited
Offering Memorandum, the Residential Developer will, at its expense, supplement or amend the
Limited Offering Memorandum in a form and in a manner approved by the Underwriter.
3. There is no litigation threatened or pending against the Residential Developer which
may result in any material adverse change in the business, properties, assets or financial condition of
the Residential Developer.
4. As of the date hereof, there has been no material adverse change in the business,
properties, assets or financial condition of the Residential Developer which has not been disclosed to
the Underwriter.
5. The Residential Developer consents to the levy of the Special Assessments in
connection with the Series 2005 Project on the lands in the District owned by or subject to a
purchase option in favor of the Residential Developer pursuant to the Residential Development
Agreements.
6. The Residential Developer is duly organized and validly existing as a limited liability
company under the laws of the State of Delaware. The Residential Developer is duly authorized to
do business in the State of Florida.
7. The Residential Developer acknowledges that it will have no rights under Chapter
170, Florida Statutes, as amended, to prepay, without interest, the Special Assessments imposed on
lands in the District owned by it within thirty (30) days following completion of the Series 2005
Project and acceptance thereof by the Issuer or within thirty (3) days following completion of the
balance of the Project and acceptance thereof by the Issuer.
8. The Residential Developer has marketable title to, and will convey to the Issuer, a
portion of the Series 2005 Project pursuant to the Acquisition Agreement, free and clear of all liens,
rights and encumbrances except as permitted by the Acquisition Agreement
9. The Continuing Disclosure Agreement, the Acquisition Agreement, the True-Up
Agreement and the Residential Development Agreements and the Completion Agreement are the
legal and valid binding obligations of the Residential Developer, enforceable in accordance with
their respective terms, subject only to applicable bankruptcy, insolvency, and similar laws affecting
FTL: 1361949:3
Exhibit E-2
cr.'.,
F
..
\
\
I
I
1611 ~.
creditors' rights and subject, as to enforceability, to general principles of equity (regardless of
whether enforcement is sought in a proceeding in equity or at law) and are in full force and effect.
No event has occurred under any of such instruments which constitutes, or which, with the passage
of time, the giving of notice or both, would constitute, an event of default thereunder.
10. All information provided by the Residential Developer to the Underwriter for
distribution to potential purchasers of the Series 2005 Bonds or provided directly to such potential
purchasers by the Residential Developer is true and correct in all material respects and does not
contain any untrue statement of material fact or omit to state a material fact necessary to make the
statements, in light of the circumstances under which they were made, not misleading.
11. The Residential Developer has not made an assignment for the benefit of creditors,
filed a petition in bankruptcy, petitioned or applied to any tribunal for the appointment of a
custodian, receiver or any trustee or commenced any proceeding under any bankruptcy,
reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any
jurisdiction. The Residential Developer has not indicated its consent to, or approval of, or failed to
object timely to, any petition in bankruptcy, application or proceeding or order for relief or the
appointment of a custodian, receiver or any trustee. The Residential Developer is not insolvent.
12. The Residential Developer acknowledges that the Series 2005 Bonds have the debt
service requirements set forth under the heading "DEBT SERVICE REQUIREMENTS" in the
Limited Offering Memorandum and that the Special Assessments will be levied by the Issuer at the
times, and in amounts sufficient, to enable the Issuer to pay debt service on the Series 2005 Bonds
when due.
13. There are no mortgages or similar liens on the real property owned by or subject to a
purchase option in favor of the Residential Developer pursuant to the Residential Development
Agreements, other than the mortgagees) disclosed to the Underwriter, which mortgagee(s) have
acknowledged the lien of the Special Assessments.
14. The Residential Developer acknowledges that the assessment proceedings, including
the Assessment Resolution, adopted by the Issuer in connection with the Special Assessments
contains the requirement that land owners in the District make certain "density reduction payments"
at the time, in the manner and to the extent described in the Special Assessment Methodology Report
adopted in said assessment proceedings and agrees to make such payments to the extent allocable to
lands in the District owned by or subject to a purchase option in favor of the Residential Developer
pursuant to the Residential Development Agreements.
15. All material conditions of the PUD applicable to the Development have been
complied with as of the date hereof or will be complied with in due course and there are no
conditions in the PUD that must be complied with in the future that would limit the development of
the portion of the Development (including master and subdivision improvements) being developed
by the Residential Developer as described in the Limited Offering Memorandum.
FTl:1361949:3
Exhibit E-3
r
1 ~ '1
Certificate of Golf Course Landowner
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Bonds")
The undersigned, a duly authorized officer of VK Holdings Treviso Bay Golf Course, LLC,
a Florida limited liability company (the "Golf Course Landowner"), does hereby certify that:
1. This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract
dated , 2005 (the "Bond Purchase Contract"), between the Wentworth Estates
Community Development District (the "District") and Prager, Sealy & Co., LLC relating to the sale
of the above-referenced Bonds (the "Series 2005 Bonds"). Terms used herein in capitalized form
and not otherwise defined herein shall have the meaning ascribed thereto in the Bond Purchase
Contract.
2. The information contained in the Preliminary Limited Offering Memorandum dated
,2005, and the Limited Offering Memorandum dated ,2005 relating to the
Golf Course Landowner under the caption "THE LANDOWNERS AND THE RESIDENTIAL
DEVELOPER" and the subcaptions under caption ''THE DEVELOPMENT" entitled 'General,'
'Development Entitlements,' 'District Infrastructure and Finance Plan,' 'Land Acquisition,'
'Development and Financing,' and 'Golf Course and Clubhouse," is true and correct in all material
respects and does not contain any untrue statement of material fact or omit to state a material fact
necessary to make the statements, in light of the circumstances under which they were made, not
misleading. The Golf Course Landowner agrees that if between the date hereof and the earlier of: (i)
ninety (90) days from the end of the "Underwriting Period" as defined in Securities Exchange
Commission Rule 15c2-12 (17 CFR 240.l5c2-l2) ("Rule l5c2-l2"); or (ii) the time when the
Limited Offering Memorandum is available to any person from a nationally recognized municipal
securities information repository (but in no event less than twenty-five (25) days following the end
of the Underwriting Period), any event shall occur of which the Golf Course Landowner shall have
actual knowledge, which might or would cause the Limited Offering Memorandum, as then
supplemented or amended, to contain any untrue statement of a material fact relating to the
Residential Developer, the Landowners or the Development, or to omit to state a material fact
relating to the Residential Developer, the Landowners or the Development necessary to make the
statements therein, in the circumstances under which were made, not misleading, the Golf Course
FTl:1361949:3
Exhibit E-5
----r---.-.
1 (J
Landowner shall notify the Underwriter thereof, and, if in the opinion of the Underwriter such event
requires the preparation and publication of a supplement or amendment to the Limited Offering
Memorandum, the Golf Course Landowner will, at its expense, supplement or amend the Limited
Offering Memorandum in a form and in a manner approved by the Underwriter.
3. There is no litigation threatened or pending against the Golf Course Landowner
which may result in any material adverse change in the business, properties, assets or financial
condition of the Golf Course Landowner.
4. As of the date hereof, there has been no material adverse change in the business,
properties, assets or financial condition of the Golf Course Landowner which has not been disclosed
to the Underwriter.
5. The Golf Course Landowner consents to the levy of the Special Assessments in
connection with the Series 2005 Project on the lands in the District owned by the Golf Course
Landowner.
6. The Golf Course Landowner is duly organized and validly existing as a limited
liability company under the laws of the State of Florida.
7. The Golf Course Landowner acknowledges that it will have no rights under Chapter
170, Florida Statutes, as amended, to prepay, without interest, the Special Assessments imposed on
lands in the District owned by it within thirty (30) days following completion of the Series 2005
Project and acceptance thereof by the Issuer or within thirty (3) days following completion of the
balance of the Project and acceptance thereof by the Issuer.
8. The Golf Course Landowner has marketable title to, and will convey to the Issuer, a
portion ofthe Series 2005 Project pursuant to the Acquisition Agreement, free and clear of all liens,
rights and encumbrances except as permitted by the Acquisition Agreement.
9. The Continuing Disclosure Agreement, the Acquisition Agreement, the True-Up
Agreement and the Completion Agreement are the legal and valid binding obligations of the Golf
Course Landowner, enforceable in accordance with their respective terms, subject only to applicable
bankruptcy, insolvency, and similar laws affecting creditors' rights and subject, as to enforceability,
to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity
or at law) and are in full force and effect. No event has occurred under any of such instruments
which constitutes, or which, with the passage of time, the giving of notice or both, would constitute,
an event of default thereunder.
10. All information provided by the Golf Course Landowner to the Underwriter for
distribution to potential purchasers of the Series 2005 Bonds or provided directly to such potential
purchasers by the Golf Course Landowner is true and correct in all material respects and does not
contain any untrue statement of material fact or omit to state a material fact necessary to make the
statements, in light of the circumstances under which they were made, not misleading.
FTl: 1361949:3
Exhibit E-6
1611
11. The Golf Course Landowner has not made an assignment for the benefit of creditors,
filed a petition in bankruptcy, petitioned or applied to any tribunal for the appointment of a
custodian, receiver or any trustee or commenced any proceeding under any bankruptcy,
reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any
jurisdiction. The Golf Course Landowner has not indicated its consent to, or approval of, or failed to
object timely to, any petition in bankruptcy, application or proceeding or order for relief or the
appointment of a custodian, receiver or any trustee. The Golf Course Landowner is not insolvent.
12. The Golf Course Landowner acknowledges that,the Series 2005 Bonds have the debt
service requirements set forth under the heading "DEBT SERVICE REQUIREMENTS" in the
Limited Offering Memorandum and that the Special Assessments will be levied by the Issuer at the
times, and in amounts sufficient, to enable the Issuer to pay debt service on the Series 2005 Bonds
when due.
13. There are no mortgages or similar liens on the real property owned by the Golf
Course Landowner, other than the mortgagees) disclosed to the Underwriter, which mortgagee(s)
have acknowledged the lien of the Special Assessments.
14. The Golf Course Landowner acknowledges that the assessment proceedings,
including the Assessment Resolution, adopted by the Issuer in connection with the Special
Assessments contains the requirement that land owners in the District make certain "density
reduction payments" at the time, in the manner and to the extent described in the Special Assessment
Methodology Report adopted in said assessment proceedings and agrees to make such payments to
the extent allocable to lands in the District owned by the Golf Course Landowner.
15. All material conditions of the PUD applicable to the Development have been
complied with as of the date hereof or will be complied with in due course and there are no
conditions in the PUD that must be complied with in the future that would limit the development of
the portion of the Development (including master and subdivision improvements) being developed
by the Golf Course Landowner as described in the Limited Offering Memorandum.
VK HOLDINGS TREVISO BAY GOLF
COURSE, LLC
By:
Title:
FTL:1361949:3
Exhibit E-7
Certificate of Commercial Landowner
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Bonds")
The undersigned, a duly authorized officer of VK Holdings Treviso Bay Commercial, LLC, a
Florida limited liability company (the "Commercial Landowner"), does hereby certify that:
1. This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract
dated , 2005 (the "Bond Purchase Contract"), between the Wentworth Estates
Community Development District (the "District") and Prager, Sealy & Co., LLC relating to the sale
of the above-referenced Bonds (the "Series 2005 Bonds"). Terms used herein in capitalized form
and not otherwise defined herein shall have the meaning ascribed thereto in the Bond Purchase
Contract.
2. The information contained in the Preliminary Limited Offering Memorandum dated
, 2005, and the Limited Offering Memorandum dated , 2005 relating to the
Commercial Landowner under the caption "THE LANDOWNERS AND THE RESIDENTIAL
DEVELOPER" and the subcaptions under caption "THE DEVELOPMENT" entitled 'General,'
'Development Entitlements,' 'District Infrastructure and Finance Plan,' 'Land Acquisition,'
'Development and Financing,' 'Builder Contracts' (to the extent related to the commercial
component of the Development), and 'Commercial," is true and correct in all material respects and
does not contain any untrue statement of material fact or omit to state a material fact necessary to
make the statements, in light of the circumstances under which they were made, not misleading. The
Commercial Landowner agrees that if between the date hereof and the earlier of; (i) ninety (90) days
from the end of the "Underwriting Period" as defined in Securities Exchange Commission Rule
l5c2-l2 (17 CFR 240.15c2-l2) ("Rule 15c2-12"); or (ii) the time when the Limited Offering
Memorandum is available to any person from a nationally recognized municipal securities
information repository (but in no event less than twenty-five (25) days following the end of the
Underwriting Period), any event shall occur of which the Commercial Landowner shall have actual
knowledge, which might or would cause the Limited Offering Memorandum, as then supplemented
or amended, to contain any untrue statement of a material fact relating to the Residential Developer,
the Landowners or the Development, or to omit to state a material fact relating to the Residential
Developer, the Landowners or the Development necessary to make the statements therein, in the
FTL:1361949:3
Exhibit E-8
1 h 11
circumstances under which were made, not misleading, the Commercial Landowner shall notify the
Underwriter thereof, and, if in the opinion of the Underwriter such event requires the preparation and
publication of a supplement or amendment to the Limited Offering Memorandum, the Commercial
Landowner will, at its expense, supplement or amend the Limited Offering Memorandum in a form
and in a manner approved by the Underwriter.
3. There is no litigation threatened or pending against the Commercial Landowner
which may result in any material adverse change in the business, properties, assets or financial
condition of the Commercial Landowner.
4. As of the date hereof, there has been no material adverse change in the business,
properties, assets or financial condition of the Commercial Landowner which has not been disclosed
to the Underwriter.
5. The Commercial Landowner is duly organized and validly existing as a limited
liability company under the laws of the State of Florida.
6. All information provided by the Commercial Landowner to the Underwriter for
distribution to potential purchasers of the Series 2005 Bonds or provided directly to such potential
purchasers by the Commercial Landowner is true and correct in all material respects and does not
contain any untrue statement of material fact or omit to state a material fact necessary to make the
statements, in light of the circumstances under which they were made, not misleading.
7. The Commercial Landowner has not made an assignment for the benefit of creditors,
filed a petition in bankruptcy, petitioned or applied to any tribunal for the appointment of a
custodian, receiver or any trustee or commenced any proceeding under any bankruptcy,
reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any
jurisdiction. The Commercial Landowner has not indicated its consent to, or approval of, or failed to
object timely to, any petition in bankruptcy, application or proceeding or order for relief or the
appointment of a custodian, receiver or any trustee. The Commercial Landowner is not insolvent.
8. All material conditions of the PUD applicable to the Development have been
complied with as of the date hereof or will be complied with in due course and there are no
conditions in the PUD that must be complied with in the future that would limit the development of
the portion of the Development (including master and subdivision improvements) being developed
by the Commercial Landowner as described in the Limited Offering Memorandum.
VK HOLDINGS TREVISO BA Y
COMMERCIAL, LLC
By:
Title:
FTL:1361949:3
Exhibit E-9
--r-'""~ .
1
Certificate of V.K. Development Corporation
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Bonds")
The undersigned, a duly authorized officer ofV.K. Development Corporation, a Wisconsin
corporation ("VKD") does hereby certify that:
1. This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract
dated , 2005 (the "Bond Purchase Contract"), between the Wentworth Estates
Community Development District (the "District") and Prager, Sealy & Co., LLC relating to the sale
of the above-referenced Bonds (the "Series 2005 Bonds"). Terms used herein in capitalized form
and not otherwise defined herein shall have the meaning ascribed thereto in the Bond Purchase
Contract.
2. The information contained in the Preliminary Limited Offering Memorandum dated
, 2005, and the Limited Offering Memorandum dated , 2005 under the
caption "THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER" is true and correct in all
material respects and does not contain any untrue statement of material fact or omit to state a
material fact necessary to make the statements, in light of the circumstances under which they were
made, not misleading. The Commercial Landowner agrees that if between the date hereof and the
earlier of: (i) ninety (90) days from the end of the "Underwriting Period" as defined in Securities
Exchange Commission Rule l5c2-12 (17 CFR 240. 15c2-12) ("Rule 15c2-l2"); or (ii) the time when
the Limited Offering Memorandum is available to any person from a nationally recognized
municipal securities information repository (but in no event less than twenty-five (25) days
following the end ofthe Underwriting Period), any event shall occur of which VKD shall have actual
knowledge, which might or would cause the Limited Offering Memorandum, as then supplemented
or amended, to contain any untrue statement of a material fact relating to the Residential Developer,
the Landowners or the Development, or to omit to state a material fact relating to the Residential
Developer, the Landowners or the Development necessary to make the statements therein, in the
circumstances under which were made, not misleading, VKD shall notify the Underwriter thereof,
and, if in the opinion of the Underwriter such event requires the preparation and publication of a
supplement or amendment to the Limited Offering Memorandum, VKD will, at its expense,
FTl:1361949:3
Exhibit E-l 0
1611
supplement or amend the Limited Offering Memorandum in a form and in a manner approved by the
Underwriter.
V.K. DEVELOPMENT CORPORATION
By:
Title:
FTL: 1361949:3
Exhibit E-ll
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"
Certificate of VK Holdine:s Treviso Bav Marina. LLC
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Bonds")
The undersigned, a duly authorized officer of VK Holdings Treviso Bay Marina, LLC, a
Florida limited liability company (the "Marina Landowner") does hereby certify that:
1. This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract
dated , 2005 (the "Bond Purchase Contract"), between the Wentworth Estates
Community Development District (the "District") and Prager, Sealy & Co., LLC relating to the sale
of the above-referenced Bonds (the "Series 2005 Bonds"). Terms used herein in capitalized form
and not otherwise defined herein shall have the meaning ascribed thereto in the Bond Purchase
Contract.
2. The information contained in the Preliminary Limited Offering Memorandum dated
, 2005, and the Limited Offering Memorandum dated , 2005 under the
caption "THE DEVELOPMENT--Marina" is true and correct in all material respects and does not
contain any untrue statement of material fact or omit to state a material fact necessary to make the
statements, in light of the circumstances under which they were made, not misleading. The
Commercial Landowner agrees that if between the date hereof and the earlier of; (i) ninety (90) days
from the end of the "Underwriting Period" as defined in Securities Exchange Commission Rule
l5c2-l2 (17 CFR 240.15c2-l2) ("Rule 15c2-12"); or (ii) the time when the Limited Offering
Memorandum is available to any person from a nationally recognized municipal securities
information repository (but in no event less than twenty-five (25) days following the end of the
Underwriting Period), any event shall occur of which the Marina Landowner shall have actual
knowledge, which might or would cause the Limited Offering Memorandum, as then supplemented
or amended, to contain any untrue statement of a material fact relating to the Marina Landowner or
the Marina, or to omit to state a material fact relating to the Marina Landowner or the Marina
necessary to make the statements therein, in the circumstances under which were made, not
misleading, the Marina Landowner shall notify the Underwriter thereof, and, if in the opinion of the
Underwriter such event requires the preparation and publication of a supplement or amendment to
the Limited Offering Memorandum, the Marina Landowner will, at its expense, supplement or
amend the Limited Offering Memorandum in a form and in a manner approved by the Underwriter.
FTl:1361949:3
Exhibit E-12
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., 11
VK HOLDINGS TREVISO BAY
MARINA, LLC
By:
Title:
FTL:1361949:3
Exhibit E-13
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EXHIBIT F
OPINION OF COUNSEL TO RESIDENTIAL DEVELOPER, GOLF COURSE
LANDOWNER AND COMMERCIAL LANDOWNER
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (collectively, the "Bonds"),
Ladies and Gentlemen:
[Customary introduction/qualifications]
1. The lands in the District have the appropriate land use and zoning to permit the
portion of the Development to be undertaken by the Residential Developer, the Golf Course
. Landowner and the Commercial Landowner to be undertaken as contemplated by the Limited
Offering Memorandum dated , 2005 relating to the Series 2005 Bonds (the "Limited
Offering Memorandum"). All site plans and plats necessary to permit the Development to be
undertaken as contemplated by the Limited Offering Memorandum have been obtained or are
obtainable in due course.
2. The PUD dated , 20_, as amended, relating to the land within the
boundaries of the District permit the portion of the Development to be undertaken by the Residential
Developer, the Golf Course Landowner and the Commercial Landowner to be developed as
described in the Limited Offering Memorandum; such PUD is in full force and effect; and no event
has occurred which, with the lapse of time or the giving of notice, or both, would constitute a default
under said PUD. All material conditions of the PUD applicable to the Development have been
complied with as of the date hereof and there are no conditions in the PUD that must be complied
with in the future that would limit the development of the Development (including master and
subdivision improvements to be undertaken by the Residential Developer, the Golf Course
Landowner and the Commercial Landowner) as described in the Limited Offering Memorandum
3, Each of the Residential Developer, the Golf Course Landowner and the Commercial
Landowner is a limited liability company, duly organized and validly existing under the laws of the
State of Delaware, in the case of the Residential Developer, and the State of Florida, in the case of
the Golf Course Landowner and the Commercial Landowner. The Residential Developer is duly
FTL: 1361949:3
Exhibit F-l
16'1
authorized to do business in the State of Florida. The execution, delivery and performance by the
Residential Developer and the Golf Course Landowner of the Acquisition Agreement, the
Completion Agreement, the True-Up Agreement and the Continuing Disclosure Agreement and the
execution, delivery and performance by the Residential Developer of the Residential Development
Agreements, are within the statutory powers of the Residential Developer and the Golf Course
Landowner and duly authorized by the Articles of Organization and any operating agreement of the
Residential Developer and the Golf Course Landowner. Such instruments are in full force and effect,
are the legal, valid and binding obligations of the Residential Developer and the Golf Course
Landowner, as applicable, enforceable in accordance with their respective terms, and no event has
occurred under such instruments which constitutes, or which with the passage of time, the giving of
notice or both, would constitute, an event of default thereunder.
4. The levy of the Special Assessments on the lands in the District owned by the
Residential Developer and the Golf Course Landowner or subject to a purchase option in favor of the
Residential Developer pursuant to the Residential Development Agreement will not conflict with or
constitute a breach of or default under any agreement, indenture or other instrument to which the
Residential Developer or the Golf Course Landowner is a party or to which they or any of their
property or assets is subject.
5. There is no litigation pending, or to the best of our knowledge, threatened, which
would prevent or prohibit the development of the portion of the Development to be developed by the
Residential Developer, the Golf Course Landowner and the Commercial Landowner in accordance
with the description thereof in the Limited Offering Memorandum.
6. There is no litigation pending, or to the best of our knowledge, threatened against the
Residential Developer, the Golf Course Landowner or the Commercial Landowner which may result
in any material adverse change in the respective business, properties, assets or financial condition of
such entities.
7. Neither of the Residential Developer, the Golf Course Landowner or the Commercial
Landowner has made an assignment for the benefit of creditors, filed a petition in bankruptcy,
petitioned or applied to any tribunal for the appointment of a custodian, receiver or any trustee or
commenced any proceeding under any bankruptcy, reorganization, arrangement, readjustment of
debt, dissolution or liquidation law or statute of any jurisdiction. None of the Residential Developer,
the Golf Course Landowner or the Commercial Landowner has indicated its consent to, or approval
of, or failed to object timely to, any petition in bankruptcy, application or proceeding or order for
relief or the appointment of a custodian, receiver or any trustee.
8. Neither of the Residential Developer, the Golf Course Landowner or the Commercial
Landowner is in default under any mortgage, trust indenture, lease or other instrument to which it is
subject or by which it or any of its assets are bound, which default would have a material adverse
effect on the Series 2005 Bonds or the portion of the Development to be developed by Residential
Developer, the Golf Course Landowner or the Commercial Landowner.
9. The information contained in the Preliminary Limited Offering Memorandum dated
, 2005, and the Limited Offering Memorandum dated , 2005, under the
FTL:1361949:3
Exhibit F-2
EXHIBIT G
CERTIFICATE OF ENGINEERS FOR RESIDENTIAL DEVELOPER,
GOLF COURSE LANDOWNER AND COMMERCIAL LANDOWNER
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B
Ladies and Gentlemen:
The undersigned has been engaged to provide engineering services to Treviso Bay
Development, LLC (the "Residential Developer"), VK Holdings Treviso Bay Golf Course, LLC (the
"Golf Course Landowner") and VK Holdings Treviso Bay Commercial, LLC (the "Commercial
Landowner") in connection with the master-planned community located within the boundaries of the
Wentworth Estates Community Development District (the "Issuer"). This Certificate is furnished
pursuant to Section 8 of the Bond Purchase Contract dated , 2005, between the Issuer
and Prager, Sealy & Co., LLC relating to the sale of the above-captioned bonds (the "Series 2005
Bonds"). Terms used herein in capitalized form and not otherwise defined herein shall have the
meaning ascribed thereto in said Bond Purchase Contract or in the Limited Offering Memorandum
dated , 2005 relating to the Series 2005 Bonds (the "Limited Offering Memorandum").
To the best of our knowledge, after reasonable investigation, the governmental permits and
approvals currently required to complete the master infrastructure necessary for the Development are
in place or are reasonably obtainable in the ordinary course. All material conditions of the
development approvals applicable to the Development as of the date hereof have been complied with
as of the date hereof and there are no conditions in such development approvals that must be
complied with in the future that would limit the development of the Development (including master
and subdivision improvements to be undertaken by the Residential Developer, the Golf Course
Landowner and the Commercial Landowner) as described in the Limited Offering Memorandum.
Any further governmental approvals needed to permit the Development to be developed as described
in the Limited Offering Memorandum are reasonably obtainable in the ordinary course.
All water and sewer utility service necessary to serve the portions of the Development to be
developed by the Residential Developer, the Golf Course Landowner and the Commercial
Landowner is available as described in the Limited Offering Memorandum.
FTL:1361949:3
Exhibit G-l
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During the pendency of the proceedings relating to the permit issued by the United States
Army Corps of Engineers for the Development, no party filed or presented any challenge or
objection to the issuance of such permit.
JOHNSON ENGINEERING, INC.
By:
Title:
FTL,1361949,3
Exhibit G-2
16'1
EXHIBIT H
CERTIFICATE OF ISSUER'S CONSULTING ENGINEER
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B
Ladies and Gentlemen:
The undersigned serves as the Consulting Engineer to the Wentworth Estates Community
Development District (the "Issuer"). This Certificate is furnished pursuant to Section 8 of the Bond
Purchase Contract dated , 2005 between the Issuer and Prager, Sealy & Co., LLC
relating to the sale of the above-captioned bonds (the "Series 2005 Bonds"). Terms used herein in
capitalized form and not otherwise defined herein shall have the meaning ascribed thereto in said
Bond Purchase Contract or in the Limited Offering Memorandum dated , 2005 relating
to the Series 2005 Bonds (the "Limited Offering Memorandum").
1. All governmental approvals required to commence and complete
construction, acquisition and installation of the Series 2005 Project have been obtained or
can be obtained in the ordinary course. The Series 2005 Project is expected to be completed
by ,20_.
2. The information relating to the Project, including the Series 2005 Project,
contained in the Preliminary Limited Offering Memorandum and the Limited Offering
Memorandum under the caption "THE DEVELOPMENT-District Infrastructure and Plan
of Finance" and in the Master Engineer's Report dated , 2005 (the "Report")
included as Appendix A to the Preliminary Limited Offering Memorandum dated
, 2005 (the "Preliminary Limited Offering Memorandum") and the Limited
Offering Memorandum did not, and does not, to the best of our knowledge, contain any
untrue statement of a material fact and did not, and does not, omit to state a material fact
necessary to be stated therein in order to make the statements made therein, in the light of the
circumstances under which they were made, not misleading.
FTL:1361949:3
Exhibit H-l
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11
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3. The Series 2005 Project has been, and will be, constructed in a sound
workmanlike manner and in accordance with industry standards.
4. The purchase price to be paid by the Issuer for the Series 2005 Project
improvements is no more than the lesser of: (i) the fair market value of such improvements
and (ii) the actual Cost of construction of such improvements.
5. The plans and specifications for Series 2005 Project improvements have been
approved by all Regulatory Bodies required to approve them (such Regulatory Bodies
consisting of those referred to in Preliminary Engineer's Report and Final Engineer's Report)
or such approval can reasonably be expected to be obtained.
6. The undersigned consents to the references to it in the Preliminary Limited
Offering Memorandum and Limited Offering Memorandum and to the inclusion of the
Report in the Preliminary Limited Offering Memorandum and the Limited Offering
Memorandum. The Report was prepared in accordance with generally accepted engineering
practices.
JOHNSON ENGINEERING, INC.
By:
Name:
Title:
FTL:1361949:3
Exhibit H-2
1611
EXHIBIT I
CERTIFICA TE OF SEVERN TRENT SERVICES, INC.
[Closing Datel
Wentworth Estates Community Development District
Collier County, Florida
Prager, Sealy & Co., LLC
Orlando, Florida
Re: $ Wentworth Estates Community Development District (Collier
County, Florida) Special Assessment Bonds, Series 2005A and $
Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B
Ladies and Gentlemen:
The undersigned serves as District Manager and Financial Advisor to the Wentworth Estates
Community Development District (the "Issuer") and has been retained by the Issuer to prepare the
Special Assessment Methodology for the Series 2005 Bonds (the "Methodology"). This Certificate
is furnished pursuant to Section 8 of the Bond Purchase Contract dated , 2005 between
the Issuer and Prager, Sealy & Co., LLC relating to the sale of the above-captioned bonds (the
"Series 2005 Bonds"). Terms used herein in capitalized form and not otherwise defined herein shall
have the meaning ascribed thereto in said Bond Purchase Contract or in the Limited Offering
Memorandum dated ,2005 relating to the Series 2005 Bonds (the "Limited Offering
Memorandum").
1. The undersigned consents to the use of the Master Special Assessment Report
dated September 7, 2004 (the "Master Report"), as supplemented by a Preliminary
Supplemental Special Assessment Report dated , 2005 (the "Preliminary
Report"), in the Preliminary Limited Offering Memorandum dated , 2005
relating to the Series 2005 Bonds and the use of the Master Report, as further supplemented
by a Final Supplemental Special Assessment Report dated , 2005 (the "Final
Report") in the Limited Offering Memorandum and consents to the references to the
undersigned in the Preliminary Limited Offering Memorandum and the Limited Offering
Memorandum. The information contained in the Preliminary Limited Offering Memorandum
and the Limited Offering Memorandum under the caption "SPECIAL ASSESSMENT
METHODOLOGY" is true and correct in all material respects and does not contain any
untrue statement of material fact or omit to state a material fact necessary to make the
statements, in light of the circumstances under which they were made, not misleading.
FTl: 1361949:3
Exhibit I-I
. ,,-----.,.. .... ,---- ....--.---r-.-.--.-."-.."
11
2. Except as disclosed in the Limited Offering Memorandum, we know of no
material change in the matters described in the Master Report, as supplemented by the Final
Report and we are of the opinion that the considerations and assumptions used in compiling
the Master Report, as supplemented by the Final Report are reasonable.
3. The information contained in the Master Report, as supplemented by the Final
Report, attached as Appendix E to the Limited Offering Memorandum did not, and does not,
contain any untrue statement of a material fact and did not, and does not, omit to state a
material fact necessary to be stated therein in order to make the statements made therein, in
the light of the circumstances under which they were made, not misleading.
4. The Special Assessments, as initially levied, and as may be reallocated from
time to time as permitted by the resolutions adopted by the Issuer with respect to the Special
Assessments, are sufficient to enable the Issuer to pay the Debt Service Requirements on the
Series 2005 Bonds through the final maturity thereof.
SEVERN TRENT SERVICES, INC.
By:
Name:
Title:
FTL:1361949:3
Exhibit 1-2
G ~;
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16/1
EXHIBIT J
FORM OF MORTGAGEE SPECIAL ASSESSMENT ACKNOWLEDGEMENT
SPECIAL ASSESSMENT ACKNOWLEDGMENT
THIS SPECIAL ASSESSMENT ACKNOWLEDGMENT is made as of the _ day of
,2005 by (the "Mortgagee") in connection with the issuance by the
Wentworth Estates Community Development District (the "District") of its Special Assessment
Bonds, Series 2005A and Special Assessment Bonds, Series 2005B (collectively, the "Bonds").
A. The Mortgagee is the owner and holder of one or more mortgages and related security
interests (collectively, the "Mortgage") from , a (the "LLC")
with respect to the lands within the boundaries of the District owned or leased by the LLC (the
"Mortgaged Property").
B. The Bonds are secured by special assessments levied and collected by the District or
the Tax Collector on the Mortgaged Property to secure the Bonds (the "Special Assessments").
C. The District and the Underwriter of the Bonds have requested that the Mortgagee
execute this Special Assessment Acknowledgment.
Accordingly, the Mortgagee hereby acknowledges and agrees as follows:
1. The Special Assessments impose a lien on the Mortgaged Property, superior to the
lien of the Mortgage.
2. Neither the lien of the Special Assessments, nor the payment of the Special
Assessments by the LLC will violate any provision of the Mortgage or other
agreement executed by the LLC in favor of the Mortgagee.
3. The Mortgagee will not contest the legality, validity, levy and/or collection of the
Special Assessments or any of the proceedings of the District in connection
therewith.
4. If the Mortgagee becomes the owner of the Mortgaged Property, whether by
foreclosure or otherwise, the Mortgaged Property will continue to be subject to the
Special Assessments while the Bonds remain outstanding.
FTl:1361949:3
Exhibit J-l
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,
IN WIlliESS WHEREOF, the undersigned authorized officer of the Mortgagee has executed
this Special Assessment Acknowledgment as of the day and year written above.
By:
Title:
STATE OF FLORIDA )
)
COUNTY OF )
by
produced
The foregoing instrument was acknowledged before me this _ day of ,2005,
, as a of . He is personally known to me or has
as identification.
Notary Public, State of Florida
Typed or Printed Name of Notary
My Commission Expires:
[SEAL]
FTl:1361949:3
Exhibit J-2
1611
EXHIBIT D
PRELIMINARY LIMITED OFFERING MEMORANDUM
mia-fslllOO8911 v0517171051~5.\45.0 I 0 IIXI
D - 1
I .---..--.-----
RMSS&R, P.A. DRAFT: 07/08/05
PRELIMINARY LIMITED OFFERING MEMORANDUM DATED
,2005
NEW ISSUES - BOOK-ENTRY ONLY
NOT RATED
LIMITED OFFERING
In the opinion of Bond Counsel, assuming continuing compliance with certain tax
covenants, interest on the Series 2005 Bonds (as defined below) is excluded from gross
income for federal income tax purposes under existing statutes, regulations, rulings and
court decisions. Interest on the Series 2005 Bonds is not a specific preference item for
purposes of the federal alternative minimum tax imposed on individuals and
corporations. See 'TAX MATTERS" herein for a description of certain other federal tax
consequences of ownership of the Series 2005 Bonds. Bond Counsel is further of the
opinion that the Series 2005 Bonds and interest thereon are exempt from taxation under
the laws of the State of Florida except as to estate taxes and taxes imposed by Chapter
220, Florida Statutes, on interest, income or profits on debt obligations owned by
corporations as defined in Chapter 220. For a more complete discussion of certain tax
aspects relating to the Series 2005 Bonds see "TAX MATTERS" herein.
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(Collier County, Florida)
$ '"
Special Assessment Bonds, Series 2005A
and
$ '"
Special Assessment Bonds, Series 2005B
Dated: July 1, 2005
Due: May 1, as shown below
The Wentworth Estates Community Development District Special Assessment
Bonds, Series 2005A (the "Series 2005A Bonds") and the Wentworth Estates
Community Development District Special Assessment Bonds, Series 2005B (the "Series
2005B Bonds" and collectively with the Series 2005A Bonds, the "Series 2005 Bonds")
are being issued by the Wentworth Estates Community Development District (the
"Issuer") only in fully registered form, without coupons, in denominations of $5,000 or
integral multiples thereof; provided, however, that the Series 2005 Bonds will be
deliverable to the initial purchasers only in denominations of $100,000 or integral
multiples of $5,000 in excess of $100,000. The Series 2005 Bonds will bear interest at
the fixed rates set forth below, calculated on the basis of a 360-day year comprised of
twelve thirty-day months, payable semi-annually on each May 1 and November 1,
commencing November 1, 2005. The Series 2005 Bonds, when issued, will be
registered in the name of Cede & Co., as registered owner and nominee for The
Depository Trust Company ("DTC"), New York, New York. Purchases of beneficial
interests in the Series 2005 Bonds will be made in book-entry only form. Accordingly,
principal of and interest on the Series 2005 Bonds will be paid from the sources
FTl: 1360390:4
1611~
Prepayments of Series 2005B Special Assessments (herein defined). See "SECURITY
FOR AND SOURCES OF PAYMENT OF THE SERIES 2005 BONDS-Redemption
Provisions" herein.
THE SERIES 2005 BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER
PAYABLE SOLELY FROM PLEDGED REVENUES PLEDGED THEREFOR UNDER
THE INDENTURE AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT,
NOR THE TAXING POWER OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE
STATE OF FLORIDA, OR ANY OTHER POLITICAL SUBDIVISION THEREOF, IS
PLEDGED AS SECURITY FOR THE PAYMENT OF THE SERIES 2005 BONDS,
EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE INDENTURE TO LEVY
AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE CERTIFIED FOR
COLLECTION, SPECIAL ASSESSMENTS TO SECURE AND PAY THE SERIES 2005
BONDS. THE SERIES 2005 BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF
THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR ANY
OTHER POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION.
POTENTIAL INVESTORS ARE SOLELY RESPONSIBLE FOR EVALUATING
THE MERITS AND RISKS OF AN INVESTMENT IN THE SERIES 2005 BONDS. SEE
"SUITABILITY FOR INVESTMENT" HEREIN.
MATURITY SCHEDULE*
Series 2005A Bonds
_% Term Bond Due May 1,20_ Price: % CUSIP#
(accrued interest from July 1, 2005 to be added)
Series 2005B Bonds
**
$
$
_% Term Bond Due May 1,20_ Priced to Yield
**
% CUSIP#
(accrued interest from July 1, 2005 to be added)
This cover page contains certain information for quick reference only. It is not a
summary of the Series 2005 Bonds. Investors must read this entire Limited Offering
Memorandum to obtain information essential to the making of an informed investment
decision.
The Series 2005 Bonds are offered for delivery when, as and if issued by the
Issuer and accepted by the below named Underwriter, subject to prior sale, withdrawal
or modification of the offer with notice and the receipt of the opinion of Greenberg
Traurig, P.A., Miami, Florida, Bond Counsel; as to the validity of the Series 2005 Bonds.
Certain legal matters will be passed upon for the Underwriter by its counsel, Ruden,
McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, Florida. Hopping Green &
Sams, P.A., Tallahassee, Florida is serving as Counsel to the Issuer. It is expected that
the Series 2005 Bonds will be delivered in book-entry form through the facilities of DTC,
New York, New York on or about ,2005.
FTL:1360390:4
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provided below by Wachovia Bank, National Association, as trustee (the "Trustee"),
directly to DTC as the registered owner thereof. Disbursement of such payments to the
DTC Participants is the responsibility of DTC and disbursement of such payments to the
beneficial owners is the responsibility of DTC Participants and the Indirect Participants,
as more fully described herein. Any purchaser as a beneficial owner of a Series 2005
Bond must maintain an account with a broker or dealer who is, or acts through, a DTC
Participant to receive payment of the principal of and interest on such Series 2005
Bonds. See "DESCRIPTION OF THE SERIES 2005 BONDS-Book-Entry Only
System" herein.
Proceeds of the Series 2005 Bonds will be used to finance the Cost of a portion
of the public infrastructure needed to serve the Development (hereinafter defined),
including, but not limited to, surface water management, water and sewer utilities,
roadway improvements, exterior landscaping, wetland and upland mitigation, and off-
site transportation improvements, all as more fully described herein (the portion of the
public infrastructure to be financed by the Series 2005 Bonds being referred to as the
"Series 2005 Project"); make a deposit to the Series 2005A Debt Service Reserve
Account and Series 2005B Debt Service Reserve Account, respectively, in an amount
equal to the Series 2005A Debt Service Reserve Requirement and Series 2005B Debt
Service Reserve Requirement for the Series 2005A Bonds and Series 2005B Bonds,
respectively; pay capitalized interest on the Series 2005 Bonds through November 1,
2006; and pay certain costs of issuance of the Seri~s 2005 Bonds.
The Series 2005 Bonds are being issued by the Issuer, a local unit of special-
purpose government of the State of Florida, created and established in accordance with
the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, as amended (the "Act"), by an ordinance of Collier County, Florida effective on
June 15, 2004. The Series 2005 Bonds are being issued pursuant to the Act and a
Master Trust Indenture (the "Master Indenture"), as supplemented by a First
Supplemental Trust Indenture (the "Supplemental Indenture" and together with the
Master Indenture, the "Indenture"), each dated July 1, 2005 and each to be entered into
by and between the Issuer and the Trustee (the "Indenture"). Capitalized terms not
otherwise defined herein shall have the meanings assigned to them in the Indenture.
The Series 2005 Bonds are payable from and secured by the Pledged Revenues
(herein defined), which consist primarily of the Special Assessments (herein defined)
derived by and from the levy and collection of non-ad valorem special assessments
against certain lands within the District that are subject to assessment as a result of the
Series 2005 Project or any portion thereof. See "SECURITY FOR THE SERIES 2005
BONDS."
The Series 2005A Bonds are subject to optional and mandatory sinking fund
redemption prior to maturity. The Series 2005B Bonds are not subject to optional or
mandatory sinking fund redemption prior to maturity. Both the Series 2005A Bonds and
the Series 2005B Bonds are subject to extraordinary mandatory redemption. See
"DESCRIPTION OF THE SERIES 2005 BONDS -- Redemption Provisions." It is
expected that the Series 2005B Bonds will be redeemed prior to maturity pursuant to
the extraordinary mandatory redemption provisions of the Indenture as a result of
FTL:1360390:4
16'
I "
PRAGER, SEALY & CO., LLC
Dated:
,2005
*
Preliminary, subject to change.
** The Issuer is not responsible for the use of CUSIP numbers, nor is any representation made
as to their correctness. They are included solely for the convenience of the readers of this
Limited Offering Memorandum.
This Preliminary Limited Offering Memorandum and any information contained
herein are subject to completion and amendment. The Series 2005 Bonds may not be
sold and offers to buy may not be accepted prior to the time the Limited Offering
Memorandum is delivered in final form. Under no circumstances may this Preliminary
Limited Offering Memorandum constitute an offer to sell or the solicitation of an offer to
buy, nor shall there be any sale of the Series 2005 Bonds in any jurisdiction in which
such offer, solicitation or sale would be unlawful prior to registration or qualification
under the securities laws of such jurisdiction.
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No dealer, broker, salesperson, or other person has been authorized by the
Wentworth Estates Community Development District (the "Issuer") or the Underwriter
designated on the cover page hereof to give any information or make any
representations, other than those contained in this Limited Offering Memorandum, and if
given or made, such other information or representations must not be relied upon as
having been authorized by either of the foregoing. This Limited Offering Memorandum
does not constitute an offer to sell or the solicitation of an offer to buy and there shall be
no offer, solicitation, or sale of the Series 2005 Bonds by any person in any jurisdiction
in which it is unlawful for such person to make such offer, solicitation or sale.
The information set forth herein has been obtained from public documents,
records and other sources, including the Issuer, the Landowners (herein defined), the
Residential Developer (herein defined) and other sources which are believed to be
reliable. The Underwriter has provided the following sentence for inclusion in this
Limited Offering Memorandum. The Underwriter has reviewed the information in this
Limited Offering Memorandum in accordance with, and as part of, its responsibilities to
investors under the federal-securities laws as applied to the facts and circumstances of
this transaction, but the Underwriter does not guarantee the accuracy or completeness
of such information. The information and expressions of opinion herein are subject to
change without notice, and neither the delivery of this Limited Offering Memorandum,
nor any sale made hereunder, shall, under any circumstances, create any implication
that there has been no change in the affairs of the Issuer, the Landowners or the
Residential Developer since the date hereof.
The Series 2005 Bonds have not been registered under the Securities Act of
1933, nor has the Indenture been qualified under the Trust Indenture Act of 1939, on
the basis of certain exemptions available under such Acts. The registration or
qualification of the Series 2005 Bonds under the securities laws of any jurisdiction in
which they may have been registered or qualified, if any, shall not be regarded as a
recommendation thereof. Neither the Issuer, the State of Florida, Collier County,
Florida, nor any of their agencies have passed upon the merits of the Series 2005
Bonds. Neither the State of Florida, Collier County, Florida nor any of their agencies
have passed upon the accuracy or completeness of this Limited Offering Memorandum.
FTl: 1360390:4
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TABLE OF CONTENTS
Page
INTRODUCTION............... ................................................................ ................... ........... 1
DESCRIPTION OF THE SERIES 2005 BONDS .............................................................3
General Description ............................................... ............................................... 3
Book-Entry Only System....................................................................................... 4
Redemption Provisions............................. ....... ................... ...... ................... .........7
SECURITY FOR AND SOURCES OF PAYMENT OF THE SERIES 2005 BONDS...... 10
Genera I ............ ........................ ,.............................. .... ... .............. .............. ......... 10
Additional Bonds................................................................................................. 11
Additional Assessments.......................... ....................... ....................... ..... ......... 12
Deferred Costs.................................................................................................... 13
Debt Service Reserve Fund........... ......... .................... ....... ................................. 13
Enforcement of Payment of Special Assessments.............................................. 17
Prepayment of Special Assessments.................................................................. 17
Adjustments to Special Assessments................................................................. 18
ENFORCEMENT OF ASSESSMENT COLLECTIONS ................................................. 18
General... .. ... .. . . ..... .... ... . .... ....... ... .. . .. .. . . ..... . .. . ... . . ... .. . .. . ... .. . . .. . .. . ... . .. . . . . . .. .. . .. ... .. .. .. 18
Alternative Uniform Tax Collection Procedure for Special Assessments ............ 19
Foreclosure.... ....... ............. ....... ............... ........ ....... ..................... .......................22
Tax Levies and Collections.......... ....................................... ................................23
BONDHOLDERS' RISKS ...... ...................................... ...................... ......... ...................24
ESTIMATED SOURCES AND USES OF PROCEEDS OF SERIES 2005 BONDS ......29
I
Sources of Funds......... ............ ........ ................................ ................................... 29
Use of Fun d s ...................................................................................................... 29
DEBT SERVICE REQUIREMENTS ON THE SERIES 2005A BONDS .......................... 29
DEBT SERVICE REQUIREMENTS ON THE SERIES 2005B BONDS......................... 30
COMBINED DEBT SERVICE REQUI REMENTS ..... ....... ...................... ........................ 30
THE ISSUER AND THE DISTRICT ............................................................................... 30
Legal Powers and Authority ................................................................................30
Board of Supervisors. .............. ...... ............... ............ ........... ............................... 31
The District Manager and Other Consultants...................................................... 33
THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER ..................................... 33
THE DEVELOPMENT...... .................................................................................... .........37
Genera I . . ... .... . .. .. ... .... . .. ..... . .. . . . ... ... .... . .. . .. . ....... . .. .. . . .. ... . .. . . .. .. . .. . .. . . . . . .. .. .. .. . .... . .. .... 37
Development Entitlements............................................... ... ................................39
District Infrastructure and Finance Plan ..............................................................39
Land Acquisition.................................................................................................. 40
Development and Financing............................................................................... 41
Residential Product Offerings............................................................................. 41
Builder Contracts................................................................................................ 42
Projected Absorption........................................................................................... 43
Commercial Development................................................................................... 43
Golf Course and Clubhouse...................................................... ....... ................... 43
Lifestyle Center................................................................................................... 44
Marina. ................................................................................................................ 45
Education... ... . . . . ... . ............ ..... . . .. ... .. ... . . . .. . . .. .... ...... .. ....... .. . .. .. .. ... . ... ... .. .. .. ... ... . . . . .. 45
FTL:1360390:4
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Marketing.......... ...... .... .. .......,.............................................. ....................... ......... 45
Residential Fees and Assessments....................................................................45
Competition [TO FOLLOW]................................................................................. 46
SPECIAL ASSESSMENT METHODOLOGy................ ...................... .................. .........46
TAX. MA TT E R S ............................................................................................................. 47
AGREEMENT BY THE STATE........... .............................. ................... ... ......... ....... ......48
LEGALITY FOR INVESTMENT...................,................................................................. 48
SUITABILITY FOR INVESTMENT................................................................................ 49
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ........................49
ENFORCEABILITY OF REMEDIES........... .................,...... ...... .............. .... ..... ..... ...... ... 49
LITIGATION........................................ ............................... ............................ ................50
NO RA TI NG................................................................................................................... 50
CONTINUI NG DiSCLOSURE........................................................................................ 50
FINANCIAL STATEMENTS................................................ ........................................... 50
UNDERWRITING.............................................................. ............................................51
EXP E RT S .. ... .. . .. . .. . . . . . .. .. . . . . . . . . . . . .. . . . . . . . . .. . . . . .. . . . .. . . ... . .. ... . . . . .. ... .... . .. . ... . .. . .. .. .. . ... . . . ..... .. ... . .. . 51
LEGAL MATTERS............................................................ .............................................51
VALl DATION................................................................................................................. 51
MiSCELLANEOUS........................................................................................................ 52
APPENDICES
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:
APPENDIX E:
Consulting Engineer's Report ....................................................... .... A-1
Form of the Indenture ....................................................................... B-1
Proposed Form of Opinion of Bond Counsel.................................... C-1
Continuing Disclosure Agreement.................................................... D-1
Special Assessment Methodology.................................................... E-1
FTl:1360390:4
1611.
LIMITED OFFERING MEMORANDUM
WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(Collier County, Florida)
$ *
Special Assessment Bonds, Series 2005A
and
$ *
Special Assessment Bonds, Series 2005B
INTRODUCTION
The purpose of this Limited Offering Memorandum, including the cover page,
Summary Statement and Appendices hereto, is to provide certain information in
connection with the offer for sale by the Wentworth Estates Community Development
District (the "Issuer") of its Special Assessment Bonds, Series 2005A (the "Series
2005A Bonds") and its Special Assessment Bonds, Series 2005B (the "Series 2005B
Bonds" and collectively with the Series 2005A Bonds, the "Series 2005 Bonds"). The
Issuer is a local unit of special-purpose government of the State of Florida, created
pursuant to the Uniform Community Development District Act of 1980, Chapter 190,
Florida Statutes, as amended (the "Act"), and established by ordinance of Collier
County, Florida (the "County") effective on June 15, 2004. The lands governed by the
Issuer (the "District") encompass approximately 978.58 acres, of which approximately
_ acres are developable. The District is located entirely within the unincorporated
jurisdictional boundaries of the County. The Issuer was created by the Act and
established by ordinance of the County for the purpose of financing and managing the
acquisition, construction, maintenance, and operation of a portion of the infrastructure
necessary for community development within the lands governed by the Issuer (the
"District"). For more complete information about the Issuer, its Board of Supervisors,
the District Manager and the District, see "THE ISSUER AND THE DISTRICT" herein.
The Series 2005 Bonds are being issued pursuant to the Act and a Master Trust
Indenture (the "Master Indenture"), as supplemented by a First Supplemental Indenture
(the "Supplemental Indenture" and collectively with the Master Indenture, the
"Indenture"), each dated as of July 1, 2005 and each to be entered into by the Issuer
and Wachovia Bank, National Association, Miami, Florida, as trustee (the "Trustee").
Reference is made to the Indenture for a full statement of the authority for, and the
terms and provisions of, the Series 2005 Bonds. All capitalized terms used in this
Limited Offering Memorandum that are defined in the Indenture and not defined herein
shall have the respective meanings set forth in the Indenture. See "APPENDIX B -
Form of the Indenture" herein.
* Preliminary, subject to change
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The District's Consulting Engineers have prepared a report, included as part of
Appendix A hereto, that describes the public infrastructure needed to serve the
Development (hereinafter defined), including, but not limited to, surface water
management, water and sewer utilities, roadway improvements, exterior landscaping,
wetland and upland mitigation, and off-site transportation improvements (the "Project").
Proceeds of the Series 2005 Bonds will be used to finance the Cost of a portion of the
Project, as more fully described herein and in the Consulting Engineer's Report included
as part of Appendix A hereto (the "Series 2005 Project"); make a deposit to the Series
2005A Debt Service Reserve Account and Series 2005B Debt Service Reserve
Account, respectively, in an amount equal to the Series 2005A Debt Service Reserve
Requirement and Series 2005B Debt Service Reserve Requirement for the Series
2005A Bonds and Series 2005B Bonds, respectively; pay capitalized interest' on the
Series 2005 Bonds through November 1, 2006; and pay certain costs of issuance of the
Series 2005 Bonds.
Approximately 978.58 acres of the approximately 1 ,044-acre development known
as Treviso Bay (the "Development") will be located in the District. The Development is
planned to include approximately 1,200 residential units, a recreational center (the
"Lifestyle Center"), a golf course and golf clubhouse and commercial uses. See "THE
DEVELOPMENT" herein. The residential acres and Lifestyle Center are owned by VK
Holdings Treviso Bay, LLC, a Florida limited liability company (the "Residential
Landowner") and will be developed by Treviso Bay Development, LLC, a Delaware
limited liability company (the "Residential Developer"). The commercial acres are
owned, and will be developed, by VK Holdings Treviso Bay Commercial, LLC, a Florida
limited liability company (the "Commercial Landowner"). The golf course and golf
clubhouse acreage is owned, and will be developed, by VK Holdings Treviso Bay Golf
Course, LLC, a Florida limited liability company (the "Golf Course Landowner"). The
Residential Landowner, the Commercial Landowner and the Golf Course Landowner
are sometimes referred to collectively as the "Landowners." The Landowners and the
Residential Developer are affiliated with V.K. Development Corporation, a Wisconsin
corporation, which directly or through affiliated entities, has developed various mixed-
use communities, as well as single-family, multi-family and commercial developments in
Wisconsin. See "THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER" and
'THE DEVELOPMENT -'Land Acquisition' and 'Development and Financing'."
Initially, only the acres on which the golf course and golf clubhouse and
residential lots will be located will be subject to the Special Assessments securing the
Series 2005 Bonds. Pursuant to the Methodology (as hereinafter defined), the Special
Assessments allocated to the residential acres will be further allocated, sequentially, to
residential lots sold by the Residential Developer to builders or end users. Ultimately, it
is expected that approximately _ of the planned 1,200 residential units in the
Development, together with the acres on which the golf course and golf clubhouse will
be located, will be subject to the Special Assessments securing the Series 2005 Bonds.
See "SPECIAL ASSESSMENT METHODOLOGY" herein and "APPENDIX E-Special
Assessment Methodology."
FTl:1360390:4
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1611.
The Series 2005 Bonds are not a suitable investment for all investors. See
"SUITABILITY FOR INVESTMENT" and "BONDHOLDERS' RISKS" herein. The Series
2005 Bonds are the first securities to be issued by the Issuer. No person has been
authorized by the Issuer or the Underwriter to give any information or to make any
representations, other than those contained in this Limited Offering Memorandum and, if
given or made, such other information or representations must not be relied upon as
having been authorized by any of the foregoing. Prospective investors in the Series
2005 Bonds are invited to visit the District and the Development, ask questions of
representatives of the Issuer, the Landowners and the Residential Developer, and
request documents, instruments and information referred to, summarized or described
herein. Prospective investors should rely upon the information appearing in this Limited
Offering Memorandum within the context of the availability of such additional information
and the sources thereof.
There follows in this Limited Offering Memorandum a brief description of the
Issuer, the District, the Development, the Landowners, the Residential Developer and
the Series 2005 Project, together with summaries of terms of the Series 2005 Bonds,
the Indenture and certain provisions of the Act. All references herein to the Indenture
and the Act are qualified in their entirety by reference to such documents and all
references to the Series 2005 Bonds are qualified by reference to the definitive forms
thereof and the information with respect thereto contained in the Indenture. The full text
of the form of the Indenture appears as Appendix B hereto. The information herein
under the captions "THE DEVELOPMENT" and "THE LANDOWNERS AND
RESIDENTIAL DEVELOPER" has been furnished to the Issuer by the Landowners and
the Residential Developer or their affiliates.
DESCRIPTION OF THE SERIES 2005 BONDS
General Description
The Series 2005 Bonds will be dated, will bear interest at the rates per annum
and, subject to the redemption provisions set forth below, will mature on the dates and
in the amounts set forth on the cover page of this Limited Offering Memorandum.
Interest on the Series 2005 Bonds is to be computed on the basis of a 360-day year
consisting of twelve thirty-day months and will be payable semi-annually on May 1 and
November 1, commencing November 1, 2005, until maturity or prior redemption.
Wachovia Bank, National Association, Miami, Florida is the initial Trustee, Paying Agent
and Registrar for the Series 2005 Bonds.
The Series 2005 Bonds are issuable as fully registered bonds, without coupons,
in denominations of $5,000; provided, however, that the Series 2005 Bonds will be
deliverable to the initial purchasers only in denominations of $100,000 or integral
multiples of $5,000 in excess of $100,000. The Series 2005 Bonds will be initially
issued in the form of a single fully-registered certificate. Upon initial issuance, the
ownership of the Series 2005 Bonds will be registered in the bond register kept by the
Trustee in the name of Cede & Co., as nominee for The Depository Trust Company,
FTL:1360390:4
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New York, New York ("DTC"). See "DESCRIPTION OF THE SERIES 2005 BONDS __
Book-Entry Only System" below.
Book-Entry Only System
The following contains a description of the procedures and operations of DTC
and is based upon information provided by DTC. The Issuer has not independently
investigated or verified such procedures and operations and assumes no responsibility
for the accuracy or completeness of the description thereof.
DTC, New York, New York, will act as securities depository for the Series 2005
Bonds. The Series 2005 Bonds will be issued as fully registered bonds, registered in
the name of Cede &Co. (DTC's partnership nominee) or such other name as may be
requested by an authorized representative of DTC. One fully registered certificate for
the Series 2005 Bonds will be issued in the aggregate principal amount of the Series
2005 Bonds and will be deposited with DTC.
DTC, the world's largest depository, is a limited purpose trust company organized
under the New York Banking Law, a "banking organization" within the meaning of the
New York Banking Law, a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code, and a
"clearing agency" registered pursuant to the provisions of Section 17 A of the Securities
Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million
issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues and
money market instruments from over one hundred (100) countries that DTC's
Participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade
settlement among Direct Participants of sales and other securities transactions in
deposited securities, through electronic computerized book-entry transfers and pledges
between Direct Participants' accounts. This eliminates the need for physical movement
of securities certificates. Direct Participants include both U.S. and non-U.S. securities
brokers and dealers, banks, trust companies, clearing corporations, and certain other
organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing
Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of
DTC and Members of the National Securities Clearing Corporation, Fixed Income
Clearing Corporation, and Emerging Markets Clearing Corporation, (NSCC, FICC, and
EMCC, also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc.,
the American Stock Exchange LLC, and the National Association of Securities Dealers,
Inc. Access to the DTC system is also available to others such as both U.S. and non-
U.S. securities brokers and dealers, banks, trust companies, and clearing corporations
that clear through or maintain a custodial relationship with a Direct Participant, either
directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's highest rating:
AAA. The DTC Rules applicable to its Participants are on file with the Securities and
Exchange Commission. More information about DTC can be found at www.dtcc.com
andwww.dtc.org.
Purchases of Series 2005 Bonds under the DTC system must be made by or
through Direct Participants, which will receive a credit for the Series 2005 Bonds on
FTL: 1360390:4
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16/1
DTC's records. The ownership interest of each actual purchaser of each Series 2005
Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect
Participant's records. Beneficial Owners will not receive written confirmation from DTC
of their purchase. Beneficial Owners are, however, expected to receive written
confirmation providing details of the transaction, as well as periodic statements of their
holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership interests in the Series 2005 Bonds
are to be accomplished by entries made on the books Direct and Indirect of Participants
acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates
representing their ownership interests in Series 2005 Bonds, except in the event that
use of the book-entry system for the Series 2005 Bonds is discontinued.
To facilitate subsequent transfers, all Series 2005 Bonds deposited by Direct
Participants with DTC are registered in the name of DTC's partnership nominee, Cede
& Co or such other name as may be requested by an authorized representative of DTC.
The deposit of Series 2005 Bonds with DTC and their registration in the name of Cede
& Co. or such other DTC nominee do not effect any change in beneficial ownership.
DTC has no knowledge of the actual Beneficial Owners of the Series 2005 Bonds,
DTC's records reflect only the identity of the Direct Participants to whose accounts such
Series 2005 Bonds are credited, which mayor may not be the Beneficial Owners. The
Direct and Indirect Participants will remain responsible for keeping account of their
holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants,
by Direct Participants to Indirect Participants, and by Direct Participants and Indirect
Participants to Beneficial Owners will be governed by arrangements among them,
subject to any statutory or regulatory requirements as may be in effect from time to time.
Beneficial Owners of Series 2005 Bonds may wish to take certain steps to augment the
transmission to them of notices of significant events with respect to the Series 2005
Bonds, such as redemptions, tenders, defaults, and proposed amendments to the
security documents. For example, Beneficial Owners of Series 2005 Bonds may wish
to ascertain that the nominee holding the Series 2005 Bonds for their benefit has
agreed to obtain and transmit notices to Beneficial Owners. In the alternative,
Beneficial Owners may wish to provide their names and addresses to the Registrar and
request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Series 2005
Bonds are being redeemed, DTC's practice is to determine by lot the amount of the
interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote
with respect to Series 2005 Bonds. Under its usual procedures, DTC mails an Omnibus
Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy
assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose
accounts the Series 2005 Bonds are credited on the record date (identified in a listing
attached to the Omnibus Proxy).
FTL:1360390:4
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The redemption price and principal and interest payments on the Series 2005
Bonds will be made to Cede & Co. or such other nominee as may be requested by an
authorized representative of DTC. DTC's practice is to credit Direct Participants'
accounts upon DTC's receipt of funds and corresponding detail information from the
Issuer or the Paying Agent on the payable date in accordance with their respective
holdings shown on DTC's records. Payments by Participants to Beneficial Owners will
be governed by standing instructions and customary practices, as is the case with
securities held for the accounts of customers in bearer form or registered in "street
name," and will be the responsibility of such Participant and not of DTC, the Paying
Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in
effect from time to time. Payment of redemption price and principal and interest to
Cede & Co. (or such other nominee as may be requested by an authorized
representative of DTC) is the responsibility of the Issuer or the Paying Agent,
disbursement of such payments to Direct Participants shall be the responsibility of DTC,
and disbursement of such payments to the Beneficial Owners shall be the responsibility
of Direct and Indirect Participants.
DTC may discontinue providing its services as depository with respect to the
Series 2005 Bonds at any time by giving reasonable notice to the Issuer or the Paying
Agent. Under such circumstances, in the event that a successor depository is not
obtained, Series 2005 Bonds certificates are required to be printed and delivered.
Subject to the policies and procedures of DTC (or any successor securities
depository), the Issuer may decide to discontinue use of the system of book-entry
transfers through DTC (or a successor securities depository). In that event Series 2005
Bonds certificates will be printed and delivered.
SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE SERIES
2005 BONDS, AS NOMINEE OF DTC, REFERENCES HEREIN TO THE HOLDER OF
THE SERIES 2005 BOND OR REGISTERED OWNERS OF THE SERIES 2005
BONDS SHALL MEAN DTC AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF
THE SERIES 2005 BONDS.
The Issuer can make no assurances that DTC will distribute payments of
principal of, redemption price, if any, or interest on the Series 2005 Bonds to the Direct
Participants, or that Direct and Indirect Participants will distribute payments of principal
of, redemption price, if any, or interest on the Series 2005 Bonds or redemption notices
to the Beneficial Owners of such Series 2005 Bonds or that they will do so on a timely
basis, or that DTC or any of its Participants will act in a manner described in this Limited
Offering Memorandum. The Issuer is not responsible or liable for the failure of DTC to
make any payment to any Direct Participant or failure of any Direct or Indirect
Participant to give any notice or make any payment to a Beneficial Owner in respect to
the Series 2005 Bonds or any error or delay relating thereto.
The rights of holders of beneficial interests in the Series 2005 Bonds and the
manner of transferring or pledging those interests is subject to applicable state law.
Holders of beneficial interests in the Series 2005 Bonds may want to discuss the
FTl: 1360390:4
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manner of transferring or pledging their interest in the Series 2005 Bonds with their legal
advisors.
NEITHER THE ISSUER NOR THE TRUSTEE SHALL HAVE ANY OBLIGATION
WITH RESPECT TO ANY DEPOSITORY PARTICIPANT OR BENEFICIAL OWNER OF
THE SERIES 2005 BONDS DURING SUCH TIME AS THE SERIES 2005 BONDS ARE
REGISTERED IN THE NAME OF A SECURITIES DEPOSITORY PURSUANT TO A
BOOK-ENTRY ONLY SYSTEM OF REGISTRATION.
Redemption Provisions
Optional Redemption
Series 2005A Bonds. The Series 2005A Bonds are subject to redemption prior
to maturity at the option of the Issuer, in whole on any date or in part on any Interest
Payment Date in each case on or after May 1, 20_, at the redemption prices
(expressed as percentages of the principal amount of the 2004A Bonds or portions
thereof to be redeemed) set forth below, in each case together with accrued interest to
the redemption date:
Redemption Period
(both dates inclusive)
May 1 r 20_ through April 30, 20_
May 1,20_ and thereafter
Redemption Prices
101%
100%
Series 2005B Bonds. The Series 2005B Bonds are not subject to redemption
prior to maturity at the option of the Issuer.
Extraordinary Mandatory Redemption in Whole or in Part
The Series 2005 Bonds are subject to extraordinary mandatory redemption prior
to maturity by the Issuer in whole, on any date, or in part, with respect to the Series
2005A Bonds, on any Interest Payment Date, and, with respect to the Series 2005B
Bonds on any February 1, May 1, August 1 and November 1 (each a "Quarterly
Redemption Date"), at an extraordinary mandatory redemption price equal to 100% of
the principal amount of the Series 2005 Bonds to be redeemed, plus interest accrued to
the redemption date, as set forth below.
(a) from Series 2005A Prepayment Principal deposited into the Series
2005A Prepayment Account or, on each Quarterly Redemption Date, from Series
2005B Prepayment Principal deposited into the Series 2005B Prepayment
Account of the Series 2005 Bond Redemption Fund following the payment in
whole or in part of Special Assessments on any portion of the District Lands
specially benefited by the Series 2005 Project in accordance with the provisions
of Section 4.05(a) of the Supplemental Indenture, including excess moneys
transferred from the Series 2005B Debt Service Reserve Account to the Series
2005B Prepayment Account of the Series 2005 Bond Redemption Fund resulting
FTL: 1360390:4
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from such Special Assessment prepayments pursuant to Section 4.01 (f)(ii) of the
Supplemental Indenture.
(b) from moneys, if any, on deposit in the Series 2005A Accounts and
Subaccounts or Series 2005B Accounts and Subaccounts in the Series 2005
Funds and Accounts (other than the Rebate Fund) sufficient to pay and redeem
all Deferred Costs and all Series 2005A Outstanding Bonds or all Series 2005B
Outstanding Bonds, as the case may be, and accrued interest thereon to the
redemption date or dates in addition to all amounts owed to Persons under the
Master Indenture.
(c) on or after the Completion Date of the Series 2005 Project, (A) by
application of moneys remaining in the Series 2005 Acquisition and Construction
Account of the Acquisition and Construction Fund not reserved by the Issuer for
the payment of any remaining part of the Cost of the Series 2005 Project and/or
Deferred Costs, all of which shall be transferred, first, to the Series 2005B
General Account of the Series 2005 Bond Redemption Fund and credited toward
extinguishment of the Special Assessments and applied toward the redemption
of the Series 2005B Bonds until no Series 2005B Bonds remain Outstanding, as
described in Section 4.01 (a) of the Supplemental Indenture and then to the
Series 2005A General Account of the Series 2005 Bond Redemption Fund and
credited toward extinguishment of the Special Assessments and applied toward
the redemption of the Series 2005A Bonds, as described in Section 4.01 (a) of the
Supplemental Indenture, in accordance with the manner it has credited such
excess moneys toward extinguishment of such Series 2005A Special
Assessments and/or Series 2005B Special Assessments, as applicable, which
the Issuer shall describe to the Trustee in writing; and (B) after November 1,
2006, by application of any moneys transferred from the Series 2005A
Capitalized Interest Subaccount or Series 2005B Capitalized Interest Subaccount
pursuant to Section 4.01 (d) of the Supplemental Indenture, and applied by the
Issuer toward the redemption of the Series 2005A Bonds until no Series 2005B
Bonds remain Outstanding and thereafter to the redemption of Series 2005B
Bonds.
(d) from excess moneys transferred from the Series 2005A Revenue
Subaccount and the Series 2005B Revenue Subaccount to the Series 2005A
and Series 2005B General Accounts of the Series 2005 Bond Redemption Fund,
respectively, in accordance with Section 6.03 of the Master Indenture and
Section 4.02 of the Supplemental Indenture.
(e) from amounts on deposit in the Series 2005A Debt Service
Reserve Account or the Series 2005B Debt Service Reserve Account in excess
of the Debt Service Reserve Requirement for the Series 2005A Bonds or Series
2005B Bonds, respectively, and transferred to the Series 2005A General Account
or the Series 2005B General Account of the Series 2005 Bond Redemption Fund
in accordance with Section 6.05 of the Master Indenture and Section 4.01 (f)(i) or
Section 4.01 (f)(ii)(B) of the Supplemental Indenture, as the case may be, to be
FTL:1360390:4
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used for the extraordinary mandatory redemption of the Series 2005A Bonds or
the Series 2005B Bonds.
It is expected that Series 2005B Bonds will be redeemed prior to maturity as a
result of the extraordinary mandatory redemption of Series 2005B Bonds as a result of
Prepayments of Series 2005B Special Assessments.
Mandatory Sinkinq Fund Redemption
The Series 2005A Bonds maturing on May 1, 20_ are subject to mandatory
redemption in part by the Issuer by lot prior to their scheduled maturity from moneys in
the Series 2005A Sinking Fund Account established under the Indenture in satisfaction
of applicable mandatory sinking fund installments at the Redemption Price of 100% of
the principal amount thereof, without premium, together with accrued interest to the date
of redemption on May 1 of the years and in the principal amounts set forth below:
Year
beqinninq Mav 1,
Principal
Amount
$
*
*
Final Maturity
The Series 2005B Bonds are not subject to mandatory sinking fund redemption.
Notice of Redemption
When required to redeem Series 2005 Bonds under any provIsion of the
Indenture or when directed to do so by the Issuer, the Trustee shall cause notice of the
redemption, either in whole or in part, to be mailed at least thirty (30) but not more than
sixty (60) days prior to the redemption or purchase date to all Holders of Series 2005
Bonds to be redeemed (as such Holders appear on the Bond Register on the fifth [5th]
day prior to such mailing), at their registered addresses. Failure to mail any such notice
or defect in the notice or in the mailing thereof shall not affect the validity of the
redemption of the Series 2005 Bonds for which notice was duly mailed in accordance
with the Indenture. The Indenture also requires the Trustee to deliver redemption notice
information to certain national information services. See "APPENDIX B - Form of the
Indenture" herein.
Partial Redemption of Series 2005 Bonds
If less than all the Series 2005 Bonds are to be redeemed, the Trustee shall
select the particular Series 2005 Bonds or portions thereof to be called for redemption
by lot, in such reasonable manner as the Trustee in its discretion may determine.
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SECURITY FOR AND SOURCES OF PAYMENT OF THE SERIES 2005 BONDS
General
Payment of the principal of, premium, if any, and interest on the Series 2005
Bonds is secured by a pledge of and a first lien upon the Pledged Revenues. The
Pledged Revenues consist of: (a) all revenues received by the Issuer from Special
Assessments levied and collected on all of the District Lands benefited by the Series
2005 Project, including, without limitation, amounts received from any foreclosure
proceeding for the enforcement of collection of such Special Assessments or, if
applicable, from the issuance and sale of tax certificates with respect to such Special
Assessments; and (b) all moneys on deposit in the Funds and Accounts created under
the Indenture; provided, however, that Pledged Revenues do not include (i) any
moneys transferred to the Rebate Fund, or investment earnings thereon, and (ii)
"special assessments" levied and collected by the Issuer under Section 190.022 of the
Act for maintenance purposes or "maintenance special assessments" levied and
collected by the Issuer under Section 190.021(3) of the Act. The Issuer does not
currently expect to collect the Series 2005B Special Assessments on the tax bill, using
the uniform method of collection. See "ENFORCEMENT OF ASSESSMENT
COLLECTIONS" herein.
THE SERIES 2005 BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER
PAYABLE SOLELY FROM PLEDGED REVENUES PLEDGED THEREFOR UNDER
THE INDENTURE AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT,
NOR THE TAXING POWER OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE
STATE OF FLORIDA, OR ANY OTHER POLITICAL SUBDIVISION THEREOF, IS
PLEDGED AS SECURITY FOR THE PAYMENT OF THE SERIES 2005 BONDS,
EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE INDENTURE TO LEVY
AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE CERTIFIED FOR
COLLECTION, SPECIAL ASSESSMENTS TO SECURE AND PAY THE SERIES 2005
BONDS. THE SERIES 2005 BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF
THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR ANY
OTHER POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION. SEE "SECURITY
FOR AND SOURCES OF PAYMENT OF THE SERIES 2005 BONDS," AND
"ENFORCEMENT OF ASSESSMENT COLLECTIONS" HEREIN.
The Issuer is authorized by the Act and other applicable law to finance
construction of the Series 2005 Project by levying the Special Assessments upon lands
within the District benefitted thereby. The Special Assessments are a type of non-ad
valorem assessment which may be imposed against the lands within the District subject
thereto upon the basis of a special benefit to such lands determined to result from the
implementation of the Series 2005 Project. Non-ad valorem assessments are not
based on millage and become a lien against the homestead as permitted by Section 4,
Article X of the Florida State Constitution.
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See "SPECIAL ASSESSMENT METHODOLOGY" herein and "APPENDIX E-
SPECIAL ASSESSMENT METHODOLOGY" for a description of the lands within the
District subject to the Special Assessments.
The Indenture provides that the Special Assessments shall be collected by the
Issuer in accordance with the provisions of the Act and Chapter 170 or Chapter 197,
Florida Statutes or any successor statutes thereto, as applicable. The election to collect
and enforce Special Assessments in any year pursuant to anyone method shall not, to
the extent permitted by law, preclude the Issuer from electing to collect and enforce
Special Assessments pursuant to any other method permitted by law in any subsequent
year. The Issuer currently expects to collect the Series 2005A Special Assessments
levied on platted lots through the uniform method for the levy, collection and
enforcement of Special Assessments afforded by Sections 197.3631, 197.3632 and
197.3635, Florida Statutes, or any successor statutes thereto (the "Uniform Method").
The Issuer currently expects to directly collect the Series 2005A Special Assessments
levied on unplatted lots and the Series 2005B Special Assessments itself, rather than
through the Uniform Method. The Issuer covenants to cause any Special Assessments
received by it to be deposited with the Trustee for deposit into the Revenue Fund
(provided that amounts received as prepayments of Series 2005A Special Assessments
shall be deposited directly into the Series 2005A Prepayment Subaccount of the Bond
Redemption Account and amounts received as prepayments of Series 2005B Special
Assessments shall be deposited directly into the Series 2005B Prepayment Subaccount
of the Series 2005 Bond Redemption Account). For a discussion of the manner in
which payments of the Special Assessments are enforced, see "ENFORCEMENT OF
ASSESSMENT COLLECTIONS" herein.
The Issuer has further covenanted in the Indenture that if any Special
Assessments shall be either in whole or in part annulled, vacated or set aside by the
judgment of any court, or if the Issuer shall be satisfied that any such Special
Assessments are so irregular or defective that the same cannot be enforced or
collected, or if the Issuer shall have omitted to make such Special Assessments when it
might have done so, the Issuer shall either: (i) take all necessary steps to cause new
Special Assessments to be levied and collected for the whole or any part of the Series
2005 Project or against any property benefitted by said Series 2005 Project; or (ii) in its
sole discretion, make up the amount of such Special Assessments from legally available
moneys, which moneys shall be deposited into the appropriate Accounts in the
Revenue Fund. In case such second Special Assessments shall be annulled, the
Issuer shall obtain and make other Special Assessments until valid Special
Assessments are made.
Additional Bonds
Subsequent to the issuance of the Series 2005 Bonds, the Issuer may cause one
or more Series of Bonds to be issued pursuant to the Master Indenture, as
supplemented, for the purpose of financing the Cost of acquisition or construction of the
portion of the Project not included in the Series 2005 Project, or for completion of the
Project (including the Series 2005 Project) or to refund all or a portion of a Series of
FTl:1360390:4
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Bonds, in all cases subject to the terms and conditions of the Master Indenture, as
supplemented. See "APPENDIX B-Form of the Indenture."
The Supplemental Indenture authorizing the Series 2005 Bonds prohibits the
issuance of additional Bonds on a parity therewith. However, the Issuer may issue a
Series of Bonds that are payable from non-ad valorem special assessments (other than
the Special Assessments securing the Series 2005 Bonds) levied on the District Lands
that benefit from the portion of the Project financed by such Series of Bonds.
The Issuer currently expects to issue one or more Series of Bonds in the future to
finance the Cost of the acquisition and construction of the portion of the Project not
included in the Series 2005 Project. It is expected that any non-ad valorem
assessments levied by the Issuer to secure additional Bonds issued pursuant to the
Master Indenture will be levied on residential lots in the District that have not been sold
by the Residential Developer. These unsold residential lots may still be subject to the
Special Assessments securing the Series 2005 Bonds. See "SECURITY FOR AND
SOURCES OF PAYMENT OF THE SERIES 2005 BONDS-Additional Assessments"
and "BONDHOLDERS' RISKS -- Item NO.4."
In addition, the Issuer has the authority under the Act to issue bonds pursuant to
instruments other than the Master Indenture. Such bonds could be payable from non-
ad valorem assessments (other than the Special Assessments securing the Series 2005
Bonds) levied on the lands within the District that benefit from the project financed by
the additional bonds. These lands could be the same as those that are subject to the
Special Assessments securing the Series 2005 Bonds. See "BONDHOLDERS' RISKS _
- Item NO.4."
Additional Assessments
The Issuer has the authority to levy and assess District Lands in the
Development for maintenance and operation functions of the Issuer. The Issuer
anticipates that it will annually levy such assessments to pay its administrative costs
and the cost of operating and maintaining portions of the Series 2005 Project and any
other components of the Project subsequently acquired by the Issuer. See "THE
ISSUER AND THE DISTRICT - Legal Powers and Authority." If the Issuer issues
additional Bonds or other bonds or obligations in addition to the Series 2005 Bonds, it
may levy non-ad valorem assessments to pay debt service on such additional Bonds or
other obligations on the same District Lands that are subject to the Special
Assessments as a result of the Series 2005 Project. As noted above, the Issuer
anticipates issuing additional Bonds to finance the portion of the Project not included in
the Series 2005 Project, which Bonds will be secured by non-ad valorem special
assessments levied on residential lots in the District that have not been sold by the
Residential Developer. These unsold residential lots may remain subject to the non-ad
valorem special assessments to the Special Assessments securing the Series 2005
Bonds. See "BONDHOLDERS' RISKS-Item NO.4."
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Deferred Costs
For purposes of the Indenture, "Deferred Costs" are the Costs of the Project
which have not been paid from the proceeds of a Series of Bonds and which are
identified by the Issuer to the Trustee in writing as having been advanced under an
Acquisition Agreement or any other contract or agreement pursuant to which the Issuer
may become obligated to pay for Costs of the Project from a Series of Bonds. Such
Deferred Costs are subordinate to the Series 2005 Bonds and payable, if ever, solely as
provided in the Indenture. The Issuer, the Residential Developer and the Golf Course
Landowner will enter into a written Completion Agreement prior to the issuance of the
Series 2005 Bonds (the "Completion Agreement") which will obligate the Residential
Developer and the Golf Course Owner to complete and convey to the Issuer the
applicable portions of the Project (including the Series 2005 Project) each is responsible
for developing, regardless of whether the proceeds of the Series 2005 Bonds or a
Series of additional Bonds are sufficient or available to pay the acquisition price
therefore. To the extent the cost of the applicable portions of the Project exceeds the
amount paid by the Issuer from proceeds of Bonds, the Residential Developer and/or
Golf Course Landowner will be entitled to receive "Deferred Costs" from the Issuer. The
Indenture provides, generally, for amounts to be transferred to the Deferred Costs
Subaccount of the Series 2005 Acquisition and Construction Fund to be applied to pay
any unpaid Deferred Costs from (i) amounts remaining in the Series 2005 Acquisition
and Construction Account of the Acquisition and Construction Fund after the Series
2005 Project has been completed, (ii) excess amounts on deposit in the Series 2005A
Capitalized Interest Subaccount and/or Series 2005B Capitalized Interest Subaccount
not needed to pay Capitalized Interest on the Series 2005 Bonds on November 1, 2006,
(iii) earnings on the Series 2005A Debt Service Reserve Account and Series 2005B
Debt Service Reserve Account, and (iv) amounts on deposit in the Series 2005A Debt
Service Reserve Account in excess of the Series 2005A Debt Service Reserve
Requirement. Deferred Costs shall not be due and payable to the Residential Developer
or Golf Course Landowner, as applicable, if such party is in default under the
Completion Agreement. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE
SERIES 2005 BONDS-Debt Service Reserve Fund" and "APPENDIX B-Form of the
Indenture."
Debt Service Reserve Fund
A Debt Service Reserve Fund is created under the Indenture and within such
Fund a "Series 2005A Debt Service Reserve Account" and a "Series 2005B Debt
Service Reserve Account."
The Debt Service Reserve Requirement for the Series 2005A Bonds is defined in
the Indenture as, (a) at the time of issuance, an amount equal to the least of (i) the
maximum annual Debt Service Requirement for the Outstanding Series 2005A Bonds,
(ii) 125% of the average annual Debt Service Requirement for Outstanding Series
2005A Bonds, and (iii) 10% of the original stated principal amount (within the meaning
of the Code) of the Series 2005A Bonds ($ , an amount equal to % of
the initial principal amount of the Series 2005A Bonds, which is the maximum annual
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. -,- ...._~ . r---'"
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"
Debt Service Requirement for the Outstanding Series 200SA Bonds, shall constitute the
initial Debt Service Reserve Requirement for the Series 200SA Bonds) and (b) at any
time after the date of initial issuance the Series 200SA Reserve Account Percentage
times the Deemed Outstanding Series 200SA Bonds; provided, however, that
subs~quent to the date on which the Series 200SA Bonds have received an Investment
Grade Rating or the date on which the Series 200SA Special Assessments have been
Substantially Absorbed, in each case as evidenced by a certificate to such effect
delivered to the Trustee by an Authorized Officer of the Issuer on which the Trustee
may conclusively rely, the Debt Service Reserve Requirement for the Series 200SA
Bonds shall mean SO% of the maximum annual Debt Service Requirement for the
Outstanding Series 200SA Bonds Deemed Outstanding.
For purposes of the foregoing, the Indenture defines the following terms with
respect to the Series 200SA Bonds:
"Deemed Outstanding" means (i) the aggregate Outstanding principal
amount of the Series 200SA Bonds (ii) reduced by the result of dividing (A) the
amount on deposit in the 200SA Prepayment Subaccount in the 200SA
Redemption Account by (B) 1 minus the Series 200SA Reserve Account
Percentage and (iii) increased by the amount of excess from the Series 200SA
Reserve Account to be used to pay Deferred Costs;
"Investment Grade Rating" means a rating on the Series 200SA Bonds of
at least "BBB-," "Baa3," or "BBB-" by S&P, Moody's or Fitch, respectively;
"Series 200SA Reserve Account Percentage" means the result of dividing
(i) the Series 200SA Reserve Account Requirement on the date of initial issuance
and delivery of the Series 200SA Bonds ($ ) by (ii) the initial
Outstanding aggregate principal amount of the Series 200SA Bonds, which
equals ( %); provided, however, that subsequent to the date on which the
Series 200S Bonds have received an Investment Grade Rating or the date on
which the Series 200S Assessments have been Substantially Absorbed, in each
case as evidenced by a certificate to such effect delivered to the Trustee from an
Authorized Officer on which the Trustee may conclusively rely, the Series 200SA
Reserve Account Percentage shall mean the result of dividing SO% of the
Maximum Annual Debt Service Requirement by the then-Outstanding principal
amount of the Series 200SA Bonds, but only if the amount so determined. is less
than the amount determined in the preceding clause; and
"Substantially Absorbed" means the date on which a principal amount of
the Series 200SA Special Assessments equaling at least 7S% of the then
Outstanding principal amount of the Series 200SA Bonds are levied on the
District Lands with respect to which a certificate of occupancy has been issued
for a structure thereon
The Debt Service Reserve Requirement for the Series 200SB Bonds is defined in
the Indenture as (a) at the time of issuance, an amount equal to six months of interest
FTl: 1360390:4
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on the Series 200SB Bonds and (b) at any time after the date of initial issuance, the
Series 200SB Reserve Account Percentage times the Deemed Outstanding Series
200SB Bonds.
For purposes of the foregoing, the Indenture defines the following terms with
respect to the Series 200SB Bonds:
"Deemed Outstanding" means (i) the aggregate Outstanding principal
amount of the Series 2005B Bonds and (ii) reduced by the result of dividing (A)
the amount on deposit in the 200SB Prepayment Subaccount in the 200SB
Redemption Account by (B) 1 minus the Series 200SB Reserve Account
Percentage; and
"Series 200SB Reserve Account Percentage" means the result of dividing
(i) the Series 200SB Reserve Account Requirement on the date of initial issuance
and delivery of the Series 200SB Bonds ($ ) by (ii) the initial
Outstanding aggregate principal amount of the Series 200SB Bonds, which
equals ( %).
Notwithstanding the foregoing, in no event shall the Debt Service Reserve
Requirement with respect to the Series 200S Bonds exceed an amount equal to the
least of (i) the maximum annual Debt Service Requirement for the Outstanding Series
2005 Bonds, (ii) 12S% of the average annual Debt Service Requirement for Outstanding
Series 200S Bonds, and (iii) 10% of the original stated principal amount (within the
meaning of the Code) of the Series 200S Bonds. If at any time it is necessary to reduce
the amounts in the Series 200SA Debt Service Reserve Account and Series 200SB
Debt Service Reserve Account as a result of the preceding proviso, such accounts shall
be reduced on a pro-rata basis.
Any amount in the Series 200S Debt Service Reserve Accounts may, upon final
maturity or payment of the Series 200S Bonds and payment of any Deferred Costs, be
used to pay principal of and interest on the Series 200S Bonds at that time.
Amounts on deposit in the Series 200SA Debt Service Reserve Account will be
used to pay principal of and interest on the Series 200SA Bonds if amounts on deposit
in the Series 200SA Interest Subaccount and Series 200SA Principal Subaccount
established in the Debt Service Fund for the Series 200SA Bonds are insufficient for
such purpose. Amounts on deposit in the Series 200SB Debt Service Reserve Account
will be used to pay principal of and interest on the Series 200SB Bonds if amounts on
deposit in the Series 200SB Interest Subaccount and Series 200SB Principal
Subaccount established in the Debt Service Fund for the Series 200SB Bonds are
insufficient for such purpose.
Amounts on deposit in the Series 200SA Debt Service Reserve Account will
decrease as the Outstanding principal amount of the Series 200SA Bonds decreases
and upon the extraordinary mandatory redemption prior to maturity of Series 200SA
Bonds as the result of Prepayments of Series 200SA Special Assessments.
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The Indenture provides that as long as there exists no default under the
Indenture and the amounts in the Series 200SA Debt Service Reserve Account and the
Series 200SB Debt Service Reserve Account, as applicable, are not reduced below the
Debt Service Reserve Requirement, earnings on investments in the Series 200SA Debt
Service Reserve Account and the Series 200SB Debt Service Reserve Account, as
applicable, shall be transferred first to the Deferred Costs Subaccount of the Series
200S Acquisition and Construction Account to the extent that there remain any
outstanding and unpaid Deferred Costs, and then into the Series 200SA Revenue
Subaccount and Series 200SB Revenue Account of the Series 200S Revenue Account,
as applicable.
The Indenture provides that on each March 1S and September 1S (or, if such
date is not a Business Day, on the Business Day next preceding such day), the Trustee
shall determine the amount on deposit in the Series 200SA Debt Service Reserve
Account and transfer any excess therein above the Debt Service Reserve Requirement
for the Series 200SA Bonds first to the Deferred Costs Subaccount of the Series 200S
Acquisition and Construction Account to the extent that there remain any outstanding
and unpaid Deferred Costs, and then to the Series 200SA General Account of the
Series 200S Bond Redemption Fund for the extraordinary mandatory redemption of
Series 200SA Bonds in accordance with Section 3.01(b)(v) of the Supplemental
Indenture.
After payment of all Deferred Costs, in the event that the amount of proceeds of
the Series 200SA Bonds on deposit in the Series 200SA Debt Service Reserve Account
exceeds the Debt Service Reserve Requirement with respect to the Series 200SA
Bonds due to a decrease in the amount of Series 200SA Bonds that will be outstanding
as a result of an optional prepayment by the owner of a lot or parcel of land of a Series
200SA Special Assessment against such lot or parcel as provided in Section 4.0S(a) of
the Supplemental Indenture, the amount to be released shall be transferred from the
Series 200SA Debt Service Reserve Account to the Series 200SA Prepayment Account
of the Series 200S Bond Redemption Fund, as a credit against the Series 200SA
Prepayment Principal otherwise required to be made by the owner of such lot or parcel.
The Indenture further provides that on each December 1S, March 1S, June 1S
and September 1S (or, if such date is not a Business Day, on the Business Day next
preceding such day), the Trustee shall determine the amount on deposit in the Series
2005B Debt Service Reserve Account and transfer any excess therein above the Debt
Service Reserve Requirement for the Series 200SB Bonds resulting from (A) Series
2005B Special Assessment prepayments to be deposited to the Series 200SB
Prepayment Account of the Series 200S Bond Redemption Fund to be used, together
with any Series 200SB Prepayment Principal on deposit in the Series 200SB
Prepayment Account of the Series 200S Bond Redemption Fund, for the extraordinary
mandatory redemption of Series 200SB Bonds in accordance with Section 3.01(b)(i) of
the Supplemental Indenture and (B) any other cause to be deposited to the Series
200SB General Account of the Series 200S Bond Redemption Fund for the
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extraordinary mandatory redemption of Series 200SB Bonds in accordance with Section
3.01 (b)(vii).
In the event that the amount of proceeds of the Series 200SB Bonds on deposit
in the Series 200SB Debt Service Reserve Account exceeds the Debt Service Reserve
Requirement with respect to the Series 200SB Bonds due to a decrease in the amount
of Series 200SB Bonds that will be outstanding as a result of an optional prepayment by
the owner of a lot or parcel of land of a Series 200SB Special Assessment against such
lot or parcel as provided in Section 4.0S(a) of the Supplemental Indenture, the amount
to be released shall be transferred from the Series 200SB Debt Service Reserve
Account to the Series 200S8 Prepayment Account of the Series 200S Bond Redemption
Fund, as a credit against the Series 200SB Prepayment Principal otherwise required to
be made by the owner of such lot or parcel.
It is expected that the Series 200SB Bonds will be redeemed prior to maturity
from Prepayments of Series 200SB Special Assessments. See "SECURITY FOR AND
SOURCES OF PAYMENT OF THE SERIES 200S BONDS-Redemption Provisions"
herein.
Enforcement of Payment of Special Assessments
The lien of the Special Assessments on the lands in the District subject thereto
as a result of the Series 200S Project is of equal dignity with the liens for county taxes
upon land, and thus is a first lien, superior to all other liens, including mortgages (except
for ad valorem taxes and non-ad valorem special assessments that are of equal
dignity). The Issuer may enforce the payment of the Special Assessments securing the
Series 200S Bonds in the manner described herein under the heading
"ENFORCEMENT OF ASSESSMENT COLLECTIONS."
Prepayment of Special Assessments
Pursuant to the terms of Section 170.09, Florida Statutes, the Act, the Indenture
and the proceedings relating to the levy of the Special Assessments adopted by the
Issuer prior to the issuance of the Series 200S Bonds, at any time from the date of levy
of Special Assessments on a parcel of land in the District through the date that is thirty
(30) days after the Series 200S Project has been completed and accepted by the Issuer,
any owner of property subject to the Special Assessments may, at its option, require the
Issuer to release and extinguish the lien upon its property by virtue of the levy of the
Special Assessments that relate to the Series 200S Bonds by paying to the Issuer the
entire amount of the Special Assessments on such property, without interest. This
prepayment right under Section 170.09, Florida Statutes will be waived on behalf of the
Landowners and future landowners in the District (as will the right to prepay the Special
Assessments within thirty (30) days after completion of the balance of the Project). In
addition, at any time any owner of property subject to the Special Assessments may, at
its option, or under the circumstances described in the Assessment Resolutions in
connection with Prepayments derived from application of the "true-up" mechanism
therein, shall, require the Issuer to release and extinguish the lien upon its property by
fTL:1360390:4
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-- . ... "-""""-'~-"'-'.'------r. '..
virtue of the levy of the Special Assessments by paying to the Issuer all or a portion of
the Special Assessments, which shall constitute Series 200SA Prepayment Principal or
Series 200SB Prepayment Principal, as directed by the Issuer pursuant to the
Supplemental Indenture, plus, in the case of Series 200SA Prepayment Principal,
accrued interest to the next succeeding Interest Payment Date (or the second
succeeding Interest Payment Date if such prepayment is made within forty-five (4S)
calendar days before an Interest Payment Date), and in the case of Series 200SB
Prepayment Principal, accrued interest to the next succeeding Quarterly Redemption
Date (or the second succeeding Quarterly Redemption Date if such prepayment is
made within forty-five (4S) calendar days before a Quarterly Redemption Date),
attributable to the property subject to Special Assessments owned by such owner. The
Series 200S Bonds are subject to extraordinary mandatory redemption as indicated
under "DESCRIPTION OF THE SERIES 200S BONDS -- Redemption Provisions __
Extraordinary Mandatory Redemption" from optional prepayments of Special
Assessments by property owners. The prepayment of Special Assessments does not
entitle the owner of the property to a discount for early payment.
Adjustments to Special Assessments
Upon completion of the Series 200S Project, the Special Assessments securing
the Series 200S Bonds will be credited, pro rata, with any excess of the original Special
Assessments over the actual cost of the Series 200S Project funded from proceeds of
the Series 200S Bonds. In making such credit, no credit shall be given for bond
financing costs, capitalized interest, funded reserves or bond discount.
ENFORCEMENT OF ASSESSMENT COLLECTIONS
General
The primary sources of payment for the Series 200S Bonds are the Special
Assessments imposed on certain lands in the District specially benefitted by the Series
200S Project or portions thereof pursuant to the assessment proceedings adopted by
the Issuer (the "Assessment Proceedings"). See "SPECIAL ASSESSMENT
METHODOLOGY" herein and APPENDIX E-Special Assessment Methodology."
The determination, order, levy, and collection of Special Assessments must be
done in compliance with procedural requirements and guidelines provided by State law.
Failure by the Issuer to comply with such requirements could result in delay in the
collection of, or the complete inability to collect Special Assessments, during any year.
Such delays in the collection of Special Assessments, or complete inability to collect
Special Assessments, would have a material adverse effect on the ability of the Issuer
to make full or punctual payment of debt service requirements on the Series 200S
Bonds. See "BONDHOLDER'S RISKS." To the extent that landowners fail to pay the
Special Assessments, delay payments, or are unable to pay the same, the successful
pursuance of collection procedures available to the Issuer is essential to continued
payment of principal of and interest on the Series 200S Bonds. The Act provides for
various methods of collection of delinquent Special Assessments by reference to other
FTl: 1360390:4
18
provisions of the Florida Statutes. The following is a description of certain statutory
provisions of assessment payment and collection procedures appearing in the Florida
Statutes, but is qualified in its entirety by reference to such statutes.
Alternative Uniform Tax Collection Procedure for Special Assessments
The Florida Statutes provide that, subject to certain conditions, non-ad valorem
special assessments may be collected by using the Uniform Method. The Uniform
Method of collection is available only in the event the Issuer complies with statutory and
regulatory requirements and enters into agreements with the Tax Collector and Property
Appraiser providing for the Special Assessments to be levied and then collected in this
manner. The Issuer presently anticipates using the Uniform Method of collection with
respect to only the Series 200SA Special Assessments levied on platted lots. The Issuer
expects that it will not use the Uniform Method of collection for the Series 200SA Special
Assessments levied on unplatted lots and the Series 200SB Special Assessments and
that it will, instead, directly collect the same itself. See "Foreclosure" below. The Issuer's
election to use a certain collection method with respect to either the Series 200SA
Special Assessments or Series 200SB Special Assessments does not preclude it from
electing to use another collection method in the future.
If the Uniform Method of collection is utilized, the Special Assessments will be
collected together with County, municipal and other ad valorem taxes, all of which will
appear on the tax bill (also referred to as a "tax notice") issued to each landowner in the
District. The statutes relating to enforcement of ad valorem taxes provide that ad
valorem taxes become due and payable on November 1 of the year when assessed or
as soon thereafter as the certified tax roll is received by the Tax Collector and constitute
a lien upon the land from January 1 of such year until paid or barred by operation of law.
Such taxes (together with any assessments, including the Special Assessments, if any,
being collected by the Uniform Method) are to be billed, and landowners in the District
are required to pay all such taxes and assessments, without preference in payment of
any particular increment of the tax bill, such as the increment owing for the Special
Assessments. Upon any receipt of moneys by the Tax Collector from the Special
Assessments, such moneys will be delivered to the Issuer, which will remit such Special
Assessments to the Trustee for deposit to the Revenue Fund except that any
prepayments of Special Assessments shall be deposited to the Bond Redemption Fund
created under the Indenture and applied in accordance therewith.
All county, municipal, school and special district ad valorem taxes, non-ad
valorem special assessments and voter-approved ad valorem taxes levied to pay
principal of and interest on bonds, including the Special Assessments, are payable at
one time. If a taxpayer does not make complete payment of the total amount, he or she
cannot designate specific line items on his or her tax bill as deemed paid in full. Such
partial payment is not to be accepted and any partial payment is to be returned to the
taxpayer. Therefore, in the event the Special Assessments are to be collected pursuant
to the Uniform Method, any failure to pay anyone line item, whether it be the Special
Assessments or not, would cause the Special Assessments to not be collected to that
FTL:1360390:4
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-'I
1611
,
.;....~:;l
extent, which could have a significant adverse effect on the ability of the Issuer to make
full or punctual payment of debt service requirements on the Series 200S Bonds.
Under the Uniform Method, if the Special Assessments are paid during
November when due or during the following three months, the taxpayer is granted a
variable discount equal to 4% in November and decreasing one percentage point per
month to 1 % in February. All unpaid taxes and assessments become delinquent on
April 1 of the year following assessment, and the Tax Collector is required to collect the
ad valorem taxes and non-ad valorem special assessments on the tax bill prior to April 1
and after that date to institute statutory procedures upon delinquency to collect such
taxes and assessments through the sale of "tax certificates," as discussed below. Delay
in the mailing of tax notices to taxpayers may result in a delay throughout this process.
Collection of delinquent Special Assessments under the Uniform Method is, in
essence, based upon the sale by the Tax Collector of "tax certificates" and remittance of
the proceeds of such sale to the Issuer for payment of the Special Assessments due. In
the event of a delinquency in the payment of taxes and assessments on real property,
the landowner may, prior to the sale of tax certificates, pay the total amount of
delinquent ad valorem taxes and non-ad valorem assessments plus the applicable
interest charge on the amount of such delinquent taxes and assessments. If the
landowner does not act, the Tax Collector is required to attempt to sell tax certificates
on such property to the person who pays the delinquent taxes and assessments owing
and interest thereon and certain costs, and who accepts the lowest interest rate per
annum to be borne by the certificates (but not more than 18%). Tax certificates are sold
by public bid. If there are no bidders, the tax certificate is issued to the County (being
the county in which the assessed lands are located). The County is to hold, but not pay
for, the tax certificate with respect to the property, bearing interest at the maximum legal
rate of interest (currently 18%). The Tax Collector does not collect any money if tax
certificates are "struck off' (issued) to the County. The County may sell such certificates
to the public at any time at the principal amount thereof plus interest at the rate of not
more than 18% per annum and a fee. Proceeds from the sale of tax certificates are
required to be used to pay taxes and assessments (including the Special Assessments),
interest, costs and charges on the real property described in the certificate. The
demand for such certificates is dependent upon various factors, which include the rate
of interest that can be earned by ownership of such certificates and the underlying value
of the land that is the subject of such certificates and which may be subject to sale at
the demand of the certificate holder. Therefore, the underlying market value of the
property within the District may affect the demand for certificates and the successful
collection of the Special Assessments, which are the primary source of payment of the
Series 200S Bonds.
Any tax certificate in the hands of a person other than the County may be
redeemed and canceled, in whole or in part, by the person owning or claiming an
interest in the underlying land, or a creditor thereof, at any time before a tax deed is
issued or the property is placed on the list of lands available for sale, at a price equal to
the face amount of the certificate or portion thereof together with all interest, costs,
charges and omitted taxes due. Regardless of the interest rate actually borne by the
FTl:1360390:4
20
certificates, persons redeeming tax certificates must pay a minimum interest rate of 5%,
unless the rate borne by the certificates is zero percent. The proceeds of such a
redemption are paid to the Tax Collector who transmits to the holder of the tax
certificate such proceeds less service charges, and the certificate is canceled.
Redemption of tax certificates held by the County is effected by purchase of such
certificates from the County, as described in the preceding paragraph.
Any holder, other than the County, of a tax certificate that has not been
redeemed has seven years from the date of delinquency during which to act against the
land that is the subject of the tax certificate. After an initial period ending two years from
April 1 of the year of issuance of a certificate, during which period actions against the
land are held in abeyance to allow for sales and redemptions of tax certificates, and
before the expiration of seven years from the date of issuance, the holder of a certificate
may apply for a tax deed to the subject land. The applicant is required to pay to the Tax
Collector at the time of application all amounts required to redeem or purchase all
outstanding tax certificates covering the land, plus interest, any omitted taxes or
delinquent taxes and interest, and current taxes, if due. If the County holds a tax
certificate on property valued at $5,000 or more and has not succeeded in selling it, the
County must apply for a tax deed two years after April 1 of the year of issuance. The
County pays costs and fees to the Tax Collector but not any amount to redeem any
other outstanding certificates covering the land. Thereafter, the property is advertised
for public sale.
In any such public sale conducted by the Clerk of the Circuit Court, the private
holder of the tax certificate who is seeking a tax deed for non-homestead property is
deemed to submit a minimum bid equal to the amount required to redeem the tax
certificate, charges for the cost of sale, redemption of other tax certificates on the land,
and the amount paid by such holder in applying for the tax deed, plus interest thereon.
In the case of homestead property, the minimum bid is also deemed to include, in
addition to the amount of money required for the minimum bid on non-homestead
property, an amount equal to one-half of the latest assessed value of the homestead. If
there are no higher bids, the holder receives title to the land, and the amounts paid for
the certificate and in applying for a tax deed are credited toward the purchase price. If
there are other bids, the holder may enter the bidding. The highest bidder is awarded
title to the land. The portion of proceeds of such sale needed to redeem the tax
certificate, and all other amounts paid by such person in applying for a tax deed, are
forwarded to the holder thereof or credited to such holder if such holder is the
successful bidder. Excess proceeds are distributed first to satisfy governmental liens
against the land and then to the former title holder of the property (less service
charges), lienholder of record, mortgagees of record, vendees of recorded contracts for
deeds, and other lienholder and any other person to whom the land was last assessed
on the tax roll for the year in which the land was assessed, all as their interest may
appear.
Except for certain governmental liens and certain restrictive covenants and
restrictions, no right, interest, restriction or other covenant survives the issuance of a tax
FTL:1360390:4
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16 '".. ,."
Ii
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deed. Thus, for example, outstanding mortgages on property subject to a tax deed
would be extinguished.
If there are no bidders at the public sale, the county may at any time within ninety
(90) days from the date of offering for public sale, purchase the land without further
notice or advertising for a statutorily prescribed opening bid. After ninety (90) days have
passed, any person or governmental unit may purchase the land by paying the amount
of the opening bid. Ad valorem taxes and non- ad valorem assessments accruing after
the date of public sale do not require repetition of the bidding process but are added to
the minimum bid. Three years from the date of delinquency, unsold lands escheat to
the county in which they are located and all tax certificates and liens against the
property are canceled and a dee.d is executed vesting title in the governing board of
such county.
Pursuant to the Indenture, if any property is offered for sale for the nonpayment
of any Special Assessments, and no person purchases the same for an amount at least
equal to the full amount due on the Special Assessments, the Issuer may purchase the
property for an amount equal to the balance due on the Special Assessments (principal,
interest, penalties and costs, plus attorneys' fees, if any) from any legally available
funds of the Issuer. The Issuer will thereupon receive title to the subject property for the
benefit of the Owners of the Series 200S Bonds and, either through its own actions or
the actions of the Trustee, shall lease or sell such property and deposit all of the net
proceeds of any such sale or lease into the applicable Accounts and subaccounts
created for the Series 200S Bonds in the Revenue Fund created under the Indenture
and applied in accordance therewith. It should be noted that it is unlikely the Issuer will
ever have sufficient funds to complete any purchases of property offered for sale for the
nonpayment of Special Assessments.
Foreclosure
The Issuer anticipates that it will, itself, directly levy and enforce the collection of
the Series 200SA Special Assessments levied on unplatted lots and of the Series 200SB
Special Assessments pursuant to Chapters 170 and 190, Florida Statutes. Chapter
170.10, Florida Statutes provides that upon the failure of any property owner to pay all
or any part of the principal of a special assessment or the interest thereon, when due,
the governing body of the entity levying the assessment is authorized to commence
legal proceedings for the enforcement of the payment thereof, including commencement
of an action in chancery, commencement of a foreclosure proceeding in the same
manner as the foreclosure of a real estate mortgage, or commencement of an action
under Chapter 173, Florida Statutes, relating to foreclosure of municipal tax and special
assessment liens. Any foreclosure proceedings to enforce payment of the Special
Assessments may proceed under the provisions of Chapter 173, Florida Statutes, which
provides that after the expiration of one year from the date any special assessment or
installment thereof becomes due, the Issuer may commence a foreclosure proceeding
against the lands upon which the assessments are liens. Such a proceeding is in rem,
meaning that it is brought against the land and not against the owner.
FTL:1360390:4
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loll
Tax Levies and Collections
The following table summarizes real property taxes levied and collected for
Collier County, Florida (the "County") for the ten (10) fiscal years ending September 30,
2003.
COLLIER COUNTY, FLORIDA
PROPERTY TAX LEVIES AND TAX COLLECTIONS
LAST TEN FISCAL YEARS
(in thousands)
Percent of
Total
Taxes
Collected
Fiscal Year Taxes Plus
Ended County Tax Collected Discounts Levy Cost
Septem ber Populatio Commissioner Collection Discount Plus to Tax Per
30 n s Tax Levy ~ s Allowed Discounts Levy Person
1994 186,641 $ 69,983 $ 63,833 $2,219 $ 66,052 94.38% $390.61
1995 186,641 71,087 64,772 2,284 67,056 94.33 374.96
1996 197,400 78,816 71,876 2,525 74,401 94.40 380.88
1997 202,903 88,547 80,873 2,871 83,744 94.58 399.27
1998 210,095 94,353 86,060 3,083 89,143 94.48 436.40
1999 219,685 97,419 88,636 3,191 91,827 94.26 449.10
2000 229,821 108,490 98,830 3,597 102,427 94.41 443.45
2001 251,377 122,929 111,976 4,086 116,062 94.41 472.06
2002 264,475 157,744 144,504 5,278 149,782 94.95 489.02
2003 284,918 185,633 169,794 6,229 176,023 94.82 651.53
Ad valorem taxes levied apply only to governmental funds under the control of
County Commissioners.
Property tax levies, based on assessed values as of January 1, become due and
payable on November 1 of each year. A 4% discount is allowed if the taxes are paid
in November, with the discount declining by 1 % each month thereafter. Accordingly,
taxes collected will be 100% of the Tax Levy. Taxes become delinquent on April 1 of
each year and tax certificate for the full amount of any unpaid taxes and
assessments must be sold not later than June 1 of each year.
Property taxes receivable and a corresponding reserve for uncollectible property
taxes are not included in the financial statements as there are no delinquent taxes as
of September 30, 2003.
Sources: Tax Collector Annual Report and Florida Department Research & Economic
Database; Collier County, Florida
Neither the Issuer nor the Underwriter can give any assurance to the Holders of
the Series 200S Bonds: (i) that the past experience of the County with regard to tax
delinquencies as shown above is indicative in any way of future delinquencies in
payment of taxes relating to property in the District or in payment of the Special
Assessments securing the Series 200S Bonds; and (ii) that future landowners and
taxpayers in the Development will pay such Special Assessments.
fTl:1360390:4
23
'4.
Enforcement of the obligation to pay Special Assessments and the ability to
foreclose the lien created by the failure to pay Special Assessments may not be readily
available or may be limited as such enforcement is dependent upon judicial action
which is often subject to discretion and delay.
BONDHOLDERS' RISKS
There are certain risks inherent in an investment in bonds secured by special
non-ad valorem assessments issued by a public authority or governmental body in the
State of Florida. Certain of these risks are described in the preceding section entitled
"ENFORCEMENT OF ASSESSMENT COLLECTIONS." Certain additional risks are
associated with the Series 200S Bonds offered hereby. This section does not purport to
summarize all risks that may be associated with purchasing or owning the Series 200S
Bonds and prospective purchasers are advised to read this Limited Offering
Memorandum in its entirety for a more complete description of investment
considerations relating to the Series 200S Bonds.
1 . Until further development takes place on the benefited land within the
District, payment of a significant portion of the Special Assessments securing the Series
200S Bonds is dependent upon their timely payment by the parties owning the property
in the District subject to the Special Assessments and/or obligated to pay the Special
Assessments. At closing of the sale of the Series 200S Bonds it is expected that the
majority of the land within the District burdened by the Special Assessments will
continue to be owned by the Landowners. In the event of the institution of bankruptcy
or similar proceedings with respect to any of the Landowners or any other subsequent
significant owner of property within the District, or of the Residential Developer, delays
will most likely occur in the payment of the Debt Service Requirements on the Series
200S Bonds as such bankruptcy could negatively impact the ability of: (i) the
Landowners, as applicable, and any other landowner and/or the Residential Developer
being able to pay the Special Assessments; (ii) the Issuer to foreclose the lien on the
Special Assessments if tax certificates are not sold, and (iii) the County to sell tax
certificates in relation to such property (in the case of (ii) and (iii) to the extent that any
portion of the Special Assessments are being collected by the Uniform Method). In
addition, the remedies available to the Beneficial Owners of the Series 200S Bonds
upon an Event of Default under the Indenture are in many respects dependent upon
judicial actions which are often subject to discretion and delay. Under existing
constitutional and statutory law and judicial decisions, during a bankruptcy of any of the
Landowners and/or the Residential Developer, the remedies specified by federal, state
and local law and in the Indenture and the Series 200S Bonds, including, without,
enforcement of the obligation to pay the Special Assessments may not be readily
available or may be limited. The various legal opinions to be delivered concurrently with
the delivery of the Series 200S Bonds (including Bond Counsel's approving opinion) will
be qualified as to the enforceability of the various legal instruments by limitations
imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the
rights of creditors enacted before or after such delivery. The inability, either partially or
FTL: 1360390:4
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161
fully, to enforce remedies available respecting the Series 200S Bonds could have a
material adverse impact on the interest of the Beneficial Owners thereof.
2. The principal security for the payment of the principal of and interest on
the Series 200S Bonds is the timely collection of the Special Assessments. The Special
Assessments do not constitute a personal indebtedness of the owners of the land
subject thereto, but are secured only by a lien on such land. There is no assurance that
the Landowners, the Residential Developer or any subsequent owners of this land will
be able to pay the Special Assessments or that they will pay such Special Assessments
even though financially able to do so. Beyond legal delays that could result from
bankruptcy, the ability of the County to sell tax certificates, to the extent the Special
Assessments are collected by the Uniform Method, will be dependent upon various
factors, including the interest rate which can be earned by ownership of such certificates
and the value of the land which is the subject of such certificates and which may be
subject to sale at the demand of the certificate holder after two years. The
determination of the benefits to be received by the land within the District as a result of
implementation and development of the Series 200S Project is not indicative of the
realizable or market value of the land, which value may actually be higher or lower than
the assessment of benefits. In other words, the value of the land could potentially be
ultimately less than the Special Assessments levied thereon. To the extent that the
realizable or market value of the land is lower than the assessment of benefits, the
ability of the County to sell tax certificates relating to such land may be adversely
affected. Such adverse effect could render the Issuer unable to collect delinquent
Special Assessments, if any, and could negatively impact the ability of the Issuer to
make the full or punctual payment of the Debt Service Requirements on the Series
200S Bonds. The payment of the annual Special Assessments and the ability of the
Tax Collector to sell tax certificates or the Issuer to foreclose the lien of the unpaid
taxes, including the Special Assessments, may be limited by bankruptcy, insolvency, or
other laws generally affecting creditors' rights or by the laws of the State relating to court
foreclosure. Bankruptcy of a property owner will most likely also result in a delay by the
Tax Collector or the Issuer in prosecuting court foreclosure proceedings. Such delay
would increase the likelihood of a delay or default in payment of and interest on the
Series 200S Bonds.
3. The proposed Development may be affected by changes in general
economic conditions, fluctuations in the real estate market and other factors beyond the
control of the Landowners and the Residential Developer. In addition, the proposed
Development is subject to comprehensive federal, state, and local regulations and
future changes to such regulations. Approval is required from various public agencies
in connection with, among other things, the design, nature and extent of required public
improvements, both public and private, and construction of the Series 200S Project in
accordance with applicable zoning, land use and environmental regulations for the
Development. Although no delays are anticipated, failure to obtain any such approvals
in a timely manner could delay or adversely affect the Development, which may
negatively impact the Landowners' and Residential Developer's desire or ability to
develop the Development as contemplated. See the Consulting Engineers Report
attached hereto for a discussion of permits and approvals that have been received and
FTL:13&0390:4
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;--;
those that are pending. [In addition, during the period commencing six years from
its date of issuance, the United States Army Corps of Engineers ("Corps") permit
issued for the Development is subject to appeal on the basis that the Corps acted
in an arbitrary and capricious manner in issuing the permit. The Developer's
engineers have indicated that no party raised an objection or challenged the
issuance of the permit during the pendency of the permit process.] [Note: This
assumes Corps permit has been issued at the time of printing]
4. The willingness and/or ability of an owner of land within the District and
the Residential Developer to pay the Special Assessments could be affected by the
existence of other taxes and assessments imposed upon the land by the District or by
the County, or by other public entities, which may be affected by the value of the land
subjected to such taxation and assessment. Under the Uniform Method, County,
municipal, school, special district taxe's and assessments, and voter-approved ad
valorem taxes levied to pay principal of and interest on bonds, including the Special
Assessments if collected pursuant to the Uniform Method, are payable at one time. As
referenced above, if a taxpayer does not make complete payment, he or she cannot
designate specific line items on the tax bill as deemed paid in full. In such case, the Tax
Collector does not accept such partial payment. Therefore, any failure to pay anyone
line item, whether or not it be the Special Assessments, would cause the Special
Assessments not to be collected to that extent, which could have a significant adverse
impact on the Issuer's ability to make full or punctual payment of the Debt Service
Requirements on the Series 200S Bonds. Public entities whose boundaries overlap
those of the District, such as the County and the County school district, could, without
the consent of the owners of the land within the District, impose additional taxes or
assessments on the property within the District. The Issuer has no control over the
amount of taxes or assessments levied by governmental entities other than the Issuer.
The lien of the Special Assessments is, however, of equal dignity with the liens for State
and County and certain taxes upon land. As referenced herein, the Issuer may also
impose additional assessments which could encumber the property burdened by the
Special Assessments.
S. There is no assurance that a liquid secondary market will exist for the
Series 200S Bonds in the event a Beneficial Owner thereof determines to solicit
purchasers of the Series 200S Bonds. Even if a liquid secondary market exists, as with
any marketable securities, there can be no assurance as to the price for which the
Series 200S Bonds may be sold. Such price may be lower than that paid by the current
Beneficial Owner of the Series 200S Bonds, depending on the progress of the
Development, existing real estate and financial market conditions and other factors.
6. The Issuer may issue bonds pursuant to the Master Indenture or
instruments other than under the Master Indenture for purposes permitted by the Act
which are secured by non-ad valorem special assessments levied on the lands in the
District subject to the Special Assessments. In addition, the Issuer currently anticipates
issuing additional Bonds pursuant to the Master Indenture to finance the portion of the
Project not included in the Series 200S Project, which will be secured by non-ad
valorem assessments levied on residential lots in the District that have not been sold by
FTL:1360390:4
26
l~< 1'1
the Residential Developer, which lots may still be subject to the Special Assessments
securing the Series 200S Bonds. See "SECURITY FOR AND SOURCES OF PAYMENT
OF THE SERIES 200S BONDS-'Additional Bonds' and 'Additional Assessments.'
There is no assurance that the Issuer will be able to issue additional Bonds to finance
the Cost of the acquisition and constriction of this portion of the Project. Pursuant to the
Completion Agreement, the Residential Developer and Golf Course Landowner have
agreed to complete and convey to the Issuer the applicable portions of the Project each
is responsible for developing, regardless of whether the proceeds of the Series 200S
Bonds or another Series of Bonds are sufficient to pay for the Cost of the Project or
whether the Issuer issues additional Bonds to finance the same. However, there is no
assurance that the Residential Developer or Golf Course Landowner, as applicable, will
be able to pay for the cost of these improvements. It is unlikely that the Issuer will have
sufficient funds to complete the Project in the event the Residential Developer and Golf
Course Landowner do not fulfill their respective obligations under the Completion
Agreement and proceeds of the Series 200S Bonds or a series of additional Bonds, if
any, issued by the Issuer in the future are insufficient for that purpose.
7. The cost of the infrastructure improvements not included in the Project will
be paid for by operating funds of, or through the proceeds of financing arranged by, the
Residential Developer, the Golf Course Landowner and the Commercial Landowner.
The cost of parcel specific infrastructure improvements needed to serve the homes in
the Development will be paid for by the Residential Developer and/or builders that
purchase lots from the Residential Developer. The Residential Developer, the Golf
Course Landowner and the Commercial Landowner are responsible for the cost of
developing the Lifestyle Center, golf course and golf clubhouse, and Commercial
Parcel, respectively. The Lifestyle Center and golf course and the golf are integral
components of the Development. See "THE DEVELOPMENT" herein. There is no
assurance that these parties will be able to pay, or arrange to pay, for the cost of any of
these improvements. In addition, water and sewer utility service to the lands within the
District is provided by the County. The Issuer does not control the County and the
County will determine the manner in which it will provide service to the land within the
District. The County has indicated that water and sewer service is available to the
Development, however, the County does not guarantee the Development priority
access to such service over any other developments in the County, and no guaranty is
made that other developments throughout the County will not have an impact on the
quantity of potable water and sewage treatment and disposal capacity available to the
Development until a formal commitment for service is made by the County. [Describe
when this commitment occurs.]
8. As set forth herein, the structure of payment for the Series 200SB Bonds is
interest only with principal payable at maturity (a "balloon"). To the extent that property
subject to the Special Assessments has not been sold to third parties who have either
assumed or paid the Special Assessments prior to the final payment date thereof, and
in the event that such Special Assessments were not refinanced, the landowner of such
property would be subject to a significant one-time balloon payment. No assurance can
be given that the landowner of such property will be sufficiently liquid in order to make
such a balloon payment when due.
FTL:1360390:4
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.1. \,.,.
9. It should be noted that several mortgage lenders have, in the past, raised
legal challenges to the primacy of the liens similar to those of the Special Assessments
in relation to the liens of mortgages burdening the same real property; to the best
knowledge of the Issuer (without investigation), in all such cases to date, the applicable
courts have held that the assessment liens (like those of the Special Assessments) are
superior to those of the commercial mortgage lenders. All mortgagees holding liens on
the land in the District will execute, as a condition to closing of the Series 200S Bonds,
documents acknowledging the superiority of the Special Assessments to their mortgage
liens.
10. The interest rate borne by the Series 200S Bonds is, in general, higher
than interest rates borne by other bonds of political subdivisions that do not involve the
same degree of risk as investment in the Series 200S Bonds. These higher interest
rates are intended to compensate investors in the Series 200S Bonds for the risk
inherent in a purchase of the Series 200S Bonds. However, such higher interest rates,
in and of themselves, increase the amount of Special Assessments that the Issuer must
levy in order to provide for payments of debt service on the Series 200S Bonds, and, in
turn, may increase the burden upon owners of lands within the District.
11 . The value of the land within the District, the success of the Development
and the likelihood of timely payment of principal and interest on the Series 200S Bonds
could be affected by environmental factors with respect to the land in the District.
Should the land be contaminated by hazardous materials, this could materially and
adversely affect the value of the land in the District, which could materially and
adversely affect the success of the Development and the likelihood of timely payment of
the Series 200S Bonds. The Issuer has not performed, nor has the Issuer requested
that there be performed on its behalf, any independent assessment of the
environmental conditions within the District.
12. Various proposals are mentioned from time to time by members of the
Congress of the United States of America and others concerning reform of the internal
revenue (tax) laws of the United States. Certain of these proposals, if implemented,
could have the effect of diminishing the value of obligations of states and their political
subdivisions, such as the Series 200S Bonds, by eliminating or changing the tax-exempt
status of interest on certain of such bonds. Whether any of such proposals will
ultimately become law, and if so, what effect such proposals could have upon the value
of bonds such as the Series 200S Bonds, cannot be predicted. The Indenture does not
provide for any adjustment to the interest rates borne by the Series 200S Bonds in the
event of a change in the tax-exempt status of the Series 200S Bonds.
13. The Issuer is required to comply with statutory procedures in levying the
Special Assessments. Failure of the Issuer to follow these procedures could result in
the Special Assessments not being levied or potential future challenges to such levy.
Counsel to the Issuer will, however, render a legal opinion at the closing of the Series
200S Bonds as to the levy process and the enforceability of the Special Assessments.
FTl: 1360390:4
28
1611
See "SECURITY FOR AND SOURCE OF PAYMENT FOR THE SERIES 200S BONDS"
herein
This section does not purport to summarize all risks that may be associated with
purchasing or owning the Series 200S Bonds and prospective purchasers are advised
to read this Limited Offering Memorandum in its entirety for a more complete description
of investment considerations relating to the Series 200S Bonds.
ESTIMATED SOURCES AND USES OF PROCEEDS OF SERIES 2005 BONDS
Sources of Funds
Principal Amount of Series 200S Bonds
Less: Original Issue Discount
Accrued Interest
$
(
)
Total Sources
$
Use of Funds
Deposit to Series 200S Acquisition and Construction Account$
Deposit to Series 200S Interest Account 1
Deposit to Series 200S Capitalized Interest Accoune
Deposit to Series 200SA Debt Service Reserve Account
Deposit to Series 200SB Debt Service Reserve Account
Costs of Issuance (including Underwriter's Discount)
Total Uses
$
1
2
Represents accrued interest.
Represents capitalized interest on the Series 2005 Bonds through November 1, 2006.
DEBT SERVICE REQUIREMENTS ON THE SERIES 2005A BONDS
Date
Principal
Interest*
Period Total
$
$
$
$
$
$
Inclusive of capitalized interest through November 1, 2006 and accrued interest.
*
FTL:1360390:4
29
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<~
DEBT SERVICE REQUIREMENTS ON THE SERIES 2005B BONDS
Date
Principal
Interest*
Period Total
$
$
$
$
$
$
*
Inclusive of capitalized interest through November 1, 2006 and accrued interest.
COMBINED DEBT SERVICE REQUIREMENTS
Date
Principal
Interest*
Period Total
$
$
$
$
$
$
*
Inclusive of capitalized interest through November 1, 2006 and accrued interest.
THE ISSUER AND THE DISTRICT
The District encompasses approximately 978.58 acres, of which approximately
_ acres are developable. The District is located entirely within the unincorporated
jurisdictional boundaries of the County.
Legal Powers and Authority
The Issuer is an independent unit of special single-purpose local government of
the State of Florida created and established in accordance with the Uniform Community
Development District Act of 1980, Chapter 190, Florida Statutes (the "Act"), as
amended, by an ordinance of the County effective June 15,2004. The Act was enacted
FTl:1360390:4
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Lbll
in 1980 to provide a uniform method for the establishment, operation and termination of
independent districts to manage and finance basic community development systems,
facilities and services, including capital infrastructure required for community
developments throughout the State of Florida. The charter of the Issuer, included in the
Act, provides legal authority for community development districts (such as the Issuer) to
finance the acquisition, construction, operation, and maintenance of the major
infrastructure for community development.
The Act provides that community development districts have the power to issue
general obligation, revenue and special assessment bonds in any combination to pay all
or part of the cost of infrastructure improvements authorized under the Act. The Act
further provides that community development districts have the power to levy and
assess ad valorem taxes on all taxable real property in the District, and to levy non-ad
valorem special assessments on specially benefitted lands, within their boundaries to
pay the principal of and interest on bonds issued and to provide for any sinking or other
funds established in connection with any such bond issues.
Among other provisions, the Act gives the Issuer's Board of Supervisors the right:
(i) to hold, control, and acquire by donation, purchase, condemnation, or dispose of, any
public easements, dedications to public use, platted reservations for public purposes, or
any reservations for those purposes authorized by the Act and to make use of such
easements, dedications, or reservations for any of the purposes authorized by the Act;
(ii) to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate and maintain systems and facilities for various basic infrastructures; (Hi)
to borrow money and issue bonds of the District; and (iv) to exercise all other powers
necessary, convenient, incidental, or proper in connection with any of the powers or
duties of the District stated in the Act.
The Act does not empower the Issuer to adopt and enforce land use plans or
zoning ordinances, and the Act does not empower the Issuer to grant building permits;
these functions are performed by the County acting through its governing body and
departments of government.
The Act exempts all property of the Issuer from levy and sale by virtue of an
execution and from judgment liens, but does not limit the right of any owner of bonds of
the Issuer to pursue any remedy for enforcement of any lien or pledge of the Issuer in
connection with such bonds, including the Series 2005 Bonds.
The Issuer currently anticipates that it will own and operate certain components
of the Series 2005 Project, as described in the Consulting Engineer's Report attached
as Appendix A.
Board of Supervisors
The Act provides for a five-member Board of Supervisors (the "Board") to serve
as the governing body of the Issuer. Members of the Board ("Supervisors") must be
residents of the State of Florida and citizens of the United States. Initially, the
FTl:1360390:4
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I -.-.->
it.
Supervisors are elected on an at-large basis by the owners of the property within the
District. Ownership of land within the District entitles the owner to one vote per acre
(with fractions thereof rounded upward to the nearest whole number). A Supervisor
serves until expiration of his or her term and until his or her successor is chosen and
qualified. If, during a term of office, a vacancy occurs, the remaining Supervisors may
fill the vacancy by an appointment of an interim Supervisor for the remainder of the
unexpired term.
The landowners in the District elect two Supervisors to four-year terms and three
Supervisors to a two-year term at bi-annual elections. Six years after the initial
appointment of Supervisors and after the District attains at least 250 qualified electors,
Supervisors whose terms are expiring will begin to be elected (as their terms expire) by
qualified electors of the District. A qualified elector is a registered voter who is at least
eighteen years of age, a resident of the District and the State and a citizen of the United
States. At the election where Supervisors are first elected by qualified electors, two
Supervisors must be qualified electors and be elected by qualified electors, one to a
four-year term and one to a two-year term. The other Supervisor will be elected by
landowners for a four-year term. Thereafter, as terms expire, all supervisors must be
qualified electors and be elected by qualified electors to serve staggered terms.
Notwithstanding the foregoing, if at any time the Board proposes to exercise its
ad valorem taxing power, prior to the exercise of such power, it shall call an election at
which all Supervisors shall be elected by, and be themselves, qualified electors in the
District. Elections subsequent to such decision shall be held in a manner such that the
Supervisors will serve four-year terms with staggered expiration dates in the manner set
forth in the Act.
The Act provides that it shall not be an impermissible conflict of interest under
Florida law governing public officials for a Supervisor to be a stockholder, officer or
employee of a landowner. The current members of the Board and the term of each
member are set forth below:
Name Title Elected Term
Expires
Howard Taylor Chairman 07/2004 11/2008
Vacant
Matthew Rocco Assistant Secretary 07/2004 11/2006
Esther Van Lare Assistant Secretary 07/2004 11/2006
Paul San Filippo Assistant Secretary 07/2004 11/2006
A majority of the Supervisors constitutes a quorum for the purposes of
conducting the business of the Issuer and exercising its powers and for all other
purposes. Action taken by the Issuer shall be upon a vote of the majority of the
Supervisors present unless general law or a rule of the Issuer requires a greater
number. All meetings of the Board are open to the public under Florida's "sunshine" or
open meetings law.
FTL:1360390:4
32
1611
The District Manager and Other Consultants
The Act authorizes the Board to hire a District Manager as the chief
administrative official of the Issuer. The Act provides that the District Manager shall
have charge and supervision of the works of the Issuer and shall be responsible for: (i)
preserving and maintaining any improvement or facility constructed or erected pursuant
to the provision of the Act; (ii) maintaining and operating the equipment owned by the
Issuer; and (iii) performing such other duties as may be prescribed by the Board.
The Issuer has retained Severn Trent Services, Inc., to serve as District
Manager. Severn Trent Services, Inc. is actively involved in the management of more
than 100 special districts throughout the State of Florida, including community
development districts, that have collectively issued in excess of $1 billion of bonds in
more than 70 separate financings. The District Manager's office is located at 210 North
University Drive, Suite 702, Coral Springs, Florida 33071, telephone number 954-753-
5841.
The Act further authorizes the Board to hire such employees and agents as it
deems necessary. Thus, Hopping Green & Sams, P.A., Tallahassee, Florida, is serving
as Counsel to the Issuer; Johnson Engineering Inc., Naples, Florida is serving as
Consulting Engineer to the Issuer; Greenberg Traurig, P.A., Miami, Florida is serving as
Bond Counsel, and Severn Trent Services, Inc., has been retained to prepare the
Methodology for the Issuer.
THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER
As noted earlier, the land in the Development is owned, collectively, by the
Residential Landowner (VK Holdings Treviso Bay, LLC, a Florida limited liability
company), the Commercial Landowner (VK Holdings Treviso Bay Commercial, LLC, a
Florida limited liability company) and the Golf Course Landowner (VK Holdings Treviso
Bay Golf Course, LLC, a Florida limited liability company), which entities are referred to
collectively as the "Landowners." See "THE DEVELOPMENT ---Development and
Financing." VK Member Holdings, LLC, a Florida limited liability company, is the sole
member of the Landowners (the "Sole Member"). Vincent Kuttemperoor, Sanjay
Kuttemperoor Endowment Trust and Ajay Kuttemperoor Endowment Trust are the three
members of the Sole Member.
The Residential Developer (Treviso Bay Development, LLC, a Delaware limited
liability company) entered into a ground lease and purchase option (the "Master Ground
Lease") with the Residential Landowner on June 21,2004, which affords the Residential
Developer the option to purchase any and all parcels and tracts comprising the
residential property, together with all improvements developed or constructed thereon.
The Residential Developer is 50% owned by VK Treviso Bay, LLC (which is wholly
owned by VKD, as defined below) and 50% owned by Mountain Ventures Treviso Bay,
LLC. Pursuant to the Master Ground Lease, the Residential Developer is responsible for
paying the Special Assessments levied on the residential land subject to the Master
Ground Lease until such land is sold to builders or homeowners. The Residential
FTL:1360390:4
33
Developer is also responsible for providing the infrastructure necessary to develop the
residential land in the Development and the Lifestyle Center.
Each of the Landowners and the Residential Developer is affiliated with V. K.
Development Corporation ("VKD"), a Wisconsin corporation authorized to do business
in the State. VKD and its affiliated companies are owned, directly or indirectly, by the
Kuttemperoor family and were founded in 1978 by Vincent Kuttemperoor. The family-
owned group of companies are controlled by a board of directors consisting of solely of
Vincent Kuttemperoor. The officers of VKD are Vincent Kuttemperoor, President and
Chief Executive Officer; Geeta Kuttemperoor, Senior Vice President; Sanjay
Kuttemperoor, Esq., Executive Vice President; and Ajay Kuttemperoor, Esq., Vice
President. Vincent Kuttemperoor is the sole shareholder of VKD.
Mr. Kuttemperoor, a former professor of mathematics, physics, and nuclear
engineering, originally began developing residential subdivisions and custom homes in
1978 out of frustration with the lack of high quality homes available in Brookfield,
Wisconsin. VKD is recognized in Brookfield for constructing some of the most luxurious
and exclusive homes and subdivisions. VKD later broadened its scope of business to
include commercial and mixed use real estate development. As a full-service
organization, VKD has responsibility for the overall development process with its own in-
house development, construction, design, engineering, legal and real estate brokerage
professionals. VKD entered the Southwest Florida market in early 2002.
Over the past twenty years Mr. Kuttemperoor's commitment to quality and
superior workmanship and his continuing aspiration to improve each community of
which VKD is a part have earned various awards and accolades including the
Waukesha County Economic Development Corporation Certificate of Appreciation, the
1997 Brookfield Economic Development Committee's Featured Business Award, and a
Certificate of Recognition presented by the Wisconsin Housing and Economic
Development Authority.
The table below illustrates the mixed-use community, single-family, multi-family
and commercial development experience of VKD directly or through its affiliates.
[This Space Intentionally Left Blank]
FTl:1360390:4
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Mixed-Use Communities
Prairie Ridge
Port Vincent
Residential
Subdivisions (Completed)
Berkshire Hills
Carrington Heights
Bartlett Manor
Wynfield Estates
Stanford Place
Princeton Estates
Vincent Park
Prairie Ridge Estates
Princeton Heights
Subdivision (Current)
Chadwick Greens
Meadowdale Estates
The Haven
Luxury Apartments
Willow Brook Greens
Condominiums
Willow Brook Gardens
Capitol Heights
Prairie Ridge
Senior Lifestvles
Willow Brook Court
Prairie Ridge Senior
Campus
Foxbrook Senior Apartments
Capitol Hill
Commercial
Office Properties
Vincent Park Business
Center
Capitol Heights
Executive Center IV
405 N. Calhoun Road
Retail
Prairie Ridge Marketplace
FTL:1360390:4
Location
Pleasant Prairie,
WI
Port Washington,
WI
Brookfield, WI
Brookfield, WI
Brookfield, WI
Brookfield, WI
Brookfield, WI
Franklin, WI
Brookfield, WI
Pleasant Prairie,
WI
Franklin, WI
Brookfield, WI
Pleasant Prairie,
WI
Brookfield, WI
Brookfield, WI
Brookfield, WI
Brookfield, WI
Pleasant Prairie,
WI
Brookfield, WI
Pleasant Prairie,
WI
Brookfield, WI
Brookfield, WI
1 i~, , 1
Planned Units
216 single-family
100+ acres commercial
Proposed Office Buildings
Hospital Campus - 450 beds
Senior Apartments - 500 units
Nursing Home - 118 beds
Assisted Living Facility - 56 beds
Hawthorn Suites Hotel - 81 rooms
Retail center with anchor tenant
1000+ single-family and multi-
family
Condominiums
Retail and Commercial Space
Office Buildings
Light Industrial Space
Hotel/Resort
Senior Community
Year Developed
Commenced in
1996
Planning
96 single-family
83 single-family
113 single-family
55 single-family
43 single-family
53 single-family
43 single-family
218 single-family
1985
1986
1987
1988
1993
1994
1997
1998
70 single-family
2003
90 single-family
114 single-family
1990
2001
21 single-family
2003
140 units
1995
70 units
20 units
98 units
1996
2005
2005
120 units
521 units (120 complete)
1994
2000
71 units
70 units
2002
2004
Brookfield, WI 135,000 sq. ft. 1998
Brookfield, WI 34,100 sq. ft. Under
Development
Brookfield, WI 87,755 sq. ft. Investment
Brookfield, WI 20,000 sq. ft. Investment
Pleasant Prairie, 31,515 sq. ft. 1999
WI
35
----.,q,-.-. 'I
Capitol Heights
Brookfield, WI
35,500 sq. ft.
Under
Development
Hosoitalitv
Hawthorn Suites
Hilton lake Placid Resort
AmeriSuites Hotel
Pleasant Prairie,
WI
lake Placid, NY
Schaumburg, IL
81 rooms
1999
179 rooms
128 rooms
Investment
Investment
Vincent Kuttemperoor
Born in Kerala, India, Vincent Kuttemperoor graduated with honors from the
University of Kerala, and was awarded a teaching scholarship to earn his master's
degree in physics at the University of Detroit. Attending various universities throughout
the United States, Mr. Kuttemperoor worked on his doctorate degree in biomedical
engineering, and was a Ph. D. candidate at Marquette University. In 1968, he began his
professorship at the Milwaukee School of Engineering where he was a professor of
physics, mathematics and nuclear engineering. During his tenure, he co-authored a
book on nuclear medicine and published a number of technical articles, and on two
occasions, represented the United States at international meetings to educate various
nations' top scientists on the benefits of nuclear technology in the field of pollution
analysis.
Mr. Kuttemperoor left his professorship in the late 1970's to become a full-time
homebuilder and land developer, and today is the President and C.E.O., and the driving
force behind VKD, the leading developer of the most luxurious and exclusive homes,
subdivisions, office parks, and mixed-use developments in Southeastern Wisconsin. Mr.
Kuttemperoor's sons, Sanjay and Ajay, joined VKD in 1995 and 1997, respectively, and
share their father's philosophy of excellence in development. The small decision-making
body at VKD allow it to achieve results in an efficient and timely manner.
Saniay Kuttemperoor
Sanjay Kuttemperoor is the Executive Vice President of VKD. Mr. Kuttemperoor
graduated from DePaul University College of Law in 1995, earned a Master's Degree in
Business Administration from the University of Wisconsin-Madison in 1992 and a
Bachelor of Science Degree from the University of Wisconsin-Madison in 1990. Mr.
Kuttemperoor is involved in all aspects of the day-to-day business activities of VKD,
including evaluating, structuring and negotiating new development and investment
opportunities and supervising all employees and business operations. Mr. Sanjay
Kuttemperoor is actively involved in supervising the development of the Development.
Chris GraY-Proiect ManaQer
Chris Gray is responsible for all development construction activity for the
Development. Mr. Gray brings fifteen years of experience in golf course and large-scale
development to the Development. Mr. Gray spent the last ten years in charge of golf
course design and construction for the PGA Tour, a period of significant growth of the
TPC network of golf courses.
FTl: 1360390:4
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16/1
Cheryl DeerinQ-Director of Sales and MarketinQ
Cheryl Deering brings significant experience to the position of Director of Sales
and Marketing for the Development. Most recently, as Director of Sales for The Bonita
Bay Group, she spearheaded the most successful community launch in that company's
history with the introduction of Mediterra in 2000. In addition, she orchestrated the
launch of Twin Eagles, another successful Bonita Bay Group community. Prior to her
contribution to the Bonita Bay Group, Mr. Deering directed sales for Lely Resort and
worked in development and sales for Grand Isle, Coco Bay and Grand Bay, all in
Naples, Florida.
THE DEVELOPMENT
General
The Development (also referred to as "Treviso Bay") is an approximately 1 ,044-
acre master planned luxury residential golf course community located approximately
three (3) miles southeast of the City of Naples (the "City") within the unincorporated
boundaries of the County. Approximately 978.58 acres of Treviso Bay will be located in
the District. The portion of the Development outside the boundaries of the District is
expected to consist of conservation/preserve areas. The Development is expected to
include residential uses, the Lifestyle Center, a golf course and golf clubhouse and
commercial uses. The main entrance to the Development is located on the west side of
U.S. 41 (Tamiami Trail), approximately one and one-quarter (1 %) miles south of County
Road 864 (Rattlesnake Hammock Road) and approximately two (2) miles northwest of
the intersection of U.S. 41 and County Road 951 (Collier Boulevard). Less than a mile
south on U.S. 41 is a second entrance to the Development via Southwest Boulevard.
This corridor along U.S. 41 is referred to as South Naples and the Development is one
of the last large development sites left in the Naples/Collier County area west of
Interstate 75.
At full build-out, the Development is planned to include 1,200 residential units
consisting of mid-rise condominiums, coach homes, attached and detached villas, and
single-family and estate lots. See "THE DEVELOPMENT-Residential Development
Plan" below. Treviso Bay is also expected to feature an 85,000 square foot retail center
along U.S. 41, located adjacent to the main entry and gatehouse on the commercial
acres being developed by the Commercial Landowner. In addition, the Golf Course
Landowner and the PGA Tour plan to develop a new private membership Tournament
Players. Club facility featuring an Arthur Hills Signature Golf Course. See "THE
DEVELOPMENT-Golf Course and Clubhouse" below. The Development is also
planned to include an approximate 30,000 square foot "Lifestyle Center." The Lifestyle
Center will feature a resort pool, tennis courts and a fitness center, among other
amenities. See "THE DEVELOPMENT-Lifestyle Center" below. Membership to an
off-site marina owned by an entity affiliated with the Landowners and the Residential
Developer may also be available to residents of the Development. See "THE
DEVELOPMENT-Marina" below.
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1.1 I
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.)L
Treviso Bay is well located, with access to major thoroughfares, shopping,
restaurants, recreation areas and health facilities. The Development is situated
approximately eight (8) miles southwest of Interstate-75. Interstate-75 and U.S. 41
provide direct access to Fort Lauderdale and Miami, respectively (approximately 90
minutes). Interstate-75 also provides access to Fort Myers, Sarasota, Tampa and
northern Florida. The Southwest Florida International Airport is located approximately
forty (40) minutes north via Interstate-75, and the Miami International Airport is located
approximately one (1) hour and forty-five (45) minutes east via Interstate-75. The
Naples Municipal Airport is approximately five (5) miles northwest of the Development
and offers commuter and direct flights, private charters and regularly scheduled flights
to Miami, the Florida Keys, St. Petersburg-Clearwater International and Sanford-
Orlando International.
The Development is located approximately four (4) miles southeast of the main
shopping, recreation destinations and landmarks of the City, such as the popular Fifth
Avenue and Third Street restaurant and retail venues located within the upscale
shopping and entertainment district of Downtown Naples. U.S. 41 has been six-Ianed
between Collier Boulevard and Fifth Avenue in the Downtown Naples and, as a result,
the downtown district can be accessed in a ten (10) minute drive from the Development.
Marco Island, which is located approximately eight (8) miles south, also offers an
upscale waterfront shopping and entertainment district.
Along U.S. 41, there are a variety of strip commercial centers. Located just two
(2) miles south of the Development is a large Winn Dixie superstore that was developed
at the southwest corner of U.S. 41 and Collier Boulevard (East Creek Plaza), and a
large Publix/K-Mart shopping center complex that was developed at the northwest
corner of U.S. 41 and Collier Boulevard (Freedom Square). The Shops at Hammock
Cove, anchored by a new Publix grocery store, Eckerds and several local tenants is the
newest commercial development located just one (1) mile north of the Development at
the intersection of U.S. 41 and Rattlesnake Hammock Road. Naples Lakes Shopping
Center, anchored by a Publix grocery store, is an additional new shopping center
located approximately four (4) miles northeast of the Development at the northwest
corner of Rattlesnake Road and Collier Boulevard. Located three (3) miles southeast of
the Development on Collier Boulevard is the Coral Isle Factory Shoppes, which is a
factory outlet mall.
Medical facilities are also within a short distance from the Development in
downtown Naples, approximately ten (10) minutes to the west. Cleveland Clinic Florida
Naples is a fully integrated medical campus that includes a modern Clinic housing
physicians representing more than 20 different specialties plus a state-of-the-art surgery
center, fully-equipped diagnostic center, and a new, 70-bed hospital in a single location.
. HMA is also building a new hospital in the County, home of HMA's corporate
headquarters. The new, 100-bed Collier Regional Medical Center was approved by the
County in May, 2004 and is proposed for development along the east side of Collier
Boulevard, approximately five (5) miles northeast of the Development.
FTL:1360390:4
38
'10' 1
Development Entitlements
The Development is zoned as a Planned Unit Development (PUD) in accordance
with the plans approved by the County (County Ordinance No. 03-51). The PUD allows
for 1,200 residential units, an 18-hole golf course with related amenities, and a 10-acre
commercial tract approved for up to 85,000 square feet. A variety of stipulations were
attached to the PUD approval, including off-site street improvements, impact fee
assessments, road improvements for Southwest Boulevard and U.S. 41, and buffering
standards. The conditions and stipulations are detailed in the PUD. A portion of the cost
of completing these improvements and/or mitigating the stipulated conditions has been
included in the costs of the Project.
District Infrastructure and Finance Plan
Reference is made to "APPENDIX A -- The Consulting Engineer's Report" for a
detailed description of the Project, which is comprised of the public infrastructure
needed to serve the Development, and includes the Series 2005 Project. Reference is
also made to Appendix A for a more detailed description of the permitting status of the
Project and the entities that will own, operate and maintain the Project, as well as to
"BONDHOLDER'S RISKS - Item No. 3 herein. The Issuer is expected to fund the
acquisition and construction of the Project with proceeds of Bonds issued from time to
time. The Consulting Engineers have estimated the total cost of the Project at
approximately [$54.8] million. The total cost of the Series 2005 Project is estimated to
be approximately [$34.87] million. Construction of the Series 2005 Project is expected
to commence in June, 2005 and is expected to be complete by December, 2006. The
balance of the Project, a significant portion of which is subdivision-specific
infrastructure, is expected to be completed as development of the Development
proceeds.
Pursuant to a written acquisition agreement between the Issuer, the Residential
Developer and the Golf Course Landowner (the "Acquisition Agreement") the
Residential Developer and Golf Course Landowner will agree to construct the portions
of the Series 2005 Project each is responsible for developing and to convey the same to
the Issuer and the Issuer will agree to acquire completed components of the Series
2005 Project from time to time with proceeds of the Series 2005 Bonds. At the delivery
of the Series 2005 Bonds, a portion of the Series 2005 Project is expected to be
acquired by the Issuer at an approximate cost of $
The Issuer anticipates that it will issue additional Bonds pursuant to the Indenture
in one or more Series to finance the acquisition and construction of the portion of the
Project not included in the Series 2005 Project. See "SECURITY FOR AND SOURCES
OF PAYMENT OF THE SERIES 2005 BONDS-Additional Bonds." Prior to the
issuance of the Series 2005 Bonds, the Issuer, the Residential Developer and the Golf
Course Landowner will enter into the Completion Agreement pursuant to which the
Residential Developer and the Golf Course Landowner will agree to complete the
applicable portions of the Project, including the Series 2005 Project, each is responsible
for developing and to convey the same to the Issuer as completed. The Completion
FTl:1360390:4
39
': C
"
Agreement obligates the Residential Developer and Golf Course Landowner to
complete and convey to the Issuer the applicable portions of the Project, regardless of
whether the proceeds of the Series 2005 Bonds or a Series of additional Bonds are
sufficient or available to pay the acquisition price therefore. To the extent the cost of the
portions of the Project conveyed by the Residential Developer or Golf Course
Landowner, as applicable, exceeds the amount paid actually by the Issuer from
proceeds of Bonds, the Residential Developer and Golf Course Landowner, as
applicable, will be entitled to receive "Deferred Costs" from the Issuer. See "SECURITY
FOR AND SOURCES OF PAYMENT OF THE SERIES 2005 BONDS-'Deferred Costs'
and 'Debt Service Reserve Fund'."
Land Acquisition
VKD entered into a purchase and sale agreement (the "Purchase Agreement")
on August 13, 2002 with Lely Development Corporation, a Texas corporation, and
Commercial Properties Southwest, Inc., a Florida corporation for the land comprising
the Development at a purchase price of $42,000,000. Pursuant to the seventh
amendment of the Purchase Agreement, dated June 18, 2004, VKD assigned its rights
under the Purchase Agreement to the Landowners.
On June 18, 2004, for purposes of acquiring the land in the Development, the
Landowners obtained a $35,300,000 loan from Wachovia Bank, National Association
(the "Wachovia Acquisition Loan") and the Sole Member of the Landowners obtained a
$28,000,000 mezzanine loan from FSPP " Treviso Mezz, LLC, a Delaware limited
liability company (the "Fremont Acquisition Loan, and together with the Wachovia
Acquisition Loan, the "Acquisition Loans"). The Wachovia Acquisition Loan is due and
payable in consecutive monthly payments of accrued interest only based on a variable
rate per annum and all principal and accrued interest outstanding is due and payable on
September 18,2007.
The Sole Member of the Landowners contributed the proceeds of the Fremont
Acquisition Loan to the Landowners. The Fremont Acquisition Loan is due and payable
in consecutive monthly payments of accrued interest only based on a fixed rate per
annum. Interest payments commenced in July 2004, and all principal and accrued
interest outstanding is due in December 2008. Principal payments on the Fremont
Acquisition Loan cannot commence until the later of June 18,2007 or the date on which
the Wachovia Acquisition Loan and the Wachovia Development Loan (defined below)
have been repaid.
The Wachovia Acquisition Loan is secured by a mortgage and security
agreement from the Landowners (the "Wachovia Fee Mortgage") on the land in the
Development and a leasehold mortgage and security agreement (the "Wachovia
Leasehold Mortgage") from the Residential Developer (defined below). The Fremont
Acquisition Loan is secured by a second mortgage on the land in the Development and
the Wachovia Leasehold Mortgage. The Wachovia Acquisition Loan and the Wachovia
Development Loan have priority over the Fremont Acquisition Loan.
FTl:1360390:4
40
-:i
,'7' r
Development and Financing
As noted above, the residential, golf course and commercial components of the
Development, as well as the Lifestyle Center, are owned by separate legal entities. The
Golf Course Landowner is developing the golf course property and the Commercial
Landowner is developing the commercial property. Pursuant to the Master Ground
Lease, the Residential Developer is developing the residential property owned by the
Residential Landowner and the Lifestyle Center. VK Treviso Bay Management, LLC, a
Florida limited liability company wholly owned by VKD (the "Residential Development
Manager") has entered into a contract with the Residential Developer to manage the
completion of infrastructure construction in the residential development and the Lifestyle
Center.
The Landowners and the Residential Developer obtained a $34,700,000
revolving line of credit loan from Wachovia Bank (the "Wachovia Development Loan")
on June 18, 2004 for purposes of developing the Development. The first tranche of
$20,000,000 becomes available upon evidence of $30,000,000 in sales contracts with
third party homebuilders and the second tranche, or $14,700,000, becomes available
upon evidence of an aggregate $60,000,000 in sales contracts with third party
homebuilders. The Residential Developer's existing sales contracts satisfy both of the
foregoing sales requirements. The Wachovia Development Loan is due and payable in
consecutive monthly payments of accrued interest only based on a variable rate per
annum. All principal and accrued interest outstanding is due and payable on September
18, 2007. Pursuant to the terms of the Fremont Acquisition Loan, the aggregate amount
of all sums advanced under the Wachovia Development Loan is limited to $59,000,000
and the outstanding principal balance of the Wachovia Development Loan cannot, at
anyone time, exceed $34,700,000. The Wachovia Development Loan is secured by the
Wachovia Fee Mortgage and the Wachovia Leasehold Mortgage.
The Landowners and Residential Developer have heretofore placed $9,750,000
in an escrow account (the "Escrow Account") for ongoing development costs incurred
prior to funds being borrowed under the Wachovia Development Loan, which funds are
made available to the Landowners and Residential Developer for these costs. As of
June 30, 2005, there was approximately $2.5 million available in the Escrow Account.
Residential Product Offerings
The design concept of Treviso Bay is to create a development in which every lot
and unit is amenitized. Every lot/unit in the Development is expected to have views of a
significant water feature, the golf course or the environmental conservation area. The
community is planned to be comprised of mid-rise condominiums, coach homes,
attached and detached villas, and single-family and estate lots. The Development is
bordered to the south and west by the Rookery Bay Estuary Preserve. This 25,OOO-acre
state park is owned and managed by the State of Florida. The Estuary is home to many
species of plants and other wildlife and contains numerous trails and waterways for
public benefit. Rookery Bay Estuary provides a natural amenity to the residents of
Treviso Bay and acts as a buffer against future development to the south and west.
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The Residential Developer expects to sell mid-rise condominiums, coach homes
and attached and detached villas to third-party builders that will build residential units
thereon and sell these units to end users through a sales program conducted by the
Residential Developer. The Residential Developer expects to sell single-family and
estate lots to builders that will build and sell homes on such lots to end users and to
also sell such lots directly to end users who will select a builder from a list approved by
the Residential Developer.
The following table reflects the Residential Developer's current expectation of the
mix of unit types to be constructed in the Development and their respective approximate
bases prices and square footages, all of which are subject to change.
Approximate Approximate Approximate
Numbe Home Average Average
r of Square LoVUnit Home
Product Type Lot Size Units FootaQes Prices Prices
Carriage Homes (4 Units Per 128 2,500-3,000 $120,000/Uni $675,000
Bldg.) t
Attached Villa (2 Units Per 110' 100 1,800-2,500 $135,OOO/Uni $675,000
Bldg.) t
Detached Villa #1 60' x 170' 78 2,000-3,500 $180,000 $1,000,000
Detached Villa #2 70' x 170' 42 3,000-5,000 $338,000 $1,750,000
Detached Villa #3 80' x 170' 149 3,000-5,000 $650,000 $2,000,000
Sing le-F am ily 100' x 71 4,000-6,000 $700,000 $2,500,000
180'
Single-Family Estate 150' x 180'- 58 6,000+ $935,000 $4,000,000
185'
Mid Rise 574 1,800-3,500 $195,000 $1,200,000
Total 1,200
Builder Contracts
The table below indicates builder contracts entered into be the Residential
Developer as of May 31, 2005.
Lots/Unit LoUUnit Total
Builder Product ~ Price Price
Taylor Woodrow Carriage Homes 128 120,000 15,360,00
0
Taylor Woodrow Detached Villa 78 180,000 14,040,00
60' 0
Mady Development Mid-Rise 198 195,000 38,085,00
Corp 0
R&D Companies Attached Villa 100 135,000 13,500,00
0
R&D Companies Detached Villa 42 337.411 14.171.26
70' g
Total M6 95.156.26
~
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Projected Absorption
The Residential Developer projects that all of the 1,200 residential units planned
within the Development, will be sold to builder over the period depicted in the table
below.
2006 2007 2008 2009 2010 Total
Carriage Homes 44 84 0 0 0 128
Attached Villa 50 50 0 0 100
Detached Villa #1 (60'x170') 42 36 0 0 0 78
Detached Villa #2 (70' x 170') 42 0 0 0 0 42
Detached Villa #3 (80' x 170') 0 30 60 59 0 149
Single-Family (100'x 180') 10 24 24 13 0 71
Single-Family Estate (150'x 180'- 11 15 20 12 0 58
185')
Mid Rise 48 48 ~ 220 75 574
ill 2aI 2aI 304 15 ;UQQ
The anticipated absorption rates are based upon estimates and assumptions
made by the Residential Developer that are inherently uncertain, though considered
reasonable by the Residential Developer, and are subject to significant business,
economic and competitive uncertainties and contingencies, all of which are difficult to
predict and many of which are beyond the control of the Residential Developer. As a
result, there can be no assurance such absorption rates will occur or be realized in the
time frames anticipated.
Commercial Development
The approximately ten (10) acres in the Development to be developed with
commercial uses are initially expected to be used by the Residential Developer for its
temporary and then permanent sales center. The Commercial Landowner does not
currently expect to sell the commercial acres to a third-party developer/builder until the
residential development and sales in the Development are significantly underway.
Ultimately, Treviso Bay is expected to feature an 85,000-square foot retail center along
U.S. 41, located adjacent to the main entry and gatehouse on the commercial acres in
the Development being developed by the Commercial Landowner. This retail center is
planned to consist of convenience shopping elements, office/retail uses and other
related commercial components that will service the needs of residents of the
Development and nearby neighborhoods. The commercial acres in Treviso Bay will not
be subject to the Special Assessments securing the Series 2005 Bonds.
Golf Course and Clubhouse
The Golf Course Landowner has entered into an agreement in which the PGA
Tour will manage the golf course within the community as a Tournament Player's Club
(TPC) facility. As with all Tournament Players Clubs, The TPC at Treviso Bay will be
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designed to accommodate a PGA Tour sanctioned tournament. The golf course will be
an Arthur Hills Signature Golf Course, which, unlike other golf courses in the area, will
offer a "pure/core" design to attract true golf enthusiasts. This "core" design along a
majority of the holes will allow golf enthusiasts, at all levels, to enjoy a true golf
experience without the distractions of immediately adjacent homes, clubhouses or other
structures. In addition, there will be driving range facilities, practice facilities, and an
approximate 50,000 square foot clubhouse. The golf course and clubhouse facility is
estimated to cost $38.5 million and will be financed by the Golf Course Landowner.
The golf club will be operated as a private initiation fee facility, with non-equity
memberships. In a non-equity club, the member is granted a contractual use right
subject to recall by the owner. Construction of the golf course is expected to commence
in Summer, 2005 and construction of the golf clubhouse is expected to commence in
Fall, 2005. The opening date for the club is currently expected to be December, 2006.
Initial membership pricing will be set at $75,000 (limited number), with incremental
increases annually based on market demand. The Golf Course Landowner will limit the
number of golf members to 400.
On June 18, 2004, the Golf Course Landowner entered into a golf facility
management agreement with Tournament Players Club of Naples, LLC to supervise,
operate and manage the golf facility. Tournament Players Club of Naples, LLC is an
indirect subsidiary of PGA Tour. At such time as the Golf Course Landowner receives
membership deposits and net operating revenues from the golf facility (after payment of
all operating expenses and capital expenses plus any third party debt service) in an
amount equal to its capital investment in the golf facility plus twelve percent (12%), TPC
will have an exclusive right to purchase fee simple title to the golf facility for $1.00, with
such purchase to be free and clear of all debt and other encumbrances (except for
easements and other land use matters, or those matters not affecting the use of the golf
facility parcel).
The agreement with the PGA Tour will allow the Residential Developer and Golf
Course Landowner to use the "TPC" mark in the marketing and sales of its residential
units and golf club memberships. In exchange for the use of the TPC mark, the Golf
Course Landowner will pay a lot royalty to the PGA Tour in accordance with the terms
of the project documents that have been executed.
Lifestyle Center
In addition to the golf clubhouse, the Development is planned to include an
approximate 30,000 square foot "Lifestyle Center." The Lifestyle Center will be
developed by the Residential Developer and feature a resort pool, tennis courts and a
fitness center, among other amenities. Residents will be required to pay a mandatory
$25,000 membership fee for use of the facility. Construction of the Lifestyle Center is
expected to commence in May, 2006 and the Lifestyle Center is expected to open in
Fall, 2007. The Lifestyle Center will not be subject to the Special Assessments securing
the Series 2005 Bonds.
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Marina
The Development may offer membership to an off-site marina as another
amenity to its residents. VK Holdings Treviso Bay Marina, LLC, a Florida limited liability
company wholly owned by the Member (the "Marina Landowner") recently purchased
Gulf Shores Marina (the "Marina"), which is located about three (3) miles northwest of
the Development. If the Marina Landowner determines to offer membership to the
Marina to residents of the Development, such membership is expected to be offered on
a first-come basis and will be a separate category from the golf club membership and
Lifestyle Center membership.
Education
Elementary, middle and high schools are located five minutes from the
Development. Children residing within the Development would attend Lely Elementary
School, Manatee Middle School and Lely High School. These school designations are
subject to change by the School District of Collier County, Florida.
Marketing
The Residential Developer anticipates the target market for the Development to
be move-up buyers, second home buyers and retirees mainly from the mid-west or east
coast. It is expected that 65% of sales to homeowners will come via realtor participation.
The Residential Developer entered into an agreement (the "Marketing
Agreement") with Premier Properties of Southwest Florida, Inc. ("Premier"), a real estate
broker licensed in the State, on September 17, 2004, retaining Premier as the exclusive
listing agency with respect to property in the Development. The Marketing Agreement
also provides for Premier to assist in identifying and procuring builders (at the
Residential Developer's request and direction) and, with the Residential Developer's
cooperation, in establishing and managing a preferred builders program (the "Preferred
Builders Program"). In addition, Premier will manage the central sales and marketing
program for the Development. The Residential Developer expects to open a temporary
sales center located on the land in the Development to be developed with commercial
uses in November, 2005 and to open a permanent sales center on the same site by
January, 2007. Advertising will include newspaper, publications, promotions, website,
CD-ROM brochure and a direct mail program, among others venues. Each builder will
pay a marketing/listing fee for advertising and marketing and will be required to build
nine model homes.
Residential Fees and Assessments
The current approximate millage rate for the area of the County that the District is
located is 13.3 mills. Assuming an average home cost of $1,680,000 with a $25,000
homestead exemption ($1,655,000 taxable value), based upon the millage rates
applicable during the fiscal year ended September 30, 2004, the annual ad-valorem
property tax would be approximately $22,030. [Update?]
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The table below illustrates the approximate annual Series 2005A Special
Assessments to be levied on homes in the Development by product type to pay debt
service on the Series 2005A Bonds. The annual Series 2005A Special Assessments will
be finally determined based on the final pricing details of the Series 2005 Bonds. Series
2005B Special Assessments are expected to be prepaid by the Residential Developer
or builders at the time of sale of a residential lots to end users and are not reflected
below. The Issuer will also annually levy non-ad valorem special assessments on
residential lots in the Development for its administrative, operation and maintenance
expenses, which are determined by reference to the Issuer's annual budget each year.
In addition, homeowners in the Development will pay annual master homeowner
association fees and neighborhood association fees.
Product Type
Carriage Home
Attached Villa
Detached Villa #1
Detached Villa #2
Detached Villa #3
SF 100'x180'
SF 150'x180'-185'
Mid-rise condo
Series 2005A
Special Assessments
$1,500
$1,700
$1,800
$2, 1 00
$3,400
$4,100
$4,400
$1,500
See "SPECIAL ASSESSMENT METHODOLOGY" and APPENDIX E - SPECIAL
ASSESSMENT METHODOLOGY" attached hereto for a detailed description of the
Special Assessments securing the Series 2005 Bonds.
Competition [TO FOLLOW]
SPECIAL ASSESSMENT METHODOLOGY
Severn Trent Services, Inc., has prepared a master special assessment
methodology report, as supplemented, included herein as Appendix E (the
"Methodology"), which sets forth an overall method for allocating the special benefit to
the Development resulting from the Project, including the Series 2005 Project. Pursuant
to the Methodology, initially, the acres in the District on which the golf course, golf
clubhouse and residential lots will be located will be subject to the Special Assessments
securing the Series 2005 Bonds, with the Special Assessments being allocated to the
golf course and golf clubhouse acres on a different basis than the residential acres. As
residential lots in the Development are sold by the Residential Developer, the Special
Assessments will be further allocated to these lots, sequentially, in accordance with the
Methodology. It is expected that ultimately approximately _ of the planned 1,200
residential units in the Development to be located in the District, together with the acres
on which the golf course and golf clubhouse will be located, will be subject to the
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Special Assessments securing the Series 2005 Bonds. See "APPENDIX E-SPECIAL
ASSESSMENT METHODOLOGY."
Additional Bonds expected to be issued by the Issuer in the future pursuant to
the Master Indenture to finance the portion of the Project not included in the Series
2005 Project will be secured by non-ad valorem special assessments levied on
residential lots in the District that have not been sold by the Residential Developer. To
the extent that the Special Assessments securing the Series 2005 Bonds have not been
fully allocated to sold residential lots, the unsold residential lots subject to the non-ad
valorem special assessments securing the additional Bonds may remain subject to the
Special Assessments securing the Series 2005 Bonds. See "APPENDIX E-SPECIAL
ASSESSMENT METHODOLOGY."
TAX MATTERS
The Internal Revenue Code of 1986, as amended (the "Code"), includes
requirements which the Issuer must continue to meet after the issuance of the Series
2005 Bonds in order that interest on the Series 2005 Bonds not be included in gross
income for federal income tax purposes. The Issuer's failure to meet these
requirements may cause interest on the Series 2005 Bonds to be included in gross
income for federal income tax purposes retroactive to the date of issuance. The Issuer
has covenanted in the Indenture to take the actions required by the Code in order to
maintain the exclusion from federal gross income of interest on the Series 2005 Bonds.
In the opinion of Bond Counsel, rendered on the date of issuance of the Series
2005 Bonds, assuming continuing compliance by the Issuer with the tax covenants
referred to above, under existing statutes, regulations, rulings and court decisions,
interest on the Series 2005 Bonds is excluded from gross income for federal income tax
purposes. Interest on the Series 2005 Bonds is not an item of tax preference for
purposes of the federal alternative minimum tax imposed on individuals and
corporations; however, interest on the Series 2005 Bonds is taken into account in
determining adjusted current earnings for purposes of computing the alternative
minimum tax imposed on certain corporations. Bond Counsel is further of the opinion
upon the date of issuance of the Series 2005 Bonds that the Series 2005 Bonds and the
interest thereon are exempt from taxation under the laws of the State of Florida, except
as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest
income or profits on debt obligations owned by corporations as defined therein.
Bond Counsel is further of the opinion the difference between the principal
amount of the Series 2005 Bonds and the initial offering price to the public (excluding
bond houses, brokers, or similar persons or organizations acting in the capacity of
underwriters or wholesalers) at which price a substantial amount of such Series 2005
Bonds of the same maturity was sold constitutes original issue discount which is
excluded from gross income for federal income tax purposes, to the same extent as
interest on the Series 2005 Bonds. Further, such original issue discount accrues
actuarially on a constant interest basis over the term of each Series 2005 Bond and the
basis of each Series 2005 Bond acquired at such initial offering price by an initial
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purchaser thereof will be increased by the amount of such accrued original issue
discount. The accrual of such initial issue discount may be take into account as
increase in the amount of tax exempt income for purposes of determining various other
tax consequences of owning the Series 2005 Bonds, even though there will not be a
corresponding cash payment. Owners of Series 2005 Bonds are advised that they
should consult with their own advisors with respect to the state and local tax
consequences of owning such Series 2005 Bonds.
Except as described above, Bond Counsel will express no opinion regarding the
federal income tax consequences resulting from the ownership of, receipt or accrual of
interest on, or disposition of the Series 2005 Bonds. Prospective purchasers of Series
2005 Bonds should be aware that the ownership of Series 2005 Bonds may result in
other collateral federal tax consequences, including but not limited to: (i) the denial of a
deduction for interest or indebtedness incurred or continued to purchase or carry Series
2005 Bonds or, in the case of a financial institution, that portion of an owner's interest
expense allocable to interest on a Series 2005 Bond; (ii) the reduction of the . loss
reserve deduction for property and casualty insurance companies by fifteen percent
(15%) of certain items, including the interest on the Series 2005 Bonds; (iii) the inclusion
of interest on Series 2005 Bonds in the earnings of certain foreign corporations doing
business in the United States for purposes of the branch profits tax; (iv) the inclusion of
interest on the Series 2005 Bonds in passive investment income subject to federal
income taxation of certain Subchapter S corporations with Subchapter C earnings and
profits at the close of the taxable year; and (v) interest on Series 2005 Bonds is taken
into account in determining whether recipients of certain Social Security and Railroad
Retirement benefits must include those benefits in gross income.
AGREEMENT BY THE STATE
Under the Act, the State of Florida pledges to the holders of any bonds issued
thereunder, including the Series 2005 Bonds, that it will not limit or alter the rights of the
issuer of such bonds to own, acquire, construct, reconstruct, improve, maintain, operate
or furnish the projects subject to the Act or to levy and collect taxes, assessments,
rentals, rates, fees and other charges provided for in the Act and to fulfill the terms of
any agreement made with the holders of such bonds and that it will not in any way
impair the rights or remedies of such holders.
LEGALITY FOR INVESTMENT
The Act provides that bonds issued by community development districts are legal
investments for savings banks, banks, trust companies, insurance companies,
executors, administrators, trustees, guardians, and other fiduciaries, and for any board,
body, agency, instrumentality, county, municipality or other political subdivision of the
State of Florida, and constitute securities that may be deposited by banks or trust
companies as security for deposits of state, county, municipal or other public funds, or
by insurance companies as required or voluntary statutory deposits.
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SUIT ABILITY FOR INVESTMENT
This offering is limited by the Underwriter to accredited investors within the
meaning of the rules of the Florida Department of Financial Services. This limitation of
the initial offering to accredited investors does not denote restrictions on transfer in any
secondary market for the Series 2005 Bonds. Investment in the Series 2005 Bonds
poses certain economic risks. Prospective investors in the Series 2005 Bonds should
have such knowledge and experience in financial and business matters to be capable of
evaluating the merits and risks of an investment in the Series 2005 Bonds and have the
ability to bear the economic risks of such prospective investment, including a complete
loss of such investment. Although no dealer, broker, salesman or other person has
been authorized by the Issuer or the Underwriter to give any information or make any
representations, other than those contained in this Limited Offering Memorandum, and,
if given or made, such other information or representations must not be relied upon as
having been authorized by either of the foregoing, each prospective investor will be
given access to such additional information, including the benefit of a site visit of the
District and the opportunity to ask questions of the Landowners as such investor deems
necessary in order to make an informed decision with respect to the purchase of the
Series 2005 Bonds. Prospective investors are encouraged to request such additional
information, visit the District and ask such questions. Such requests should be directed
to:
Lydia Brown Kiser
Managing Director
Prager, Sealy & Co., LLC
200 South Orange Avenue, Suite 1900
Orlando, Florida 32801
Telephone: (407) 481-9182
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Section 517.051, Florida Statutes, and the regulations promulgated thereunder
(the "Disclosure Act") requires that the Issuer make a full and fair disclosure of any
bonds or other debt obligations that it has issued or guaranteed and that are or have
been in default as to principal or interest at any time after December 31, 1975 (including
bonds or other debt obligations for which it has served on as a conduit issuer such as
industrial development or private activity bonds issued on behalf of private businesses).
The Issuer is not and has not ever been in default as to principal and interest on its
bonds or other debt obligations.
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2005 Bonds upon an event of
default under the Indenture are in many respects dependent upon judicial actions, which
are often subject to discretion and delay. Under existing constitutional and statutory law
and judicial decisions, including the federal bankruptcy code, the remedies specified by
the Indenture and the Series 2005 Bonds may not be readily available or may be
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limited. The various legal opinions to be delivered concurrently with the delivery of the
Series 2005 Bonds will be qualified, as to the enforceability of the remedies provided in
the various legal instruments, by limitations imposed by bankruptcy, reorganization,
insolvency or other similar laws affecting the rights of creditors and enacted before or
after such delivery.
LITIGATION
There is no litigation of any nature, pending or to the knowledge of the Issuer,
threatened, restraining or enjoining the issuance, sale, execution or delivery of the
Series 2005 Bonds, or in any way contesting or affecting the validity of the Series 2005
Bonds or any proceedings of the Issuer taken with respect to the issuance or sale
thereof, or the pledge or application of any moneys or security provided for the payment
of the Series 2005 Bonds, or the existence or powers of the Issuer.
NO RATING
No application for a rating has been made to any rating agency.
CONTINUING DISCLOSURE
The Issuer, the Residential Developer and the Golf Course Landowner have
covenanted in a Continuing Disclosure Agreement for the benefit of Bondholders in
accordance with Rule 15(c)(2)(12)(b)(5) of the Securities and Exchange Commission to
provide certain financial information and operating data relating to the Issuer and the
Landowners by certain dates prescribed in the Continuing Disclosure Agreement (the
"Annual Report") and to provide notices of the occurrence of certain enumerated
material events. The Annual Report will be filed by the Issuer or a dissemination agent
on behalf of the Issuer with each Nationally Recognized Municipal Securities
Information Repository ("NRMSIR"). The notices of material events will be filed by the
Issuer or a dissemination agent on behalf of the Issuer with the Municipal Securities
Rulemaking Board (and with each NRMSIR). The specific nature of the information to
be contained in the Annual Report and the notices of material events is set forth in
"Appendix 0 -- Proposed Form of Continuing Disclosure Agreement."
FINANCIAL STATEMENTS
The Act requires that financial statements of the Issuer be audited by an
independent certified public accountant at least once a year. The current fiscal year of
the Issuer commences October 1 and the audited financial statements are generally
available within 180 days after the end of each fiscal year, although there can be no
assurance that the financial statements will be available within that time period. The Act
further provides that the Issuer's budget for the following fiscal year be adopted prior to
October 1 of each year. Meetings of the Issuer's Board of Supervisors are open to the
public, and a proposed schedule of meetings for the year is published at the beginning
of each year. Notice of meetings is published and the agenda for meetings are made
available to the public prior to each meeting.
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The Issuer was created on June 15, 2004 and the activities of the Issuer to the
date of this Limited Offering Memorandum have been limited principally to the non-
revenue producing activities preliminary to the issuance of the Series 2005 Bonds.
Financial statements of the Issuer are therefore not available and not included herein.
The Issuer has covenanted in the form of a Continuing Disclosure Agreement set forth
in Appendix 0 hereto to provide its annual audit commencing with the audit for the
Issuer's fiscal year ended September 30, 2005 to certain information repositories as
described in Appendix 0 attached hereto.
UNDERWRITING
Prager, Sealy & Co., LLC (the "Underwriter") has agreed pursuant to a contract
with the Issuer, subject to certain conditions, to purchase the Series 2005 Bonds from
the Issuer at a purchase price of $ , plus accrued interest from July 1, 2005.
The Underwriter's obligations are subject to certain conditions precedent and the
Underwriter will be obligated to purchase all the Series 2005 Bonds if any are
purchased. The Series 2005 Bonds may be offered and sold to certain dealers, banks
and others at prices lower than the initial offering prices, and such initial offering prices
may be changed from time to time by the Underwriter.
EXPERTS
The references herein to Johnson Engineering Inc., as the Issuer's Consulting
Engineer, have been approved by said firm, and the Consulting Engineer's Report,
included in Appendix A to this Limited Offering Memorandum, should be read in its
entirety for complete information with respect to the subjects discussed therein. Severn
Trent Services, Inc., District Manager and Financial Advisor, has also prepared the
assessment methodology set forth in the Special Assessment Methodology included
herein as Appendix E.
LEGAL MATTERS
Certain legal matters related to the authorization, sale and delivery of the Series
2005 Bonds are subject to the approval of Greenberg Traurig, P.A., Miami, Florida,
Bond Counsel. Certain legal matters will be passed upon for the Underwriter by its
counsel, Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, Florida.
Certain legal matters will be passed upon by Hopping Green & Sams, P .A.,
TaJlahasssee, Florida Counsel to the Issuer. Certain legal matters will be passed upon
for the Trustee by its counsel, Holland & Knight, LLP, Miami, Florida.
VALIDATION
The Series 2005 Bonds were validated by a judgment of the Circuit Court in and
for Collier County, Florida on September 20, 2004 and the time for taking an appeal
from such judgment has expired with no appeal having been taken.
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MISCELLANEOUS
Any statements made in this Limited Offering Memorandum involving matters of
opinion or estimates, whether or not expressly so stated, are set forth as such and not
as representations of fact, and no representations are made that any of the estimates
will be realized.
The references herein to the Series 2005 Bonds and other documents referred to
herein are brief summaries of certain provisions thereof. Such summaries do not
purport to be complete and reference is made to such documents for full and complete
statements of such provisions. Contemporaneously with the issuance of the Series
2005 Bonds, Bond Counsel will deliver its opinion to the effect that the summaries of the
Indenture, Series 2005 Bonds, and the provisions of the Code are fair and accurate
summaries of such provisions and the Chairman of the Issuer will furnish a certificate to
the effect that nothing has come to her attention that would lead her to believe that this
Limited Offering Memorandum (excluding the information under the captions
"DESCRIPTION OF THE SERIES 2005 BONDS -- Book-Entry Only," and "THE
DEVELOPMENT" and "THE LANDOWNERS AND THE RESIDENTIAL DEVELOPER"),
as of its date and as of the date of delivery of the Series 2005 Bonds, contains an
untrue statement of a material fact or omits to state a material fact which should be
included herein for the purposes for which the Limited Offering Memorandum is to be
used, or which is necessary to make the statements herein, in the light of the
circumstances under which they were made, not misleading.
This Limited Offering Memorandum has been prepared in connection with the
sale of the Series 2005 Bonds and may not be reproduced or used, as a whole or as a
part, for any purpose. This Limited Offering Memorandum is not to be construed as a
contract with the purchasers or the Holders or Beneficial Owners of any of the Series
2005 Bonds.
This Limited Offering Memorandum has been duly authorized, executed and
delivered by the Issuer.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
By:
Chairman, Board of Supervisors
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APPENDIX A
CONSULTING ENGINEER'S REPORT
FTL:1360390:4
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APPENDIX B
FORM OF THE INDENTURE
Fn'1360390A
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APPENDIX C
PROPOSED FORM OF OPINION OF BOND COUNSEL
C-1
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APPENDIX D
CONTINUING DISCLOSURE AGREEMENT
FTU 360390A
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APPENDIX E
SPECIAL ASSESSMENT METHODOLOGY
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, 1 6 11'"
EXHIBIT E
FORM OF RULE 15c2-12 CERTIFICATE
Wentworth Estates Community Development District
(Collier County, Florida)
$[AUTHORIZED AMOUNT At Special Assessment Bonds, Series 2005A
$[AUTHORIZED AMOUNT B]* Special Assessment Bonds, Series 2005B
RULE 15c2-12 CERTIFICATE
The undersigned hereby certifies and represents to Prager, Sealy & Co., LLC (the
"Underwriter") that he is the Chairman of the Board of Supervisors of Wentworth Estates
Community Development District (the "District") is authorized to execute and deliver this
Certificate, and further certifies on behalf of the District to the Underwriter as follows:
1. This Certificate is delivered to enable the Underwriter to comply with Rule 15c2-
12 under the Securities Exchange Act of 1934 (the "Rule") in connection with the offering and
sale of Wentworth Estates Community Development District (Collier County, Florida)
$[AUTHORIZED AMOUNT A]* Special Assessment Bonds, Series 2005A (the "Series 2005A
Bonds"), and $[AUTHORIZED AMOUNT B]* Special Assessment Bonds Series 2005B, (the
"Series 2005B Bonds").
2. In connection with the offering and sale of the Series 2005A and the Series 2005B
Bonds, there has been prepared a Preliminary Limited Offering Memorandum, dated the date
hereof, setting forth information concerning the Series 2005A and the Series 2005B Bonds and
the District (the "Preliminary Limited Offering Memorandum").
3. As used herein, "Permitted Omissions" shall mean the offering price, interest rate,
selling compensation, aggregate principal amount, principal amount per maturity, delivery dates,
ratings, the identity of the Underwriter and other terms of the Series 2005A and the Series 2005B
Bonds depending on such matters.
4. The undersigned hereby deems the Preliminary Limited Offering Memorandum
"final" as of its date, within the meaning of the Rule, except for the Permitted Omissions, and the
information therein is accurate and complete except for the Permitted Omissions.
5. If, at any time prior to the execution of a Bond Purchase Contract, any event
occurs as a result of which the Preliminary Limited Offering Memorandum might include an
untrue statement of a material fact or omit to state any material fact necessary to make the
statements therein, in light of the circumstances under which they were made, not misleading,
the District will promptly notify the Underwriter thereof.
Preliminary, subject to change.
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IN WITNESS WHEREOF, the undersigned has hereunto set his hand this _ day of
,2005.
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
Chairman
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EXHIBIT F
FORM OF CONTINUING DISCLOSURE AGREEMENT
FORM OF DISSEMINATION AGENT AGREEMENT
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RMSS&R, P .A. Draft: 07/8/05
CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the "Disclosure Agreement") dated as of July I,
2005 is executed and delivered by the Wentworth Estates Community Development District (the
"Issuer"), Treviso Bay Development, LLC, a Delaware limited liability company (the "Residential
Developer"), VK Holdings Treviso Bay Golf Course, LLC, a Florida limited liability company (the
"Golf Course Landowner"), and Prager, Sealy & Co., LLC, as Dissemination Agent ("Prager") in
connection with the issuance by the Issuer of its $ Special Assessment Bonds, Series
2005A and its $ Special Assessment Bonds, Series 2005B (collectively, the "Bonds").
The Bonds are being issued pursuant to a Master Trust Indenture, as supplemented by a First
Supplemental Trust Indenture, each dated as of July 1, 2005 (the "Indenture"), entered into by and
between the Issuer and Wachovia Bank, National Association, Miami, Florida, as trustee (the
"Trustee"). The Issuer, the Residential Developer, the Golf Course Landowner and the
Dissemination Agent covenant and agree as follows:
I. Purpose ofthe Disclosure Agreement. This Disclosure Agreement is being executed
and delivered by the Issuer, the Residential Developer and the Golf Course Landowner to provide
information required by the Indenture. The Issuer, through its Bond Counsel, represents that the
information is consistent with the requirements of the United States Securities Exchange
Commission ("SEC") Rule 15c2-12(b)(5).
The provisions of this Disclosure Agreement are supplemental and in addition to the
provisions of the Indenture with respect to reports, filings and notifications provided for therein, and
do not in any way relieve the Issuer, the Trustee or any other person of any covenant, agreement or
obligation under the Indenture (or remove any of the benefits thereof) nor shall anything herein
prohibit the Issuer, the Trustee or any other person from making any reports, filings or notifications
required by the Indenture or any applicable law.
2. Definitions. In addition to the definitions set forth in the Indenture, which apply to
any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section 2,
the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as
described in, Sections 3 and 4 of this Disclosure Agreement.
"Assessments" shall mean the non-ad valorem special assessments pledged to the Bonds.
"Business Day" means any day other than a Saturday, Sunday or a day on which the District
is required, or authorized or not prohibited by law (including executive orders), to close and is
closed.
"Central Post Office" shall mean the Texas Municipal Advisory Council (the "MAC") as
provided at http://www.disclosureusa.org unless the SEC has withdrawn the interpretive advice in its
FTL:1361979:3
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letter to the MAC dated September 7,2004 and any additional central filing hereafter designated by
the SEC as a location that satisfies the Rule.
"Disclosure Representative" shall mean the District Manager of the Issuer or his or her
designee, or such other officer or employee as the Issuer shall designate in writing to the Trustee and
the Dissemination Agent from time to time.
"Dissemination Agent" shall mean the Issuer, acting in its capacity as Dissemination Agent
hereunder, or any successor Dissemination Agent designated in writing by the Issuer and which has
filed with the Issuer and Trustee a written acceptance of such designation. Prager has been
designated as the initial Dissemination Agent hereunder.
"Fiscal Year" shall mean the period commencing on October 1 and ending on September 30
ofthe next succeeding year, or such other period of time provided by applicable law.
"Limited Offering Memorandum" shall mean the Limited Offering Memorandum dated
,2005 relating to the Bonds.
"Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure
Agreement.
"MSRB" means the Municipal Securities Rulemaking Board.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repositories for purposes of the Rule. A list ofthe names and addresses of each ofthe
National Repositories and State Repositories may currently be obtained by calling the United States
Securities and Exchange Commission's Fax on Demand Service from a fax machine phone line at
(202) 942-8088 and requesting document numbers 0206 and 0207, respectively, or by visiting its
website at ..http://www.sec.gov/info/municipallnrmsir.htm. "
"Obligated Person(s)" shall mean, with respect to the Bonds, those person(s) who either
generally or through an enterprise fund or account of such persons are committed by contract or other
arrangement to support payment of all or a part of the obligations on such Bonds, which person(s)
shall include the Issuer, the Residential Developer and the Golf Course Landowner and their
successors or assigns for so long as the Residential Developer, the Golf Course Landowner and their
respective successors or assigns is the owner or optionee of at least 20% of the lands which have
been determined by the Issuer to be lands benefited by the project financed by the Bonds or is
responsible for payment of at least 20% of the Assessments.
"Participating Underwriter" shall mean the original underwriter of the Bonds required to
comply with the Rule in connection with offering of the Bonds.
"Repository" shall mean each National Repository and each State Repository.
FTl:136t979:3
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"Rule" shall mean Rule 15c2-12(b )(5) adopted by the United States Securities and Exchange
Commission under the Securities Exchange Act of 1934, as the same may be amended from time to
time.
"State Repository" shall mean any public or private repository or entity designated by the
State as a state repository for the purposes of the Rule.
3. Provision of Annual Reports.
(a) Subject to the following sentence and Section 4(a)(viii), the Issuer shall
provide the Annual Report to the Dissemination Agent and the Trustee no later than 180 days after
the close of the Issuer's Fiscal Year, commencing with the Fiscal Year ended September 30,2005.
The Annual Report may be submitted as a single document or as separate documents comprising a
package, and may cross-reference other information as provided in Section 4 of this DisClosure
Agreement; provided that the audited financial statements ofthe Issuer may be submitted separately
from the balance ofthe Annual Report, and may be submitted up to, but no later than, 365 days after
the close of the Issuer's Fiscal Year. The Issuer shall, or shall cause the Dissemination Agent to,
provide to each Repository the components of an Annual Report which satisfies the requirements of
Section 4(a) of this Disclosure Agreement within thirty days after same becomes available. If the
Issuer's Fiscal Year changes, the Issuer shall give notice of such change in the same manner as for a
Listed Event under Section 5.
(b) If by the 180th day after the close of the Issuer's Fiscal Year the
Dissemination Agent has not received a copy of the Annual Report (other than the audited financial
statements of the Issuer), the Dissemination Agent shall notify the Issuer in writing that the Issuer
has not complied with its obligations under subsection (a) above. Subject to Section 4(a)(viii), ifby
the 365th day after the close ofthe Issuer's Fiscal Year the Dissemination Agent has not received a
copy ofthe audited financial statements of the Issuer, the Dissemination Agent shall notify the Issuer
in writing that the Issuer has not complied with its obligations under subsection (a) above.
(c) If the Dissemination Agent is unable to verify in writing from the Issuer that
the Issuer has filed an Annual Report with the Repositories by the date required in subsection (a)
above, the Dissemination Agent shall send a notice to each Repository in substantially the form
attached as Exhibit A.
(d) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report
the name and address of each National Repository and each State Repository, if any; provided;
however, ifthe filing is to be made through the Central Post Office pursuant to Section 6 below, the
Dissemination Agent need only determine the name and address of the Central Post Office; and
(ii) promptly upon fulfilling its obligations under subsection (a) above, file
a report with the Issuer and the Trustee certifying that the Annual Report has been provided pursuant
to this Disclosure Agreement, stating the date(s) it was provided and listing all the Repositories (or
,
FTL:1361979:3
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the name of the Central Post Office in the event the filing is made through the Central Post Office) to
which it was provided.
4. (a) Content of Annual Reports. The Issuer's Annual Report shall contain or
incorporate by reference the following:
Year.
(i) The amount of Assessments levied for the most recent prior Fiscal
(ii) The amount of Assessments collected from the property owners during
the most recent prior Fiscal Year.
(iii) If available, the amount of delinquencies greater than 150 days, and, in
the event that delinquencies amount to more than ten percent (l 0%) of the amounts of the
Assessments due in any year, a list of delinquent property owners.
(iv) If available, the amount of tax certificates sold, if any, and the balance,
if any, remaining for sale from the most recent Fiscal Year.
(v) All fund balances in all Funds and Accounts for the Bonds. The Issuer
shall provide any Bondholder with this information no more frequently than annually within thirty
(30) days of the written request of the Bondholder.
(vi) The total amount of Bonds Outstanding.
current Fiscal Year.
(vii) The amount of principal and interest to be paid on the Bonds in the
(viii) The most recent audited financial statements of the Issuer (provided,
however, if the Issuer is not required by Florida law to prepare audited financial statements for its
Fiscal Year ending September 30, 2005, the first Annual Report submitted by the Issuer in
accordance herewith may include unaudited financial statements for such Fiscal Year).
To the extent any ofthe items set forth in subsections (i) through (vii) above are included in
the audited financial statements referred to in subsection (viii) above, they do not have to be
separately set forth. Any or all ofthe items listed above may be incorporated by reference from other
documents, including official statements of debt issues of the Issuer or related public entities, which
have been submitted to each ofthe Repositories, either directly or through the Central Post Office, or
the United States Securities and Exchange Commission. Ifthe document incorporated by reference
is a final official statement, it must be available from the MSRB. The Issuer shall clearly identify
each such other document so incorporated by reference.
(b) The Residential Developer and the Golf Course Landowner agree to assist the
Issuer and the Dissemination Agent in preparing and providing the information necessary to prepare
the Annual Report and the quarterly reports. Each of the Residential Developer and the Golf Course
Landowner (or their respective successors or assigns) agrees to provide the information necessary to
FTl:1361979:3
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prepare the Annual Report and quarterly reports so long as it is an Obligated Person. If the
Residential Developer or the Golf Course Landowner transfers its respective component of the
Development to an entity which will in turn own or have the option to acquire at least 20% or more
ofits respective component of the Development as determined at the time of delivery of the Bonds,
or be responsible for payment of at least 20% of the Assessments, such entity agrees to assign and
retain, if applicable, its respective obligations set forth herein to its successor in interest.
(c) Except as expressly provided herein, the financial statements provided by the
Issuer shall be audited.
(d) Each ofthe Residential Developer and the Golf Course Landowner, so long as
it is an Obligated Person, shall also prepare reports no later than thirty (30) days after the end of each
calendar quarter commencing with the calendar quarter ending June 30,2005 and provide these
reports to the Dissemination Agent and to any Bondholders that request them. Notwithstanding the
foregoing, so long as the Developer or Builder is a reporting company, such thirty (30) days shall be
extended to the date of filing of the Developer's or Builder's 10K or 1 OQ, iflater, as the case may be.
At such time as the Developer or Builder (or their successors or assigns) is no longer an Obligated
Person, the Developer or Builder, as applicable, (or its successors or assigns) will no longer be
obligated to prepare the quarterly reports as it relates to their respective component of the
Development.
The quarterly reports of the Residential Developer (or its respective successors or assigns)
shall address the following, with respect to the Development:
(i) The percentage of the infrastructure improvements that have been
completed or acquired with the proceeds ofthe Bonds.
(ii) The number of homes planned on property which is being assessed to
repay the Bonds.
(iii) The number and type of property (lots, parcels, raw land, etc.) sold to
builders and/or retail buyers.
(iv) The number of homes constructed.
(v) The number of homes occupied.
(vi) The number of units, type of units and square footage of commercial
property or other non-residential uses planned on property which is being assessed to repay the
Bonds.
(vii) The number and type of property (parcels, raw land, etc.) sold for non-
residential development, if any.
(viii) The square footage of non-residential property constructed, if any.
fTL:1361979:3
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(ix) The number and estimated date of complete build-out of residential
units.
(x) Whether the Residential Developer has made any bulk sale of the land
within the District (as defined in the Limited Offering Memorandum) other than in the ordinary
course of business.
(xi) Whether the Residential Developer has made any bulk sale of the land
subject to the Assessments within the District (as defined in the Limited Offering Memorandum)
other than in the ordinary course of business.
(xii) The anchor (more than ten percent (10%) of the square footage)
tenants of non-residential property, if any.
(xiii) The status of development approvals for the Development.
(xiv) Materially adverse changes or determinations to permits/approvals for
the Development which necessitate changes to the Residential Developer's land development plans.
(xv) Updated plan of finance (i.e., status of any credit enhancement,
issuance of additional bonds to complete project, draw on credit line of Residential Developer,
additional mortgage debt, etc.).
(xvi) The status of development approvals and construction ofthe Lifestyle
Center (as defined in the Limited Offering Memorandum).
(xvii) Number oflots in the Development acquired pursuant to the Master
Ground Lease (as defined in the Limited Offering Memorandum).
(xviii) A statement that no event of default has occurred under the Residential
Developer Agreements (as defined in the Limited Offering Memorandum) and that such agreements
are in full force and effect.
At such time as the Golf Course Landowner (or its respective successors or assigns) is no
longer an Obligated Person, the Golf Course Landowner (or its successors or assigns) will no longer
be obligated to prepare the quarterly reports as it relates to the Development. The quarterly reports of
the Golf Course Landowner (or its respective successors or assigns) shall address the following, with
respect to the Development:
(i) The percentage of the infrastructure improvements that have been
completed or acquired with the proceeds of the Bonds.
(ii)
expected opening dates.
The status of construction of the golf course and golf clubhouse and
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(iii) Whether the Golf Course Landowner has made any bulk sale of the
land within the District (as defined in the Limited Offering Memorandum) other than in the ordinary
course of business.
(iv) The status of development approvals for the golf course and golf
clubhouse.
(v) Materially adverse changes or determinations to permits/approvals for
the project financed by the Bonds, the golf course and golf clubhouse which necessitate changes to
the Golf Course Landowner's land-use plans.
(vi) Updated plan of finance (Le., status of any credit enhancement,
issuance of additional bonds to complete project, draw on credit line of Golf Course Landowner,
additional mortgage debt, etc.)
(vii) A statement that no event of default has occurred under the agreements
between the Golf Course Landowner and PGA Tour (as described in the Limited Offering
Memorandum) and that such agreements are in full force and effect.
5. Reporting of Significant Events.
(a) This Section 5 shall govern the giving of notices ofthe occurrence of any of
the following events:
1. Delinquency in payment when due of any principal or interest on the
Bonds.
2. Amendment to the Indenture or this Disclosure Agreement modifying
the rights of the owners of the Bonds.
3. Giving a notice of optional or unscheduled redemption of any Bonds.
4. Defeasance of the Bonds or any portion thereof.
5. Any change in any rating of the Bonds. *
6. (A) Receipt of an opinion of nationally recognized bond counsel to
the effect that interest on the Bonds is not tax-exempt; or
(B) Any event adversely affecting the tax-exempt status of the
Bonds, including, but not limited to:
* The Bonds are not rated.
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(i) Any audit, investigation or other challenge ofthe tax-
exempt status of the Bonds by the Internal Revenue Service or in any administrative or judicial
proceeding; or
(ii) The issuance of any regulation, decision or other
official pronouncement by the Internal Revenue Service or other official tax authority or by any court
adversely affecting the tax-exempt status of the Bonds or bonds of the same type as the Bonds or
financing structures of the same type as financed by the Bonds.
7. Any unscheduled draw on the Debt Service Reserve Fund established
under the Indenture reflecting financial difficulties.
difficulties. *
8. Any unscheduled draw on credit enhancements reflecting financial
9. The release, substitution or sale of property securing repayment of the
Bonds (including property leased, mortgaged or pledged as such security). The sale of real property
in the District in the ordinary course of the Residential Developer's or Golf Course Landowner's
business shall not be a material event for purposes of the foregoing.
perform. *
10. The substitution of credit or liquidity providers or their failure to
11. Occurrence of any Event of Default under the Indenture (other than as
described in clause (1) above).
(b) The Issuer shall, within five (5) business days of obtaining actual knowledge
of the occurrence of any of the Listed Events, except events list in clauses (a) (1), (3) or (4), notify
the Dissemination Agent in writing of such event and whether or not to report the event pursuant to
subsection (e).
(c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event,
the Issuer shall file a notice ofthe occurrence of a Listed Event, with (i) the Repositories, or (ii) the
State Repository, if any, if material.
(d) If the Issuer sends notice pursuant to subsection (c) or otherwise, the Issuer
shall promptly notify the Dissemination A~ent. Such notice shall instruct the Dissemination Agent
to report the occurrence pursuant to subsection (e).
(e) If the Dissemination Agent has been instructed by the Issuer to report the
. occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the
MSRB. Notwithstanding the foregoing:
* There are currently no credit or liquidity providers for the Bonds.
FTl:1361979:3
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(i) notice of the occurrence of a Listed Event described in subsections.
(a)(l), (3) or (4) shall be given unless the Issuer gives the Dissemination Agent affirmative
instructions not to disclose such occurrence; and
(ii) notice of Listed Events described in subsections (a)(3) and (4) need not
be given under this subsection any earlier than the notice (if any) of the underlying event is given to
Holders of affected Bonds pursuant to the Indenture.
6. Termination of Disclosure Agreement. This Disclosure Agreement shall terminate
upon the defeasance, prior redemption or payment in full of all of the Bonds.
7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and
may discharge any such Dissemination Agent, with or without appointing a successor Dissemination
Agent. If at any time there is not any other designated Dissemination Agent, the Issuer shall be the
Dissemination Agent. The initial Dissemination Agent shall be Prager. The acceptance of such
designation is evidenced in the Dissemination Agreement of even date herewith, executed by the
Issuer and Prager.
8. Amendment: Waiver. Notwithstanding any other provision of this Disclosure
Agreement, the Issuer, the Residential Developer, the Golf Course Landowner and the Dissemination
Agent may amend this Disclosure Agreement, and any provision ofthis Disclosure Agreement may
be waived, if such amendment or waiver is supported by an opinion of counsel expert in federal
securities laws, acceptable to the Issuer, to the effect that such amendment or waiver would not, in
and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been
effective on the date hereof but taking into account any subsequent change in or official
interpretation of the Rule.
Notwithstanding the above provisions of this Section 8, no amendment to the provisions of
Section 4( d) hereof may be made without the consent of the Residential Developer or Golf Course
Landowner, as applicable, as long it is an Obligated Person.
In the event of any amendment or waiver of a provision of this Disclosure Agreement, the
Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a
narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in the
case of a change in accounting principles, on the presentation) of financial information or operating
data being presented by the Issuer. In addition, ifthe amendment relates to the accounting principles
to be followed in preparing financial statements: (i) notice of such change shall be given in the same
manner as for a Listed Event under Section 5(b); and (ii) the Annual Report for the year in which the
change is made should present a comparison (in narrative form and also, if feasible, in quantitative
form) between the financial statements as prepared on the basis of the new accounting principles and
those" prepared on the basis of the former accounting principles.
9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to
prevent the Issuer from disseminating any other information, using the means of dissemination set
forth in this Disclosure Agreement or any other means of communication, or including any other
FTL:1361979:3
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information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which
is required by this Disclosure Agreement. If the Issuer chooses to include any information in any
Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically
required by this Disclosure Agreement, the Issuer shall have no obligation under this Disclosure
Agreement to update such information or include it in any future Annual Report or notice of
occurrence of a Listed Event.
10. Default. In the event of a failure of the Issuer, the Disclosure Representative, the
Residential Developer, the Golf Course Landowner, or a Dissemination Agent to comply with any
provision of this Disclosure Agreement, the Trustee may (and, at the request of any Participating
Underwriter or the Holders of at least 25% aggregate principal amount of Outstanding Bonds and
receipt of indemnity satisfactory to the Trustee, shall), or any beneficial owner of a Bond may take
such actions as may be necessary and appropriate, including seeking mandate or specify performance
by court order, to cause the Issuer, the Disclosure Representative, the Residential Developer, the
Golf Course Landowner, or a Dissemination Agent, as the case may be, to comply with its
obligations under this Disclosure Agreement. A default under this Disclosure Agreement by the
Residential Developer or Golf Course Landowner shall not be deemed a default by the Issuer
hereunder and no default hereunder shall be deemed an Event of Default under the Indenture, and the
sole remedy under this Disclosure Agreement in the event of any failure of the Issuer, the Disclosure
Representative, the Residential Developer, the Golf Course Landowner, or a Dissemination Agent, to
comply with this Disclosure Agreement shall be an action to compel performance.
11. Duties of Dissemination Agent. The Dissemination Agent shall have only such duties
as are specifically set forth in this Disclosure Agreement.
12. Filing Through a Central Post Office. Any filing under this Disclosure Agreement
may be made solely by transmitting such filing to a Central Post Office. Such filing shall satisfy the
requirements hereof with respect to filings required to be made to each and every Repository and the
Issuer shall not be required to make separate filings with any of the Repositories.
13. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the
Issuer, the Residential Developer, the Golf Course Landowner, the Dissemination Agent, the
Participating Underwriter and beneficial owners of the Bonds, and shall create no rights in any other
person or entity.
14. Tax Roll. The District, through its District Manager, if applicable, agrees to provide
the Dissemination Agent with a certified copy of the tax roll provided to the Collier County Tax
Collector within 30 days of its delivery to the Broward County Tax Collector.
15. Governing Law. The laws of the State of Florida and Federal law shall govern this
Disclosure Agreement and venue shall be in Collier County, Florida.
16. Counterparts. This Disclosure Agreement may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same instrument.
FTl:1361979:3
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IN WITNESS WHEREOF, the undersigned has executed this Disclosure Agreement as of
the date and year set forth above.
[SEAL]
ATTEST:
By:
Secretary
CONSENTED TO AND AGREED TO BY:
DISTRICT MANAGER
Severn Trent Services, Inc. and its
successors and assigns
By:
Name:
Title:
FTL:1361979:3
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT, AS ISSUER
By:
Chairman, Board of Supervisors
TREVISO BAY DEVELOPMENT, LLC, AS
RESIDENTIAL DEVELOPER
By:
Name:
Title:
VK HOLDINGS TREVISO BAY GOLF COURSE,
LLC, AS GOLF COURSE LANDOWNER
By:
Name:
Title:
S-1
1 (:, r '13
PRAGER, SEALY & CO., LLC,
AS DISSEMINATION AGENT
By:
Managing Director
CONSENTED TO AND ACKNOWLEDGED BY:
W ACHOVIA BANK, NATIONAL
ASSOCIATION, AS TRUSTEE
[SEAL]
By:
Name:
Title:
FTL, 1361 979,3
S-2
EXHIBIT A
FORM OF NOTICE TO
REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer:
Wentworth Estates Community Development District
Name of Bond Issue:
$
$
Special Assessment Bonds, Series 2005A and
Special Assessment Bonds, Series 2005B
Date of Issuance:
,2005
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect
to the above-named Bonds as required by Section 3 of the Continuing Disclosure Agreement, dated
as of ,2005, by and among the Issuer and the parties named therein. The Issuer has
advised the undersigned that it anticipates that the Annual Report will be filed by ,20_.
Dated:
,20_.
, Dissemination Agent
cc: Wentworth Estates Community Development District
FTL:1361979:3
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DISSEMINATION AGREEMENT
, 2005
District Manager
Wentworth Estates Community Development District
District Offices
210 N. University Drive, Suite 702
Coral Springs, FL 33071
Dear Sir or Madam:
PRAGER, SEALY, & Co., LLC ("Prager" or the "Dissemination Agent")
hereby agrees with the Wentworth Estates Community Development
District (the "District") to act as the District's Dissemination
Agent. The duties of the Dissemination Agent are set forth in
this Dissemination Agreement (the "Agreement") and in that
certain Continuing Disclosure Agreement dated , 2005
(the "Continuing Disclosure Agreement"). The purpose of this
Agreement is to facilitate the District's compliance with the
Securities and Exchange Commission's (the "SEC's") Rule 15c2-
12 (b) (5) (the "Rule") related to continuing disclosure. Prager
is acting as an independent contractor for purposes of
facilitating the District's Rules obligations and is not an agent
of the District. Capitalized terms not otherwise defined herein
shall have the meanings assigned to them In the Continuing
Disclosure Agreement.
1. Duties:
duties as
Disclosure
The Dissemination Agent shall
are specifically set forth in
Agreement.
have only such
the Continuing
2. Fees: Prager will be responsible for all out-of-pocket
expenses. The annual fee for Prager's services under
this Agreement is $5,000 for the Series 2005 Bonds, plus
$1,000 for each additional bond issue of the District 1
subject to these disclosure requirements.
3. Assignment:
party for
outlined in
Prager reserves the right to engage a third
the purpose of carrying out the services
this Agreement.
c? ;:
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4. Termination: Both the District and Prager will have the
right to terminate this Agreement upon 30 days prior
written notice.
5. Representation of the District: The District represents
and warrants that it will not withhold any information
necessary for Prager to carry out its duties under this
Agreement and that it will supply all information
requested by Prager.
6. Indemnification: The District will indemnify Prager for
any action or actions brought by Beneficial Owners as a
result of the failure (including omission and
misrepresentation) of the District to meet its
requirements under this Agreement and the Continuing
Disclosure Agreement.
7. Responsibility for Information: The District
acknowledges and agrees that the information to be
collected and disseminated by the Dissemination Agent
will be produced by the District and the Developer. The
Dissemination Agent's duties are those of collection and
collation and not of authorship or production,
consequently the Dissemination Agent shall have no
responsibili ty for the content of the information
disseminated by it and any and all securities law
liabilities, including compliance with the Rule, will
remain with the District and the Developer.
8. Waiver of Jury Trial: EACH OF THE DISTRICT AND PRAGER
KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY.
9. Agreement Governed by Florida Law:
conditions of this Agreement shall be
laws of the State of Florida.
The terms
governed by
and
the
I . "..." '
This Agreement shall be effective upon the District's acceptance
hereof.
Very truly yours,
Lydia Kiser
Managing Director
PRAGER, SEALY & CO., LLC
Approved and Accepted:
Wentworth Estates Community Development
District
By:
Title:
Date:
mia-fslll60R911 \1IS\7nIOS\6SS4S.01 II I 110
'.,...,,
EXHIBIT G
FORM OF TRUE-UP AGREEMENT
G - 1
, -.----
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AGREEMENT BETWEEN THE WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT AND TRA VISO BAY DEVELOPMENT, LLC,
REGARDINGTHE TRUE UP AND PAYMENT OF SPECIAL ASSESSMENT BONDS,
SERIES 2005
THIS AGREEMENT entered into as of this day of , 2005, by and
between, TRA VISO BAY DEVELOPMENT, LLC, a Delaware limited liability company, its
successors and assigns (hereinafter "Developer"), and the WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government created
and existing pursuant to Chapter 190, Florida Statutes (hereinafter the "District"), located in Collier
County, Florida, and having an office at 210 North University Drive, Suite 800, Coral Springs,
Florida.
Recitals
WHEREAS, the District was established by Ordinance 2004-37 of the Board of County
Commissioners of Collier County, Florida, for the purpose of planning, financing, constructing,
installing, operating and/or maintaining certain infrastructure, including, but not limited to, water
management, water distribution, wastewater collection and transmission, roadway improvements and
other basic infrastructure projects within the boundaries of the District; and
WHEREAS, the Developer is the major landowner and/or developer of certain lands in
Collier County, Florida, located within the boundaries of the District (the "Development"); and,
WHEREAS, the District, pursuant to Chapter 190, Florida Statutes, is authorized to levy
such taxes, special assessments, fees and other charges as may be necessary in furtherance of the
District's activities and services; and
WHEREAS, a Final Judgment was issued validating the authority of the District to issue
Wentworth Estates Community Development District (Collier County, Florida) Special Assessment
Bonds, Series 2005A and Series 2005B , collectively (the "Series 2005 Bonds"), to finance certain
improvements and facilities within the District (the "Validation Judgment"); and
WHEREAS, under the Validation Judgment, the District is presently in the process of
issuing $ , Series 2005 Bonds, to finance the design, construction or acquisition of
certain infrastructure improvements and facilities necessitated by development within the District;
and
WHEREAS, the infrastructure improvements and facilities to be financed by the Series 2005
Bonds are more specifically described and identified in the Engineers Report adopted
Page 1 of 8
I 1
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,2004 pursuant to Resolution 2004-18 and attached thereto as exhibit A (the "Series
2005 Improvements"); and
WHEREAS, the District has taken certain steps necessary to impose special assessments
upon the benefitted lands within the District pursuant to Chapters 170 and 190, Florida Statutes, as
security for the Series 2005 Bonds; and
WHEREAS, the District's special assessments securing the Series 2005 Bonds were
imposed on those benefitted lands within the District as more specifically described in Resolution
2004-18, which is attached hereto and incorporated herein by reference as Exhibit A (the "Series
2005 Assessments"); and
WHEREAS, as of the date of this Agreement, Developer is developing the majority of the
real property within the District that benefits or will benefit from the Series 2005 Improvements
financed by the Series 2005 Bonds; and
WHEREAS, Developer agrees that the lands within the District benefit from the timely
design, construction or acquisition of the Series 2005 Improvements; and
WHEREAS, Developer agrees that the Series 2005 Assessments that were imposed on the
lands within the District have been validly imposed and constitute valid, legal and binding liens upon
the lands within the District; and
WHEREAS, Developer waives any rights it may have under Section 170.09, Florida
Statutes, to prepay the Series 2005 Assessments within thirty (30) days after completion of the Series
2005 Improvements; and
WHEREAS, Developer waives any defect in notice or publication or in the proceedings to
levy, impose and collect the Series 2005 Assessments on the lands within the District; and
WHEREAS, the Assessment Report, dated July 6,2004, and attached to Resolution 2004-18
as exhibit B, as amended on , (the "District's Series 2005 Assessment
Report"), provides that as the lands within the District are platted and site plans are approved, the
allocation of the amounts assessed to and constituting a lien upon the lands within the District would
be calculated based upon certain density assumptions relating to the number of each type of
residential unit to be constructed on the developable acres within the District, which assumptions
were provided by Developer; and
WHEREAS, Developer intends to plat and develop the lands within the District based on
then-existing market conditions, and the actual densities developed may be at some density less than
the densities assumed in the District's Series 2005 Assessment Report; and
Page 2 of 8
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WHEREAS, the District's Series 2005 Assessment Report anticipates a mechanism by
which the Developer shall make certain payments to the District in order that the amount of 2005
Assessments on unplatted lands will not exceed the amount as described in the District's Series 2005
Assessment Report (which payments shall collectively be referenced as the "True Up Payment");
and
WHEREAS, Developer and District desire to enter into this agreement to confirm
Developer's intentions and obligations to make the True Up Payment related to the Series 2005
Assessments.
NOW, THEREFORE, based upon good and valuable consideration and the mutual
covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the
parties agree as follows:
Section 1. Incorporation of Recitals. The recitals stated above are true and correct and by
this reference are incorporated by reference as a material part of this Agreement.
Section 2. Validity of Assessments. Developer agrees that Resolution 2004-18 has been
duly adopted by the District. Developer further agrees that the Series 2005 Assessments imposed
as a lien by the District are legal, valid and binding liens on the land against which assessed until
paid, coequal with the lien of all state, county, district and municipal taxes, and superior in dignity
to all other liens, titles and claims. Developer hereby waives and relinquishes any rights it may have
to challenge, object to or otherwise fail to pay such Series 2005 Assessments.
Section 3. Covenant to Pay. Developer agrees and covenants to timely pay all such Series
2005 Assessments levied and imposed by the District pursuant to Resolution 2004-18 on assessable
acres owned by the Developer, whether the Series 2005 Assessments are collected by the Tax
Collector pursuant to Section 197.3632, Florida Statutes, by the District, or by any other method
allowable by law. Developer further waives any rights it may have under Section 170.09, Florida
Statutes, to prepay the Series 2005 Assessments without interest within thirty (30) days of
completion of the Series 2005 Improvements.
Section 4. Special Assessment Reallocation.
A. Assumptions as to Series 2005 Assessments. As ofthe date of the execution of
this Agreement, Developer has informed the District that Developer plans to construct or provide
for the construction of a total of 1,200 single family and multi family residential dwelling units, and
a golf course/club within the boundaries of the District.
B. Process for Reallocation of Assessments. The Series 2005 Assessments will be
reallocated as parcels ofland or lots are conveyed. In connection with such conveyances, the Series
2005 Assessments imposed on the acreage being conveyed will be allocated based upon the precise
Page 3 of 8
1611
number of units within each product type being conveyed. In furtherance thereof, at such time as
acreage is to be conveyed, Developer covenants that such parcels or lots shall be presented to the
District. The District shall allocate the Series 2005 Special Assessments to the product types on the
parcels or lots being conveyed and the remaining property in accordance with the District's Series
2005 Assessment Report and cause such Reallocation to be recorded in the District's Improvement
Lien Book.
(i). As parcels of land or lots are conveyed and assessments are allocated, the
District's Series 2005 Assessment Report provides that the debt per assessable acre remaining on
the unplatted land shall not exceed the $ Ceiling Debt Per Acre Level. It is an
express condition of the lien established by Resolution 2004-18 that any and all initial conveyances
of the lands within the District, as the District's boundaries may be amended from time to time, shall
be presented to the District Manager for review, approval and calculation of the percentage of acres
and number of units which will be, after the conveyance, considered to be conveyed. No further
action by the Board of Supervisors shall be required. The District's review shall be limited solely
to the above described function and the enforcement of the District's assessment lien.
(ii). The District Manager shall cause the Special Assessments to be reallocated to
the units being conveyed and the remaining property in accordance with the District's Series 2005
Assessment Report, cause such reallocation to be recorded in the District's Improvement Lien Book,
and shall perform the true up calculations described in the District's Series 2005 Assessment Report,
which process is incorporated herein as if fully set forth. Any resulting True-Up Payment shall
become due and payable prior to the District's approval of the conveyance in accordance with the
District's Series 2005 Assessment Report and in addition to the regular assessment installment
payable for lands owned by the Landowner for that tax year. When the final parcel or lot
conveyance is presented to the District for review, approval and reallocation of the Series 2005A
Assessments, the above described process for determining whether a final True Up Payment is due
and owing shall be adhered to. The District shall not release the lien of the assessments on any
developable land subject to assessment until the applicable True Up Payments due, if any, have been
made. As evidence of a True-Up Payment due and payable, the District may record a Notice of Lien
of unpaid assessments over said lands, in the official records of Collier County, Florida, until such
time as the True-Up payment has been paid to the District. The District will ensure collection of
such amounts in a timely manner in order to meet its debt service obligations, and in all cases,
Landowner agrees that such payments shall be made in order to ensure the District's timely payment
of the debt service obligations on the Series 2005 Bonds. The District shall record all True Up
Payments in its Improvement Lien book.
(iii). The foregoing is based on the District's understanding with Developer that
Developer may plat or approve as many as 1,200 single family and multi family residential
dwelling units, and a golf course/club on the developable acres within the District and is intended
to provide a formula to ensure that the appropriate ratio ofthe Series 2005 Assessments to
developable acres is maintained ifless than 1,200 single family and multi family residential
Page 4 of 8
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dwelling units, and a golf course/club are platted and/or approved. However, the District agrees
that nothing herein prohibits more than 1,200 single family and multi family residential dwelling
units, and a golf course/club from being platted or approved. In no event shall the District collect
Series 2005 Assessments pursuant to Resolution 2004-18 in excess of the total debt service
related to the Series 2005 Improvements, including all costs of financing and interest. Ifthe strict
application of the True-Up methodology to any assessment reallocation for any parcel or lot
conveyance pursuant to this paragraph would result in assessments collected in excess of the
District's total debt service obligation for the Series 2005 Improvements, the District agrees to
take appropriate action by resolution to equitably reallocate the assessments. Further, upon the
District's approval of the parcel or lot conveyancefor the developable acres, the debt for any
unallocated special assessments shall become due and payable and must be paid prior to the
District's approval of that plat or site plan.
Section S. Enforcement. This Agreement is intended to be an additional method of
enforcement of Developer's obligation to pay the Series 2005 Assessments on assessable acres
owned by the Developer and to abide by the requirements of the Reallocation of Special
Assessments, including the making of the True Up Payment, as set forth in Resolution 2004-18.
A default by any party under this Agreement shall entitle the other party to all remedies available
at law or in equity, which shall include, but not be limited to, the right of damages and specific
performance.
Section 6. Recovery of Costs and Fees. In the event any party is required to enforce
this Agreement by court proceedings or otherwise, then each prevailing party, as determined by
the applicable court or other dispute resolution provider, shall be entitled to recover from the
non-prevailing party or parties all fees and costs incurred, including reasonable attorneys' fees
and costs incurred prior to or during any litigation or other dispute resolution and including all
fees and costs incurred in appellate proceedings.
Section 7. Notice. All notices, requests, consents and other communications hereunder
("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage
prepaid, or sent by facsimile or hand delivered to the parties, as follows:
A.
If to District:
Wenrtworth Estates
Community Development District
210 N. University Drive, Suite 800
Coral Springs, FL 33071
Attn: District Manager
With a copy to:
Hopping Green & Sams, P.A.
123 S. Calhoun Street
Tallahassee, FL 32301
Attn: Jonathan T. Johnson
Page 5 of 8
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t
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B.
If to Developer:
Traviso Bay Development, LLC.
Attn:
With a copy to:
Except as otherwise provided herein, any Notice shall be deemed received only upon
actual delivery at the address or facsimile number set forth herein. If mailed as provided above,
Notices shall be deemed delivered on the third business day unless actually received earlier.
Notices hand delivered after 5:00 p.m. (at the place of delivery), or on a non-business day, shall
be deemed received on the next business day. If any time for giving Notice contained in this
Agreement would otherwise expire on a non-business day, the Notice period shall be extended to
the next succeeding business day. Saturdays, Sundays and legal holidays recognized by the
United States government shall not be regarded as business days. Counsel for the parties may
deliver Notice on behalf of the parties. Any party or other person to whom Notices are to be sent
or copied may notify the other parties and addressees of any change in name, address or facsimile
number to which Notices shall be sent by providing the same on five (5) days written notice to
the parties and addressees set forth herein.
Notwithstanding the foregoing, to the extent Florida law requires notice to enforce the
collection of assessments placed on property by the District, then the provision of such notice
shall be in lieu of any additional notice required by this Agreement.
Section 8. Assignment. No party may assign their rights, duties or obligations under this
Agreement or any monies to become due hereunder without the prior written consent of each
other party which consent shall not be unreasonably withheld.
Section 9. Amendment. This Agreement shall constitute the entire agreement between
the parties regarding the matters contained herein and may be modified in writing only by the
mutual agreement of all parties.
Section 10. Termination. This Agreement shall continue in effect until it is rescinded in
writing by the mutual assent of each party.
Section 11. Negotiation at Arm's Length. This Agreement has been negotiated fully
between the parties as an arms length transaction. All parties participated fully in the preparation
of this Agreement and received the advice of counsel. In the case of a dispute concerning the
interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen
and selected the language, and the doubtful language will not be interpreted or construed against
either party.
Page 6 of 8
1~61J
Section 12. Beneficiaries. This Agreement is solely for the benefit of the fonnal parties
herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit
of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is
intended or shall be construed to confer upon any person or corporation other than the parties
hereto any right, remedy or claim under or by reason of this Agreement or any provisions or
conditions hereof; and all of the provisions, representations, covenants and conditions herein
contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their
respective representatives, successors and assigns.
Section 13. Limitations on Governmental Liability. Nothing in this Agreement shall
be deemed as a waiver of immunity or limits of liability of the District beyond any statutory
limited waiver of immunity or limits of liability that may have been adopted by tbe Florida
Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement
shall inure to the benefit of any third party for the purpose of allowing any claim that would
otherwise be barred under the Doctrine of Sovereign hnmunity or by operation of law.
Section 14. Applicable Law. This Agreement shall be governed by the laws of the State
of Florida.
Section 15. Execution in Counterparts. This instrument may be executed in any
number of counterparts, each of which, when executed and delivered, shall constitute an original,
and such counterparts together shall constitute one and the same instrument. Signature and
acknowledgment pages, if any, may be detached from the counterparts and attached to a single
copy of this document to physically form one document.
Section 16. Effective Date. This Agreement shall become effective after execution by
the parties hereto on the date reflected above.
Section 17. Public Records. The Developer understands and agrees that all documents
of any kind provided to the District or to District Staff in connection with the activities
contemplated under this Agreement may be public records and may be treated as such in
accordance with Florida law.
Page 7 of 8
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ii"
IN WITNESS WHEREOF, the parties execute this agreement the day and year first
written above.
Attest:
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
Title:
Attest:
TRA VISO BAY DEVELOPMENT, LLC, a
Delaware limited liability company
By:
Its:
Title:
Resolution 2004-18, with attachments
Exhibit A:
Page 8 of 8
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mia-fsl\lfi0891IvtI5\7/7/05\fi5545.01011l0
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EXHIBIT H
FORM OF COMPLETION AGREEMENT
H-l
16/1
AGREEMENT BETWEEN THE WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT AND TRA VISO BAY DEVELOPMENT, LLC,
REGARDING THE
COMPLETION OF INFRASTRUCTURE IMPROVEMENTS
THIS AGREEMENT entered into as of this day of ,2005, by and
between, TRA VISO BAY DEVELOPMENT, LLC, a Delaware limited liability company, its
successors and assigns (hereinafter "Developer"), and the WENTWORTH EST A TES
CO MMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government created
and existing pursuant to Chapter 190, Florida Statutes (hereinafter the "District"), located in Collier
County, Florida, and having an office at 210 North University Drive, Suite 800, Coral Springs,
Florida.
RECITALS
WHEREAS, Developer is the owner and/or developer of certain lands in Collier County,
Florida, located within the boundaries of the District (hereinafter the "Development"); and
WHEREAS, the District is a community development district located in Collier County,
Florida, which was established to plan, construct, install, acquire, finance, manage and operate public
improvements and community facilities pursuant to Chapter 190, Florida Statutes; and
WHEREAS, the District presently intends to finance the planning, design, acquisition,
construction and installation of certain infrastructure improvements and facilities as detailed in the
District's adopted Improvement Plan attached hereto as Exhibit A (the "District's Improvements");
and
WHEREAS, the District presently is issuing bonds under the terms of the District's Master
Trust Indenture dated _, 2005, and First Supplemental Indenture dated
_, 2005 ("Series 2005 Bonds"), to construct or acquire the District's
Improvements; and
WHEREAS, the parties acknowledge that such monies are insufficient to allow the District
to construct or acquire all of the District's Improvement; and
WHEREAS, the Developer desires to complete the balance ofthe District's Improvements,
or cause such Improvements to be completed, for the benefit of the District, its landowners and
residents.
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the District and Developer agree as follows:
-1-
SECTION 1. GENERAL. The recitals so stated are true and correct and by this
reference are incorporated into and form a material part of this Agreement.
SECTION 2. COMPLETION BY DEVELOPER. In consideration of the District
seeking the issuance of the Series 2005 Bonds, and in the event that the proceeds ofthe Series 2005
Bonds are insufficient to allow the District to complete the District's Improvements described in the
attached Exhibit A, the Developer, at its sole cost and without further reimbursement from the
District, shall complete the District's Improvements, or cause such Improvements to be completed,
and convey the same to the District for the benefit of the District, its landowners and residents.
Alternatively, and with the agreement by the District, the Developer may, upon completion of said
District Improvements, convey them to another governmental body for operation and maintenance
on behalf of the District. Developer may elect to satisfY its obligation by providing sufficient funds
to the District to enable the District to complete the District's Improvements. In the event the
Developer so elects, the District agrees that it shall expeditiously undertake the completion of the
District's Improvements. In the alternative, if the Developer agrees to construct the District's
Improvements, Developer agrees to construct the same in compliance with all permits and other
governmental laws, regulations and requirements.
SECTION 3. REAL PROPERTY. Developer agrees that upon conveyance of any
District Improvements described in Section 2 above, it will also convey the necessary interests in
any real property necessary for the operation and maintenance of the District Improvement. Said
interest in real property may, in the discretion of the District, be fee title, an easement, a license, or
other interest in real property. If real property is to be conveyed to a third party governmental entity,
the parties agree to cooperate in good faith and assist with the timely conveyance of the real property
to the third party governmental entity.
SECTION 4. AMENDMENT. Amendments to and waivers of the provisions
contained in this Agreement may be made only by an instrument in writing that is executed by both
of the parties hereto.
SECTION 5. AUTHORITY TO CONTRACT. The execution of this Agreement
has been duly authorized by the appropriate body or official of all parties hereto, each party has
complied with all the requirements of law, and each party has full power and authority to comply
with the terms and provisions of this instrument.
SECTION 6. ASSIGNMENT. Developer may not assign this Agreement without
the prior written approval of the District. Any assignments attempted to be made by Developer
without the prior written approval of the District are void.
SECTION 7. EFFECTIVE DATE. This Agreement shall have an effective date as
of the date first written above.
-2-
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SECTION 8. NEGOTIA nON AT ARM'S LENGTH. This Agreement has been
negotiated fully between the parties as an arm's length transaction. Both parties participated fully
in the preparation of this Agreement and received the advice of counsel. In the case of a dispute
concerning the interpretation of any provision of this Agreement, both parties are deemed to have
drafted, chosen and selected the language, and the doubtful language will not be interpreted or
construed against either party.
SECTION 9. DEFAULT. A default by the Developer under this Agreement shall
entitle the District to all remedies available at law or in equity, which may include, but not be limited
to, the right of damages, injunctive relief and specific performance. A default by the District under
this Agreement shall entitle the Developer to all remedies available at law or in equity, which may
include, but not be limited to, the right of damages, injunctive relief and specific performance.
SECTION 10. ENFORCEMENT OF AGREEMENT. In the event that the District
is required to enforce this Agreement by court proceedings or otherwise, then the Developer agrees
that if the District is the prevailing party then the District shall be entitled to recover from the
Developer all fees and costs incurred, including reasonable attorneys' fees and costs for trial,
alternative dispute resolution or appellate proceedings. In the event that the Developer is required
to enforce this Agreement by court proceedings or otherwise, then the District agrees that if the
Developer is the prevailing party then the Developer shall be entitled to recover from the District all
fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute
resolution or appellate proceedings.
SECTION 11. PUBLIC RECORDS. The Developer understands and agrees that all
documents of any kind provided to the District or to District Staff in connection with the activities
contemplated under this Agreement may be public records and may be treated as such in accordance
with Florida law.
SECTION 12. SEVERABILITY. The invalidity or unenforceability of anyone or
more provisions of this Agreement shall not affect the validity or enforceability of the remaining
portions of this Agreement, or any part thereof.
SECTION 13. EXECUTION IN COUNTERPARTS. This instrument may be
executed in any number of counterparts, each of which, when executed and delivered, shall
constitute an original, and such counterparts together shall constitute one and the same instrument.
Signature and acknowledgment pages, if any, may be detached from the counterparts and attached
to a single copy of this document to physically form one document.
SECTION 14. SOVEREIGN IMMUNITY. Developer agrees that nothing herein
shall constitute or be construed as a waiver of the District's limitations on liability contained in
Section 768.28, Florida Statutes, or other statutes or law.
-3-
,.\ ,
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SECTION 15. THIRD PARTY BENEFICIARIES. This Agreement is solely for the
benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person or corporation other
than the parties hereto any right, remedy or claim under or by reason of this Agreement or any
provisions or conditions hereof; all of the provisions, representations, covenants and conditions
herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and
their respective representatives, successors and assigns.
SECTION 16. ENTIRE AGREEMENT. This instrument shall constitute the final
and complete expression of the agreement between the parties relating to the subject matter of this
Agreement. However, this Agreement shall not modify or terminate the respective rights and
obligations of the parties under the existing agreement for the acquisition of District's Improvements.
Attest:
WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT
Title:
Attest:
TRAVISO BAY DEVELOPMENT, LLC, a
Delaware limited liability company
By:
Its:
Title:
Exhibit A
Improvement Plan dated
_,2004
-4-
41!
mia-fsIl1608911 vI)5\71710\\fi.\545.1) 10 IIlIl
1611"
EXHIBIT I
FORM OF ACQUISITION AGREEMENT
E - 1
AGREEMENT BETWEEN THE WENTWORTH ESTATES COMMUNITY
DEVELOPMENT DISTRICT AND TRA VISO BAY DEVELOPMENT, LLC,
REGARDING THE ACQUISITION OF CERTAIN
WORK PRODUCT AND REAL PROPERTY.
THIS AGREEMENT entered into as of this day of , 2005, by and
between, TRA VISO BAY DEVELOPMENT, LLC, a Delaware limited liability company, its
successors and assigns (hereinafter "Developer"), and the WENTWORTH EST A TES
COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government created
and existing pursuant to Chapter 190, Florida Statutes (hereinafter the "District"), located in Collier
County, Florida, and having an office at 210 North University Drive, Suite 800, Coral Springs,
Florida
RECITALS
WHEREAS, Developer is the owner and developer of certain lands in Collier County,
Florida, located within the boundaries of the District (hereinafter the "Development"); and
WHEREAS, the District is a community development district located in Collier County,
Florida, which was established to plan, construct, install, acquire, finance, manage and operate public
improvements and community facilities pursuant to Chapter 190, Florida Statutes; and
WHEREAS, the District presently intends to finance the planning, design, acquisition,
construction and installation of certain infrastructure improvements and facilities as detailed in the
District's adopted Improvement Plan dated _, 2004 attached hereto as
Exhibit A (the "District's Improvements"), which may be amended from time to time, through the
issuance of one or more series of tax exempt bonds or other forms of indebtedness; and
WHEREAS, the District has not had sufficient monies on hand in order to allow the District
to contract directly for the preparation of certain necessary surveys, reports, drawings, plans, permits,
specifications and related documents that will allow the timely commencement and completion of
construction of the infrastructure facilities and services contemplated in Exhibit A (the "Work
Product"); and
WHEREAS, the District acknowledges Developer's need to commence development of the
lands within the District in an expeditious and timely manner; and
WHEREAS, in order to avoid a delay in the commencement of the construction of
infrastructure, which delay would also delay Developer from implementing its planned development
program, Developer has created the Work Product and wishes to provide for the acquisition of the
Work Product by the District; and
i
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16'1
WHEREAS, Developer acknowledges that upon its conveyance, the District will have the
right to use and rely upon said Work Product for the purposes for which said Work Product is
intended; and
WHEREAS, the District desires to acquire ownership of the completed Work Product, as
well as the right to use and rely upon the same; and
WHEREAS, Developer has offered to donate certain necessary real property interests to the
District to enable construction of certain infrastructure and facilities identified in Exhibit A,
including titles or easements as determined by the parties; and
WHEREAS, the District desires to acquire ownership of all necessary real property interests
from Developer, including titles or easements as determined by the parties, to allow construction of
certain infrastructure and facilities.
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the District and Developer agree as follows:
SECTION 1. GENERAL. The recitals so stated are true and correct and by this
reference are incorporated into and form a material part of this Agreement and Assignment.
SECTION 2.
WORK PRODUCT.
A. COST. The District agrees to pay the actual reasonable cost incurred by
Developer in preparation of the Work Product in accordance with the provisions of this Agreement.
Developer shall provide copies of invoices, bills, receipts or other evidence of costs incurred by
Developer for the Work Product. The District Engineer shall review all evidence of cost and shall
present to the District Board for consideration the total actual amount of cost that, in the District
Engineer's sole opinion, is reasonable for the Work Product. The District Engineer's opinion as to
cost shall be set forth in an Engineer's Certificate. In the event that the Developer disputes the
District Engineer's opinion as to cost, the parties agree to use good faith best efforts to resolve such
dispute. If the parties are unable to resolve any such dispute, the parties agree to jointly select a third
party engineer whose decision as to any such dispute shall be binding upon the parties. Such a
decision by a third party engineer shall be set forth in a Supplemental Engineer's Certificate. The
parties agree and acknowledge that the Work Product is being acquired for use by the District in
connection with the construction of the District's Improvements.
B. CONVEYANCE AND ACCEPTANCE. The Developer agrees to convey to the
District, in one or more transactions, the Work Product as necessary for the District to timely
undertake construction of the District's Improvements. The District and the Developer agree that
in the event the District requires the Work Product to undertake construction, but does not yet have
the funds available to pay the actual reasonable cost as determined in Section 2A above, the
2
"",^~,"'~"-~~'._'--~'-~-'-~-~'
f,
Developer agrees to convey said Work Product and the District agrees to take all reasonable actions
necessary to include the costs of the Work Product in the next financing of District Improvements;
provided, however, that if the District does not or cannot issue bonds to provide the funds for the
Work Product within four (4) years ofthe date ofthis Agreement, and, thus, does not pay the actual
reasonable cost incurred by Developer in preparation of the Work Product in accordance with the
provisions of this Agreement, then the parties agree that such funds shall be deemed paid in lieu of
taxes, fees or assessments that might be levied or imposed by the District.
C. RELEASE AND ACCEPTANCE. Developer agrees to release to the District all
right, title and interest that the Developer may have in and to the above described Work Product, as
well as all common law, statutory and other reserved rights, including all copyrights therein and
extensions and renewals thereof under United States Law and throughout the world and all
publication rights and all subsidiary rights and other rights in and to the Work Product in all forms,
mediums and media, now known or hereinafter devised upon acquisition of the same by the District.
To the extent determined necessary by the District, Developer shall obtain all releases from any
professional providing services in connection with the Work Product to enable the District to use and
rely upon the Work Product. Such releases may include, but are not limited to, any architectural,
engineering or other professional services. Such releases shall be provided in a timely manner in the
sole discretion of the District.
D. USE AND RELIANCE. Developer acknowledges the District's right to use and
rely upon the Work Product for the purposes for which it is intended.
E. WARRANTY. Developer agrees to warrant that, to the best of its knowledge,
the Work Product is fit for the purposes to which it will be put by the District, including, but not
limited to, the construction and installation of the District's Improvements as contemplated by
Exhibit A; provided, however, that Developer may provide such a warranty from a third party
acceptable to the District. The Developer shall assign to the District any warranties, indemnifications
or other third-party commitments relating to such Work Product as may be assigned.
G. ACCESS. The District agrees to allow Developer access to and use of the Work
Product without the payment of any fee by Developer. However, to the extent Developer's access
to and use of the Work Product causes the District to incur any cost or expense, such as copying
costs, Developer agrees to pay such cost or expense.
SECTION 3.
CONVEYANCE OF REAL PROPERTY INTERESTS.
A. REAL PROPERTY INTERESTS. The Developer agrees to donate all necessary
real property interests to the District for District Improvements, including title or easements as
determined by the parties. This conveyance may occur in one or more closings. Developer agrees
to provide to the District, at or prior to the Acquisition Date, the following, if applicable: (i)
appropriate warranty deeds or other instruments of conveyance acceptable to the District and (ii)
legal descriptions, whether by metes and bounds or other reference to plats or recorded data to the
satisfaction of the District. Developer and the District agree that reasonable future adjustments to
3
1611
the legal descriptions may be made in order to accurately describe lands conveyed to the District and
lands that remain in Developer's ownership. The parties agree to cooperate and act in good faith in
relation to any such adjustment(s) to legal descriptions. The parties agree that any land transfers
made to accommodate such adjustments shall be accomplished by donation. The District reserves
the right, consistent with the covenants in its bond documents, to require title insurance or an opinion
of title at the expense of the Developer. Costs associated with the closing on all transfers of real
property, including those to third party governmental bodies, shall be borne by the Developer.
B. CONVEYANCE TO THIRD PARTIES. Ifreal property is to be conveyed to a
third party governmental entity, the parties agree to cooperate in good faith and assist with the timely
conveyance of the real property to the third party governmental entity.
SECTION 4. ENTIRE AGREEMENT. This instrument shall constitute the final
and complete expression of the agreement between the parties relating to the subject matter ofthis
Agreement.
SECTION 5. AMENDMENT. Amendments to and waivers of the provisions
contained in this Agreement may be made only by an instrument in writing that is executed by both
of the parties hereto.
SECTION 6. AUTHORITY TO CONTRACT. The execution of this Agreement
has been duly authorized by the appropriate body or official of all parties hereto, each party has
complied with all the requirements oflaw and each party has full power and authority to comply with
the terms and provisions of this instrument.
SECTION 7. ASSIGNMENT. This Agreement may be assigned, in whole or in
part, by either party only upon the written consent of the other, which consent shall not be
unreasonably withheld.
SECTION 8. EFFECTIVE DATE. This Agreement shall have an effective date as
of the date first written above.
SECTION 9. NEGOTIATION AT ARM'S LENGTH. This Agreement has been
negotiated fully between the parties as an arm's length transaction. Both parties participated fully
in the preparation of this Agreement and received the advice of counsel. In the case of a dispute
concerning the interpretation of any provision of this Agreement, both parties are deemed to have
drafted, chosen and selected the language, and the doubtful language will not be interpreted or
construed against either party.
SECTION 10. DEF A UL T. A default by the Developer under this Agreement shall
entitle the District to all remedies available at law or in equity, which may include, but not be limited
to, the right of damages, injunctive relief and specific performance. A default by the District under
4
this Agreement shall entitle the Developer to all remedies available at law or in equity, which may
include, but not be limited to, the right of damages, injunctive relief and specific performance.
SECTION 11. ENFORCEMENT OF AGREEMENT. In the event that the District
is required to enforce this Agreement by court proceedings or otherwise, then the Developer agrees
that if the District is the prevailing party then the District shall be entitled to recover from the
Developer all fees and costs incurred, including reasonable attorneys' fees and costs for trial,
alternative dispute resolution or appellate proceedings. In the event that the Developer is required
to enforce this Agreement by court proceedings or otherwise, then the District agrees that if the
Developer is the prevailing party then the Developer shall be entitled to recover from the District all
fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute
resolution or appellate proceedings.
SECTION 12. PUBLIC RECORDS. The Developer understands and agrees that all
documents of any kind provided to the District or to District Staff in connection with the activities
contemplated under this Agreement may be public records and may be treated as such in accordance
with Florida law.
SECTION 13. SEVERABILITY. The invalidity or unenforceability of anyone or
more provisions of this Agreement shall not affect the validity or enforceability of the remaining
portions of this Agreement, or any part thereof.
SECTION 14. EXECUTION IN COUNTERPARTS. This instrument may be
executed in any number of counterparts, each of which, when executed and delivered, shall
constitute an original, and such counterparts together shall constitute one and the same instrument.
Signature and acknowledgment pages, if any, may be detached from the counterparts and attached
to a single copy of this document to physically form one document.
SECTION 15. SOVEREIGN IMMUNITY. Developer agrees that nothing herein
shall constitute or be construed as a waiver of the District's limitations on liability contained in
Section 768.28, Florida Statutes, or other statutes or law.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
221399.1
5
Attest:
Secretary
Attest:
Name:
Exhibit A
221399.1
Improvement Plan dated
16/1
WENTWORTH ESTATES
COMMUNITY
DEVELOPMENT DISTRICT
Title:
TRAVISO BAY DEVELOPMENT, LLC,
a Delaware limited liability company
Name:
Title:
_,2004
6
Naples, Florida
July 18, 2005
The Board of Supervisors of Wentworth Estates Community Development District (the
"District") met in public session at Johnson Engineering Inc., 2530 Stanford Court, Naples,
Florida, at 10:00 a.m. on July 18, 2005. Upon call of the roll the following were found to be
present and to constitute a quorum:
Howard Taylor, Chairman
Chris Gray, Vice Chairman
Cheryl Deering, Assistant Secretary
Matthew Mathias, Assistant Secretary
Matthew Rocco, Assistant Secretary
Absent: None
It was announced by
of a resolution:
, that the purposes of the meeting included the adoption
(a) authorizing the issuance and sale by the District of not to exceed a combined
aggregate principal amount of $70,000,000 of its Wentworth Estates Community Development
District (Collier County, Florida) Special Assessment Bonds, Series 2005A (the "Series 2005A
Bonds") and its Wentworth Estates Community Development District (Collier County, Florida)
Special Assessment Bonds, Series 2005B (the "Series 2005B Bonds" and together with the
Series 2005A Bonds, the "Series 2005 Bonds"), and providing for the determination of certain
details of the Series 2005 Bonds, which Series 2005A Bonds are being issued to provide funds
for the purpose of (i) the payment of a portion of the costs of the Series 2005 Project, (ii) the
payment of interest on the Series 2005A Bonds for a period no longer than through November 1,
2007, (iii) the funding of the Series 2005A Debt Service Reserve Account, and (iv) payment of a
portion of the costs of issuance of the Series 2005 Bonds, and which Series 2005B Bonds are
being issued to provide funds for the purpose of (i) the payment of a portion of the costs of the
Series 2005 Project, (ii) the payment of interest on the Series 2005B Bonds for a period no
longer than through November 1, 2007, (iii) the funding of the Series 2005B Debt Service
Reserve Account, and (iv) payment of a portion of the costs of issuance of the Series 2005
Bonds;
(b) authorizing the execution and delivery of a Master Trust Indenture and a First
Supplemental Trust Indenture,
(c) authorizing the negotiated sale of the Series 2005 Bonds,
(d) authorizing the execution and delivery of a Bond Purchase Contract with respect to
the Series 2005 Bonds and the sale of the Series 2005 Bonds to the underwriter named therein
within certain parameters,
mia-fsl\160891! v05\7/7/05\65545.1I1 0 I 00
~ ~
.",
16/1
(e) approving the form and authorizing the distribution and use of a Preliminary Limited
Offering Memorandum in connection with the offering for sale by the District of the Series 2005
Bonds, and authorizing the execution and delivery of a final Limited Offering Memorandum,
(f) authorizing the execution and delivery of a Continuing Disclosure Agreement and a
Dissemination Agent Agreement,
(g) authorizing the execution and delivery of a True-Up Agreement,
(h) authorizing the execution and delivery of a Completion Agreement,
(i) authorizing the execution and delivery of an Acquisition Agreement,
(j) providing for the application of proceeds of the Series 2005 Bonds, and
(k) making other provisions in connection with the issuance and delivery of the Series
2005 Bonds.
The Series 2005 Project consists of the acquisition and construction of roadway
improvements, a storm water management system, landscaping, water and sewer facilities,
irrigation system, wetland mitigation and off-site improvements pursuant to the Act for the
special benefit of the District Lands (as further described in Exhibit A to the hereinafter
described First Supplemental Trust Indenture).
Thereupon the following resolution was introduced in written form by
pursuant to motion made by , and seconded by
the following vote:
and
, was adopted by
AYE:
Howard Taylor
Chris Gray
Cheryl Deering
Matthew Mathias
Matthew Rocco
NAY: None
The resolution was thereupon declared adopted, signed by the Chairman and attested by the
Secretary. The resolution reads in full as follows:
mia-[slI161189] Ivll5\7171115\65545.1I11111111
2
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...
RESOLUTION 2005-4
A RESOLUTION APPROVING THE BUDGET FOR FISCAL
YEAR 2006 AND SETTING A PUBLIC HEARING THEREON
PURSUANT TO FLORIDA LAW
WHEREAS, the District Manager has heretofore prepared and submitted to the Board a
proposed operating budget for Fiscal Year 2006; and
WHEREAS, the Board of Supervisors has considered said proposed budget and desires to
set the required public hearing thereon;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT;
1. The operating budget proposed by the District Manager for Fiscal Year 2006 is
hereby approved as the basis for conducting a public hearing to adopt said budget.
2. A public hearing on said approved budget is hereby declared and set for the following
date, hour and place:
Date:
September 19,2005
Hour:
10:00 a.m.
Place:
Johnson Engineering
2350 Stanford Court
Naples, Florida 34112
Notice of this public hearing shall be published in the manner prescribed in Florida Law.
Adopted this 18th day of July, 2005.
111;::
Howard Taylor
~
Assistant Secretary
· t\'
16 .\~
) , ~"
Wentworth Estates
Community Development District
Proposed Operating and Debt Service Budget
Fiscal Year 2006
Section
Summary of All Funds
General Fund 001
Summary
District Administration
Exhibit "A' - Assessment Comparison
Wentworth Estates
Community Development District
Table of Contents
Fiscal Year 2006
~
1-3
4-5
6-7
., .4
&',,: 141
U J" ..
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1
'i
Wentworth Estates
Community Development District
Summary of All Funds
Fiscal Year 2006
16'11
!
;
Summary by Fund
Actual
FY 2004
Revenues
General Fund 001
Debt Service Fund 201
Debt Service Fund 202
Total Revenues
$8,418
$0
$0
$8,418
Expenditures
General Fund 001
Debt Service Fund 201
Debt Service Fund 202
,
Total Expenditures
$8,418
$0
$0
$8,418
Actual
FY 2004
Reserves
General Fund 001
Debt Service Fund 201
Debt Service Fund 202
Total Reserves
$0
$0
$0
$0
Page 1
Budget
FY 2005
$104,095
$0
$0
$104,095
$104,095
$0
$0
$104.095
Budget
FY 2005
,-"...t-_...~,~-_....,_..-...._,_.<-_.-
$0
$0
$0
$0
Projected
FY 2005
$99,445
$0
$0
$99,445
$99,445
$0
$0
$99,445
Projected
FY 2005
$0
$0
$0
$0
Proposed
FY 2006
$102,220
$0
$0
$102,220
$102,220
$0
$0
$102,220
Proposed
FY 2006
$0
$0
$0
$0
",c,'1
\V i' '.
Wentworth Estates i:J J1.
Community Development District
Summary of All Funds
Fiscal Year 2006
Summary by Category
Actual Adopted Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Revenues
Special Assessments-Levy $0 $0 $0 $0
Special Assessments-Developer $8,418 $104,095 $99,445 $102,220
Interest Income $0 $0 $0 $0
Assessment Prepayments $0 $0 $0 $0
Fees & Charges $0 $0 $0 $0
Miscellaneous $0 $0 $0 $0
Total Revenues $8,418 $104,095 $99,445 $102,220
Expenditures
Personal Services $0 $0 $0 $0
Operating Expenses $8,418 $103,595 $98,945 $101,720
Capital Outlay $0 $500 $500 $500
Debt Service $0 $0 $0 $0
Total Expenditures $8,418 $104,095 $99;445 $102,220
Actual
FY 2004
Adopted
FY 2005
Projected
FY 2005
Proposed
FY 2006
Reserves
Designated Reserves
Undesignated Reserves
Total Reserves
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Page 2
'1 (", , 1~
' .
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Wentworth Estates I
j
Community Development District 1
Summary of All Funds
Fiscal Year 2006
Summary by Function
Actual Adopted Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Revenues
Special Assessments-Levy $0 $0 $0 $0
Special Assessments-Developer $8,418 $104,095 $99,445 $102,220
Interest Income $0 $0 $0 $0
Assessment Prepayments $0 $0 $0 $0
Fees & Charges $0 $0 $0 $0
Miscellaneous $0 $0 $0 $0
Total Revenues $8,418 $104,095 $99,445c $102,220
Expenditures
District Administration $8,418 $104,095 $99,445 $102,220
Community Appearance $0 $0 $0 $0
Debt Service $0 $0 $0 $0
Total Expenditures $8,418 $104,095 $99,445 $102,220
Reserves
Reserve Allocations $0 $0 $0 $0
Total Reserves $0 $0 $0 $0
Beginning Fund Balance $0 $0 $0 $0
Ending Fund Balance $0 $0 $0 $0
Page 3
Wentworth Estates
Community Development District
~ {:<:. r,
n ·
J..;, Lt;
General Fund 001 Summary
Fiscal Year 2006
Fund Description:
General Fund 001 is used to account for the administrative as well as operation and maintenance activities pertaining to the District
Summary by Category
Actual Adopted Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Revenues
Unappropriated Fund Balance $0 $0 $0 $0
Special Assessments-Levy $0 $0 $0 $0
Special Assessments-Developer $8.418 $104,095 $99,445 $102,220
Interest Income $0 $0 $0 $0
Amenities Revenue $0 $0 $0 $0
Miscellaneous $0 $0 $0 $0
Total Revenues $8,418 $104,095 $99,445 $102,220
Expenditures
Personal Services $0 $0 $0 $0
Operating Expenses $8,418 $103,595 $98,945 $101,720
Capital OUUay $0 $500 $500 $500
Total Expenditures $8,418 $104,095 $99,445 $102,220
Reserves
Designated Reserves $0 $0 $0 $0
Undesignated Reserves $0 $0 $0 $0
Total ReselVes $0 $0 $0 $0
Page 4
1611
Wentworth Estates
Community Development District
General Fund 001 Summary
Fiscal Year 2006
Summary by Function
Actual Adopted Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Revenues
Unappropriated Fund Balance $0 $0 $0 $0
Special Assessments-Levy $0 $0 $0 $0
Special Assessments-Developer $8,418 $104,095 $99,445 $102,220
Interest Income $0 $0 $0 $0
Amenities Revenue $0 $0 $0 $0
Miscellaneous $0 $0 $0 $0
Total Revenues $8,418 $104,095 $99,445 $102,220
Expenditures
District Administration $8,418 $104,095 $99,445 $102,220
Community Appearance $0 $0 $0 $0
Total Expenditures $8,418 $104,095 $99,445 $102,220
Reserves
Designated Reserves $0 $0 $0 $0
Undesignated Reserves $0 $0 $0 $0
Total Reserves $0 $0 $0 $0
Beginning Fund Balance $0 $0 $0 $0
Ending Fund Balance $0 $0 $0 $0
Page 5
Wentworth Estates
ii ~~
Community Development District
General Fund 001
District Administrafion
Fiscal Year 2006
Department Function:
Provides for services in support of District functions as provided for in the Florida Statutes, which include District Supervisors, Management,
Administration, Public Records, Finance, Legal, Engineering, Audit and Special Assessments.
Actual Budget Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Cateaorv
Personal Services $0 $0 $0 $0
Operating Expenses $8,418 $103,595 $98,945 $101,720
Capital Outlay $0 $500 $500 $500
Total District Administration $8,418 $104,095 $99,445 $102,220
Page 6
Wentworth Estates
Community Development District
1611
General Fund 001
District Administration
Fiscal Year 2006
Actual Budget Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Account Description
Personal Services
Board of Supervisors $0 $0 $0 $0
Sub- Total $0 $0 $0 $0
Operating Expenses
Professional Services
Management $0 $36,750 $36.750 $38,600
Recording Secretary $0 $0 $0 $0
Accounting Services $0 $8,400 $8,400 $8,400
Audit $0 $10,000 $10,000 $10,000
Trustee Fees $0 $0 $0 $0
Arbitrage Rebate Calculation $0 $0 $0 $0
Dissemination Fees $0 $0 $0 $0
legal $0 $5,000 $5,000 $5,000
Engineering $0 $5,000 $5,000 $5,000
Field Management Services $0 $0 $0 $0
NPDES Program $0 $15,000 $15,000 $15,000
Computer Services $0 $2,100 $2.100 $2,100
Postage $417 $1,500 $1,500 $1,500
Telephone $0 $350 $350 $350
Travel $0 $300 $300 $300
Rentals & Leases $0 $2,520 $2,520 $2,520
Insurance $2,000 $9,750 $5,250 $6,000
Printing & Reproduction $578 $750 $600 $750
legal Advertising $5,192 $5,000 $5,000 $5,000
Contingencies $78 $500 $500 $500
Office Suppfies $53 $500 $500 $500
Annual District Filing Fee $100 $175 $175 $200
Collection Fees & Early Payment Discount $0 $0 $0 $0
Sub-Total $8,418 $103,595 $98,945 $101,720
Capital Outlay
Office Equipment $0 $500 $500 $500
Sub- Total $0 $500 $500 $500
Total District AdminIstration $8,418 $104,095 $99,445 $102,220
Page 7
JENNIFER J. EDWARDS
SUPERVISOR OF ELECTIONS
April 15, 2005
Ms Jean M. Rugg
Wentworth Estates CDD
210 North Univeristy Dr.
Suite 800
Coral Springs, FL 33071
Dear Ms Rugg,
In compliance with FS 190.006 2.d. the number of registered electors residing in
Wentworth Estates CDD as of this date is o.
Sincerely,
Cj)~~
David Carpenter
Qualifying Officer
Collier Government Complex. Martin Luther King, Jr. Bldg. . 3301 Tamiami Trail East
Naples, Florida 34112-4902
Telephone: 239/774-8450 . Fax: 239/774-9468
'~i
\1
J:.
."
1611
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-fIRST NAME-MIDDLE NAME
1+1< E EST if il-. c.. K..e..J,yz. t c....
MAiliNG ADDRESS C
1.2. ~ l.( .rMP~{4<- ~(..F DVP- s~ t:kV-D.
CITY A \ COUNTY
1'-" AP LE') PC-.l 'f(cJ CJ>lLU: 5
DATE ON WHICH VOTE OCCURRED
~on oin conflict-
NAME OF 8OARO. COUNCIl. COMMISSION, AUTHORITY. OR COMMITTEE
WeIJrCVOR-nt cE.sTAT~ C_:l'.P
THE BOARD. COUNCIl. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
Q CITY a COUNTY
NAME OF POUTICAl SUBDIVISION:
JOb OntER LOCAl AGENCY
MY POSITlON IS:
Q ELECTIVE
APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving atlhe county. city. or other local level of government on an appointed or eIecIed board, council,
commission. authority, or commi"ee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida statutes.
Your responsibi~ties under the law when faced with voting on a measure In which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding electlve or appointive county, municipa~ or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other. than a government agency) by whom he or she is retained (including the
parent organization or subsidIary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of oommunlty redevelopment agencies under Sec. 163.356 Of
163.357, F.S., and officers of independent special tax districts elected on a one-acre, o~vole basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relative"1n'dudes only the officer's father, mother. son. daughter, husband, wife. brother, sisler. father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner, jOint venturer, ooowner of property. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional slock exchange).
ELECTED OFFICERS:
In addition 10 abstaining from voting in the situations desmbed above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
ules of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any atlemptto inlluence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN: .
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in lhe minutes. (Continued on other side)
." I
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly atlhe next meeting after the form is filed.
IF YOU MAKE NO A TTEMPj TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally Ihe nalure of your conflict in the measure before participating.
You must complete the form and file it within 15 days Bfter the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporale the form in the minutes. A copy of the form must be provided immediately to the other .members of the
agency. and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
d~ ~~ ._.o""retna(oo continuing couflict
(a) A measure carne or will corne before my agency which (check one)
I,
20
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured 10 the special gain or loss of my relative,
J;.__ inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
Developer
by
which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Construction of infrastructure improvements by District,
see Commission on Ethics Opinion 87-66
dLL,)Il;(dI~
Signature
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 112000
PAGE 2
4;.0 ,. '.
16111-
j
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-fIRST NAME-MIDDLE NAME NAME OF ~. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE
\e..\')~C r4.\r.. f sk~
MAILING ADDRESS THE BOARD. COUNCIl.. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
COUNTY Q CITY a COUNTY :lOb orneR lOCAl AGENCY
CITY
NAME OF POlITICAl SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
~ongoing conflict- a ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council,
commission. authority, or commi"ee. II applies equally to members of advisory and non-advisory bodies who arB presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibi~lies under the law when faced with voting on a measure in which you have a conftict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose allention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or herspeciaJ private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (olherthan a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax disll1cls elected on a one-acre, OOl~-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relative"1rldudes only the officer's father, mother, son. daughter, husband, wife, brother, sister. father-in-law,
mother-in-law, son-in-law, and daughter-In-law. A "business associate' means any person or entity engaged in or carrying on a business
enterprise with the offlCQf as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by pubJidy slating to the assembly the nature of your interest in Ihe measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you
musl disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTENO TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
, You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate tile form in the minutes, (Continued on other side)
16 r J
APPOINTED OFFICERS (continued)
, A copy of the form must be provided immediately to the other members of the agency.
, The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPt TO INFLUENCE THE DECISION EXCEPT BY OISCUSSION AT THE MEETING:
, You must disclose orally the nature of your conftict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided Immediately to the other .members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.
, hereby disclose that on
continuing conflict
20_.
(a) A measure came Of will come before my agency which (check one)
inured to my special private gain or loss;
inured to lhe special gain or loss of my business associate,
inured to the special gain or loss of my relative.
~__ inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
Developer
by
which
(b) The measlHe before my agency and the nature of my conflicting interest in the measure is as follows:
Construction of infrastructure improvements by District,
see Commission on Ethics Opinion 87-66
Date Faed
J/ n/~> -
I /
/Hc-
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
,,:"...4
j: 4'
-d!.. V lj 1
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
~ 1 ~
MAILING ADDRESS '" " S
lloO b N- Ou
CITY N~ h~ S Fl 3'110 ~ cou'tY leD 'b
DATE ON WHICH VOlE OCCURRED
"'on oin conflict- a ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of governmefit OIl an appoinoed or electad board, council,
commi~sion. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention 10 the inslructioflS on this form before
completing the reverse side and fi~ng the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures 10 his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other. than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent speclaltax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative"-fncludes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-In-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional slock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflir,l:
PRIOR TO THE VOTE BEING TAKEN by publiciy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fding this fomi with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situatioflS described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
, You must complete and file this form (before making any attempt to influence tile decision) with the person respOnsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
';.-l
~
4.
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO A lTEMP. TO INFLUENCE THE DECISION EXCEPT BY OISCUSSION AT THE MEETING:
, You must disclose orally the nature of your conflict in the measure before participating.
, You must complete the form and file it within 15 days after the vote OCaJrs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. N. ~u I SaN R'I ;'PfD
, hereby disclose ,hat on
continuing conflict
.20_:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
~__ inured to the special gain or loss of
whom I am retained; or
Developer
by
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
. which
Construction of infrastructure improvements by District,
see Commission on Ethics Opinion 87-66
Date Filed
~/ 1/05'
JtPf
' \
........
s~_ - I
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 68 - EFF. 1/2000
PAGE 2
l
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16
arch 29,2006 . , 1
Fiala
Halas
Henning
Coyle
;::r.ldH~ ~ ',,(;J;,r., :A}1';~ml:),:SH)(ier~-a Coletta
TRANSCRIPT OF THE BOARD OF COUNTY
COMMISSIONERS WORKSHOP WITH THE AIRPORT
AUTHORITY AND ECONOMIC DEVELOPMENT COUNCIL
h/
~ '.
i:U06
Naples, Florida, March 29,2006
LET IT BE REMEMBERED, that the Collier County Board of
County Commissioners, in and for the County of Collier, having conducted
//
business herein, met on this date at 2:00 PM in a WORKSHOP SESSION in
building "F" of the Government Complex, East Naples, Florida with the
following members present:
CHAIRMAN:
Commissioner Frank Halas
Commissioner Jim Coletta
Commissioner Fred Coyle
Commissioner Tom Henning (Absent)
Commissioner Donna Fiala (Absent)
ALSO PRESENT:
J ames Mudd, County Manager
AIRPORT AUTHORITY:
Robin Doyle, Chairman
Jim Peterka, Vice Chairman
Byron Meade, Secretary
Stephen Price, Board Member
Gene Schmidt, Board Member
Richard Schmidt, Board Member
Theresa Cook, Executive Director
Bob Tweedie, Airport Manager
ECONOMIC DEVEL. COUNCIL
Tammie Nemecek, President
Joan McGinness, Diversification Mgr.
Brian Goguen, Board Member
Bill O'Neill, Chairman Immokalee
Task Force
Bob Mulhere, Land Use Task Force
Russ Weyer, Fishkind & Associates
Jeff Horst, KS&R
George Kuhn, KS&. Cones:
Date:
Item #:j LiL Q I~
Page 1
Copies to
<:':.
f:
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March 29, 2006"'''"
I, Call to Order
The meeting was called to order at 2:00 PM with the Pledge of Allegiance by
Chairman Frank Halas.
II, Robin Doyle, Chairman of the Airport Authority, introduced their portion of
the workshop:
. From the time of their first workshop with the BCC, the Airport Authority's
management has worked very hard to follow the BCC's charge to get its
house in order.
. The Airport Authority is moving forward aggressively to assure the safety and
usability of the three airports, and to capitalize on the economic contributions
that are available from the airports.
. There are some challenges being faced, and the BCC's input and assistance is
needed.
. This workshop is being done with the Economic Development Council
because they are the Airport Authority's marketing arm for the industrial park
part of Tradeport in Immokalee.
. The Airport Authority has been able to reduce its reliance on the County over
the last three years in spite of growing non-discretionary costs. This year a
little more support from the County is being requested, but the increase is less
than half of the Authority's increase in non-discretionary expenses.
. The Airport Authority had great success this year. There was $100,000 more
in leasing revenues from the Immokalee Airport, but hurricane Wilma took
away $17,000 in revenues from the Everglades Airport because of the
destruction of hangers.
Commissioner Halas asked if the hurricane costs can be recouped from FEMA.
Mr, Doyle indicated that ultimately insurance funds and FEMA should cover
these costs, but it takes a couple of years to collect.
III, Theresa Cook, Executive Director of the Airport Authority, introduced the
Authority's Executive Board Members, and discussed its proposed 2007 budget.
. The Operating Budget (Cost of Operations) is in line with the past two years:
o FY 04/05 Actual: $676,538
o FY 05/06 Budget: $650,898
o FY 06/07 Budget: $713,500
. Significant Budget Changes:
o $85,700 Increase in Personnel Services
o $10,000 Request for Signage in Immokalee
o $36,700 Increase in Insurance Premiums
o $30,900 Increase in Indirect Costs for Services provided by Collier
County
o ($100,000) Increased Revenue in Immokalee from Sod Harvesting
. There was hurricane damage to T-Hangers at all three airports. Marco and
Immokalee are back on line to where revenues from leases are coming back
Page 2
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March 29,2006
in. Everglade T -Hangers were destroyed and need to be rebuilt. It will take
approximately two years to rebuild with money from FEMA to upgrade
hanger doors so they don't blow off again.
. Capital Improvement Projects over the next five years:
o Everglades Airpark:
. Has $42,000 in federal funds (FAA and DOT) approved in the current
budget to mitigate for the construction of the South Taxiway.
. Has $183,158 already programmed and funded through the BCC,
FAA and FDOT for South Taxiway Construction.
. The Project Plan shows $500,000 to rehabilitate and widen the
runway to meet DOT design standards, and $421,052 to perform an
environmental assessment as required when widening a runway.
These items are not yet funded and will float from year to year until
DOT decides to fund them.
Commissioner Halas asked if there were noise issues with development taking
place close to Everglades Airpark.
Mr, Doyle noted that this Airport does not have larger aircraft that generate more
noise, so noise is not the issue that larger airports have.
Mr, Mudd noted that advertisements for the new development talk about it being
in proximity to the airport where some amount of aircraft noise is to be expected.
Mr, Doyle indicated that he expects there to be additional demand for hangers,
but there is a lack of available land for them.
Commissioner Coyle asked if an arrangement might be made with the new
development to provide some land for hangers - this would enhance their ability
to sell their product ifhangers were available to their residents. He also suggested
working with the City Council in Everglades to get them to require the
development to have a disclosure about the airport. Homeowners would
acknowledge on their sales contract or the deed itself that their home is near an
airport.
Mr. Doyle observed that the Airport Authority owns the road leading to the new
development, giving the Airport Authority some leverage.
o Marco Island Executive Airport:
. To allow Marco Island Executive Airport Capital Projects to move
forward, the Airport Authority has been working for the past nine
years on getting a permit from the Corps of Army Engineers past Fish
and Wildlife, and it is expected within the next sixty days.
. $315,789 is budgeted for the current year to mitigate for a new
Taxiway, and $315,789 is also budgeted to design the new Taxiway.
Page 3
March 29,2006
FDOC programs money this way, although different amounts will be
spent for mitigation and Taxiway design.
. The Authority expects to build the Taxiway in FY 07/08 and FY
08/09. This has not been funded, but the FDOC has given assurances
that this funding will be available.
. $185,000 is budgeted for Land Acquisition in FY 06/07. It is hoped
that the County, the City of Marco Island and County utilities can
complete a land trade, and necessary land can be purchased from the
County utilities. The land acquisition is eligible for federal funding.
Mr, Mudd observed that a land transfer is being worked on with the City of
Marco, giving Marco a recycling center on Elkum Center owned by Collier
County (1.8 acres), and giving Collier County .8 acres near the recycling center
and one acre by the Airport.
. Marco Island Executive Airport plans by year:
o Year 1: Land Transfer
o Year 2: Vehicle Parking Relocated
o Year 2: Extend ramp to current vehicle parking
o Years 2-3: Taxiway Construction
o Year 4: Terminal Building Design
o Year 5: Terminal Building Relocation
. Marco Island Executive Airport has a ten year old 3,000 gallon Jet
Refueler.
o It's becoming hard to find parts and to repair the Jet Refueler,
and revenue is lost when it is in for repairs.
o Arrangements are being discussed with the fuel supplier
(Chevron) to lease a truck to the Airport Authority. Lease
payments would be made by paying a few cents more for each
gallon of fuel, and as much of this as possible would be passed
on to customers in an increased fuel flowage fee.
o A new Tug is also needed for the newer aircraft using Marco
Island. This is included in the lease discussions with the fuel
supplier.
Commissioner Halas asked if the County has any surplus vehicles that could be
used for Marco Island Executive Airport's needs.
Mr, Mudd indicated that he would take a look to determine if any suitable
vehicles are available.
o lmmokalee Regional Airport:
. Work is being done with Fish and Wildlife and South Florida Water
Management to get permits to build at Immokalee Airport. Probably
$400,000 has been spent to date in the environmental resource permit
process. Fish and Wildlife requires Panther mitigation which will
Page 4
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March 29, 200& I;.J
cost $350,000. Funding for this has already been approved by the
BCC, the FAA and OTED.
Commissioner Halas asked how long the permit is good for once the mitigation
is completed.
Mr, Doyle indicated that it is a rolling permit that renews automatically, and it is
not expected to expire. However, the permit is for Phase 1 of three Phases. Each
phase will require a mitigation process, but some things already done for Phase 1
mitigation will operate to the Airport Authority's credit in the other Phases.
Phase 1 is 165 acres, including a proposed lake and a proposed taxiway. Phase 2
is a control tower and expansion of the runways, and possibly all remaining work
can be done in Phase 2 without requiring a Phase 3.
Mr, Mudd noted that the total cost of planned investments is $22 million, 90% of
which will be covered by the FAA, and the remaining 10% by Collier County.
. The Airport Authority is starting to talk about building a control tower
at Immokalee Airport. The estimated cost is $2.5 million, and annual
operating costs would be $257,000. The estimated time for
construction is three years.
. Infrastructure needs are corporate hangers, T -Hangers and
manufacturing buildings financed by private industry and matching
funds grants.
. lmmokalee's signage is currently not very professional and it will be
replaced with improved signage that tenants can use to advertise their
presence there.
. New T-Hangers are needed at the airport. They are a good source of
revenue and there is a waiting list for them. These are eligible for
50% funding from DOT.
. With Ave Maria and the community growing, high end aircraft is
expected to increase at Immokalee Airport.
. Immokalee Airport has a Runway Project, currently unfunded, for
milling and resurfacing the 5,000 foot runway. The estimated cost is
$3 million.
. Immokalee Airport has a Runway Extension Project for a 2,700 foot
extension. The best estimate of the cost is $9 million, and the
estimated time of completion is seven years.
Mr, Mudd asked if the Airport Authority owned all of the land necessary for the
Runway Project.
Ms, Cook responded that it does not, and would require an easement.
Page 5
.
March 29,2006
Mr, Doyle spoke about the length of the runway which will be 7,300 feet with the
extension. That length will cover 94% of aircraft that is likely to use an airport
such as Immokalee.
Commissioner Halas indicated that ultimately the runway length should
probably be around 10,000 feet to support the huge growth potential for the
airport. Since this is a trade free region and landing fees are very competitive, the
airport can be marketed as attracting air traffic or cargo in from Europe and
transferring the cargo, possibly then sending it on to the Far East.
Commissioner Coyle suggested trying to reserve as much land as possible from
the Colliers.
Mr. Doyle indicated that a master plan process will be initiated shortly. There is
currently a need to increase the runway to 7,300 feet. The plan needs to keep
being updated to stay ahead of the curve. Improving the road to the airport is also
key to attracting business to the airport.
. With anticipated increased jet traffic at Immokalee Airport, it would
be good to have a Ground Power Unit. This will be in the budget as a
capital request.
. Other needs are new roadways and Spec Buildings to help get the
Tradeport area leased out.
Mr, Doyle indicated that the Airport Authority is preparing an airport PUD so
that zoning consistent with a first class airport can be obtained. This is being
done in tandem with the master plan. There is a conceptual plan showing the use
of an abandoned runway as a taxiway.
Mr, Mudd brought up Collier County's need to come up with 10% of the $22
million in planned investments, asking if money should start to be set aside in a
special fund for this purpose.
Commissioner Halas expressed concern with getting a control tower built first.
Commissioner Coyle suggesting calling the fund a capital improvement plan for
the Immokalee Airport Authority, and then the funds could be used for whatever
the capital needs are at the airport.
Commissioner Halas agreed.
Mr, Peterka indicated that the Administration's budget for 2007 has cut airport
improvement program funding by $765 million, and the set aside for general
aviation, the normal funding that the Airport Authority gets, would be reduced.
Each airport normally receives a minimum of $150,000 per annum, and this
would go away under the Administration's new plan.
Page 6
It)11
March 29,2006
Mr, Mudd indicated that we can lobby to try to get an additional allocation of
dollars.
Break 3:10 PM
Reconvened 3 :22 PM
IV, Tammie Nemecek, President of the Economic Development Council, introduced
the individuals present for the EDC's portion of the workshop.
Bill O'Neill, Chairman of the EDC Immokalee Task Force, discussed a new
comprehensive land use analysis County-wide, focusing on economic
development sites, and introduced Brian Goguen, Russ Weyer and Bob
Mulhere to present the analysis.
. Brian Goguen, EDC Board Member, noted that the purpose of the EDC Land
Use Task Force is to identify ways to attract high wage employers to Collier
County, and also where to locate those employers.
o Background:
. Collier County's population is expected to double over the next
twenty years.
. A diversified economy makes the County less susceptible to tourism.
o Land Use Factors
. Cost of land
. Availability of entitled land
. Competition from other communities
. Comparative timeframe for return on investment for industrial land
versus residential land development
. NIMBY (not in my back yard)
. Limited transportation networks
. Utilities and other infrastructure
o Other Issues
. Entitlement and permitting time and cost
. Workforce - training, availability, housing affordability
. Other costs - building costs, impact fees, architectural standards
o Land currently available is very expensive
. Russ Weyer, Fishkind & Associates, presented a Mid and Long-term
Availability analysis.
o Background:
. EDC asked Fishkind & Associates to assist in measuring business
park needs going forward in Collier County.
. There was no formal study to date.
. The goal is to develop accurate data-driven methodology so that
needs going forward would be understood.
o Assumptions and tasks:
Page 7
16/1
March 29,2006
. Used Collier County Long Range Planning numbers (744,000
population build out number going to year 2030).
. Used 2005 workforce distribution per I-Site data (current census
data).
. I-Site spreads workers across industries accounting for workforce
structural changes (an example is a reduction in agricultural workers
as land is consumed by real estate development).
. Used adjusted industry standard square foot per employee numbers.
. Divided total square feet by 8,000 sf/acre, the average of County
approved square footage per acre to date.
. Determined acreage surplus / deficit.
o Results
. An acreage deficit of708 acres in 2010, growing to a deficit on 3,685
acres in 2030 (acreage deficit means acreage needed with buildings
completed and occupied).
. Growth is heading out to Immokalee, so that is where the opportunity
lays.
. Mr, Mulhere, EDC Land Use Task Force, presented recommendations:
o Rural Fringe and Eastern Lands:
. Provide incentives to encourage Business Parks / R&T Parks:
o Reduce requirements for TDRs and Stewardship Credits.
o Employment sites receiving incentive will be located proximate
to a Rural Town or Village.
o Ensure Fast Tracking of local, state and federal permits in Rural
Fringe and Eastern Lands.
o Economic Development Zones:
. Create economic development zones with specific incentives attached
to increase the stock of land available for economic development
purposes.
. Customize incentives depending on the geographic area.
. Consider zoning by right.
o Land Development Code Revisions:
. Review and amend existing R&T and Business Park District language
to address barriers for development.
o Create a Research & Development Authority:
. Public / Private Partnership formed through the EDC.
. Need state legislature approval.
. Land purchased through bonds.
. Benefits:
o Ability to hold land for longer time period
o Develop special incentives
o Ability to build spec buildings
o Ability to develop Incubators
Page 8
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March 29,2006
Commissioner Coyle asked for clarification of the concept oflocating business,
and research and technology parks proximate to rural towns or villages.
Mr, Mulhere responded that within the Fringe and Eastern lands there are some
properties of significant size adjacent to major arterial roadways. These would
accommodate a business park of significant size, and would also accommodate a
compact rural fringe village with all of the necessary components such as schools,
recreation and houses of worship.
Commissioner Coyle expressed concern about avoiding the urban sprawl that
would result from taking four or five urban villages and filling in between them
with business, and research and technology parks.
Mr, Mulhere clarified that the recommendation is to locate the business, and
research and technology parks within the receiving areas that are already
identified so that the leapfrogging that Commissioner Coyle wants to avoid would
not occur.
Commissioner Coyle discussed identifying on the Future Land Use map of the
Growth Management Plan, land identified for affordable housing development,
and having it proximate to business, and research and technology parks. This
could perhaps accommodate the people who would be working in the parks.
Ms. Nemecek agreed that it is necessary to have a place for the people who will
work in the new parks to live.
Commissioner Coyle indicated that it is essential to decide on one or two
locations that are proximate to all of the rural villages rather than replicating that
model four or five times and creating urban sprawl.
Mr, Mulhere indicated that the receiving areas have been identified for the rural
fringe mixed use district. It's more difficult for the rural stewardship area.
Commissioner Coyle commented that it is a lot easier to convince employers to
accept affordable housing near their businesses than it is to get people who
already own residences to accept affordable housing adjacent to their residences.
Commissioner Coletta noted that there is already a law requiring 20% affordable
housing within the community. He wants to avoid having everyone below a
certain income level having to look for housing next to an industrial park area.
Commissioner Halas suggested that with the tremendous growth there will be a
need for a heavy industrial area. This should be buffered by a research and
development area, and then residential areas. He noted that land desirable for
research and development areas will disappear unless action is taken quickly. He
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March 29,2006 16 , 1
suggested that proposals be brought back to the BCC that address specific
recommendations discussed today.
. Bill O'Neill, Chairman of the Immokalee Task Force, introduced the Florida
Tradeport section of the presentation.
a The Immokalee area is an important geographical focus for diversified
economic development in the County.
a KS&R, a market research and consulting firm, has done a business
requirements study to identify and prioritize opportunities and action steps
for Tradeport development.
. Jeff Horst from KS&R made his firm's presentation:
a The first objective was to determine air/ground transportation
infrastructure and requirements for similar sized airports and trade zones.
13 in-depth telephone interviews were conducted with community leaders
in Florida, the southeastern US and California.
a The second objective was to explore the decision making process and
selection criteria prospective businesses use when locating or relocating
commercial business manufacturing/distribution facilities, and identify
industries or market niches as prospective targets for the Florida
Tradeport. 130 in-depth telephone interviews were conducted with
business decision makers and influencers.
a Site selection criteria in order of their importance were found to be the
following:
. Access to ground transportation (5 to 10 miles of an Interstate).
. Price ofland (lease price within $6,000 - $12,000 per acre).
. Readily available land.
. Availability of skilled workforce (the available workforce from the
area surrounding the Florida Tradeport meets the demands of the
market).
. Incentives (tax credits or refunds for job creation is the leading
incentive. Expectations for incentives from local government are low,
and incentive programs already in place could help to differentiate
Collier County).
. Availability of unskilled workforce.
a Runway Length
. An extension as discussed earlier (to 7,300 feet) would meet at least
85% of the aircraft accommodation requirement determined from the
interviews.
a International Shipping
. This plays a small part in most companies' overall shipping practices,
making this advantage more a niche play.
a Overall Decision Timeframe
. Over three-quarters of participant companies expect the overall
decision process to take one year or less, This is a barrier with the
permitting process, and the ability to fast-track would be a benefit.
Page 10
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March 29,2006 ',-';i" ':'" 11
. Ofthose very likely to consider Florida for relocation, 50% believe
the overall decision making process should take less than 6 months.
o Contact Strategy
. Site tours, personal contact, statements of qualifications, and case
studies are the most effective marketing tools, along with outside
references.
o Florida Tradeport Value Proposition
. Reasonably priced land and quick access to the Interstate System are
the most highly valued Industrial park features.
o Industry Needs
. Agriculture/Food Processing requires incentives and an unskilled
workforce.
. The Aviation industry is an attractive target, particularly if the runway
is extended.
. Manufacturing is more dependent on access to the Interstate system.
. Retail/Wholesale is attracted to the area and its proximity to Tampa
and Miami.
. Warehouse/Storage is dependent on rail, water and access to the
Interstate, making this a harder sell until the proposed loop road and
connection to the Interstate is completed.
. Ms, Nemecek concluded the presentation with EDC Recommendations-
Action Items for BCC and CCAA:
o Support funding and constructing the 29/82 bypass road; this needs to be
accelerated.
o Florida Tradeport fully permitted at the Federal, State and Local levels.
o Fund airport infrastructure development:
. Hangars
. Internal Roads
. Fiber optic/Wi-Fi Network
. Runway lengthening
. Tower
o Develop pad ready/pre-permitted sites at the Airport.
o Spec building development.
o Enhance Florida Tradeport business plan to include financial feasibility of
outsourcing development to private developer.
o Fund EDC's request for Florida Tradeport research and marketing
initiatives.
Commissioner Halas indicated that the Commission is behind finding the
resources to address the concerns and issues brought before it today.
V, Public Comments:
Dennis (Duke) Vassey of North Naples said that capital improvement funding at
Immokalee is a must. When people come, they move fast, and our process right
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March 29,2006
now is not for a fast mover. It's important to invest in the infrastructure and to
knock down the barriers that are normally out there.
There being no further business for the good of the County, the workshop was concluded
by order of the Chair at 4:33 PM.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
Chairman Commissioner Frank Halas
ATTEST:
DWIGHT E. BROCK, CLERK
By:
These minutes approved by the Board on
or as corrected
, as presented
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Fiala
THE OCHOPEE FIRE CONTROL DISTRlGtls
ADVISORY BOARD MEETING Hsrthing
HELD FEBRUARY 13, 2006 C~r~~a -
AT THE EVERGLADES FIRE STATIOM. t
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In attendance were the following:
Paul Wilson, Fire Chief
Kent Orner, Chairman, Chokoloskee Island, Advisory Board Member
John Pennell, Plantation Island, Advisory Board Member
Mitchell Roberts, Copeland, Advisory Board Member
The meeting came to order at 7PM.
ELECT A NEW CHAIRMAN:
Kent Orner said I guess the ftrst thing on the agenda is the election of a new Chairman
since the sad departure of David Loving, Any body have a nomination?
John Pennell said he had a nomination for Kent Orner.
Mitchell Roberts said he's the new guy he would rather it be one of the other two,
Kent Orner asked ifthere were any other nominations?
Chief Wilson asked if there was any seconds,
Mitchell Roberts said he would second it and all were in favor and the nomination
passed.
Chief Wilson said the new Chairman will be Mr. Kent Orner.
APPROVE MINUTES FOR 12-12.05 & 4-5.04 (ENFD Merger Meeting):
Kent Orner asked if there was a motion to accept the minutes of the meetings. The
motion was made by Mitchell Roberts and seconded by John Pennell and passed.
RECOMMEND A nON LETTER FOR JOSEPH DILLON:
*Note: There was a mistake on the agenda the gentleman's name is Joseph Dillon not
John so I have corrected it in the meeting minutes. The recommendation letter had the
right name on it. Mise. Correa:
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Item#:JiPT. (~'J-
Copies to:
Kent Orner said I guess Joseph Dillon represents Port of the Islands.
Chief Wilson said that is correct. Mr. Dillon has lived in Collier County for 8 years he is
a registered voter in Collier County. He is the Director of the Port ofthe Islands Home
Owner's Association, Worker Bee, Friends ofFakahatchee, Marco Island Sport Fishing,
past treasurer ofthe Marco Island Power Squadron, three years of college, 37 years
General Motors Engineering, and 6 years in the military. That is his qualifications,
education and experience.
Kent Orner asked ifthere was a motion to accept Mr, Dillon,
John Pennell made a motion to accept Mr. Dillon it was seconded by Mitchell Roberts
and passed.
Chief Wilson said now we need the Chairman Kent Orner to sign this letter so that we
can forward it to Ms, Filson accepting Mr, Dillon to the board. We can get him invited
him to the next meeting but more importantly he has to get on the Commissioners
approval actually before he becomes a member of the board.
NEW FIRE TRUCKS:
Kent Orner said the new fire trucks are on the agenda, which I am going to bring up,
Have they been delivered yet Chief Wilson?
Chief Wilson said yes and they are actually in service,
Kent Orner said actually in service.
John Pennell said they are nice; the one I saw is beautiful.
Kent Orner said both of them are red?
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Chief Wilson said all three of our front line engines are now red. We have one of the
new ones here it is the new structure truck it's all loaded with LDH. We're going high
tech with as far as water delivery systems goes. Under the old system the trucks would
pump between 750 and 1000 gallons per minute these new trucks will pump 1250 gallons
per minute with little to no friction loss, So it is a guarantee 1000 plus gallons per minute
with the new technology these trucks carry we'll be able to hopefully increase our ISO
rating when the time comes between that and the new guys we have put on over the last
seven or eight years we should be able to redo our ISO and maybe come down a point or
two and help the home owners with their insurance. You can have a little tour of them
after the meeting, ones here the other one is in town, we dropped it offback in town this
afternoon to have some warning lights that we want put on, He also let them know that
the Tanker was currently down, The pump was sent in to be checked, the pump is still
workable but it was is the last stage of life mode so Fleet agreed with us that the best
thing to do was to put a new pump in it, which would be about an 80% restoration on the
vehicle in the first place. So it is getting a brand new pump put in it and once that's done
it'11 go to the body shop and it will also come back red.
Kent Orner said that's the lime green one.
Chief Wilson said yes, but the chassis itself is a 91 or 92 but it only has about 28,000
miles on it, It's in great shape; our issues were the pump and the tank leaks, But Fleet
believes they got all the tank leaks pretty well taken care of, We get the pump put in and
we should have a pretty good tanker for the next five to seven years.
Kent Orner asked is anyone going to be dispatched to the Ochopee Station,
Chief Wilson said the Ochopee Station is scheduled to open 24 hours a day seven days a
week, March 1, 2006 and the truck assigned to it will be Pumper 61, Which is the 98
Pumper, which is being out fitted and geared to be as close to the two new ones as
possible all three being red all three labeled correctly, all three carrying pretty much the
same equipment except that one will be more designed for heavy rescue. It will pretty
much be our truck going to the alley to motor vehicle accidents, stuff like that. We have
one of the new engines that's here in Everglades City that'll be running the medical calls
and so forth, The other new engine is a primary a structure truck and it is set up for
Pleasure Island and so forth and that is pretty much our attack plan.
Kent Orner said Pleasure Islands that's right over here on the Barron River,
Chief Wilson said yes sir straight across,
Kent Orner said there are quite a few houses going up right now.
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Chief Wilson said that is correct and our new Inspector George Vogeney has been in
contact with the Home Owner's Association's president over there they are real gung-ho
to get behind the Fire Department and what it means to make the fIre service work for
them out there and are offering to purchase other needed equipment that could be stored
on the Island rather than trying to load it in the boat and take it across,
Kent Orner said that's a very good idea.
Chief Wilson said all they want us to do is come across with basically bunker gear, air
packs and ready to fIght fIre, So we're liking that idea pretty well and we're working
with them closely to make that happen for them,
Kent Orner asked is the Fire Boat now operational?
Chief Wilson said it is fully operationaL We had it down for a couple of weeks. While
we did some pump work we finally fIgured out what was wrong for whatever reason.
The pump got shipped from the factory 180 degrees out on its timing. But now that's all
been fIxed and the electric priming system has been put in. It will flow some water; it
will flow water just as hard as one of the engines right now. Actually it was the Hale
Corporation, which is the number one fire pump manufacturer. It is the only one we
want in our engines, they bought out a company called Godiva Pumps, which is in
England and for whatever reason it got shipped from the factory 180 degrees out of it's
timing, The fire boat people installed it they told us they couldn't fIgure out why it
wouldn't run we got it here we worked with it we tinkered with it. We got it to run but it
was just forever trying to get it to run the way we wanted it to. So we started doing
things like putting on electric primers on to make it prime itself easier, this that and the
other turns out all we needed to do was really get the timing in. The electric primer was
something we were talking about any way as a method of quick priming and not relying
on the pump to pull itself. It's like a back up it works great. We can flow water out of
the boat with in a minute, minute and a half.
Kent Orner said if he recalls the last time the fIrst guy that grabbed the hose about put
him over board.
Chief Wilson said yes sir it takes two men to hold that line if you throttle it up.
Mitchell Roberts wanted to know how many total residences were on the Island?
Chief Wilson said he thinks there's 42 scheduled for over there. They all face the water
in an angle that's one of the reasons the boat was put in because from the water way it
could provide protection or attack which ever needed to be done while we are working on
the inside. He said they did a pretty good job building them but they are only 15 feet
apart if one gets going the others could catch fIre, That's why there needs to be
protection as well at attack get the other exposures in control as well at the attack.
Page 4
Kent Orner asked if there were hydrants installed over there?
Chief Wilson said yes there are four hydrants over there. The initial project called for
two at 300 feet apart but once they came back with no motorized vehicles on the island,
because we were going to put a small Attack truck on the Island, then we made it a
requirement to set the hydrants no more than 150 feet apart so that we would have the
supply lines and attack lines readily available so that they can be carried since there is no
vehicle.
Mitchell Roberts said didn't you say that standard protocal that one of the trucks pulls up
and charges the line gong across.
Chief Wilson said yes that's what the new engine has been designed for it has the large
diameter hose inlet to connect to the one hydrant and then a large diameter hose outlet to
connect to the hydrant that will charge Pleasure Island's hydrants and then we will be
able to control pressure from this side while they fight fire on that side.
Mitchell Roberts said he has not driven around the airport I guess the new construction
over there is all concrete type structures,
Chief Wilson said the only structure he's seen out there is a concrete type structure and it
got cleaned up real nice after the hurricane as far as the debris and part of the roof
collapsing. They had a truss collapse on the building, other than that I haven't seen any
activity out there since. I am not sure exactly what's going on out there,
OLD BUSINESS:
Kent Orner asked if there was any old business pending?
Chief Wilson said nothing that he can think of.
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NEW BUSINESS:
Kent Orner asked if there was any new business?
Chief Wilson said the only new business that I really have is that I have been asked to
initiate the budget process early this year. Because the budget director is trying to do a
forecast and I will be delivering the flIst preliminary budget March 1 st. Also in reading
on the new impact fee structures those are going before the board the 28th of February
and if they're approved we should see a decent increase in the amount of impact fees that
we are taking in which will help us move forward with our concept and ideas of
Port ofthe Islands etc,. One other new business item still in limbo but the gentleman
who purchased the north side of Port of the Islands he is apparently still on board with the
acre and a half donation toward the fire station but he wants to do it his way. So we are
kind of in limbo they're trying to wait for him to do it his way. He didn't like the land
appraisal that came back he felt it should've been higher so he is having it reappraised
before he turns any property over to the Port of the Islands CID Board,
Kent Orner asked is he using the acre and a half for the station as a tax write off?
Chief Wilson said that is what he's doing but he wants larger than the $150,000 that it
was appraised at he feels it's worth more than that so he's having it re-appraised, He is
hoping that they will have their answers at the February Port ofthe Islands CID Board
Meeting. If they are ready to move forward on that they will give me a call and I will be
there to represent the Department answer any questions or give them any information
they might need.
Mitchell Roberts asked so this would basically involve a piece of property that I'm sure is
accessible to water and sewer.
Chief Wilson said yes it is right next to the water and sewer plant at Port of the Islands,
Mitchell Roberts asked back on the north fork.
Chief Wilson said yes right off Union Rd, right next to the water plant.
Kent Orner said maybe at the next meeting Mr, Dillon will be here and he is in the
homeowners association he ought to be pretty well versed in this,
Page 6
Chief Wilson said his wife sits on the CID Board so maybe we'll have some information.
The one thing I do know they have put in some kind of new line and one of the first
things that would have to be done is that line would have to be move because it would be
running right through the middle of the property. It would have to be moved before they
put a station on top of it,
Mitchell Roberts asked what do you think prospect wise, time wise, if the property is
donated at that point. Do you see like community involvement a fundraiser or something,
try to get $20,000, $25,000 grand to the County to entice them to complete?
Chief Wilson said well I'm not sure how long it will take for the County to except the
property and all that stuff. That goes through all the legal reviews and then the board has
to accept the donation of the gift ofthe land or the dollar per year what ever they need to
do to make that work once that parts done then we actually have enough in impact fees to
go a temporary station immediately as long as we can tap water and sewer after they get
the line moved, Now how long it takes to move the line.
Mitchell Roberts said some sort of portable trailer.
Chief Wilson said correct and their CID Board's engineer he took the new Corkscrew
Station 12 at Everglades and Immokalee Rd. he superimposed that over the land to scale
it fit nicely on the property tight but nice, It wouldn't be that extravagant to build. The
problem we're going to have is that construction cost outside of a metal building is going
to far exceed what we have available.
Kent Orner asked is there a possibility of any grants out there?
Chief Wilson said there is a possibility of a couple of grants I know of one or two out
there that are put out by the USDA one is for small communities under 5000 population
if you are awarded they could pick up 75% of the building costs,
Mitchell Roberts said the homeowners association would probably have to get involved
in that a little bit out there,
Chief Wilson said we'll take involvement from anybody.
Mitchell Roberts said I guess this gentleman here I guess is the director of it.
Chief Wilson said I don't know ifhe's the director of it.
Mitchell Roberts said that's what it says of the homeowners association,
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Chief Wilson said of the homeowners association not the CID Board, You have the
homeowners association, the condos owners associations The CID Board is the governing
elected official board and they control the water rights, the water and sewer plant, They
are supposed to be the receivers of the property and then they would in turn donate to us
they do want us there so I'm not worried about that.
Mitchell Roberts said do you see future use ofthe population there being enough to
support paramedics also.
Chief Wilson said yes, the station is going to be designed like a two bay system, Our
initial set up will be an engine and a brush truck into that area. It will be designed to
house four to five people that would pretty much max it out. The area itself we know
what the build out is, It's a one station one truck would be more than sufficient to meet
their ISO rating, When EMS decides to come in there they'll have the option ofa full
EMS unit or the ALS Engine Program where they would put a paramedic on our engine,
We currently serve with EMTs automatic de liberators etc". we don't carry the drugs,
Kent Orner asked have you had any problems with brush fires so far this season?
Chief Wilson said we're actually doing quite well we've had a few brush frre calls most
of them are small it's wet enough.
Mitchell Roberts said the rain helped,
Chief Wilson said they're getting put out quick we're not having near the issues that
some of the urban interface areas like East Naples, Golden Gate and North Naples.
Mitchell Roberts said out at Ochopee starting the 1 st is that primarily because of dry
season twenty four seven or is that going to be continual or just for a few, , ,
Chief Wilson said that's continual until we figure out where we're going as far as Port of
the Islands and 1-75 site stations goes that property could revert back to storage and draw
back station for hurricane and storm type stuff, Right now we're running out of sleeping
room over here, We brought this other guy on he's a Fire Inspector he needs his own
office area as well. I don't want him having to stay out there with the rest ofthe
administration over here. So if! bring him in to town like he should be we need to just
move some bodies around.
Mitchell Roberts asked are you going to keep your manning pretty much the same twenty
four seven with two?
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Chief Wilson said we are about to go to four man minimum manning that way we'll
always have two people here and two people there and then between myself and the
inspector we'll be the third or fourth floating around, Pretty much that would put six
people on duty every day, which is exceptional for this size Department.
Mitchell Roberts said which is good to because then at that point you have your resources
in place to fill another thing that's great,
Chief Wilson said when I came here they ran more calls where they had to have people
come in on overtime. They hired people on changed the manning requirements actually
upped it and that kind of thing. But they had under hired staff and they would still be
short one guy and they still would only have to have one guy come in instead oftwo.
Now we're at the point where we're going to four man minimum manning we'll have
some overtime occur but hopefully that will be off set by the call in not being as often.
Because it will be the third call would have to drop simultaneously or while the other two
are going down before we would be in trouble given the distance for back up. When the
first one goes out the second crew will achieve two persons to be listening to the radio
and ready to come in, If they get the call then they will call those two in then that leaves
myself or George during the day time hours also in the area to help, I'll set those
requirements until the other guys get in. We should be pretty self sufficient for our call
volume. It's a once in an unusual type circumstance that we get three calls dropped in a
row,
Kent Orner getting back to your preliminary budget that the County is requesting you
mentioned that they are going to continue with Pilt Funds?
Chief Wilson said we will receive Pilt Funds if we do not have enough money to fill our
budget need, Ifwe put our budget out and it comes with in the advalorem then they'll be
no Pilt.
Kent Orner asked ifthere have been any more discussions with East Naples taking on the
Ochopee Fire Control District or is that a dead issue right now?
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Chief Wilson said there has not been any discussion as of late, As a matter of fact
January 2005 was the last merger meeting and there hasn't been any discussion since.
Kent Orner asked ifthere was any other new business to bring up?
Chief Wilson said he was pretty well dry.
The meeting was adjourned through a motion.
7~~-~
Kent Orner, Cha'
Ochopee Fire Control District Advisory Board
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DSAC
Budqet & Operations Subcommittee
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April 12, 2006
3:00 p,m,
Conference Room 610
2006
I.
Approval of Agenda
Fiala
Halas
Henning
Coyle
Coletta
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II.
Appointment of Chairman
III. Approval of Minutes of March 22, 2006
IV. New Business
V. Old Business
A. Follow-up Report re External Access to Scanned
Documents - Conceptual Plan of Action - Jamie French
B. Update re Non-Conforming Structures - Susan Murray
VI. Next Regular Meeting - May 10, 2006 (3:00 p. m. - Conference Room 610)
VII. Adjournment
Goals and Objectives:
A, To make recommendations to the DSAC of Minimum Level Customer Service
Standards for all departments operating within CDES,
o To make recommendations to the DSAC of reports necessary for the DSAC to
measure CDES departments' performance in meeting Customer Service Standards.
o To make recommendations to the DSAC of improved means and methods
necessary for the DSAC to measure Customer Service Performance for all departments
operating within CDES,
o To make recommendations to the DSAC of improved means and methods
necessary to generate consistent application of Customer Service Policies and
Procedures of departments operating within CDES and to ensure the timely, accurate
and complete dissemination of these policies and procedures,
o To make recommendations to the DSAC relating to the adoption of the fiscal
year 2004/2005 CDES operating and capital budget prior to it being discussed by the
Board of County Commissioners at their preliminary budget workshops in the spring
of 2004,
Misc. Corres:
Date:
Item #: lto]: t ~A
Copies to,
March 22, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
BUDGET AND OPERATIONS SUB-COMMITTEE
Naples, Florida, March 22, 2006
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee Budget and Operations Sub-Committee in and for the
County of Collier, having conducted business herein, met on this date at
3:00 P.M. in REGULAR SESSION in Conference Room 609 in the Collier
County Development Services Center, 2800 N. Horseshoe Drive, Naples,
Florida, with the following members present:
Dalas Disney
David Dunnavant, Acting Chairman
James Boughton
Blair Foley
MEMBERS ABSENT: Jason Mikes
ALSO PRESENT: Ed Riley, Fire Code Official
Bill Hammond, Director Building Review & Permitting
Karel Thurston, Secretary, CDES
16/"1
March 22, 2006
The meeting was called to order by David Dunnavant, acting Chairman, at 3:10 PM, A
quorum was present.
I. Approval of Aeenda
Changes: Item II Appointment of Chairman will be taken up at next meeting when
new members are appointed and full board is present,
Item v: Old Business- item C -Jamie French was excused due to conflicting
schedule. Item moved to next meeting,
On a motion by Blair Foley, seconded by David Dunnavant the DSAC Budget
and Operations Sub-Committee approved the agenda as amended, Carried
unanimously 4-0,
II. Appointment of Chairman
This item will be taken up when full board is present and the new members are
appointed, so that full membership is able to vote,
III. Approval of Minutes of October 12. 2005 and Januarv 11. 2006
On a motion by Dalas Disney, seconded by Blair Foley the DSAC Budget and
Operations Sub-committee approved the minutes of October 12, 2005 and
January 11, 2006 as presented, Carried 3-0, Jim Boughton did not vote because
he was not a member at the time of these meetings.
IV, New Business
A, Discussion with Staff on Permitting Process
Bill Hammond reported on monthly information for review board. He noted the
volume of business is still at same level with approximately 4.000 permits coming
in and about the same number processed out; a 35% increase over last year.
Backlog is steady at an average of 15 days. IT has given the go-ahead on the
Sharepoint application, which will have reviews on the web-site. Request for
Proposal (RFP) for new software platform is out & in progress.
Ed Riley reported that it is taking about 81/2 days for first reviews, sometimes as
much as 20-30 and about 4 days for corrections. Fire alarm and fire sprinklers are
quicker, sometimes same day. Architecturals are taking longer. He has no space
to add more people, Fire District decided against a lease and has RFP to build
behind the Credit Union. It will take at least two years to build, Full DSAC gets
breakdown each month of stats on fire review- numbers of permits and time-
frames. Trying to get caught up.
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March 22, 2006
Bill Hammond stated new software will have the ability to provide two key aids.
One, is Bar-coding of plan sets to track progress each step of the way, similar to
filing a flight plan. Two, is GIS visibility, which will take out manual element that
now requires 150 line items to be done by hand. A brief background of the system
was gIVen,
Ed Riley mentioned that a similar process is used in Planning with SDP. If it
goes by date of review, computer will red flag when not meeting time frame for
deadlines, so that particular phase can be tracked down.
Questions arose on the ability for automated distribution and when will program
be up and running, Mr. Hammond responded that after entering reviewer's
comments into the computer, they will be available by fax, e-mail or hard copy,
according to how the person signs up to be informed. The big plus is they can be
up-dated and edited in the computer, saving a lot of time. The process will take
about six months after the selection date for the transfer, according to Purchasing
and IT. Volusia County's system was used as a basis for Collier County. Plan
is to have policy brought to DSAC in mid-April next and in effect about June 1 st.
He also stated that a line item for $250,000 to out source plan reviews is in the
budget. Last year 5 million square feet were outsourced to ICC for plan review.
Average is 3 to 4 million square feet a year. Many plan reviewers move from
inspectors to plan reviewer. If outsourced, may not have to go out for bid each
time, He spoke of need to prepare for influx of work from Ave Maria-schools
and road impact reviews will be coming up,
Committee members expressed pleasure that the software program is being
implemented by adapting this county's needs to a known workable system. Also,
that the timeframe is quite reasonable, Concern arose on the impact of the rush to
beat the time limit on code changes and road impact review. Also wants
assurance that qualified reviewers are used if outsourced.
Ed Riley Can't find qualified people at pay rate County can afford, because of the
housing situation. Took 6 months to find last employee. Hired three people who
turned down offer when they couldn't find housing, Relying on overtime to keep
up. Staff is taxed to the max,
V, Old Business
A. Follow-up Report re: Water Pressure for Sprinkler Systems-Roy Anderson
Roy Anderson was not present
B. Update re: Non-Conforming Structures-Susan Murray
Susan Murray was not present
C, Follow-up Report re: External Access to Scanned Documents
Conceptual Plan of Action-Jamie French
Mr, French was previously excused due to conflicting schedule,
All items deferred a later date,
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March 22, 2006
Dalas Disney requested that Mr. Riley be present at the meeting when item A. Report on
Water Pressure and Water Sprinklers is discussed. Sees a big issue that there is not enough
water to build,
David Dunnavant spoke about the status of the DSAC Budget and Operations Sub-
committee and reviewed the goals and objectives used to established the committee, ifthe
committee is accomplishing those objectives rather than just meeting because it is on a
meeting schedule.
Mr, Hammond and Mr, Riley both stated the committee is helpful because it is a forum to
sit down and solve problems with issuing permits; and making sure plans come in properly to
achieve that end, The idea that architects and engineers can provide input that can be used to
inform others. It was suggested that they could be pat of a class to teach others the proper
process,
Bill Hammond left at 3:54
Mr. Dunnavant inquired about an ordinance with a list of standard Fire Review
requirements.
Mr, Riley cited the FPA Code 1 and 101 and any referenced pamphlets regarding national
and local amendments, Also Collier County Fire Marshall's web page.
Discussion followed regarding enforcement, abuse of regulation standards and variables of
standard formula. Old codes sunset when new codes are set by the State.
He commented on the many things in his department that the committee could help to deal
with especially regarding:
· communication breakdown
· customer service
· problems of operating fire district out of the building dept
· needs everybody at the table to work together
· plan for a June start up date unrealistic
· not always in the loop or apprised of changes and so not part of decision process even
when their department is affected.
On a motion by David Dunnavant, seconded by Blair Foley the sub-committee agreed to
request Development Services, through Purchasing, forward a copy of request for RFP
for software platform to be sent to Mr. Riley at the Fire Department. Carried
unanimously 4-0,
Committee members commented that its usefulness is dependent on issues that can create
improvement. They expressed disappointment and frustration that persons scheduled on the
agenda did not appear and notice to committee was not given. Issues are not resolved and
time is wasted. To be effective, would prefer to meet only when specific issues are brought
up to be acted upon
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March 22, 2006
Karel Thurston stated that she is working in a temporary capacity, but will assure an agenda
is followed up with persons scheduled, if she is coordinating next meeting.
VI. Next Meetioe: Date
The next regular meeting of the DSAC Budget and Operations Sub-committee is
tentatively set for Wednesday, April 12, 2006 at 3:00 p.m. in Conference Room 610,
vn, Brian Foley moved to adjourn, Second by Dalas Disney, Carried unanimously 4-0,
There being no further business for the good of the County, the meeting was adjourned
at 4:45 P,M.
************
COLLIER COUNTY BUDGET AND OPERATIONS SUB-COMMITTEE OF THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Acting Chairman, David Dunnavant
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AGENDA
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DATE: APRil 19, 2006
TIME: 9:00 A.M.
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W. HARMON TURNER BUILDING
(ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
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ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY ,A.ND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
I, ROLL CALL
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: March 15,2006
V. DISCUSSION:
VI. NEW BUSINESS:
Stephen Sliemers
Request to be granted a Class "S" Air Condo License
Based on his exam and license from Ohio.
Ramiro Gonzalez
Request to qualify a 2nd entity.
Request to qualify a 2r,d entity,
Request to qualify a 2nd entity.
Request to qualify a 2nd entity,
David A. Cujas
Jahaziel Puente
Mauro Zabala
Workshop (if time permits) on amendments to Ordinance 2002-21.
VII. OLD BUSINESS:
VIII PUBLIC HEARINGS:
Case # 2006-05
Collier County vs Andrew Espinoza
D/B/A Island Concrete Products, Inc.
IX, REPORTS:
X. NEXT MEETING DATE:
Wednesday, May 17,2006
Mise. CanIs:
Date:
Item#:J (P:r: C,4
Copies to:
SUBJECT TO BOARD APPROVAL
MINUTES OF A REGULAR MEETING OF THE BIG CYPRESS BASIN BOARD
OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
COLLIER COUNTY GOVERNMENT CENTER
NAPLES, FLORIDA
December 8,2005
The following Board Members were present:
Alice J. Carlson, Chair
John F. Sorey, Vice Chair
Alicia Abbott, Secretary
Libby Anderson
Jon C. Staiger
Liesa Priddy
Clarence S. Tears, Jr., Director, Big Cypress Basin
CALL TO ORDER
The Big Cypress Basin Board meeting was called to order at 9: 1 0 a.m. by
Chairperson Alice Carlson. The Pledge of Allegiance followed.
Additions, Deletions, Substitutions to the Agenda
No additional New Business items. A letter from US Army Corps of
Engineers was distributed to Board members and will be discussed under Public
Comment.
Approval of Minutes
On motion by Ms, Anderson, seconded by Mr. Sorey, the Board
unanimously approved the minutes of the August 24,2005 meeting.
Abstentions
Misc. Corras:
There were no abstentions.
Date:
Item #:J (PI c,~
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Big Cypress Basin Board Minutes
December 8, 2005
Page 2
Presentation of "Wings of Hope" Program by Ricky Pires (Item #3 New
Business)
Ms. Carlson introduced Ricky Pires, Director of the Wings of Hope"
program. Ricky Pires has spearheaded this program since May of 2000, and
Wings of Hope has completed over 450 programs with over 5,000 FGCU
students that have completed this program through 10 service learning hours by
each student totaling 45,000 service learning hours presented to the community,
Each program consists of "6 challenges" (stations) that each student has to
complete and present either worksheets or PowerPoint presentations to Ricky. At
these stations, they learn about various Florida wildlife, including Florida
panthers, alligators, eagles and other native species of Florida through the
wildlife tracking program with the use of radio collars. They also learn about the
wetlands and how the native animals survive in the wetlands. Ricky also works
with other schools through fieldtrips by educating the lower classmates, including
grades 1 through 8 (mainly 4-5 graders) by introducing them to the 6 "den"
stations. The program is even open to the community - she lets her students
know that they are welcome to bring their families to learn about Florida's wildlife,
Ms. Pires program has been very successful and teachers are very impressed
with their student's participation and interest and education they receive from this
program.
Presentation of Commendation to City of Marco Island (Item #2 New
Business)
Ms. Carlson introduced Vickie Kelber, Chairperson of the City Council of
the City of Marco Island and Bill Moss, Marco Island's City Manager to accept the
award presented to the City of Marco Island for their proactive participation in
their 7 year plan to build their central sewer system and work to protect ground
water quality by getting rid of septic systems and restructuring their water rates to
conform to the District recommended standards for water conservation, The
District, Big Cypress Basin Board Members and staff commend the city for its
exemplary efforts. The Resolution commending the city was adopted at the
August 24. 2005 Big Cypress Basin Board meeting.
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December 8, 2005
Page 3
Presentation by Jill Trubey on BCB research and monitoring database and
Website, Contract OT050865 (Item #3 New Business)
Clarence introduced Jill Trubey from Florida Fish and Wildlife Conservation
Commission. Since 1998, she has been assisting in developing and maintaining
a web-based meta database of research and monitoring activities for the Big
Cypress Basin as part of the science plan development for the BCB region,
Today's presentation is just a demonstration of the changes that have been
made to upgrade and enhance the website. Her staff has been working directly
with the Big Cypress Basin watershed restoration coordination team so that
duplication of effort does not happen.
Presentation on Immokalee Area Stormwater Management Master Plan by
Jesus Mustafa, HW Lockner, Inc, (Item #4 New Business)
Clarence Tears introduced Jesus Mustafa, Senior Structural Manager of HW
Lockner, along with two of his associates, Dr. Fernando Miralles and Robert
Ross, who will be making presentations on the Immokalee Area Stormwater
Management Master Plan project. The staff of Big Cypress Basin (BCB) has
been concerned with the rapid growth in Immokalee; therefore, with the BCB
Board approval, BCB hired consultants from HW Lochner to do a conceptual
study and analysis of the existing water flows, current problems and situations
with stormwater drainage. The areas where problems were identified and
recommended to be addressed from this study are: Fish Creek Ditch, Fish Creek
Basin (Storage), Lake Trafford Road Ditch, and ponds in the Main Street, Market
Street and Madison Avenue areas.
Presentation by Rebecca Beck, Collier Environmental Educational
Consortium (CEEC) (Item #5 New Business)
Ms. Carlson introduced Rebecca Beck, representative of the Collier
Environmental Education Consortium. Ms. Beck thanked the District and Big
Cypress Basin for the past support allowing CEEC to recognize and reward the
efforts of outstanding teachers at the area schools. With dedicated funds from
the District, in 2005 a total of $4,500.00 was awarded to 16 schools; with 8
schools receiving $400 dollar awards, five schools - $200 and three schools -
$100 dollar awards. Many teachers have utilized the funds in field study sites,
agricultural and aqua cultural programs and also recycling programs. She
returned today, to thank the District and Big Cypress Basin for the continued
support to be awarded in the 2005-2006 school year. With this program, CEEC
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Big Cypress Basin Board Minutes
December 8,2005
Page 4
members have seen many teachers stepping up to the plate and getting more
involved in new projects.
Mr. Tears stated that one of the requirements from past BCB Board members
was to receive an annual report, which is included with this agenda, indicating
how many students, teachers and partners are involved in this project each year
(a remarkable program reaching out to the community through education).
Staff Report and Hydrologic Report
Hydrologic report shows an exceptional increase in rainfall activity. Mr.
Tears reported that through December the water levels were above normal for
this time of year with over 74" of rainfall. The historical average is between 50-
55" of rain a year. With the accumulative total of rainfall, it was extremely wet this
year,
PUBLIC COMMENT
On Agenda Item #4. Mr. William G, Price, a 42-year resident of Immokalee
in the Fish Creek area, commented that he was not aware of any public notices
regarding changes at Fish Creek and does not want to see any changes to the
area because it would damage a big part of the environment. He was concerned
that there was no mention of these plans previous to this meeting and that the
plans are only conceptual and not final plans.
On Agenda Item #4, Barbara Brister is a resident of Immokalee and her
comments had to do with the study on removing the dam under the sidewalk to
help waterflow across Lake Trafford Road, Before the dam was added, the water
flow seemed to have been better before all the changes. If improvements are
made, hopefully, they will improve the waterflow. Also, there is a problem with
waterflow near the Habitat for Humanity homes, especially during Hurricane
Wilma - studies need to be done in that area.
On Agenda Item #4, Mr. James Williams, resident of Immokalee area
commented that he is concerned about the increase of waterflow that will drain
onto his property and is also concerned that the construction of bigger culverts
will also affect the waterflow in his area. He mentioned that he did not hear of
any meetings or discussions regarding this conceptual plan.
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Big Cypress Basin Board Minutes
December 8,2005
Page 5
Jason Lauritsen representing Audubon of Florida commented regarding
letter from the U.S. Army Corps of Engineers received December 7, 2005
referencing the Mirasol project and the denial decision of granting the permit to
dredge and fill the wetlands within the Cocohatchee watershed. He said that,
had the permit for the design been approved, it would have resulted in
degradation of hundreds of acres of wetlands north of the Cocohatchee canal.
He also said that the appropriate actions affecting the outfalls should be
thoroughly considered not only for flood control but also the environmental
impacts as well.
Brad Cornell representing Audubon of Florida and Collier County Audubon
Society also had comments regarding the Mirasol project and wanted to reiterate
what Jason Lauritsen previously mentioned and that the denial was due to
extensive analysis and the documentation from the environmental organizations
had a great impact on the decision of the denial. Mr. Cornell offered to share the
documentation on the findings.
Nancy A. Payton, of Florida Wildlife Federation, came to support
Audubon's comments and encouraged SWFMD to explore natural storage
opportunities over environmentally harsh engineering solutions for the sites in
regard to the Mirasol project. She suggested that SWFMD should be seeking a
partnership with the various organizations in order to all work together in finding a
solution.
ADJOURNMENT
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The meeting was adjourned at 11 :05 ~m.
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COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 20, 2006, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
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AGENDA
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - MARCH 6, 2006, EAR MEETING; MARCH 8, 2006, EAR MEETING; MARCH 9, 2006,
EAR MEETING; MARCH 16,2006, REGULAR MEETING
6. BCC REPORT- RECAPS - MARCH 14,2006, REGULAR MEETING, MARCH 28, 2006, REGULAR MEETING
7. CHAIRMAN'S REPORT
A. Proposed Emergency Services Complex at Lely - Brief presentation by Peter Hayden, Senior Project
Manager, Facilities Management- TIME CERTAIN - To be heard first on the agenda
8. ADVERTISED PUBLIC HEARINGS
A. Petition: CU-2005-AR-8081, La Playa Golf Club LLC, represented by Fred Reischl, AICP, of Agnoli,
Barber & Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, is requesting a conditional
use allowed per LDC Section 2.04.03 of the RSF-3 (Residential Single Family) zoning district for a Golf
Course Maintenance Facility. This proposed conditional use will pe1111i~;lcr~~ration of the site and
construction of a new maintenance structure. The subject property, consm'mg ~~ acres, is located at 220
Cypress Way East, in Section 24, Township 48 South, Range Mast, Collier County, Florida.
(Coordinator: Carolina Valera) READVERTISED FROM 4/6/06 .
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B. Petition: RZ-2005-AR-8483, Michael Arbitman Trustee of Land Trust UAD and Mahmoud Rahim and
Raya Hussain, represented by Clay Brooker of CheffY Passidomo Wilson & Johnson and Laura Spurgeon, of
Johnson Engineering, Inc., requesting a rezone from the Agricultural (A) zoning district to the Commercial
Professional and General Office (C-I) zoning district for project to be known as Tivoli Office Building
Rezone. The subject property, consisting of 2.23 acres, is located on the southeast comer of the intersection
of Livingston Road and Veterans Memorial Boulevard, Section 13, Township 48 South, Range 25 East,
Collier County, Florida. (Coordinator: Carolina Valera)
C. Petition: PUDZ-2005-AR-8561, BRB Development, LLC, represented by D. Wayne Arnold, AICP of Q.
Grady Minor and Associates, P.A. and Richard Yovanovich of Goodlette, Coleman and Johnson, P.A.,
requesting a rezone from the C-I and C-3 zoning districts to the "CPUD" Commercial Planned Unit
Development zoning district proposing a variety of retail, office, professional and business service, and
indoor self storage land uses with a maximum of 163,000 commercial floor area to be known as BRB
Development CPUD. The subject property, consisting of 3.2 acres, is located at 1025 Piper Boulevard,
Section 23, Township 48 S, Range 25 E, Collier County, Florida. (Coordinator: Carolina Valera)
D. Petition: PUDA-2005-AR-8745, II Regalo, LLC, requesting a PUD Amendment for Carlisle Regency PUD.
The PUD Amendment proposes to allow for a two-story single-family or two-family home as a replacement
for the current one-story single-family or two-family home. The amendment is also requesting to revise the
ownership of the PUD. The subject property consists of 11.7 acres and is located on the south side of
Orange Blossom Drive, immediately east of Yarberry Lane, in Section 2, Township 49 South, Range 25
East, Collier County, Florida. (Coordinator: Melissa Zone)
E. Petition: PUDZ-A-2004-AR-6283. Lely Development Corporation, represented by Coastal Engineering
Consultants, Inc., request an amendment to the Lely Barefoot Beach PUD by revising the PUD document
and Master Plan to amend Tract "J" from a 1.74 acre utility site to a .73 single-family residential development
site and 1.01 acre mangrove preserve area. Tract "J" consists of 1.74 acres and is located at the southwest
corner of Barefoot Beach Boulevard and Bayfront Drive, located in Sections 5, 6, 7 & 8, Township 48
South, Range 25 East, Collier County, Flori (Coordinator: Melissa Zone) CONTINUED FROM 4/6/06
9. OLD BUSINESS
10. NEW BUSINESS
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
4-20-06/CCPC AgendaIRB/sp
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March 6, 2 06
TRANSCRIPT OF THE SPECIAL MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
March 6, 2006
LET IT BE REMEMBERED, that the Collier County Planning Commi~sion in and for the County of
Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION at the
Board of County Commissioners Meeting Room, Administration Building, County Government Center,
3301 Tamiami Trail East, Naples, Florida, with the following members present:
CHAIRMAN:
Mark Strain
Lindy Adelstein
Bob Murray
Brad Schiffer
Robert Vigliotti
Donna Caron
Russell Tuff
Tor Kolflat
Paul Midney (arrived late)
ALSO PRESENT:
Steve Griffin, Assistant County Attorney
Randy Cohen, Comprehensive Planning Director
David Weeks, Planning Manager
CHAIRMAN STRAIN: Good morning everyone. If you'll please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Madam Secretary, would you do the role
call.
COMMISSIONER CARON: Mr. Kolflat.
COMMISSIONER KOLFLAT: Here,
COMMISSIONER CARON: Mr. Schiffer.
COMMISSIONER SCHIFFER: Here.
COMMISSIONER CARON: Mr. Midney is absent.
Ms. Caron is present.
Mr. Strain.
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein.
COMMISSIONER ADELSTEIN: Here.
COMMISSIONER CARON: Mr. Murray.
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: And Mr. Tuff.
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March 6,2006
COMMISSIONER TUFF: Here.
CHAIRMAN STRAIN: Thank you.
There has been no written agenda provided, so I'm going to quickly brief the commission on the
way I have established an agenda today.
We're going to have a presentation, a short presentation by the county attorney on some Sunshine
issues concerning the manual he just passed out. Hopefully, that will be less than 30 minutes.
I also will be asking the commission to abide by certain rules today as we move forward in the
meeting, and I'm explain those after the County Attorney is done.
We have some issues to help the court reporter out which we need to get all on the same consensus
so we can move forward on that.
And with that, then we'll get into the meeting. We're going to start today with the CCME. That
seems to be one of the most important issues involving most of the public, a lot of the public.
Then we'll go into the FLU after that. And then from there we'll move into the other items that
respond to the public that might be here today, and we'll finally get into the ones that don't require or don't
have as much public attendance at the end of the meeting, whether it's today, Wednesday, or Thursday.
With that, Mr. Weigel.
MR. WEIGEL: Thank you. It's a pleasure to be here today. I'm Dave Weigel, the County Attorney.
And as some of you are aware, periodically we provide lectures, seminars throughout the county to
advisory boards and -- relating to the Sunshine Law, the Public Records Law, the Ethics Law and the ex
parte communications.
My intent is to cover all major elements of the Sunshine Law, and ifthere is some time, to talk a
little bit further about, very briefly about Public Records Law and a little bit about the ex parte
communications which are very important to this board, the Code Enforcement Board, the Board of County
Commissioners and the Contractor's Licensing Board.
One ofthe things that I tell everyone is this these laws, the Public Records Law and the Sunshine
Law were not enacted to make local government business any easier. But they were enacted to make the
local government process available and accessible to the public, and that's particularly true in regard to the
Sunshine and the Public Records Law. The idea is that the decision-making process is visible, if desired by
persons from the public from start to finish.
Additionally, at the outset I'll let you know that the Sunshine Law is to be liberally construed, while
exceptions to it are to be narrowly construed.
What is the scope of the Sunshine Law? It applies as a right of access to government
recommendatory and other advisory bodies at the state and local levels, primarily local level, and the law is
equally applicable to elected and appointed boards, has been applied to any gathering of two or more
persons of a committee or a board that may discuss some matter which may foreseeably come before that
committee or board.
Now, the booklets I've passed out are broken up into four categories. The first is Sunshine Law with
some subparts. The second tab is Public Records Law with a few small parts. Third is the ethics aspect of
local government work. And the fourth one is the ex-parte communications. If you wish to follow you may.
I'm going to be working a bit from what we call the slides or the power point presentation that we have.
But, at any rate, the Sunshine Law really boils down to three basic requirements: Meetings of public
boards or committees must be open to the public. There must be reasonable notice of the meeting provided
ahead of time so that any member of the public that may wish to come has reasonable notice and the ability
therefore to attend. The last thing is that minutes of the meeting must be taken or created.
Three things, three legged stool. The meeting must be accessible to the public, there must be
minutes taken ofthe meeting and reasonable notice of the meeting must be given ahead oftime.
What agencies are covered by the Sunshine Law? Well, advisory committees, particularly ones, you might
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March 6, 2006
say, that have even final say-so. But advisory committees that make recommendations or committees that,
that have final decision making authority.
What if there's mere fact-finding by a committee? Typically, we have few committees of permanent
duration that are permanent fact-finding committees, But often there are subcommittees that may be created
within a committee to go and find some information,
Both case law and Attorney General opinion is such that if a subcommittee is formed to go off and
obtain information, that subcommittee of one or more persons does not have to follow the Sunshine Law,
meaning giving reasonable notice, public access and minutes being taken or he or they, she or they are only
asking questions and bringing it back.
rfyou have a team of people that go out they cannot talk to each other about the matters that have
foreseeably come before that board or committee. They can ask questions of third parties and both listen, or
however many are on the subcommittee can listen to what these answers are.
A fact-finding committee or subcommittee is not to be used as a subterfuge to communicate
between committee members. And that runs throughout. There are many ways in which committee
members could communicate to each other indirectly or directly, and that is no-no under the Government in
the Sunshine Law.
Does the Sunshine Law apply to staff? Well, no, in the sense that staff are not on the committee.
Staff cannot be used as a conduit or a liaison between committee members for polling or other purposes.
Does the Sunshine Law apply to members of public boards who also are administrative officers of
some kind? Well, that can be problematic. And we've seen this in the health care area here in Collier
County where you've got people related to nursing, hospitals, medical, other medical ancillary services and
things of that nature that may all come together and be appointed to a committee that has work that also
comes up in their daily lives as independent professionals. It has to be looked at very carefully. If that
situation ever comes up, we recommend that the county attorney office be consulted early. There are ways
to work through it and around it as well as with specific statutory ordinance procedures that can be
implemented, and we've done that in the past.
What kind of a meeting is subject to the Sunshine Law? Well, how many board members need to
be present to have a meeting? Well, you have to have, I think, five of nine to have a quorum here.
However, it only, under the Sunshine Law, takes two members coming together discussing matters that
reasonably, foreseeably come before that committee or board that you've got technically a meeting under
the Sunshine Law. Two or more members.
What is a meeting? Well, it's not merely a physical meeting, but it can be where you've got written
correspondence between the members. So you must be very careful about E-mail correspondence or letters
or memos or things of that nature.
I advise the board constantly, certainly repeatedly, about the fact that if they do, if one must
communicate with another committee member or board member that you make sure it just goes one way.
Because if the recipient, board or committee member or members, if anyone of them inadvertently or for
other reasons purposely responds to you, then you would have a forbidden communication which is
considered an illegal meeting under the Sunshine Law. So if one takes upon his or herself the thought to
transmit communications in a written format or oral, of course, to another committee member, you do run a
risk that someone else may even inadvertently respond to you and it could be problematic.
At least some ofthe commissioners, when they are writing to each other -- to the other
commissioners will put in bold or somehow at the bottom of the memo, please do not respond to this
memo. Because all that commissioner is wanting to do is just provide some general information for others
to know before a meeting. It can be done, therefore. It must be done very cautiously and it's certainly not
recommended by the County Attorney.
Telephone conversations can be meetings. There was an article in the paper about a year, year and a
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half ago, in fact, you'll find it within your back-up material under Sunshine Law about the Lee County
School Board communicating to each other via cell phones. And that was, that can be problematic.
rfyou have the delegation of authority to a single individual, such as the chairman or someone else
has delegated the authority to act on behalf of the entire committee, that then, that individual or that
subcommittee, however you may create this thing, may take on and continue with all ofthe power and
authority of the committee as a whole and therefore that individual or that subcommittee may in fact have
to follow the Sunshine Law. Those three things are: Reasonable notice, public access and minutes being
taken.
Use of computers. As I've indicated, E-mails or other kinds of transmittals through computers can
be problematic. r think you should be very careful about that. And if you ever have any individual
questions, of course, please talk to the county attorney office.
The use of non-members as liaison between you is inappropriate and illegal under the Sunshine
Law. As I mentioned before.
What types of discussions are covered by the Sunshine Law? Well, obviously your regularly
noticed meetings are meetings under the Sunshine Law. You have it here at a public facility, minutes are
being taken, you typically have even a court reporter here, which is great.
Do minutes have to be verbatim? No. rfyou had one of these little sub meetings or small meetings,
two or more persons come together and they provided appropriate notice ahead of time, all they have to do
is take minutes. They can be rather cursory, just indicate what the meeting was about. By virtue of the fact
that verbatim minutes are taken, a public record is created. It also then is part of the public records law
requirements.
Any two-way communications of your members ifthe matters happened to be -- the subject matter
happens to be something that would reasonably, foreseeably come before you. And if you have any special
meetings, of course, those are subject to the Sunshine Law as well.
What are the consequences if a public board or commission fails to comply with the Sunshine Law?
And note what I said: A public board or commission, it applies to the members as well. Well, there are
criminal penalties. There's the potential for removal from office. There's non-criminal infractions and
the potential to be liable for attorney fees. r have been asked before, well, let's get a little detail on that, and
so I'll give you a very brief detail. In regard to the criminal penalties, a knowing violation of the Sunshine
Law, a person who violates knowingly is guilty of a misdemeanor of the second degree. The penalties may
be imprisonment up to 60 days and a fine of up to $500.
As I mentioned before there can be suspension or removal from office. And of course you serve at
essentially the pleasure of the Board of County Commissioners here. When it's elected officials, they are
subject to suspension or removal by the Governor, and we've seen that occur locally, as well.
The non-criminal infraction is another way of enforcement here, and what's more by the inadvertent
violation of the Sunshine Law. And that's punishable by a fine of up to $500. And reasonable attorney fees
maybe assessed against successfully prosecuted Sunshine Law violators as a committee, a board or
members. Attorney fees. That can be significantly more than the fine.
As you probably heard under the prior discussions that we've given under the ethics ordinance, the
county does have a safety net that we call it, a resolution adopted in 1995 that is a board policy to provide --
to provide potentially the payment for counsel to represent you, or the counsel provided by the County
Attorney office. Again, this, I'm not here to talk about ethics ad nauseam today and some of those aspects
but there are limitations, and we know from a track record, limitations of what the board will do relative to
the providing of counselor the costs of counsel if an individual staff or committee member may be, come
into the crosshairs and have a complaint filed against them.
One ofthe things that is very important to know is that perception's obviously very important as
well as the actual technical compliance or non-compliance with any statute to which you must follow. And
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that is, who wants to be in the crosshairs of being defensive, saying, well, what I did was correct or what I
did was technically correct, when in fact perhaps a little ounce of prevention ahead of time could have
avoided the question in the first place.
And it's possible that complaints are filed -- they don't ask when a complaint is filed if this was filed with
malice or if there is any reasoning behind it. A complaint is filed and it's investigated and it must, you
know, be run to ground as far as that goes. So again, we must be very careful about how we operate under
the Sunshine Law.
As I indicated at the beginning the law wasn't created to make your jobs easier, although the county
attorney, the Board of County Commissioners recognizes you have put yourself to some degree in a
position of potential liability or vulnerability just by entering the government forum in the first place. But,
the fact is that we all sincerely appreciate your intentions to get the job done, to fulfill the charge that's been
given to you and we want to keep you advised of the law so that you can get there.
Another thing that is important to know that in the process of decision-making, and frequently your
decision-making comes over a period of time, several meetings -- in the process of decision-making if there
is a violation ofthe Sunshine Law along the way --
(Mr. Midney enters the room.)
MR. WEIGEL: By two members or on the floor of the meeting here, something to that respect, if
there is a violation, the courts have ruled that any violation makes the whole decision-making process void
ab initio, that is it is also to be thrown out and you have to do it over again.
So cutting comers, even though it's for the noble cause of gaining more information and being more
effective in your individual decision-making process, cutting comers based on participation of meetings of,
as defined by statute as two or more persons coming together discussing matters that foreseeably come
before the board, these kinds of things can be a stumbling block even though you are doing it for ostensibly
the best purposes possible to come to a meeting and be able to elucidate and assist others in making a
decision as well as yourself. You must be very careful like that.
Recognizing that the Sunshine Law should be construed so as to frustrate all evasive devices, the
courts have held that action taken in violation of the law is void ab initio.
There is one thing I'll mention just in passing, there has been a little bit of case law that indicates
that some actions taken in violation ofthe Sunshine Law have in fact been able to be cured by subsequent
action of that board or committee. And that happens, essentially, usually before a complaint has been filed
and the investigation is going on. But if there happens to be an anomaly and there is improper notice or it's
a little short or things of that nature, the committee -- there have been a couple of court cases where the
committee has met again under the full regalia of the Sunshine Law and met those three requirements of
notice, access and redone what they did before, and it has been declared, quote, Sunshine bright under the
case law. But it's a position you really don't want to be in because it's kind of a defensive position in the
first place.
Of course you can always contact me, David Weigel, or my Chief Assistant Mike Pettit at any time
relative to Sunshine Law questions or any other questions that you have relating to your responsibilities.
Now, I've got a few minutes left, perhaps. I would just like to mention that public records are very
important, and I can, could go on 20 minutes on a public records symposium but what I'll tell you is every
note that you create relative to your job here is a public record, and the short course that we give is to keep
them and put them in an expanding file or something. Because when public records requests are made, and
the Public Record Law is no different than the Sunshine Law, it's expansively viewed, liberally constructed,
and exemptions are viewed very narrowly.
So, chances are most if not all of what you create or receive relative to your committee activities
here are public records, and to the extent that your liaison, staff liaison has these things that's a good thing
because we have had, we the county attorney office or the county manager's office have had requests in the
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past for all of the public records that have come -- oh, for instance, relative to the 1977 three-year process
of growth management plan amendment that we had to do over again pursuant to the Governor's
declaration several years ago. We had committee members that -- committees had long since left, had
finished their function. Committee members had gone out back into their private lives, and we had to
gather the material. Fortunately, we were able to do that but we learned from that very quickly that the
material you keep while you're on the board should be kept segregated so it's accessible, makes it easier for
you, takes you out of the spotlight if in fact a broad public records request is made and you the individual
can't come up with something. And additionally you can always just turn those in when you leave the
committee and turn them over to the staffliaison to that committee and you'll know then that you've
fulfilled and done everything you need to do in regard to public records.
Here is an interesting thing I'll mention also about ex-parte declarations, which applies to you, the
Board of County Commissioners, Contractor's Licensing Board, Code Enforcement board and possibly the
PV AC, Public Vehicle Advisory Committee, and that is at the beginning of your meetings or at least during
the course of discussion on items you need to talk about what you have learned or information, written
material that has come into your presence or conversations you have had relative to the specific item where
an ex-parte declaration is required; conditional uses, variances, PUD, zoning, straight rezone, those kinds
of matters.
Well, we have had a process in place since 1995 subsequent to a Court case called the Jennings
case in 1991 where the ex -parte declarations must be had if you have, receive information outside of
committee meetings during the course of the meeting prior to the ultimate decision or vote being taken.
Now, why do you have to do these ex-parte declarations? It's because the 1991 Jennings case
indicated that when a board or committee that has, particularly has final decision-making authority hears
things outside of the committee chambers at a Sunshine-type meeting, that that is per se prejudicial to the
petitioner or whoever it was that may have an iron in the fire concerning an interest in the matter that's
before the committee or board, that something was given to the commissioners, the committee members
outside the meeting and he or she or they have no idea what it is and they should be given, as the court has
said, an opportunity to respond or refute.
So the 1995 resolution that the county has in place, and it's in your books there, and I provide this to
the planning commission as well as the board in the fall of every year after summer recess, indicates that
you must in fact make these declarations of written materials that you have and put them in the record as
well as indicate in, on the record orally with whom you have spoken.
And to the extent that you can recall I would certainly advise you, try to tell a little bit what it was
about. Because there is the opportunity for the persons who don't know about these communications,
written or oral, to have the opportunity to ask about them further so that they can properly refute or
comment.
And so to the extent that your disclosures are made early and often it diffuses the issue in regard to
ex-parte communications.
That's really all I'm going to say right now. One thing I will mention, kind of an interesting anomaly
here between ex-parte communications and the Sunshine Law. You do have a fifth amendment right not to
incriminate yourself. Yet, if you spoke with another committee member in regard to matters coming before
you which required an ex-parte communication, you would be in a position to incriminate yourself under
the Sunshine Law by obeying the ex-parte communications requirement for disclosure. Think about it.
Thank you very much. And if you have any questions, please call us at the County Attorney's office.
CHAIRMAN STRAIN: David, thank you very much. I appreciate that, and hopefully we will make
sure we stay out of trouble.
MR. WEIGEL: You are a good group.
CHAIRMAN STRAIN: So far. Thank you.
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There is a couple of housekeeping issues I would like to talk about. If you recall a couple of weeks
ago the court reporter did not make it to one of our meetings, As a follow-up to that incident the Clerk of
Courts talked to the court reporter's office to find out or try to make sure this doesn't happen again. But in
doing so he related to me some issues that this board could do better in regards to helping the court
reporters out.
And so, I would like to ask you all to, throughout today's meeting and any others in the future, but
for the next few days they are going to be pretty intense, when you speak, bring the mike close to you. Do
not, please, interrupt anybody else or talk over anyone. And please wait to be recognized to speak,
I'm going to ask that Commissioner Caron and Commissioner Adelstein help me in regards, I can't
look both ways all the time, constantly, and if you two could just watch your sides of the podium and then
tap me in case someone needs to speak I would like that they be recognized and then speak in turn,
And also the speed of our discussion. We need to speak not too fast, not too slow, because we don't
want to take this into two weeks, but enough so that she can accurately take your minutes. Ifwe could all
cooperate that way I'm sure it would be a large help.
Another issue that I would like to ask is these meetings today and Wednesday and possibly
Thursday will be pretty intense and there are a lot of issues that could lead to a lot of other issues. I would
like to remind the board that we're here today to discuss the changes in the EAR amendments not the entire
plan.
There are issues in the plan that we may be bothered by but if they are not affected by the changes
I'd like us to stay focused today and not wander off into tangents and stay on the changes because we have
to get through this and there is an awful lot to get through.
Then the last thing I would like to do is ask staffhow they intend to present the Planning
Commission's recommendations to the Board of Commissioners. I don't know who here is going to make
that presentation to the BCe. My concern has arisen out of the way I've seen the EAC recommendations
presented to us. The EAC's recommendations by paragraphs were listed. However, staffs preferred method
or staffs preferred arrangement of those were first with a footnote for the EAC. I'm telling you now I don't
think that's appropriate for this board. If staff disagrees with us you become the footnote, we become the
focus. And if there is a problem with that I would sure like to know it so we can have the County Attorney
research the issue if need be.
MR. WEEKS: For the record, David Weeks, Planning Manager in the Comprehensive Planning
Department.
Mr. Chairman, our intent is to create a separate document probably titled CCPC Recommendations
and by each element identify the recommendations ofthis body.
CHAIRMAN STRAIN: Okay. This body is the LP A designated to Collier County. And according
to the statutes that I have read this body makes the recommendation of approval to the BCC. So I don't
know about a supplemental document of our recommendations but I think the document is our
recommendations. And if you guys want to create a supplement for your recommendations that's your
prerogative, you are citizens as well, But unless the county attorney tells me I'm wrong I believe that this
boards' recommendations get the priority placement as far as the package goes, and if you want to make a
supplement for things you disagree with, and I believe that's the process that we should adhere to. And
Steve, if this is the wrong information or the wrong advice I certainly would like to know it before the day
is over so that we can get this resolved so it goes forward in the right manner.
MR. GRIFFIN: Mr. Chairman, for the record, Steve Griffin, Assistant County Attorney.
I think what you are proposing is reasonable under the rules and under the law as long as --
CHAIRMAN STRAIN: You need to pull your mike a little closer, Steve.
MR. GRIFFIN: Yes. As long as it's made the I'm -- as long as it's made clear what staff
recommendations are as opposed to what this body's recommendations are, I think that that would suffice.
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And I understand there is some concern that one is in a footnote and one is in the main body, but as long as
it's clear to a reasonable person that is reviewing these recommendations who is recommending what, I
think that's the main goal.
But what you're saying in terms of yours being the, perhaps cited as the main recommendations and
then a separate document that would be staff, as long as they are presented at the same time I don't see any
problem with that.
CHAIRMAN STRAIN: Okay. Is there any concerns with staff on that process?
MR. WEEKS: No, sir. Mr. Chairman, I think I understand your concern as the discussion has gone
on. I believe you are referring specifically to the matter of the watershed management plans where staff and
EAC disagreed.
CHAIRMAN STRAIN : Yes, I am.
MR. WEEKS: And staffhas presented to you the staff language and then noted that EAC's
recommendation is different. And I believe your point, Mr. Chairman, is as the LP A you believe it
appropriate that we reflect this body's recommendations to the board and then in any exceptions to that
have a footnote or otherwise have staff notate that off to the side. We have no objection.
CHAIRMAN STRAIN: Thank you.
It looks like all of the housekeeping items I have.
COMMISSIONER ADELSTEIN: One more, Mr. Chairman. I have heard two things today; that the
extra meeting if necessary would be Thursday and Wednesday and Friday, and I want to know which one it
IS.
CHAIRMAN STRAIN: Staff, I think you -- what days do you have this room reserved for? I know
Wednesday is.
MR. WEEKS: Wednesday and then Thursday the 9th from 9:00 to 12:30.
CHAIRMAN STRAIN: Thank you. And by the way, the order in which we're going to start today is
the CCME, then we'll be going into the FLU and after that we will try to get into the housing element
unless there is number of public here focused on another element of the EAR. We're here to serve the
public and I want to make sure that if they wait here all day they can at least get heard to the best oftheir
abilities.
Okay. And with that I'll turn the presentation over to staff. CCME would be first.
MR. WEEKS: Good morning, Commissioners. Again, for the record, David Weeks, Planning
Manager in the Comprehensive Planning Department.
I first want to give a very brief overview of the amendment package as a whole and then we'll move
right into the conservation and coastal management element.
Commissioners, as you are aware from prior experience as well as reading the staff report, the
Florida statutes require local government to prepare an evaluation and appraisal report, EAR, every seven
years. That's when we have to prepare an analysis of our comprehensive plan, look at its shortcomings, its
successes. We also look to see what changes have occurred in state law in particular as well as possibly
federal law that might have some impact on our local comprehensive plan. And through a public hearing
process we ultimately adopt an EAR which identifies the issues with our comprehensive plan and identifies
those areas which we believe we need to amend the comprehensive plan to address the issues identified in
the EAR.
The purpose of today's hearing is discuss those recommended amendments to our comprehensive
plan based on the EAR. However, we also have some amendments before you today that are based on the
AUIR, the Annual Updated Inventory Report.
Ordinarily, amendments to the comprehensive plan based on the AUIR are completely separate,
that those occur annually, and in the case of the times when they overlap with an EAR they are usually held
at separate hearings.
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The Department of Community Affairs, the state agency in Tallahassee that oversees
comprehensive plans and amendments thereto, has stated their preference that we go ahead and incorporate
those AUIR amendments along with these EAR amendments. The Board of County Commissioners has
agreed with that approach and therefore we have included those as well in today's packet.
As you note, the staff report is rather brief. We've only tried to draw attention to some of the issues
that we believe should be stressed to you, brought out to you, your attention for each of the various
elements, We've also noted in the staff report where an EAR recommendation is made and yet staff is not
proposing an amendment based upon that recommendation, and given a brief explanation of why not.
We've done that each element at a time,
Also, you've received E-mails from staff, one from Bill Lorenz, the Environmental Services
Director, on Saturday, March 4th. You also received one from me on that same day. Mr. Lorenz's was the
most detailed. It was identifying the recommendations from the EAC, Environmental Advisory Council,
from their March 1 st hearing on the Conservation and Coastal Management Element.
The EAC discussed the CCME, Conservation and Coastal Management Element, at about three
different hearings, maybe four, and their last one being March 1 st. And because of the timing you had
already had your packets distributed to you, that's why Mr. Lorenz needed to provide the separate
information to you as to what the EAC's recommendations were from March 1 st.
We also have in addition to that E-mail being sent to you as a courtesy in advance of this meeting;
Mr. Lorenz also has a hard copy of those changes. And as we get into the discussion of the CCME we will
present those to you in hard copy.
The E-mail that I sent you on March 4th was rather short, and as you could see, identified that the
EAC had no recommendation, no recommended changes beyond what staff presented of the Immokalee
area master plan. And for the housing element they had one minor wordsmithing change, an obvious error
on staffs part. And that is noted in that E-mail.
Finally, my E-mail of March 4th brought to attention one additional change that is not mentioned
anywhere in your packet. And that is a house cleaning change but nonetheless thought it should be brought
to your attention.
In the rural lands stewardship overlay, Policy 4.4 provides for a retroactive amendment to the future
land use map to show any stewardship receiving area that has been approved by the county, That policy
specifically provides such a map amendment is not required at the time that the stewardship receiving area
is approved but, again, to occur retroactively during the EAR amendment process. As you are aware, Ave
Maria town is the one and only stewardship receiving area that has been approved so far by Collier County,
and we're just bringing to your attention that we will make the map amendment to show the location of the
Ave Maria town.
I would like -- that will conclude my introductory remarks, Mr. Chairman. I would ask that at the
conclusion of each element that you take a vote on that element so we can take these and complete them
one at a time. Thank you.
CHAIRMAN STRAIN: David, Commissioner Murray had a question.
COMMISSIONER MURRAY: You said the EAR is a seven year -- every years.
MR. WEEKS: Yes.
COMMISSIONER MURRAY: But you also now just mentioned that if you are going to do a
retroactive for the amendment, could it be that the document would wait several years before it were
updated?
MR. WEEKS: It could be. That is the way the plan spells it out right now for these stewardship
receiving areas. The way it reads is, it requires us with each EAR-based amendment process to identify
those additional stewardship receiving areas.
I can tell you the staffs preference would be to do it annually, to do it more frequently so there is
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not a lag of several years where the future land use map is not --
COMMISSIONER MURRAY: So you are going to go further than the requirement. Thank you.
MR. WEEKS: That is correct. That is our intent, yes, sir.
CHAIRMAN STRAIN: David, you had asked that we hear every element and at the end make a
recommendation. I'm not sure we'll all be in consensus on every paragraph and every sentence and every
word of each page ofthis element. So I'm not sure we'll be able to do that. We may want to poll as we go
forward and then comment to staff that way. I don't know if that needs to take the form of a vote for each
paragraph that we possibly disagree with or each wording or we wait until the end and because one
paragraph may not be to the liking of one member, then that member votes it down. And so Steve, is there a
way that you care to see this go?
MR. GRIFFIN: I think Mr. Weeks was about to say something. If you need more I'll try.
MR. WEEKS: My suggestion would be that, as I know you do tend to do yourself, Mr. Chairman,
but staff keep notes of the discussion. Because usually it's pretty evident in your discussions on an element
as you go through a particular policy or paragraph of area where there is some disagreement.
So I would suggest that staff track those as well as any planning commissioners if you choose, and
then at the time of taking your vote hopefully we can assist you then in identifying the areas at issue.
CHAIRMAN STRAIN: That will work.
MR. COHEN: Mr. Chairman, for the record, Randy Cohen, Comprehensive Planning Director. My
main concern is obviously with this document going forward as the LP A's document that we have the exact
language incorporated into the document. So I think after you make your recommendation as a staff we
need to read that back to make certain that we don't miss anything.
CHAIRMAN STRAIN: I would appreciate that. And I think that as important as this document is
because it will set the pattern for growth in this county for many years, if it takes all day, all week, all
month to get the language right I'm willing to stay here and get it done.
So we will proceed paragraph by paragraph. And I guess then that's the CCME. And David, are you
going to be doing the discussion for the CCME responses and back and forth with staff?
MR. WEEKS: In this case we'll ask Bill Lorenz to come up and do that, Mr. Chairman.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: As he's approaching I wanted to pass out to you -- well, first let me ask, Mr.
Chairman, the E-mail that I sent on March 4th was about half a page. Would you like me to distribute
these?
CHAIRMAN STRAIN: I would, for the record, David, only because -- and if you have copies for
the audience to those that would like it -- there's been so many reiterations of this entire document and so
many versions, I think it would be handy to know which one we're dealing with today.
COMMISSIONER MURRAY: Do we need to make a motion to
bring these into the public record?
CHAIRMAN STRAIN: We can do that in a regular meeting but I'm not sure this is a -- Steve?
MR. GRIFFIN: I don't believe you have to do that, Mr. Chairman.
CHAIRMAN STRAIN: Thank you. And David, for the record,
the version of this document that I am reading from today for this
meeting is dated in the upper right-hand comer 2/24/06. Is that everything, the same one that staff is
reading from -- I mean, the rest
of the commission is reading from?
MR. WEEKS: That is the staff version, again, as supplemented by Bill Lorenz's E-mail of March
4th.
CHAIRMAN STRAIN: There was some recommendations from
the EAC provided to us by E-mail. Do you have those in hard copy
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March 6, 2006
for distribution before we get going?
MR. WEEKS: Yes, we do. I'll distribute those now.
CHAIRMAN STRAIN: You also have those for members of the
audience that would need them?
If anybody in the audience is looking for copies of this
information, at some point Mr. Lorenz will have to take a -- raise your hand when he's ready to pass them
and he'll have to distribute them.
Bill, for those members of the public who would like copies ofthis document that is being passed
out, Bill, would you -- David, would you look into the group and see who could raise their hand right now
who would like those. Thank you.
Bill, I'm assuming you are going to want to start with Page 1, or at least we would like to start with
Page 1.
MR. LORENZ: Well, I have a couple of, just some brief, a brief overview a little bit for you. And
then however you want me to
proceed --
CHAIRMAN STRAIN: I wasn't sure David's overview was
yours or not. But you're more than welcome to make one.
MR. LORENZ: Okay. Thank you,
David, we've already talked about the E-mail. Just to let, one point to make is that there is some,
probably, fairly number of amendments in the CCME, the conservation and coastal management element,
and for some of the -- for some of the commission
members just a little bit of a time frame.
The Board of County Commissioners adopted amendments, a comprehensive set of amendments to
the CCME in June of 2002 regarding the, as a result of the Governor Cabinet's final order that, that in 1999
found us in non-compliance with our conservation elements. We had a series of administrative hearings.
The amendments were not effective until July of2003. And land development code amendments to
implement the provision of the GMP were not implemented until February of2004. So right now we're in
mid-March of 2006, some two years from the LDRs and we had to put together the information for the
EAR report in, at least my draft was in November of 2003. So at that particular point we didn't have a lot of
history going into the EAR report for the final amendments. The point of it is as we began to implement the
programs since the EAR report we have found a number of areas where either because of language clarity
or some, I won't say inconsistencies, but some places where it was difficult to apply the GMPs we were
looking at making some further amendments and in the EAR report we noted that we did not have
sufficient data at that particular point to evaluate the implementation ofthe final order
amendments.
So you will see some what I would call somewhat substantive changes within the CCME and I'll
just briefly highlight those.
One ofthe issues that took a lot oftime with the environmental advisory council, the EAC, was the
issue of storm water, and specifically stormwater with regard to total watershed management planning and
also stormwater as an allowable use in our preserve areas that we've set aside for native vegetation retention
standards -- and we'll work our way through -- but that was one issue.
And several other issues that were in there dealt with developing a mechanism to allow for off-site
retention of native vegetation as opposed to the strict requirement of native vegetation to be retained on site
for all sites, no matter what situations and conditions. So that was, was addressed.
The flexibility within creating those preserve areas, also looking at some mechanisms other than a
conservation easement for preserve, for ensuring that those preserve areas will be utilized or protected
throughout the future.
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And also some, a change in the environmental impact statement or EIS thresholds that we want to
make sure that we're not generating a lot of paperwork from the applicant and for staff to review but
actually gathering proper data and information to make wise decisions but to be efficient in that process.
Those were five areas that I certainly began to concentrate on in the past year and bring forward to
the EAC.
A discussion from the EAC recently, especially at their March 1 st meeting, was the -- an example
of specificity of the policies.
CHAIRMAN STRAIN: Bill, I'm sorry to interrupt you. Court reporter, I think you need to know his
name?
MR. LORENZ: I'm sorry. For the record, Bill Lorenz, Environmental Services Director.
CHAIRMAN STRAIN: Thank you for pointing it out to me.
MR. LORENZ: One example was a discussion that changed,
made fairly substantial changes from your 2/24/06 draft was the nature of specificity in the policies. A good
example to think about the growth management plan is the analogy is that it's the Constitution and the land
development code -- Constitution is broad direction concepts that we want to adhere to -- that the land
development code then becomes the statues or the administrative codes, the implementing ordinances that
flush out all of the details of your constitutional document.
And so we always go back and forth a little bit on exactly how specific should the policies be in the
growth management plan.
And as a result of the March 1st EAC meeting, we all agree that thesome of the language that you have in
here got into the specifics much too early and so we backed off of those specifics and made the policies a
little bit more general. And again, I'll go through that as we go through each of the individual policies. So
that was one item.
As David noted, we actually had three environmental advisory council meetings, beginning in
January. We also worked with a subcommittee for the, of the EAC and we, 1 think we had two meetings at
the end of2005 to work through. And I used an extensive E-mail distribution list to try to solicit comments.
So that the result that you have here is, I think is worked through a whole lot through your environmental
advisory council.
There are essentially, I think, one major issue that staff and the environment -- and the EAC really
couldn't come to closure with, and it was noted earlier in the meeting, and that is the watershed
management plan objective that is 2.1 regarding the timing of when watershed management plans are to be
completed. The EAC wanted an earlier completion date of2012.
Staff is working on, with the Stormwater Management
Department, of which the Stormwater Management Department, I know Gene Calvert, the Director, is here
if you need to have any further discussion on that particular objective. But they are looking at more ofa
2019 in terms of what their budgeting constraints would be. So that's the recommendation, the moment that
staffhas for that particular issue.
There is another -- stormwater was somewhat of an issue, stormwater and preserves, and that's, that
I think is, probably will have some comments from the public.
And also I would want to make -- when we got to the point of appropriately in the CCME to note
that what we call Section 24 lands
in the future land use element under the North Belle Meade overlay
district there is a recommendation to evaluate Section 24 with regard to, regarding its land use status. It's
currently designated as neutral. We're recommending that it be designated as sending. The actual overlay
requirement was for us to evaluate, do a study and evaluate whether it should be sending or not. And so this
is part of the recommendation. So it's contained in both elements, the CCME and also the future land use
element, of which I'll have a map and some, some tabulated data to show you when we got to that particular
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March 6, 2006
point in the process.
With that, Mr. Chair, if you would want me simply to go through or go through the document and
have questions page by page, it's --
CHAIRMAN STRAIN: I certainly think that you need to go
through the document page by page and at the end of each page ask
this board for our questions.
Before we even start I have two general questions for you, not specific about the enclosures here,
but in this CCME, what, how
many workshops, sit down meetings and how many gatherings did you have with the stakeholders or
people, either side, environmental
or business, on these issues?
MR. LORENZ: I recall two subcommittee meetings with the
EAC. They had a subcommittee --
CHAIRMAN STRAIN: How about the general public, a general public workshop where you
notified the people that were involved, some ofthe people that may be sitting here today --
MR. LORENZ: Correct.
CHAIRMAN STRAIN: -- to come in and sit down at a roundtable
and discuss the issues you are changing here.
MR. LORENZ: That's correct. I had a distribution list and those subcommittee meetings were
notified under our regular notification
process. And three EAC meetings, I believe it was, I want to say three -- four, David, you are saying four,
okay -- which were part of
the regular EAC's regular agenda, and I know they had a special
meeting in February as well.
All of those were noticed, the document changes that we have had is about as large as this in terms
of different drafts that I did send out to a series of distribution lists.
We also had, we also did bring one portion of the element to the Conservation Collier Land
Acquisition Advisory Committee because you'll note in one of the policies that we talk about satisfying the
vegetation retention requirement, through a payment to the Conservation Collier program. So we did get
some feedback from them on that one particular policy.
CHAIRMAN STRAIN: And also, the last question I have is a general one. Your online access to
this 2/4/06 version, when did that
go online?
MR. LORENZ: That I don't know. That I would have to defer to the Compo Planning Department.
CHAIRMAN STRAIN: Maybe they could answer that then.
MR. WEEKS: Mr. Chairman, it was late last week. I can't tell
you the specific date.
CHAIRMAN STRAIN: Late last week. So would it be then less than seven days it's been online
open to, available to the public?
MR. WEEKS: It might have been earlier in the week. I would
say at or less than seven days.
CHAIRMAN STRAIN: Okay. Thank you. Mr. Lorenz, we can
proceed.
MR. LORENZ: Page 1 and Page 2 is the introduction section.
This was, as I understand from compo planning department, this is an item that is being consistently
developed for all of the elements.
Mr. Chair, if you don't mind, periodically I'll have to really defer to David. The CCME as an
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March 6, 2006
element is somewhat of a collaborative effort from a number of departments. I'm somewhat the lead but a
lot of the work was done by Comprehensive Planning Staff, of course Environmental Service staff and then
other department staff. So if, if -- David may want to touch base on why there is an introduction for you.
CHAIRMAN STRAIN: As long as we get our questions answered that's the key here today.
With that, is there any questions from the panel on the introduction portion of this document?
I have one. What drove the decision to put introductions in since they basically seem to be a
reiteration of statues or administrative codes or other elements that are already existing on the books?
MR. WEEKS: It was really a matter of consistency. Some elements, most particularly the future
land use element since the plan adoption has had an introduction section, rather lengthy one. And we
thought it was appropriate that each element have some type of introduction to explain what the element is
and why it is.
CHAIRMAN STRAIN: Is there any -- does it do any more for understanding the element, do you
feel? Is that the purpose of it being there, is that it drove the way you guys tailored the element? I'm just
trying to understand why it was needed. I understand what you just said but if that's the only reason --
MR. WEEKS: It really is, Mr. Chairman, just an introduction to the reader as to what they are about
to see. As you know, the growth
management plan is a very technical document, it's a set of regulations, and we believe that having an
introduction would be useful to the reader.
I can tell you, though in fact it is shown here in the underlying strike-through format and will be
sent to the Department of Community Affairs, it is not a requirement, it is not part, it is not a portion of the
adopted part of the element. That is, it has no regulatory effect.
CHAIRMAN STRAIN: It's riddled with references to Florida
statues. If additional statutes are conceived or those statutes are amended, how would that affect the
comments made in the introduction?
MR. WEEKS: We would simply as a housekeeping matter need to update those references.
CHAIRMAN STRAIN: Would that have to be done by a GMP
amendment?
MR. WEEKS: I don't believe so. It's my understanding
because it's not adopted that that would not be the case. That could
be done administratively.
MR. GRIFFIN: I'm sorry, I wouldn't have a definitive answer to that. The other thing you might
want to suggest, Mr. Chairman, is
you could put some sort of a statement in here that as of the time that this is submitted to the state these are
the versions ofthe Florida
statutes. I mean, there could be some way to just sort of frame the way the statutes existed when they were
submitted, when they were sent to the state.
CHAIRMAN STRAIN: Once this is adopted, could language be added after the statute references,
as amended, just so that we
haven't got to potentially go through a process to get it changed if
need be?
MR. WEEKS: Certainly staff would be willing to do that,
Steve, if that's acceptable? As amended or--
MR. GRIFFIN: I don't see any problem with that.
MR. WEEKS: -- as maybe amended.
MR. GRIFFIN: I don't see a problem with that.
CHAIRMAN STRAlN: Okay. Bill, I think we're into Goal 1. MR. LORENZ: Objective 1.1. I think
the substantive issue there
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March 6, 2bot
is where we talk about including state and federally listed -- your draft says plant and animal species. Two
points. One is, further back in the draft under Objective 7.1 we will specifically identify what we mean by
federally and state listed animal species, because the plan before was not clear exactly what list we were
working off of. That, so there is a little bit of a cross reference there.
But I would like to take this opportunity here to bring your attention to issue Number 13 of the
handout that you received in the E-mail and then later on this morning where we, where it says delete the
proposed references to listed plant species and all other policies.
And here is an example where under your 2/24/06 where we say state
and federally listed plant and animal species the EAC early on in the process wanted to see some protection
measures for listed plant species. And as we were working through the drafts we began to put those, that
reference into the various policies wherever it was appropriate. When we came to, as to the March 1 st EAC
meeting, and after having certain questions asked of me by various individuals, I couldn't give them a really
good answer of exactly how we were going to implement a program for listed plant species so I suggested
to the EAC that since, if! couldn't answer those questions at the moment, at least to have some idea that it
would be best for us to add a policy that would, which would be Policy 7.1.6, which would give the county
some time to create a program and fashion a program that we could meet, tailor it to what we perceive as
the needs for protection and develop a more efficient program.
And so the EAC agreed with that recommendation at their March 1 st meeting and therefore we
have to clean the document up to get rid ofthe plant species and all the policies. This is the first location
that
it appears so that's why I bring this point up.
And then of course we have the one policy that's proposed, the 7.1.6, which is different from your
2/24 draft. But that's, would be a good place to discuss that issue.
CHAIRMAN STRAIN: For the court reporter, let the record
show that Commissioner Midney showed up at 8:44 and he's here.
And he has a question now.
So go ahead, Commissioner.
COMMISSIONER MIDNEY: Thank you, Mark. Could you
explain in more detail why plants are being treated different from
animals.
MR. LORENZ: Well, there is a, there is a different listing process for plants, and the list is very
comprehensive and there is not exactly agreement for the different federal and state lists of exactly
what is the concern for a particular plant.
The other thing is there are no, there are no guidelines, at least
that I could get my hand on, to be able to point to in terms of a, one particular plant being, let's say, more
threatened than another particular plant, that they are all grouped in one particular list.
Secondly, there is no guidelines with regard to exactly how you should handle the plant in terms of
relocation, could it be relocated, if it could be relocated what would be the process and procedures to
accomplish that. Since I didn't have the answers to those questions, that's why I felt not comfortable to put
the policy in as strict as we had had it put in through the, for the 2/24 draft.
COMMISSIONER MIDNEY: The Endangered Species Act
has been on the books for 30 years. I don't understand why these
distinctions are only now coming into play.
MR. LORENZ: As I said, I don't have -- I don't have those -- I
can point to recovery plans and guidelines for the panther, for the red-cockaded woodpecker, for gopher
tortoises that we can adopt and we can work with but I don't have in my hands for my staffthat kind of
information for plants. So if! don't have that information, what I would like to be able to do is to give us
Page 15
March 6, 2006
some, a time frame -- because that's what this policy does, it gives us that time frame to research that issue,
determine, answer those questions that you've brought up, and then propose a program at the appropriate
point in time.
MR. MIDNEY: And is there a time limit?
MR. LORENZ: Yes. I believe we put in that the county would evaluate the need for protection of
listed plants within one year of the effective date of the amendments. That's on your handout, item Number
12, which would be the redo of Policy 7.1.6.
COMMISSIONER MIDNEY: So that means that there would
actually, be for specific plant species there would be plans for all of
them?
MR. LORENZ: Well, I would -- my answer would be we will
evaluate that and if that's appropriate we would make that recommendation. And we could have a, we
could have a spectrum of recommendations. I don't know what the recommendation will be until after we
perform that study.
COMMISSIONER MIDNEY: Thank you.
CHAIRMAN STRAIN: Okay. We're on Page 2. Are there any
other questions on Page 2?
Bill, you want to just start walking page by page or do you want to discuss each page prior to us
questioning you?
MR. LORENZ: Well, I think -- Page 3 was for the most part language that was drafted through the
comprehensive planning department to do some wordsmithing, put it, update dates to continuation so I
don't see, I don't see anything that substantive there unless there are some, quote, unintended consequences
of some of the word changes that I would have missed.
CHAIRMAN STRAIN: Unfortunately, I have a quite a few
questions on that page so we'll be stopping there for a little bit.
MR. LORENZ: Okay.
CHAIRMAN STRAIN: But before I go, did any of the commissioners have any questions?
The Policy 1.1.1, since we're cleaning it up, it says EAC advises and assists the county
environmental services department. Actually, they also affect other departments in the county. I just want to
make sure this is not limiting language. The intent ofthe EAC, I know they involve stormwater
management, planning department and others.
Do you see a need to broaden that description to make it clearer?
MR. LORENZ: There is -- I think that would be good. Actually, there's maybe, there's two schools
of thought, and I know David is smiling because we have had this discussion. And it may be worthwhile --
I'm inclined, quite frankly, of not trying to put in individual department names within the plan itself. It's
simply the county staff.
However, county manager chooses to make organizations and
reorganizations, which we have a number of them because we're a growing county and we have to
dynamically shift toward what is
the priorities. We constantly find ourselves having different department names or different responsibilities.
So I think if you make it, quite frankly, my opinion, if you make it a
little bit more generic I think that that handles it.
CHAIRMAN STRAIN: That's where I was going. But if you and David had this discussion and it
came out this way, what does David not like about the idea?
MR. WEEKS: Mr. Chairman, I would be satisfied if we changed the language, replace the specific
department name and if we just put
appropriate county agencies.
Page 16
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March 6, 2006
CHAIRMAN STRAIN: That would be fine.
On Policy 1.1.3 county gets into the same issue but I'm going to suggest something. If you are
telling, based on that policy, the county will support your department then every policy needs to have a
similar statement that each department supported by that element the county will support that department.
So I don't think that's really needed. You are a county department, you are county staff,
I would suggest that you change the language, Where Collier County shall continue to support the --
and then use the words established environmental policies by maintaining an appropriately administered
and professional staff governmental unit capable of developing, et cetera. That gets the department's
individual name out of it and it works a little cleaner.
Does that work for you guys?
MR. LORENZ: Does for me.
MR. WEEKS: Could you repeat that again, please.
CHAIRMAN STRAIN: After the word "the", you insert the
words: Established environmental policies by maintaining. And then start the word: And appropriately
administered.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: The Policy 1.14. You know, I'm wondering why you had to say that you
want to assure adequate and effective coordination between your department and others. Isn't that what the
county is supposed to be doing? I mean, do we have to say that for every single department? It seems like a
useless policy to me. Somebody just wanted to add words because there was a number they needed to fill,
maybe, I don't know.
MR. LORENZ: I guess -- this policy of course was a policy that was developed for the 1989 plan,
and I guess the, we're keeping it in the '89 plan. But I mean it's -- I certainly see that that is one ofthe first
responsibilities of staff. Certainly that's, I see my responsibility is to make sure my sister departments are
knowing what's going on that I may feel that I need to communicate with.
CHAIRMAN STRAIN: It's these little ambiguous paragraphs
that sometime come into play and erupt into an argument or a basis
for a position that seems useless. And I'm just wondering do we need to say this at all. And if we don't and
nobody objects, why not
just take it out and lighten the load.
MR. WEEKS: Bill, would you be satisfied if we actually left
the old language, which was very generic in referencing an environmental program as opposed to a specific
department.
CHAIRMAN STRAIN: Do you have that program? Do you
have a resources management defmed as -- because it's capitalized.
MR. LORENZ: Well, we have a series of environmental
programs that we run. It's not under a specific title Environmental Resource Program.
CHAIRMAN STRAIN: Well, but this says if you were to put the original language back in you
would coordinate with the resource management program staff. And so do you have a staff that is titled
Resource Management Program Staff?
MR. LORENZ: No, I don't.
CHAIRMAN STRAIN: Okay. Well, then we couldn't use the
old language then either. I think it would be as equally inaccurate,
I don't know -- again, I don't know why we're wasting effort on a policy that is superfluous and really
doesn't say anything. So -- my thought would be to remove it if it's not needed.
Any other commissioners?
COMMISSIONER TUFF: I agree,
Page 1 7
CHAIRMAN STRAIN: Okay. Looks like maybe it should be removed.
Policy 1.15. The first sentences, which are, interestingly, crossed out: Avoid unnecessary
duplication of effort and. And then of course then it goes in back to the individual department name again.
But if you cross out the first sentence like the first few words: To remove unnecessary duplication of effort,
does that mean you are going to start duplicating efforts?
MR. LORENZ: If you turn to Goal 13 there is a whole specific
goal talking about duplication of effort. So this policy would merely kind of -- duplicates the Goal 13
policy to some degree. Again, you know, it's language that was from the '89 plan. The duplication of effort
is more specifically handled in Goal 13 .
CHAIRMAN STRAIN: Okay. When we get there I'll take a
look at that, then. Where you reference your department, again, would you suggestion follow suit from the
previous one that that should say county staff?
MR. LORENZ: Yes.
CHAIRMAN STRAIN: And then you are going to cooperate with private natural resource
conservation and management organizations. Well, I'm wondering who. Are they publicly responsible, are
they appointed, are they under the Sunshine? What is it that you're -- what are these private natural resource
organizations that you are coordinating and in cooperation with? The word private concerns me only
because you are a public agency.
MR. LORENZ: Right. Well, the way the original plan was, when we look at cooperation with all of
the agencies, of course my response is I cooperate with anybody who asks the question and we work
through information. But although private, I guess, really if you wanted to say private you probably would
also need to have, I guess, non-profit. Probably more so as well if you want to have a comprehensive list.
Certain I see those types of organizations other than regional state and federal, the conservation and
management organizations certainly would be the Conservancy or Audubon and Corkscrew.
CHAIRMAN STRAIN: The only concern I have is if you are going to coordinate and cooperate
with them, but there are other agencies or other private organizations that might be more radically inclined
that really don't fit in well with Collier County, I don't know how this paragraph would not require you to
coordinate and cooperate with them. I'm just again wondering why do we have such a global comment in
here in reference to organizations or positions we don't even know that could possibly come into play and
that they would use this paragraph to demand maybe items that we don't want to play into.
So I would suggest maybe that you drop the word private. At least. And this -- maybe that would
take out the onus on being able to select organizations a little bit more than just private ones.
COMMISSIONER MURRAY: Approaching it another way --
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: -- is it possible to relate shall seek to coordinate and cooperate so as
it doesn't -- because I know that we have many statements in the various documents we have that talk about
public-private partnerships. So the word private in this context I agree with you does open up some
question. But if that helps in any way.
CHAIRMAN STRAIN: David or Bill, is there LDC implementation language specifically built
around this particular policy? Because if there isn't why don't we just drop the policy?
MR. LORENZ: I don't recall anything at the moment.
MR. WEEKS: I don't either. Mr. Chairman, I don't either.
I would like to point out just if we make the decision to delete a policy, as we did a few moments ago, we'll
simply need to make sure that we go back to the EAR and see what the EAR report itself said. And then if
we're going to delete the policy then we will need to provide some explanation for why.
I believe you did a few moments ago, you just felt the policy was not necessary, that it was a given
that the county would coordinate amongst itself. But I just wanted to draw that to your attention that if we
1611
March 6, 2006
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1'1
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March 6, 2006
take that step of deleting we'll need to provide some rationale to the Department of Community Affairs.
CHAIRMAN STRAIN: Well, I'm -- whatever we're trying to do is trying to make this document
more effective and if it takes an explanation, so be it.
Commissioner Schiffer, you had a question?
COMMISSIONER SCHIFFER: Yes. And a concern that will actually come up in a later policy. But
restricting who in the public you work with I think is kind of a scary thing too, I mean, essentially, couldn't
you just work with anybody from the public or do you have to have a -- remember you said a non-profit or
__ and then the concept of deciding which non-profit you want to work with and which you don't is spooky
tome.
MR. LORENZ: I agree. I see, tell my staff when anybody calls in and we work with and get them
information, you know, that's our responsibility is to provide information to the public. Ifwe're developing
policy recommendations such as a growth management plan I want to have the ability to talk to everybody
and get good input, so, to bring to the bodies so they can have information to make an appropriate decision
so --
COMMISSIONER SCHIFFER: So if you just coordinated with the general public wouldn't that be
the fair and appropriate way to go?
CHAIRMAN STRAIN: That sounds like a reasonable -- you would strike out the new language
that says: Natural resource conservation and management organizations and the word private. So you
would say: continue to coordinate and cooperate with the public as well as regional and state and federal
environmental agencies. That probably makes it a lot fairer so that no one is singled out as getting a priority
with your department, which they shouldn't be,
Does that work?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: How about we pull out the word coordinate and just leave
cooperate. Coordinate makes it sound like they have to work together whereas cooperate means it's less
stringent.
CHAIRMAN STRAIN: Doesn't matter to me.
COMMISSIONER SCHIFFER: That sounds good to me.
CHAIRMAN STRAIN: So cooperate strike and leave coordinate in, is that what you're saying or
just the opposite?
COMMISSIONER VIGLIOTTI: Cooperate in coordinate out.
CHAIRMAN STRAIN: Okay. Glad you said that twice. Thank you.
Staff understand where we're going with that?
Well, Bill, I'm on to the next page. Is there anything you want to higWight on that page to us before
we ask questions?
MR. LORENZ: Nothing that I have.
COMMISSIONER SCHIFFER: Which page is that, five, Mark?
CHAIRMAN STRAIN: Page 4. We haven't got that far yet, Brad.
I have two questions on Page 4. Policy 1.1.6. The county shall strive to maintain a conservation program.
I would like to know what that means and how it is to be done.
MR. LORENZ: I think you could take strive out.
CHAIRMAN STRAIN: Well, that's what I'm suggesting. rfyou don't have a definition for the word
strive, why do we have it in there. Why don't we just say the county shall maintain a conservation program,
which it does.
MR. LORENZ: Much better wording.
CHAIRMAN STRAIN: Okay. Policy 1.1.7. It appears from my reading of that statement that it is
Page 19
the same as 1.1.2, just a little more wordy. Is that accurately said?
MR. LORENZ: I would think -- I would conclude to that.
CHAIRMAN STRAIN: And then, I guess it goes back to if we're cleaning this document up do we
need two policies saying the same thing. 1.1.7 actually has a couple other cleanups if that's the one that is
preferred, because you use the word periodically revised, which there is no definitions describing what
periodically is. And as may be necessary. Well, it's either necessary or it isn't.
So I would suggest you keep 1.1.2 and not go forward with 1.1.7. That may require an explanation, of
course.
MR. COHEN: Mr. Chairman, for the record, Randy Cohen, Comprehensive Planning Director.
I think we need to leave 1.1.7 in there because it deals with revisions.
And maybe if! can just run some language by you of what it could say maybe it will help on out.
This -- have it read: The land development code shall be revised to reflect the adoption of new
and/or revised natural resources management and environmental protection standards and criteria. And
strike the rest.
CHAIRMAN STRAIN: Better than the language that is there, I agree. But if you did that, do you
still need Policy 1.1.2?
MR. COHEN: Correct.
CHAIRMAN STRAIN: You do?
MR. COHEN: And we could add that language that I just read to you to 1.1.2.
CHAIRMAN STRAIN: Right. But why would you have two policies --
MR. COHEN: And eliminate 1.1.7.
CHAIRMAN STRAIN: Well, that's what I'm getting at. One or the other needs to be eliminated and
the language cleaned up if you're going to continue the language you just suggested, which I don't really
have a problem with, it's cleaner than what is there. So -- any --
MR. LORENZ: My observation would be is that Policy 1.1.2 as it was re -- is amended from the '89
plan, it's a given that all the implementing regulations that we have, at least from the conservation coastal
management element, are in our land development code and that's what -- we have to develop the land
development regulations to implement the plan.
I think what 1.1.7 says is that periodically we need to review the land development code to see if it's
in sync or could be improved and still be consistent with the growth management plan. And so I think that's
the difference between 1.1.2 and 1.1.7.
My thought would be is that if -- I prefer to have actually 1.1.7 in place. And I think -- and I'm kind of
looking at Randy or David -- is the fact simply stating that the land development code implements the
growth management plan, that's implied with all the 9.1.5 criteria and structure of the growth management
act.
CHAIRMAN STRAIN: I'm not objecting that you've this policy in here, I'm just saying we have got
it in twice, basically. Let's just boil it down to one and clean the document up.
MR. LORENZ: Right. And then the as may be necessary is being guided again by that Goal 13.
CHAIRMAN STRAIN: When we get to Goal 13 I'll have to -- but anyway, let's get back to where
we need to go.
Is staff then of the consensus that 1.1.2 can go and 1.1.7 can get cleaned up?
MR. COHEN: The direction I'm getting is you would like to merge what is in 1.1.7 into 1.1.2 with
the specific language basically being the land -- language that would be added would be: The land
development code shall be revised to reflect adoption of new and/or revised natural resource management
and environmental protection standards and criteria. And I think it will flow well with 1.1.2 if put at the end
of that particular policy.
CHAIRMAN STRAIN: I have no problem with that.
March 6, 2006
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March 6, 2006
COMMISSIONER ADELSTEIN: Me neither.
CHAIRMAN STRAIN: Is that okay with the rest of the commission?
COMMISSIONER CARON: I think it needs to -- I think as may be necessary probably needs to
stay in there otherwise it's putting you in a position to have to make changes whether we think it's right for
the county or not.
CHAIRMAN STRAIN: Hum, Well, if we adopt new or revised natural resource management and
environmental protection standards and criteria and if they are adopted, it doesn't matter if it's right for the
county or not, we have to implement them. That's why I didn't see the need for may be necessary because
basically if you've adopted it it's there you have to do it. This wasn't for ones that were not adopted, it was
only for adopted policy,
Mr. Schiffer, did you --
COMMISSIONER SCHIFFER: Yes. And in the crossed out language there is a requirement to do
this annually. Could as necessary be abused and things take a long time or -- at least annually gives you a
set period as -- how is it worded here, as necessary, or may be necessary, I mean.
CHAIRMAN STRAIN: The way they were suggesting to change it it wouldn't put a time frame on
it, it would just be done. It shall be revised to reflect the new and adopted language, which might help
because you may not have language annually. You may not be able to do it annually at the speed in which it
takes to do these things.
(Commissioner Tuffhas left the room.)
COMMISSIONER SCHIFFER: My fear is that actually the other side. Let's say that the citizens
come forth with a policy and it takes them years to finally get it in the LDC.
CHAIRMAN STRAIN: If it goes through the adoption process I'm wondering if -- at the time it's
adopted, I'm sure the BCC is expected to act pretty fast. At least they have in the past. We're only dealing
with adopted policies here; is that correct?
COMMISSIONER SCHIFFER: Well, let me -- that's -- maybe the BCC -- certainly I don't want to
allude to anything but there could be people that would accept something in the growth management plan
knowing that it would take years to get it in the LDC.
CHAIRMAN STRAIN: Well, I -- Brad, I was--
COMMISSIONER SCHIFFER: As a strategy.
CHAIRMAN STRAIN: I was content with Randy's -- if you have another suggestion to what
Randy had indicated as revised language.
COMMISSIONER SCHIFFER: Randy, what would it be then, can you read it again.
(Commissioner Tuff has returned to the room.)
MR. COHEN: What I asked to be added to 1.1.2 at the end of that provision was: The land
development code shall be revised to reflect the adoption of new and/or revised natural resources
management and environmental protection standards and criteria.
CHAIRMAN STRAIN: I mean, the word shall is a mandatory word, so--
COMMISSIONER SCHIFFER: Yes. But shall as a future tense
to it also.
MR. COHEN: Well, all our land development code amendments are obviously done in the future.
And we've run anywhere from one to, as you may well know, many cycles ofland development code
amendments, so it happens on a fairly regular basis.
COMMISSIONER SCHIFFER: Could we say shall within the next cycle.
CHAIRMAN STRAIN: You don't know if they can get the language written, workshops done,
public consulted, implementation standards written, put together within a single cycle. That's what I'm
concerned about. Some of these are pretty comprehensive, like this plant species. Ifthey adopt a policy to
protect plant species, who knows how long it could take to get it vented through the public so that everyone
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is protected, both the environmental side and the business side.
And so I'd hate to see us put a time limit on it that is impractical. That's what I'm concerned about.
But at the same time I think if we -- the word shall is pretty enforceful. It says it shall be done. I think the
BCC, if they really adopt something or want it, would certainly advertise staff if they took overly long with
it.
COMMISSIONER SCHIFFER: But Mark, I mean, what is going to happen to the plan cycle,
what's going to -- I mean, what is going to take time? In other words, if we adopt something today in the
growth management plan it's going to take certainly more than a cycle to prepare the LDC amendments for
that.
CHAIRMAN STRAIN: I would -- sometimes I think it would. I really don't want to see, I just don't
want to see us put in more documentation in this document that we can't meet, like the watershed
management plans, and turn out that this document is telling one thing as it has in numerous instances here
that we're changing today that couldn't be met.
COMMISSIONER SCHIFFER: That's fine. Let it go.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: Just one comment. Any time
limits can be placed in the LDC at any rate.
CHAIRMAN STRAIN: Okay. Well, I'm done with Page 4. Does anybody else have any questions?
Ifnot let's move on to Page 5.
COMMISSIONER SCHIFFER: I have one.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Bill, up there at the top, and
again it goes back to what we talked before, it's describing that this information is shared with local and
private environmental management agencies and organizations. Could we replace that one also with the
general public since we are a republic.
MR. LORENZ: Sure.
COMMISSIONER SCHIFFER: Citizen stands high.
MR. LORENZ: Yes, absolutely.
CHAIRMAN STRAIN: Bill, this is where your Objective 2.1 comes into play. And the EAC had
recommended a timetable for the watershed management plans of 20 12. From what I can read it looks like
they were going to be prepared then by January of 2000. We apparently didn't hit that date. Now we're
saying 2008, which is eight years later. And then we're looking at an implementation of2018, actually
completed by 2018. We're talking quite a delay from when this plan was originally envisioned the
watershed management to be in place.
I think for the benefit of the understanding what a watershed management plan is, this board might
understand the importance of it to Collier County if you can explain it to us.
MR. LORENZ: Okay.
CHAIRMAN STRAIN: And how it's going to affect properties because that would certainly be the
biggest concern.
MR. LORENZ: What I would like to be able to do also is -- I know Gene Calvert is here. Gene is
the Stormwater Director, so I'll kind of start a little bit and then have him bring into it.
The -- basically a watershed management plant is a comprehensive look at the water that flows in
geographical area. Water flows downhill so it's flowing from upland properties down through various
systems, whether they be stormwater systems or natural systems, into some receiving body, let's say Naples
Bay. Let's say the watershed that goes into the Naples Bay is, right now is altered from a natural watershed,
it's the Golden Gate canal. The Golden Gate canal then drains a majority of north Golden Gate Estates. All
of that area then would be considered the watershed for the Naples Bay.
March 6, 2006
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March 6,2006
Now, within that area ifthere is anything that is a common denominator here in South Florida with
regard to habitats and listed species concerns it's water, because we're a water dominated environment.
So that understanding how that water flows, what kind of pollutants it pick ups as it flows over the
land, what type of stormwater management systems are in place, is important to get all ofthe grips on that
to understand not only the water quality that Naples Bay would see, but also the flood protection that
individual, the public, people will see as to what you can do within that watershed.
In addition there is other environmental benefits that look at if you store that water in place, you get
some groundwater recharge. The additional groundwater recharge, it helps water supply wells et cetera, et
cetera.
So a watershed management plan becomes a comprehensive look as to how water within that
particular area is going to be managed for a particular set of objectives. And each particular watershed
management area have different situations and circumstances for which you can specify some particular
objectives within that watershed.
So the watershed management plan is to look at that comprehensive approach, to look at water
quality, flood protection, habitat protection, groundwater recharge, that, what those opportunities could be
to meet all of those objectives.
And so the -- and so when you are looking at watershed management planning you are trying to pull
all of that information together. Typically in the past we were looking at anywhere oflike $500,000 to
$750,000 per watershed to create a comprehensive approach to that activity.
And when the '89 plan was adopted we were envisioning the adoption of a stormwater utility. That
didn't happen. We, actually, in 1992 established a master plan that had all the watershed basins, they were
already prioritized and a dollar amount to accomplish all of that. Since that didn't happen we still have this
policy in our growth management plan and now we're trying to get, get to implement it.
But of course the time frames to implement it, quite frankly, have simply become a budgetary
resource concern. Right now, and Gene maybe can talk a little bit more about this, we were pegging the
values of a watershed management plan of 750,000 to a million dollars just looking at some current efforts
that are ongoing. Those dollar amounts could be pared down depending upon databases. But the task of
developing of watershed management plan, the lead task is going to be the Stormwater Department.
And with that, I'll pitch it to Gene.
COMMISSIONER MURRAY: Before you do that, if! may, are you precluded from having the
cooperation of other members of the public, whether they be in organizations that we understood to be
conservation groups? Are you precluded to have them as part of your process of development of these, so
to offset in some way some of the cost burden that's involved?
MR. LORENZ: In terms of participation of, let's say, a stakeholders group participation and
weighing in on are we looking at the proper information, are we making the proper conclusions from the
information, are we making the recommendations that a full stakeholders group would typically look at, I
think you definitely would need to have a stakeholders group input into a watershed management planning
process.
There be can be, there's obviously lot of data that is out there that's either been generated by the
public sector, and in some cases the private sector, that could be utilized in a particular watershed study,
pull that information together. So you would definitely be wanting to outreach to all those organizations,
gather the data and information they currently have and try to assess it --
COMMISSIONER MURRAY: Does that --
MR. LORENZ: -- and I would see that embodied in a watershed management plan.
COMMISSIONER MURRAY: That I understand. But would that in any way mitigate cost?
MR. LORENZ: To the degree that some of that data and information may, you don't have to
generate it, that would be the, that would be where you would mitigate some costs. You wouldn't have to
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Marct6~O()6
reinvent the wheel to gathering certain pieces of dated information. But at the moment, the dollars amounts
that we're throwing out is somewhat of a rough cut that I couldn't tell you that we would be reduced 20
percent by it if we did that or not.
CHAIRMAN STRAIN: Mr. Murray, I would like to remind you, please be recognized before you
speak.
COMMISSIONER MURRAY: I'm sorry.
CHAIRMAN STRAIN: Thank you.
MR. CALVERT: Good morning. For the record, Eugene Calvert with Stormwater Transportation
Department. Just a little bit of a lead into where we're at, where we came from in the last few years.
As Mr. Lorenz indicated there was a stormwater utility that was envisioned to be established. While
it has been established, the funding mechanism, the actual duties of that stormwater utility is still not quite
well established.
It was about two years ago, in fact, that we actually established some funding for the Stormwater
Department. That is in set aside with a .15 mil dedicated funding for capital improvements. The actual
administration of that 1.5 mil is being handled by the transportation division, or the Stormwater
Management Department. The Stormwater Management Department, of which I am the Director, is a little
bit, has been diversified over the years. For a number of years we were part of the public utilities
department. Then several years ago we were actually included, some of our maintenance. Today the
Stormwater Management Department does not include maintenance of our canals and things of this nature.
That effort is done by the road and bridge department.
So the Stormwater Management Department, of which I'm the director, currently has under our
duties and responsibilities, is, includes the capital improvements for stormwater as well as the valuation for
stormwater drainages. That's where I think it was probably inferred, while it does not come right out and
say who is going to be responsible for these stormwater watershed master plans, I think it's rather inferred
that it's probably this department simply because there is no other department that might be doing
something similar to it. I just wanted to bring that up.
Our current department includes five project managers, a total staff of seven people. That includes
our secretaries and support staff. So as you can see as we look at our duties and our job duties over the next
few years you can see that our staffing levels meet or at least try to meet what our current capital
improvement projects are. Right now through our currently proposed AUIR, our five year plan, if you'll
look at the funding level, and we have had this discussion previously, of where our funding comes from.
Our funding levels for our capital improvements come from a combination of our ad valorem taxes, our .15
mil levy as well as other funding from MSTUs, grants, partnerships with Big Cypress Basin, partnerships
with South Florida.
Our current program for five year program certainly does not have funding set aside to encompass
what is being proposed through this watershed management plan. And that is one of the reasons why we're
looking at possibly starting to prioritize items and getting the funding in line.
If you were to come up with a, have to come up with all these watershed management plans by year
2008, simply from a staffing and funding level I don't think ifs possible without additional funding brought
through by the Board of County Commissioners. Not to say that's not a good idea, just that that is a -- it is a
bit problematic.
So with that in mind I think Mr. Schmitt would like to --
CHAIRMAN STRAIN: Mr. Schmitt seems anxious to say something.
MR. SCHMITT: For the record, Joe Schmitt, Community
Development and Environmental Services Division Administrator.
For the planning commission to understand, essentially we have a bifurcated process in the way the
organization is set up in regards to watershed, watershed management and stormwater management.
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March 6, 2006
Naturally -- well, let me put it in a bigger perspective. A watershed management plan is really an evaluation
ofthe entire ecosystem in the watershed, associated also with the water, water treatment, all the other type
of activities. Gene's department focuses primarily on stormwater,
Now, my engineering department and mainly myself have been involved in well over a year and a
half looking at another piece similar but different, again this is the flood insurance rate maps, the updating
of the FIRMs and overall study and analysis of five basins, actually almost nine basins in regards to
stormwater runoff in relation to how it impacts the creation of new FIRMs, flood insurance rate maps.
The other piece of this, again, when you got into the scientific analysis associated with a watershed
management plan, it really most likely will probably fall back into the community development arena,
either in Bill's shop or in Tom Kuck's shop, don't know. But the fundamental issue here, frankly, it's going
to come down to the board, whether the board is going to fund this, because it is going to be expensive.
Normally, a comprehensive watershed management plan in my federal experience can run probably
almost anywhere three quarters to a million dollars per water basin. And that's to do a comprehensive plan.
You are looking at a significant expense. And that's the entire issue. Gene talked about the stormwater,
what, we had the stormwater what was that, the tax or --
MR. CALVERT: Mil levy, the utilities.
MR. SMITH: Stormwater Utility, thank you. And that was really more to address dealing with
stormwater, storm runoff. This is much more. So what you are really talking about here is a, is whether the
board is going to, policywise, direct staffto explore going down this road and actually funding it. But we're
looking at anywhere from three to five to $7 million, even higher, if in fact it's done the way what is
intended or what should be done in regards to developing a comprehensive watershed management plan.
One can only relate to what's going on with CERP and what is involved in that. CERP being the
comprehensive Everglades restoration project, probably almost 14 years of study right now. And some of
those projects, the modeling, all the other hydrology and other things associated with it, it is going to be a
comprehensive.
So, Bob, you are right, there can be some, there is going to have to be committees formed. There
will be -- will this be in a partnership with the state. Should the South Florida Water Management District
funds be used. These are policies issues that need to be addressed.
So this is a statement in the compo plan, very easy to write the statement, very, very difficult to execute
because it's going to involve direction from the board in regards to policy and in regards to funding.
CHAIRMAN STRAIN: Thank you Mr. Schmitt. I'm going to ask that the commission hold their
thoughts for a moment while we take a IS-minute break for the court reporter. We'll come back here at
10:25.
(A break was taken.)
CHAIRMAN STRAIN: There we go.
Before we go on. Lunchtime, gentlemen. We're going to be going, I bet you we're going to be going
all day today. So -- but I was thinking we would break around quarter to 12:00. Does that meet with
everybody's approval? Fine.
And now, we left offwith Mr. Schmitt telling you the status of the monetary problems with the
plan. And I would like to know if there are any other comments from staffbefore we ask questions,
MR. LORENZ: No, I don't think so. I think it's a matter of, it's a basic policy issue with regard to
funding and prioritization --
CHAIRMAN STRAIN: Right.
MR. LORENZ: -- that would move forward.
CHAIRMAN STRAIN: I'll defer to the commission first. Mr. Schiffer, then Mr. Midney, Mr.
Murray.
COMMISSIONER SCHIFFER: Mr. Midney can go first, I'll go second.
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March 6, 2006
COMMISSIONER MIDNEY: Why is this deference to Mr. Midney. I would just like to make a
comment rather than a question. We're hearing that there is a lack of funding to make this plan which will
result in a huge delay in the cleanup of public waters. My comment is simply that restoration, when you
have destroyed fisheries and recreation and habitat it's more expensive than prevention. And we're talking
about money, we're talking about dollar value of a study.
What's, what is, strikes me is a thought, anyway. Look at the huge difference in the value of new
homes in Collier County versus Lee County. I'm thinking that a good part of that, more than a hundred
thousand dollars in difference, is that we're much closer to intact natural systems such as Big Cypress, the
Everglades, the Ten Thousand islands, the Fakahatchee, and that natural resources are worth a lot of
money. And I think that the cost of this study and plan is small in comparison with what we'll save ifit will
help us to preserve our natural systems.
So my comment is that I hope the Collier County commission will see fit to go along with the
recommendations of the EAC.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Yes. Essentially the objective is written to kind of have this done
by 2000. And then some of the testimony is we're not, I mean, stormwater is not in control over canals and
stuff like this. Is it organized enough now where you could actually get it done or where are we exactly in
the process?
Everybody is talking about what it would cost but since it's essentially six years late and what you
essentially want to do is give us two years to start something that was supposed to start in 2000, where
exactly are we on a watershed plan?
And remember, a watershed plan is going to be a living document, it doesn't have to be the final
perfect document. But where are we right now?
MR. LORENZ: I think where we are right now is that the Stormwater Department right now has a
few minor projects that they are working on. There is, I know that there is a north, a Belle Meade study that
they are working on that they, I should say they in cooperation with the Big Cypress Basin board are
working on. I'm not sure that there are any other larger watershed management plans that they are doing.
And I'll defer that to Gene.
When it comes to, when it comes to organization, I think Joe Schmitt had mentioned that hasn't
been exactly determined. Stormwater has a role, obviously. Community Development and Environmental
Services would have a role.
I see the organize -- I see the way it would unfold is with a policy recommendation from the EAC
and from this planning commission to the Board of County Commissioners. If the Board of County
Commissioners decides to implement it then they typically will task the county manager to implement their
policy direction. The County Manager will then have to decide organizationally who does what by when.
And I think that that would have to unfold further. With that maybe Gene can discuss it.
COMMISSIONER SCHIFFER: But just one before you go. The question, it was supposed to be
done by 2000, that's -- it couldn't have any stronger policy than we have, right? The way it was worded
seemed pretty simple. So it just was never funded in the past. We have no water management plan at all
now unless Gene is going to show us one.
MR. LORENZ: Well, that's -- as I noted earlier, when the '89 plan was developed we were
developing a Stormwater Utility. In 1992 a master plan that specified all of the program improvements, that
specified the drainage basins, we called them drainage basins at that time, but the watersheds, the
prioritization of the watersheds, the development and scheduling of those watershed management plans
were all developed.
But then the Board of County Commissioners, it was either in late '92 or early '93, made the policy
decision, they cut out the Stormwater Utility. They recommended simply that if you wanted to have a, a
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March 6, 20()6 h
basin-by-basin approach you needed to go to the voters within that basin and have a, have a petition of a 50
percent plus one to then, to then have the voters within the watersheds to determine that they wanted to
have a study effort and translate into potential project improvements. And of course that, that's where the
program was left in '93, '94 time frame,
COMMISSIONER SCHIFFER: But let me ask another question. That's the reasons why we don't
have a watershed plan. Do we have problems in the water? Are we causing harm to the watershed?
When we review applications we're concerned about it making, meeting the growth management
plan. If we don't have a water -- how do we know we're doing stuff right? What's the score card, or the
report card on the status of our water systems?
MR. LORENZ: The pollution control department does either themselves do the monitoring of the
canals and estuarine network or in cooperation with the Big Cypress Basin Board and South Florida Water
Management District to generate that data. Data is generated that can be looked at in terms of the water
quality within the receiving bodies of water. And ultimately that is your final test of everything that is
implemented.
In your development approval process, to a large degree we defer to the Stormwater Management
District for water, for stormwater permitting in terms of their standards. In the EIS requirement you do have
a requirement that if you are affecting, I believe it's more than 5 acres of wetlands you need to do a pre and
post pollutant loading analysis for a future project. That's -- and maybe you'd have some discussion, that's a
policy that's contained within here as well.
So you have those mechanisms that we would say that the county is
relying upon right now.
COMMISSIONER SCHIFFER: On a micro scale.
MR. LORENZ: Correct. But the watershed management plans
bring in a number of other objectives, looks at it more of in an integrated approach. And especially if we're
looking at future growth rates, what in the future could happen, that's where a lot of this information comes
together.
COMMISSIONER SCHIFFER: But how is, when you are
monitoring the canals and the waterways what kind of data are you getting? Is it getting worse, is it getting
drastically worse, is it fine or --
MR. LORENZ: I'll have Ray Smith, who's the Pollution Control Director, they are responsible for
the water quality data gathering efforts in the county.
CHAIRMAN STRAIN: By the way, just as an aside.
MR. SMITH: Thanks, Bill.
CHAIRMAN STRAIN: When the staff is done and we're done asking questions, I'm going to ask
that the public who is here to discuss this particular issue before we come to a consensus to address this as
well.
MR. SMITH: Thank you. Ray Smith, Director of Pollution Control, for the record.
Any time you have a growth in an area with a large, vast water
bodies in the area, you do degradation. There are certain areas ofthe county that degradation don't
necessarily become that high of a concern, but there are other areas in which you do have bodies of water
locked in specific so there is not appropriate flow patterns, that you have runoff, from streets, et cetera, that
do impact water quality.
So for me to stand here and say, is there a degradation in our water quality, yes, in some areas.
COMMISSIONER SCHIFFER: But what do you see? For example, I can go to web sites and see
how many turtle eggs year-to-year. How about, how are you doing with water -- I mean, the concern I have
is we do have a county that has rapid growth without a watershed plan.
MR. SMITH: Right.
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March 6, 2006
COMMISSIONER SCHIFFER: So wouldn't it be better if we had a county with rapid growth with
a watershed plan?
MR. SMITH: A watershed management plan designed to
protect the water quality of Collier County is a definite plus. The cost associated and the planning
associated with the timing of that I'm not familiar with, but I cannot argue against not having a watershed
management plan in Collier County.
COMMISSIONER SCHIFFER: But actually that question distracted. How we doing? Can you give
examples of --
MR. SMITH: We have a contract with the South Florida Water Management District in which we
go out to over 50 stations monthly. Within that contract we do trend analysis. The contract requires that
after a certain period oftime that we do an assessment based on our trend analysis ofthe water quality here
in Collier County. That date is a year from now before we have enough trend analysis.
We have done groundwater quality monitoring in the Golden Gate Estates area as a separate project
and the water quality in the groundwater seems to be very good.
We have done sediment analyses at specific locations within Collier County as a separate study and
there are certain areas in which we were coming up high in particular materials, where, for example,
petroleum products et cetera. We want to extend that sediment monitoring study the next go-round, which
will be coming up this, next year or the following year.
But regarding water quality trend analysis in Collier County we are still gathering the data to do an
accurate trend analysis to represent an accurate configuration of what the water quality in Collier County is.
We need to have historical data that is good valid data to see a trend in degradation before we make
that determination, that's what I'm saying.
COMMISSIONER SCHIFFER: That's what I was looking for but we just don't have it yet.
MR. SMITH: Not yet.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: On Objective 2.1, I've noted here that the bottom to last sentence
says schedule and priorities shall be coordinated with the federal and state agencies. My interest is in
knowing about like south Lee County, if they have a watershed issue. With south Lee County, if they have
a watershed that they are proposing that they want to work with. How -- will that, this sentence here cover
that for our participation and prioritization?
For instance, we wish to prioritize. Let's suppose something that they are doing in south Lee
impacts on us significantly, will we take that into consideration for our priorities?
MR. LORENZ: Oh, yes, we would. That would be something that we would definitely be
coordinating, not only staff to staffbut we'd be involved with the South Florida Water Management
District.
COMMISSIONER MURRAY: And it would be covered by federal and state agency, is that
sufficient in there for language --
MR. LORENZ: Yes.
COMMISSIONER MURRAY: -- to require. You would do that by cooperative, I understand.
MR. LORENZ: Right.
COMMISSIONER MURRAY: Okay. And then at the opening sentence it says: Shall begin the
process of preparing. 1 just wondered whether we should delete the process of and just begin preparing. I
don't know what beginning the process of would mean.
MR. COHEN: Mr. Murray, for the record, Randy Cohen. I think initially the beginning part of the
process would be the board's policy direction to fund, obviously, watershed management plans. Second to
that, obviously, setting forth a schedule of those watershed management plans in the AUIR. And third,
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March 6, 2006
formally adopting them as part of the CIE.
COMMISSIONER MURRAY: That's the process you are referring to?
MR. COHEN: That would be the process that I would understand that they would have to
undertake to get this schedule in place and to move forward with the watershed management plans, yes, sir.
MR. LORENZ: And that was some of the feedback that we've given to the EAC as well because we
will be talking about getting into a budgeting cycle for that.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Mr. Adelstein.
COMMISSIONER ADELSTEIN: Yes. I think we are putting the cart before the horse here. We're
talking about making plans in the next two years to do this and now we're talking about we've got to go to
this one and to that one. I would think the most important thing we do is make the plan.
Once they put it together themselves and bring it before us then we can discuss whether it is ready
to be done. But right now we've gone in six different directions; what they are doing over here, why they
are not over there, we can get this together over --let's see if we can actually in the next two years prepare
for us a plan that they feel will work for this issue, period.
COMMISSIONER SCHIFFER: Let me say something.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Here is the problem, is our forefathers, so to speak, wanted the
whole management plan done by 2000. What they are asking for today is the ability to plan to make a water
management plan by 2008, which I think we're really, we've got to hustle that a little better than that.
I don't know where we are in the -- I mean, we're in a budget cycle, let's say that we -- has the 2007
budget been prepared or --
MR. WEEKS: Let me make a comment. Just process-wise with these plan amendments they are
scheduled for adoption in the fall, I believe November, in front of the county commission. These
amendments would not go into effect until early '07.
MR. LORENZ: At which point you would be preparing your budget for '08.
CHAIRMAN STRAIN: Any other questions of the commission? I have a few.
How many basins are you proposing?
COMMISSIONER MURRAY: Seven, I think.
MR. CALVERT: I could be wrong but I believe there are about seven basins that we were looking
at in Collier County.
CHAIRMAN STRAIN: And what areas of the county do they cover?
MR. CALVERT: The way the growth management plan is worded we would be looking at all
basins within the county. And so we do have, in fact I would like to mention that we do have a number of
drainage basins studies that have been ongoing or are being completed. Now this would be one component
of a watershed management plan.
As was mentioned we had the Belle Meade that is being completed by South Florida Water
Management District. That again would be one component of an entire watershed plan.
So we have a number of basins within Collier County as well as things that are ongoing as far as
watershed drainage plans right now.
CHAIRMAN STRAIN: We just went through an extensive rewrite or addressing of the eastem
portion of Collier County, basically everything east of Golden Gate Estates, both the rural fringe and the
stewardship area. Were the languages that were -- language that was adopted for those areas inclusive of
basins so that they are not going to change or are they subject to change through watershed management
planning as well?
MR. CALVERT: I don't know.
MR. LORENZ: Certainly within the rural fringe, and the Belle Meade is within the rural fringe,
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March 6, 2006
mixed rural fringe district. I see -- I see that those basins studies, those watershed management plans need
to move forward, a priority.
And the rural land stewardship area the question was asked me earlier is there a need for watershed
management planning there. It's a matter of scope. If we're talking about doing actually the drainage basin
improvements that there may need to be a plan that looks at that or at least pulls together information from
whoever has developed some data and analysis, whether it's the water management district or whether it
was the consortium of property owners that went through the rural land stewardship area.
So although we have excluded the rural land stewardship area from a lot of our other policies in the
conservation and coastal management area, I'm not knowledgeable enough in terms of watershed
management plans to say, yes, we need to exclude them exclusively from that area. You may hear from
some folks that may say that but I'm not sure about that.
So I'm looking at it more from the standpoint of what data and information is available in that area.
If it's sufficient to say, okay, this constitutes our watershed management plan then that's an example of
where it was asked earlier, well, could you exclude that from your planning and the county realize some
type of savings. So that certainly could be possible but I haven't looked at it to the degree to be able to give
you an answer affirmatively on that.
CHAIRMAN STRAIN: So the approvals that have been going through for the projects that are out
there, I think David mentioned Ave Maria is the only one that's been approved so far. But you also have
Bonita Bay, I think, is producing a new town in the rural fringe. Those two particular areas now that they've
gone through the process, we don't know if they have met what would be intended for the watershed
management planning for those areas knowing that some of the planning should have been done by 2000?
These have gone through in the last couple of years and were they looked at and scrutinized in the aspect of
this issue?
MR. LORENZ: Well, as part of the SRA, and I'll defer to compo planning a little bit for the lead on
this. As part ofthe SRA, they're to propose a -- and I want to, for lack of a better term, a public facilities
study or analysis of the whole area, and I assume that that was being looked at by the other departments to
be sufficient for the planning of those areas.
CHAIRMAN STRAIN: Which other departments?
MR. LORENZ: Whether it's stormwater, whether it's transportation, a number of departments
would come in review of the SRA.
CHAIRMAN STRAIN: Gene, did your department look at that particular issue in regards to the
SRA?
MR. CALVERT: Stormwater did not. Stormwater Department did not because what we are tasked
with is to develop capital projects, currently what we are taxed for is to develop capital projects to enhance
or improve the stormwater system of the county.
CHAIRMAN STRAIN: Okay. So, Bill, so far one of the other departments you thought might have
looked at it didn't. Transportation I noticed left the room earlier so we won't have an answer from them. But
when they come back I'm sure we'll ask them -- I'll remember to ask them this question.
MR. COHEN: Mr. Strain, I can tell you that the SRA for Ave Maria was routed to all the
departments. As far as the expanse of the review, I can't comment on that at this point in time.
CHAIRMAN STRAIN: I realize it went through all ofthe departments because we spent a whole
day just on that one project alone, so -- in the language that you've included here in regards to this
watershed management plan, the second to the last sentence says in selecting the order of plan completion
the county shall give priority to watersheds were the development growth potential is greatest. Is that
growth potential referencing existing growth and new growth both or just raw land that has no growth on it
but it has the greatest potential of being built and you're going to focus there instead of existing facilities
first.
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March 6, 2006
MR. LORENZ: I'm thinking that the discussion that the EAC had was those areas that are more
rapidly developing was the intent of that language.
CHAIRMAN STRAIN: Well, all of Collier County is rapidly developing, unfortunately.
Can you give me an example of where you would look versus where you wouldn't. I'm just curious
how you're going to apply where the potential is the greatest.
MR. LORENZ: Well, I think from a -- certainly from discussion in terms of staff, I know this is
where there is a number ofthings that are going to be coming into setting the prioritization -- but of course
the north Golden Gate Estates, especially in the eastern part of it, have, some of our figures have the
greatest percentage increase of growth. And I know that we're looking at what's called the East of 951
Study for that, for those areas, and that certainly is an assessment that would benefit a lot by looking at a
total watershed management plan.
CHAIRMAN STRAIN: The reason--
MR. LORENZ: So that would certainly be an area that I could put at least on the table that I would
recommend that be considered a
top priority.
CHAIRMAN STRAIN: By getting in there early in areas that have not yet been developed would
you more effectively be able to implement the watershed management plan; is that the reason that their
potential would be greatest to be moved up in the list?
MR. LORENZ: For areas that--
CHAIRMAN STRAIN: That are not yet developed.
MR. LORENZ: That are not yet developed. As I said, from my recollection of the discussion from
the EAC meetings was those areas that were developing rapidly because that's the area that is going to be,
we need to try to fix those problems as soon as possible.
CHAIRMAN STRAIN: Well, then the sentence continues: And will impact the greatest amount of
wetland and least listed species habitat. Well, by impacting, does that mean impacting within the basin or
impacting downstream from the basin. How would you look at that?
MR. LORENZ: I think it could certainly be both,
CHAIRMAN STRAIN: Is there a Florida statute that references this requirement, just out of
curiosity?
MR. LORENZ: I'm not familiar with something that specifically references the water management
plan, simply 9.J.5 criteria talks about protecting your natural resources and your water resources.
CHAIRMAN STRAIN: Okay. Well, I would like to move into public comment. And Randy, what I
would like to do is, from here on out if you have a sheet from the public to comment on a particular policy
that we're getting into, kind of give me a heads up before we come to consensus on that policy so I can get
the input as we move along.
And with that, let's -- if you could call the witnesses up.
MR. COHEN: Mr. Chairman, I have four speakers registered to speak on the CCME. The first one
is Nicole Ryan, followed by Wayne Arnold.
CHAIRMAN STRAIN: I would like the speakers to know if you could limit your discussion to this
policy or objective at this time and we will get into the other ones as we move forward, that way we're not
getting out of line. Thank you.
MS. RYAN: For the record, Nicole Ryan here on behalf ofthe Conservancy of Southwest Florida.
And if you'll just keep my speaker slip because I do have comments on other policies.
Looking at the Watershed Management Plan Policy, the Conservancy agrees that the timing on this
really needs to happen at a much more rapid pace. When we talk about beginning the process by 2008 and
finishing in 2018, if you look at what these watershed management plans do it's much more than
stormwater.
Page 31
tf"! "
Objective A is appropriate wetlands and associated uplands are
going to be conserved. Well, by 2018 I would estimate that a lot of the appropriate wetlands and uplands
are going to be developed. So how are we going to make sure that this plan is implemented in a timely
manner so that we can look at some areas that should be used for buffers and should be potentially
purchased through public dollars.
This is a really necessary planning tool. If you talk to the state agencies they will tell you if an
applicant comes in, the paperwork is filled out properly and they believe that the project conforms to their
criteria, they are going to approve it. It's up to the county to determine if that project is located within an
appropriate place. It's something that the county simply has to do. And we're six years overdue.
I don't understand why we cannot go for the funding in this budget cycle. I realize that these
amendments will not be adopted until November but we have a current GMP amendment that says that this
was supposed to have been done by 2000. So it seems like we could go for the funding now because we're
six years too late as it is.
CHAIRMAN STRAIN: You've got to slow down a little bit, the court reporter is having trouble
keeping up with you.
MS. RYAN: I apologize. And I guess the last thing that I would like to point out, and this
references some future policy so we may want to wait on this, but just another reason why these watershed
management plans need to be put in place in a timely manner, there are many, many, references to these
water management plans later than in the CCME, at least a dozen references. And if I could just point out
one if that would be appropriate.
CHAIRMAN STRAIN: Sure.
MS. RYAN: In Policy 6.1 it states: Not withstanding the ACSC requirements, this policy shall
apply to all non-agricultural development except for single family dwelling units situated on individual lots
or parcels that are not located within a watershed management plan conservation area identified in a
watershed management plan developed pursuant to the policies supporting Objective 2.1 of this element. I
think that's a great policy. Unfortunately, it could be 2018 before we're able to apply it. What happens
between now and the watershed management plan implementation?
So the EAC had recommended 2012 be that date for all plans being implemented. That may be too
late also. It's certainly better than 2018. Perhaps we could shoot for 2010 and get this started now.
Thank you.
CHAIRMAN STRAIN: Thank you.
Mr. Schiffer.
COMMISSIONER SCHIFFER: Nicole, I have a question. Do you have any information on the
score card for the water quality?
MS. RYAN: Goodness, our conservancy estuaries report card. I should have brought some of those
along with me. I can bring those back after the lunch hour.
I will say that the watersheds where there was the most land in public ownership, in conservation
had a much better score for water quality and for wildlife. So having these watersheds protected, having
lots of wetland areas protected is beneficial both to wildlife and water quality. And I will bring some of
those report cards in for your reference.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Thank you, Nicole.
MR. ARNOLD: I'm Wayne Arnold with Q. Grady Minor and Associates. My comments are very
general with respect to this policy. I understand the need for the basin management plans but I had
questions about where the funding sources, what's really the scope of these. There is an implementation
arm of whatever we decide we're going to do with these basin management plan that is going to probably
have a direct impact on other elements of the growth management plan and I don't quite understand how all
March 6, 2006
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March 6, 2006
those will come together, And maybe we won't until we jump into studying those basin plans,
But they are very significant, they are large scale, they are going to be time-consuming and very
expensive, and hopefully we enter this with our eyes open and understand that there are probably some
other very significant land use changes that could result from those basin management plans and we
support the changes that have been offered by, the change to the later date to roll these out and implement
them on a little bit longer time frame.
CHAIRMAN STRAIN: I'm sorry, you support which, the EAC's recommendation or the county
staffs --
MR. ARNOLD: The 2018 time frame.
CHAIRMAN STRAIN: Okay, Thank you. Are there any questions? Thank you.
Next. Who is next, Randy, anybody?
MR. COHEN: The next speaker is George Varnadoe, to be followed by Rich Yovanovich.
MR. VARNADOE: Good morning. For the record, George
Varnadoe. Couple of general comments and then some specific
comments regarding what is going on.
From a historical perspective this reminds me of what we did when we first adopted the growth
management plan back in -- the new one in '89 where we said by certain dates we are going to NURP As
throughout the county.
Then we got into the property rights and what it cost to do that. So in the first EAR we made some
changes and got rid ofthat, whereupon we promptly got sued by the state and the Florida Wildlife
Federation and the Collier County Audubon Society for not implementing our compo plan.
I have no problem with these watershed management plans where they are needed. I, like Adelstein,
think it would be better off to say that by 2008 we're going to see where they are needed, prioritize them,
then come back and change your compo plan as to each watershed.
Because right now you don't know if -- where they are needed, how urgently they are needed and
what they are going to do. And of course, prioritization they say where the growth is more rapid, I would
say once you know the results of your monitoring you're going to know where you need watershed
management plans, not maybe where growth is most rapid but where you have water quality problems.
Now as far as the rural land stewardship area, I do want to talk
about that. We went through a three year study. We identified flowway stewardship areas, some 31,100
acres that were going to be protected through the policies of the plan, both the Ocaloacoochie Slough and
the Camp Keais Strand, the two primary flowways ways out.
We went through the plan, we identified the important habitat. So we have habitat stewardship
areas of 40,000 acres that have policies that protect them. Then we went through and said we have water
retention areas, which are the natural areas being used now under the permits from the South Florida Water
Management District to protect -- excuse me, to store and treat water, another 18,200 acres.
So we have done that disk for the rural land stewardship area and this is one are that you can save
money, we have the policies in place to protect not only the wetlands and the flowways but also the habitat
and the water retention areas,
And as far as Mr. Strain's comment, which I thought was a good one, what happened at Ave Maria,
Ave Maria is having a double treatment area, and this is layman's talk, okay, in that we are doing the water
quality on site then it's going into these water retention areas that are already permitted for further treatment
before it discharges into the Camp Keais Strand.
So, yes, at Ave Maria I want to assure you that we have very carefully looked at water quality and
meet the requirements.
So I would suggest to you that one step at a time, figure out where you need it and then do it. Yes, I
have no problem with that, I think that's a great idea. But one area of three years and a half a million dollars
Page 33
March 6, 2006
we have done that is in the rural land stewardship area, here is one area that we can save the taxpayer
dollars. Thank you.
CHAIRMAN STRAIN: Thank you. Any questions?
Next speaker, please.
MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich on behalf of Collier
Enterprises.
I'm not going to repeat what George said regarding rural stewardship lands because we agree with
what he just said.
Couple of things. In Policy 2.1.4 it says you'll address the following concepts: Appropriate wetlands and
associated uplands. And associated uplands appears to be quite a broad term. We really don't know what
that may mean.
CHAIRMAN STRAIN: Richard, you're getting ahead of us.
MR. YOV ANOVICH: Oh, am I?
CHAIRMAN STRAIN: We asked that we stick to the watershed management plan issue for this
discussion. Is that --
MR. YOV ANOVICH: That's part of the watershed management plan objective, it's 2.1.4.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: I didn't know if you --
CHAIRMAN STRAIN: No, we haven't got to that page yet but I understand.
MR. YOV ANOVICH: I'm sorry.
CHAIRMAN STRAIN: Go ahead.
MR. YOV ANOVICH: Anyway. Again, that's an awfully broad term. And secondly, I think people
are a little concerned about water quality issues, and we had a very long presentation at the last EAC
meeting from the Water Management District and how they are working with the Conservancy and other
groups to address rule changes that will address your water quality issues.
So as far as new development goes I don't know that that is necessarily going to be a big issue
because they are going to have to address water quality issues for new development. So you may want to
follow Mr. Adelstein's and George's advice to identify where your problems are first, put that in your
comprehensive plan and then come back later and decide where you are going to spend the money.
CHAIRMAN STRAIN: Thank you. Any other public speakers on this issue?
MR. COHEN: No, Mr. Chairman, that's the entirety of the speakers.
CHAIRMAN STRAIN: Okay. Well, then let's--
COMMISSIONER SCHIFFER: I have a question, Mark.
CHAIRMAN STRAIN: -- go further into our questioning.
Mr. Schiffer.
COMMISSIONER SCHIFFER: Bill, when George described the
activities prior to 2008, is that how you see it? In other words, the
way it's worded is that you will begin by 2008. He described something nice where you'll have it all the
areas studied, you'll isolate what areas you're going to do the water management, the watershed plan on and
essentially start at that point in 2008; is that right?
MR. LORENZ: I see the 2008 date we would be determining what the schedule of the watershed
management planning effort would be. The priorities would be set, we would determine that a particular
watershed would be the first priority to be funded and what that funding schedule would be. So I see that as
being the effort that would need to go through for, by 2008.
And some of the information, assessing, for instance, although I've got it here if you want to see it
on the visualizer. When we prepared the EAR report it was based upon a 2001 DEP study that talks about
impaired water bodies. So we do have some potentially -- we do have data from the state that's coming in
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March 6, 2006
for looking at where those impaired water bodies are.
That information, along with development concerns, along with other types of problems would
need to be assessed to create that schedule of priorities. And I see that that -- that's what I see as happening
by 2008.
COMMISSIONER SCHIFFER: And then the other comment Nicole made that, and she's kind of
right, this has been on the books that it's supposed to be done by 2000. Has any money been budgeted over
the last couple of years or requested to be budgeted to do this study?
MR. LORENZ: No. The only money that was requested at some particular point was during the
Stormwater Utility. And then once -- the recommendation was to go through a petition process for
watershed by watershed by watershed. That was the last that -- and then we had various reorganizations
within the county. That was the last I recall of having any funding requests for it to be.
COMMISSIONER SCHIFFER: Okay. So essentially, once we missed the deadline we kind of
forgot about it.
COMMISSIONER MURRAY: Vaporized,
COMMISSIONER SCHIFFER: Anyway, thank you.
CHAIRMAN STRAIN: While we're on this particular objective, as Richard pointed out, this
objective continues on Page 6 and the top paragraph on Page 7. It might be efficient to address all of
objectives in the policy at one fell swoop so we understand how this is applicable.
Does the commission have questions on the other policies that are part ofthis objective?
Mr. Murray.
COMMISSIONER MURRAY: 2.1.4?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: I too asked the question I noted
here, the associated uplands. And if you could just help me to understand what associated uplands would
be.
MR. LORENZ: Yes. This was a --
COMMISSIONER MURRAY: That's pretty broad.
MR. LORENZ: Within the content of the EAC discussion they were looking at if, for instance, we
needed do have -- it's wetlands with the associated uplands, if there is any need for a particular buffer
around the wetlands for protection. I think that's what they were talking about as being associated.
COMMISSIONER MURRAY: Okay. And then the other question I have is under "I" where you
speak of wetland and estuarine habitat values. rm trying to understand the context of the word values there.
Is that a well understood term appropriate to that? rm ignorant of it.
MR. LORENZ: Probably functions maybe would be a better technical term.
COMMISSIONER MURRAY: rm not looking to argue with it, I just don't --
MR. LORENZ: Yes. Again, this was language that was proposed by individuals and accepted by
the EAC. Values or functions could, for me could work either way.
COMMISSIONER MURRAY: Okay. So as functions you are talking about panther transiting and
MR. LORENZ: Well, let's say a wetland function would, could be for flood storage.
COMMISSIONER MURRAY: Okay.
MR. LORENZ: For protection of homes, you know, upstream, or it could be for listed species
habitat or it could be for ground water recharge. Wetlands would have all of those functions.
COMMISSIONER MURRAY: Okay. Well, I just -- if the word values is acceptable to the
commission and to yourselves that's fine. If you think a better word fits then maybe that would be good.
MR. LORENZ: We can change it to functions ifthat would be more technically correct.
COMMISSIONER MURRAY: Thank you.
Page 35
CHAIRMAN STRAIN: Bill, I need to go back and start on
Objective 2.1 and I have questions about each policy.
On 2.1 you are talking about this 2008 deadline and we have been hearing different comments from the
public on it.
Is one of the things that could be completed by 2008 a determination
of where the basin boundaries would lie?
MR. LORENZ: I think so.
CHAIRMAN STRAIN: Now, are the costs that I heard earlier, I think it was 500 to $750,000 per
basin, are those costs to prepare the plans or to implement the program?
MR. LORENZ: To prepare the plans.
CHAIRMAN STRAIN: And that would start after the process is basically accepted, the process of
determining the boundaries, finding a funding for it, establishing funding localities; is that true?
MR. LORENZ: Yes. I mean you could --
CHAIRMAN STRAIN: So your costs to get to 2008 are pretty minor.
MR. LORENZ: Correct.
CHAIRMAN STRAIN: Okay. That's where I was going.
MR. LORENZ: Essentially, I would say staff time.
CHAIRMAN STRAIN: Okay. How would you establish the boundaries? Would you involve the
public landowners, the stakeholders involved? For example, would you consider the stewardship area as
possibly being a completed boundary?
MR. LORENZ: I think that could be part of that process, yes.
CHAIRMAN STRAIN: And this would be an -- the process itself, would that be an implementation
language in the LDC?
MR. LORENZ: No, I wouldn't see that this policy would be in the LDC except once a watershed
management plan were to be completed and maybe its recommendations were to be, let's say, that all site
discharge for a particular area should be no more than so much cfs per acre or something like that. Then
that could translate in a land development code amendment. But not until that, not until after that point.
CHAIRMAN STRAIN: My concern on some of this is, first of all I know it's a needed issue it's not
even a point of discussion as far as I'm concerned. But if we have areas that could save us time and money
because they have systems in place that theoretically were designed to meet the intent of a watershed
management basin or plan, I don't know why we would want to reinvent the wheel and start all over in
those particular areas.
And that's, somehow I'm looking for assurance that that's not where we're going with this. That's
where the lining of my questioning goes. And before we resolve this I would like to get you to comment on
that.
As far as Mr. Murray's concern about the reference to associated, I too circled that as apparently
some other people have brought that in. If these are the uplands that surround, are the required buffers
around wetlands, why wouldn't they be the abutting uplands or the required abutting uplands or something
of that nature rather than just associated, because I'm not sure how far you could take associated. It could be
Lee County before we stop. And I don't think that could be quite fair.
So could we put in some language that is more directed to what your intention is, which is the
required abutting buffers to the uplands?
MR. LORENZ: We could have either abutting or adjoining wetlands serving as a buffer for the --
excuse me, adjoining uplands serving as a buffer to the wetlands.
CHAIRMAN STRAIN: I would like to see the language more to what you intend. I know that we
have some changes in this document, maybe in the FLU, where we took the, substituted the word abutting
in because we didn't the other word, so let's not make sure we use the other word again and use the right
Mlc~6,12Jo6
Page 36
Marh~, lol
word here,
So that was where I was going with that.
COMMISSIONER SCHIFFER: Mark, can we just talk about that point?
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Why do we want the uplands anyway? I mean, obviously, it's an
issue, Even the Supreme Court's dealing with it now. But what is the reason to add that?
I mean, obviously, if we have a property next to a wetlands we can't be just draining into it without
any control. So what are we gaining with that?
MR. LORENZ: Well, certainly from a wetland perspective if you build right up to the wetland you
are going to be beginning to impact the wetland. So there is a recognition that there is some type, quote,
buffer distance that would be appropriate for it. And I think that was, as I said, that was the recog -- or the
intent of this particular language.
COMMISSIONER SCHIFFER: What if you used the buffer then? What if you said appropriate
wetlands and buffers are conserved?
MR. LORENZ: I think that works from my understanding of the discussion the EAC had with
regard to protecting the wetlands through the uplands system,
COMMISSIONER SCHIFFER: And then the plan will establish the buffer requirement.
MR. LORENZ: That's correct. It may recommend that simply the current regulatory requirements
are sufficient or maybe in certain circumstances it may look at something different. That would be, I think
that was the intent of the -- of the language for the plans to evaluate and review.
COMMISSIONER SCHIFFER: Okay. I think that's a safer wording.
CHAIRMAN STRAIN: I agree. I would think his suggestion would be a much safer way to go.
Does staffhave any problem with that, rest ofthe commission?
COMMISSIONER CARON: So it will now read appropriate wetlands and buffering--
COMMISSIONER SCHIFFER: Buffered.
COMMISSIONER CARON: -- and buffered upland?
MR. LORENZ: Or properly serving as a buffer to the wetlands.
COMMISSIONER CARON: Ijust want to get the language right. Randy asked that we do that.
COMMISSIONER SCHIFFER: Because that way we can discuss what is an appropriate buffer and
that frees up all the other land from being dragged in by mistake.
CHAIRMAN STRAIN: Okay. Staff settled on the language? I see a nodding of the head.
For the court reporter, there was a nod of the head.
On Policy 2.1.5 you are talking about data collection and environmental management and planning.
Obviously, it's based on an a watershed management plan that, according to this document, would be 2018.
Which does put it in kind of a predicament by that time.
Are the costs of this data collection incorporated in part of the costs of the watershed management
plan that we previously discussed or is this another series of costs, and if so do we know what those are?
MR. LORENZ: I see this, this is a rewording I believe from, that came from the comprehensive
planning department. I simply see this as rewording the existing language. I see it as being implemented
simply from a standpoint as we've collect -- we're going to have to collect the data on a watershed
management, for each watershed management plan the specific data. But to the degree that we already have
data we can display it and we can manipulate it within a basin-by-basin, and that's simply, not to get too
detailed, but in a GIS system once we establish the basin boundaries we can always query the data base
according to watersheds or basin boundaries.
CHAIRMAN STRAIN: That does -- I understand it. It makes sense to me then.
Go ahead, Commissioner Caron.
COMMISSIONER CARON: Bill, you said that you're getting information from DEP. You already
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March 6, 2006
have some information. We also already have things like the rural stewardship area. It seems to me that if
someone were to just take some time we may be a lot further along in this process than we think we are and
that we've just been postponing it for no real reason.
If you are getting this information already, somebody just needs to sit down and start compiling it.
And that we may be making more out of it than actually needs to be made out of it if somebody would just
go through the data that we have and is coming into us on a regular basis.
MR. LORENZ: We certainly, that is certainly definitely the case. As we were to develop a
watershed management plan we would go through that data collection activity of what currently exists.
COMMISSIONER CARON: That doesn't sound to me like a multi-million dollar project.
MR. LORENZ: It depends upon the detail, level of detail that you want to get to. If, for instance,
when you begin to really hone in on some of the actual water flows across the land surface -- now things
have changed, there could be some data that right now is more precise and accurate than it was, let's say,
two or three or certainly five years ago that you could be doing that exercise.
And that would be an exercise that you would have to do as you develop a scope of services for
each individual watershed management plan, but indeed a fairly comprehensive exercise.
CHAIRMAN STRAIN: On your Policy 2.18, I know the AC changed it. They changed, they
addressed an issue that I had also been concerned about that is, shall take the lead. But if you take Policy
2.16 and remove the reference to municipalities from that policy and insert them in the first sentence of
2.18 just before the DEP and at the end ofthe first sentence of 2.18 after the reference to the Corps of
Engineers state and other governmental agencies, you have everything covered in one policy and you can
drop Policy 2.16 as duplicative, again, as we've seen in other locations in this document.
I'm not sure why we couldn't do that unless you guys have a reason why we can't. It certainly
simplifies it. And I know you have to make an explanation but that ought to work.
MR. LORENZ: That seems to work to me.
CHAIRMAN STRAIN: Problems with that with the rest of the commission?
MR. LORENZ: Mr. Chair, if! may go back.
CHAIRMAN STRAIN: Yes, sir.
MR. LORENZ: Maybe it wasn't intentional, but on 2.1.4 just to note that one of the changes that the
EAC recommended, 2.1.4B where it says drainage systems do not, current language is unacceptably affect
wetland and estuarine ecosystems, the EAC suggested that remove unacceptably affect and replace with the
term degrade.
CHAIRMAN STRAIN: Right. I didn't comment on it because I assumed that was something you
already did. It sure looked like it was a better move.
MR. LORENZ: Okay. I didn't know whether as we go through the effort, since I'm putting this
particular sheet whether we need to address each one of these suggested changes in a positive fashion so we
that we would know that you're accepting them.
CHAIRMAN STRAIN: Commissioner Caron.
COMMISSIONER CARON: At this point we should be following 3.04 EAC recommendations
because everyone on staffhas agreed.
MR. LORENZ: Correct.
CHAIRMAN STRAIN: Correct.
MR. LORENZ: Right.
COMMISSIONER CARON: Unless we object this is what we should be looking at.
CHAIRMAN STRAIN: I think at the end of today's discussion of this element we can also include
the recommendation of the EAC, assuming we either agree or disagree with it depending on if there is any
particular items. So that's how I was going to -- but I have been working EAC's recommendations as well.
I guess it goes back, then, to settle this objective the language that begins in the first sentence on
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what the process is in preparing the watershed management plans, and my concern is, is there some
language that staff can suggest that can assure us that the areas that already have what are in effect
watershed management plans such as the stewardship area with the flowways and that entire effort that we
did years ago, and even the rural fringe to whatever extent they may be there are not duplicative in another
study that costs the taxpayers more money when it's already been effectively done.
I think that's the only lingering concern I have about this objective in regards to how it's worded.
Is there some thought on that in regards to the staff as to --
MR. LORENZ: Well, we could certainly add -- I think we could develop some language that would
indicate that before letting any contracts or going through the budgeting effort an assessment would be
made to determine existing data sources and information that would either substitute for or contribute to a
particular watershed management plan.
CHAIRMAN STRAIN: I'm not sure that goes as far as I'm trying to get.
Mr. Murray.
COMMISSIONER MURRAY: I'm just going to say that as
part ofthe process data previously collected shall be integrated within the watershed program or plan and
shall be used. That's what I would do ifthat's available. And it's whatever resource you have, whether it be
conservancy or what have you.
MR. LORENZ: Right.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: We have lots of non-duplicating language in other places here that
probably could just be worked into this as well.
CHAIRMAN STRAIN: Well, my concern again is that we've got established areas that may have
already met the intention of this future watershed management plan. I'm looking for an assurance that we're
not going to go out and make, reinvent the wheel with those areas. And that's all I think the public needs as
well. There are large landowners out there, and I'm not necessarily always in favor oflandowners, but at the
same time I'm not necessarily in favor of being unfair in the process. So that's what I'm trying to get a grasp
on.
MR. LORENZ: I think there are two issues then. One is capturing data and information into the
plans. But the issue of, I think, the chair is making is that we actually evaluate and identify those areas we
will, we need to develop the watershed management plans in areas we don't need because of whatever
reason --
CHAIRMAN STRAIN: Yes.
MR. LORENZ: -- that will be taken offthe table. So we can add that.
MR. COHEN: Mr. Chairman, can I offer the following language which may help. After the word
plans add the language utilizing where appropriate existing available data.
CHAIRMAN STRAIN: Well, we were going to do that anyway, though, Randy, that's why I don't
think that addresses the issue as Bill just stated it.
Bill, I think your comment, though, that you would prioritize the need for watershed management
basins on those areas that may not have already addressed those issues would help exempt the areas that
have.
MR. LORENZ: Right.
CHAIRMAN STRAIN: And, Randy, that's kind of where I've been trying to go with this.
Mr. Schiffer.
COMMISSIONER SCHIFFER: Bill, would the data be the same? In other words, the same
standards from the past?
MR. LORENZ: You would -- I mean, you kind of -- when it's past data you live with what you've
got unless you make a decision it that it needs to be upgraded. And that would be part of the evaluation
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process.
COMMISSIONER SCHIFFER: And then the other thing is there are areas of the county that are
having trouble with storm water where growth is going to be large. Is there a way we can really make sure,
they don't have studies yet, I think that's even more important than -- I mean, I know that was somewhat
worded in there.
CHAIRMAN STRAIN: That's where I was going. If someone has already gone through the effort to
take care of the watershed issues, why do we need to go back in and reinvent the wheel unless there is some
legitimate concern to do so,
MR. LORENZ: Right.
CHAIRMAN STRAIN: But I would sure like that to be included in the evaluation of the basins and
their prioritization and how and where they're created.
Maybe staff could focus on some of that language and before the day is over come back to us on
that.
Mr. Murray.
COMMISSIONER MURRAY: If! may engage you, Mr. Chair, you are talking about those that
have actually been done, such as the ones referenced earlier. Data that were collected earlier, then it has a
matter to do with definition. I certainly agree with you about what you are attempting to obtain.
Can the data that is being collected so far, would be the question I guess, can that data be relied
upon to support the definition of the watersheds? And it may be necessary to requalify the data. The data
that you have are certainly useful, but to requalify it. And I know there are two parts there.
I'm showing my support for your statement, certainly, but that thought process is something because
it all has to do with your budgetary whether or not you appear to be going again do the same thing.
Maybe you could comment on that.
MR. LORENZ: I know in the past when we were in the mid-nineties when we were looking as
them we were funding certain components of the watershed management plans. We were funding aerial
surveys to give us topographic information that would allow us to more accurately define those watershed
boundaries because we have such flat topography here that putting a road in or changing a culvert out here
may make a difference in terms of your watershed boundary.
So, to the degree that the data that we may have puts those boundaries needs to be re-evaluated.
That would be incorporated into a scope of services with a watershed management plan to more precisely
identify that watershed boundary. So those boundaries would always be somewhat tentative until you
complete the watershed planning effort.
Now, since the mid-nineties now we have a lot better topographic control and data with the LIDAR
information and that may be simply the best we can have, in which case staff can assess that information
and we don't have to go through that exercise.
COMMISSIONER MURRAY: Okay.
MR. LORENZ: But those are some of the considerations that go through my mind when you ask
that question.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: What I would like to do if there is no objection from the panel is let staff
go through it after lunch, come back and possibly suggest some language to improve that objective. And
then we will move on after lunch on those others.
Right now I want to move on to Objective 2.2 and keep going until about quarter of 12:00.
And 2.2 is on Page 7. Are there any comments on Page 7 from the commission?
Bill, the Policy 2.2.5.
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Previously you were supposed to identify the Stormwater Management
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systems that were not meeting stormwater quality standards by '98.
Now by 2008 you are simply initiating a process to identify them, That's ten years later from --
you're going from actually identifying them, you lost ten years and now that isn't even ten years because
you're just simply initiating a process to identify.
Hasn't anybody initiated a process to identify in these past ten or number of years since this policy
was implemented originally?
MR. LORENZ: Not that I'm aware of. I know this is another policy here that hasn't had a home. I
know pollution control I think had originally proposed the language initially. I'm not sure who if they are in
the EAR report the ones who are proposing this language or not but I'm not aware of anything that has
happened.
CHAIRMAN STRAIN: Would the identification of the systems -- you are talking about private
systems or public systems?
MR. LORENZ: Private systems.
CHAIRMAN STRAIN: So you would actually go into private properties and determine iftheir
water management system was functioning lake to lake, outfall to outfall, things like that?
Well, that's part of the process you don't know yet.
MR. LORENZ: Right. That's not -- as I said I'm kind of -- we're speaking here from perhaps other
departments. Certainly from my standpoint, if you are to go in and looking at the stormwater systems you
need to make sure that they are built, that they are currently operated as permitted.
As many times as stormwater systems -- something is removed or the swales aren't functioning
properly -- and I know that there are some exercises that are going on in making inspections of these
systems through our engineering department, through the PUD monitoring, so somewhere along the line
that information would be captured and brought in to assess this policy. Now, how that gets reorganized I'm
not sure but those would be my first thoughts.
CHAIRMAN STRAIN: In the previous policy as it was previously written you had a date in which
you would identify these water quality standards, That was ten years ago or ten years from in timing. Now
you are simply saying you're going to initiate a process to identify. So when will you be actually identifying
these facilities?
MR. LORENZ: As I said, I've got to have a department. I'm not sure, David, who the department
weighted in on this, whether it was pollution control or not with the language or whether compo planning
generated this language.
CHAIRMAN STRAIN: Again, and later today we'll need an answer to that because if you can't
come up with a time -- if you are only going to initiate a process to identify and it just sits there for another
10 years before you physically identify, I think that's another open-ended problem with the language you
are proposmg.
And at the end of the first sentence I would -- I'm assuming that when you identify these and you would
assess them for their water quality, you're doing so --
MR. LORENZ: Sorry.
CHAIRMAN STRAIN: -- based on the codes in effect at the time ofthe approval ofthe project that
you are looking at, is that right, or are you looking at them in line with the current standards? Because some
projects in this county are quite old, and I'm not sure if you identify an older project as deficient, such as
Glen Eagle or someplace like that --1 don't know, I think that's one ofthe older projects -- say their water
management systems wasn't up to par based on today's standards, and you identify it as such, I'm concerned
about the implementation or the outcome of that identification.
Does that mean that they have to go in and rip out their stormwater management systems, they have
to improve them? Because that's a burden that we haven't even discussed yet in regards to this policy.
Do you care to comment?
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March 6,2006
MR. LORENZ: My comment would be is that they are looking at the systems to function as when it
was permitted. So I would look at it from that standpoint because that's what their permitting requirement
IS.
CHAIRMAN STRAIN: So the departments then have codes available to them to look at, to go back
and see on each, say, 20 years, when a project was designed what the code was at that time that it had to
meet and it's meeting that today in regards to the way you would inspect it; is that __
MR. LORENZ: Like I said, I'm not responsible for this particular item, but if! were, I would be
creating a process by which I'd be reviewing that stormwater system against its approved set of plans and
that -- that's what I would be holding that system to.
Now, in the overall context of overall stormwater management within Collier County that
information then helps to determine what kind of substandard systems we have even though they maybe
operating according to their approved systems. So that's information, again, that can be useful for some
overall watershed management planning.
CHAIRMAN STRAIN: I'm, I have another issue about but Mr. Adelstein is wanting to ask you a
question. Go ahead, sir.
COMMISSIONER ADELSTEIN: I don't know why we can't change this by having read by
December 31st, 2008, Collier County shall have identified stormwater management systems, dab, dah, dab,
dah. If it's going to take two years to figure out to get there, let's do it today.
COMMISSIONER MIDNEY: I think that's a good suggestion.
MR. LORENZ: Randy asked me the question if I were to start now, how many years it would take
to do it, and I would guesstimate two years.
COMMISSIONER ADELSTEIN: Then that's what I think we should be doing instead of waiting
two more years to start it.
CHAIRMAN STRAIN: Something that may help, if you recall in the FEMA suggestions that came
forward, Gene brought them here within the last month, one of the items was a yearly inspection of all
existing projects by the engineer of record stating if they are functioning properly or not. That may help this
policy, my understanding of where you are at out there already. And I'm just wondering if that has been
looked at as a source of assistance in getting this policy's intention met?
MR. LORENZ: Like I said, I can't answer those questions, those are detailed questions beyond __
I'm not sure who developed the policy but certainly if that information is available and that process is
already starting then obviously that would be an appropriate accomplishment.
COMMISSIONER MURRAY: Just to follow up with Mr. Lorenz for a second Joe, please. In the
context of your responses, your answers to all the questions with regard to time, you are talking about it
based upon your current authorized staff and funding; is that right? That's how you respond to it; is that
correct?
MR. SCHMITT: I'll answer that because it -- again for the record, Joe Schmitt.
COMMISSIONER MURRA Y: Okay.
MR. SCHMITT: The funding is -- we identify the need based on the policy the board gives us.
Some of these, most of what you are talking about now are functions that are funded through the general
fund, either Fund 11 or 001. Bill has several sources of funding for various things he does but this again
would be a demand somehow based on the general fund.
But Mr. Strain is in fact correct, this policy would be dealt with in regards to the flood ordinance
we're bringing back later this year to
the board. In some aspects we're asking for only annual certification, and it may be biannual, certification to
ensure that flood systems as designed when they were actually submitted and approved that they function
properly. No, we will not make anybody go back and retrofit something.
And ifit is or are that happens that will be done through Gene's staff through some sort of funding
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mechanism, I have no authority to go back and tell somebody that was something approved 20 years ago.
That would be some other funding source and through some other revenue source in order to do that.
But I think that annual certification or once every two or three years, whatever the board validates
as part of our flood ordinance, which is connected with our, our community rating system, CRS, the CRS
under the FEMA flood maps and FEMA insurance program. So some ofthese activities all kind of
interrelate.
CHAIRMAN STRAIN: Good, I was hoping that you would say that, thank you.
Staff, do you have any objection to Mr. Adelstein's recommended language change?
MR, WEEKS: No, sir.
CHAIRMAN STRAIN: Okay. At the end of the sentence that he was going to change would you
have any objection to adding in effect at the time of approval of a project or a property's system, So that
there is assurances that we're not going to go back in and tear apart communities for stormwater
management issues unless they are obviously in error and not working properly.
MR. LORENZ: I think that would be fine.
CHAIRMAN STRAIN: Okay. Any problem with the commission?
Let's see if we can move on to Page 8. Questions from the commission on Page 8?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I've marked here -- just help me with the pre and post development.
What does that relate to in terms oftime?
CHAIRMAN STRAIN: What policy are you on, sir?
COMMISSIONER MURRAY: I'm sorry?
CHAIRMAN STRAIN: What policy?
COMMISSIONER MURRAY: I was at 2.3.6. Am I too far?
CHAIRMAN STRAIN: No, I just wanted to make sure we could follow you, that's all.
COMMISSIONER MURRAY: Okay. My apologies. B, okay? My question really relates to when I
hear the word post. How late is post and what does it really mean?
MR. LORENZ: I'll give you a little bit of background for this policy. The Corps of Engineers
established or developed a Southwest Florida EIS study several years ago in which case was looking at the
cumulative impact, cumulative impact of wetland development within Southwest Florida.
As a result of that, of that EIS, EPA required that as part of the EIS study, that cumulative water
quality effects or impacts be somehow assessed as a result of the wetland impacts that were being permitted
here in Southwest Florida.
What translated from that assessment was a methodology, and I'll call it a desktop methodology,
which is somewhat of a little bit of a model that would evaluate a project's impact upon water quality,
potential water quality impacts.
And what we call it is a pre and post assessment, that, based upon themodeling methodology a
particular site, let's say you want to develop a hundred acre site, that hundred acre site the way it exists right
now would have some kind of nutrient loading -- when I say nutrient loading, nitrogen or phosphorus that
is going to run off of that site as a result of the rainfall falling onto it. That's your predevelopment
condition.
The methodology then goes in and creates a number of particular processes and procedures to say if
you are going to put a development on this site that has 20 acres of commercial and 50 acres of residential
and 10 acres of industrial and you configure your stormwater system in such a fashion that we would
expect a post development runoff rate or nutrient loading rate from that site to have some number which is
calculated through that methodology. This is the methodology that the state uses in what's called a water
quality certification for the U.S. Corps' 404 permitting process.
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So the state, although the state hasn't adopted this methodology, it uses the methodology in its
function as certifying to the Corps
that particular project will not adversely affect water quality.
What we did several years ago in our EIS provisions in the land development code was to adopt
that pre and post methodology, whatever the accepted methodology is by the agencies, to be part of our
environmental impact statement.
So that when we in the environmental services department review a project that has this
methodology we have to ensure that the post development loading rates are going to be equal to or less than
the predevelopment loading rates, which is tantamount to saying that we expect that that project is not
going to adversely impact water quality.
COMMISSIONER MURRAY: Thank you. Will you wait until the project is absolutely complete or
will you have any interim testing?
MR. LORENZ: No, there is no physical water quality testing for this. This is a, as I said a desktop
analysis. It's -- it's a -- based upon a series of assumptions.
COMMISSIONER MURRAY: Calculations.
MR. LORENZ: And calculations--
COMMISSIONER MURRAY: Got it.
MR. LORENZ: -- that the methodology has developed.
Now two things. One is the EAC just heard from a South Florida Water Management District
representative indicating that the current methodologies that is in use, there have been criticisms of it and it
is currently being revised in response to those criticisms. So we expect to see a revised methodology come
forward for it, which again, we would accept the revised methodology.
Secondly, the EAC, in Item C of Policy 2.3.6, was concerned that the methodology is not specific
enough for Collier County such that it's not giving us a true representation of what may be occurring. So
Item C is the recommendation to have, I'll call it a study to look at the current methodology or refined
methodology, however it comes out, and to determine whether or not there are areas that need to be
changed in that methodology and as a result of that particular study would translate into some
recommendations either for the methodology or for some other changes to our regulatory requirements. But
that's why Item C is in there.
COMMISSIONER MURRAY: Thank you very much.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Who has the authority to adopt the software that we use for that --
or does that come through your department, come through this plan, come through __
MR. LORENZ: Well, the --I'm not sure that -- what we see is we actually see the final paper output
and we review it for some assumptions and then the final analysis. We do not have software to do that. It's
-- what I I've gathered is it's essentially some excel-type spreadsheets that are being utilized by some of the
consultants. I don't know whether there is a proprietary software that's been marketed by the consultant or
whether the individual firms are simply taking the methodology and creating their own computational
methods for it.
COMMISSIONER SCHIFFER: But you've only reviewed the output --
MR. LORENZ: That's correct. In some cases, I mean, we've -- once or twice we've picked up an
error and we've had them redo it but other than that we're not running a, quote, a side-by-side analysis.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Bill, on your Policy 2.3.6.A, require federal and state permits addressing
water quality. Do the feds address water quality? I know South Florida does.
MR. LORENZ: Well, if there is an NPDES permit that is required, and typically that's NPDES,
National Pollutant Discharge Elimination System, is usually used for surface water projects. Typically that
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doesn't occur in Collier County when we -- I think, looking at that language we're always looking at federal
and state, whatever water quality permitting you need to get from the federal or state agencies we want to
make sure that we are capturing both. As a routine matter there's probably not a federal NPDES permit that
is required for the stormwater management systems. They are using --
CHAIRMAN STRAIN: Okay,
MR. LORENZ: -- if there are wetland impacts they are using that state certification process for
judging water quality impacts.
CHAIRMAN STRAIN: But the way this reads it says require federal and state permits addressing
water quality. You mean to the extent they are required by the federal and state, permits addressing quality
should be submitted to Collier County before Collier County issues a final development order --
MR. LORENZ: Correct.
CHAIRMAN STRAIN: -- isn't that a better way to say it?
MR. LORENZ: That would be a good improvement.
CHAIRMAN STRAIN: To the extent required by federal and state permits. That would solve the
problem on B.
Any project impacting five acres or more, could that be more than five acres just in case we have
some five-acre single family -- you know, the five-acre estate lots or something like that.
MR. COHEN: Not the way it reads, Mr. Chairman.
CHAIRMAN STRAIN: I'm sorry?
MR. COHEN: That would include parcels that are five acres in
SIze.
CHAIRMAN STRAIN: Right. So I'm just saying, could it be greater -- instead of reading impacting
five acres or more how about greater than five acres? That way you don't get into a problem with the
Estates and any issues that might arise out there.
MR. COHEN: Right.
CHAIRMAN STRAIN: Okay. So is that acceptable?
COMMISSIONER CARON: Five acres or greater.
CHAIRMAN STRAIN: Yes. No, greater than five acres. I'm trying to say we shouldn't be out there
imposing this on five-acre home sites,
MR. LORENZ: Now that I'm looking at it too, and I thought we had somewhere in there that it
would exempt single family homes from, and I think that would be --
CHAIRMAN STRAIN: Even better.
MR. LORENZ: We definitely would want to have that--
CHAIRMAN STRAIN: Either way--
MR. LORENZ: -- well, definitely want to have the exempting single family homes because I don't
think that the water quality certification is required for single family homes,
MR. WEEKS: I would recommend the single family exclusion because some ofthe Estates lots, it's
my recollection, do exceed five acres. Not many but I think there are some, just to be safe.
CHAIRMAN STRAIN: Well, then I would agree with that language, so -- same problem with the
commission. If you'll add that.
On C, the second sentence from the bottom, fourth line up, it says policy and for lawn care
pesticides.
Where did you pull that one from? I mean, there's a lot other things out there besides just that. I
would hate to see this being a limiting factor rather -- and I'm just wondering if you have to list that
wouldn't you have to list every possibility that you'd be looking for? So why would we want to leave that in
there?
MR. LORENZ: I'll simply say the EAC was very much focused on lawn care pesticides.
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CHAIRMAN STRAIN: So I could dump a gallon of turpentine on the ground and no one cares
because I don't use it as a lawn care pesticide. I'm just not sure that this is a real good thing to separately
state without stating everything or nothing and leave it just that it encompasses everything. I mean __
MR. LORENZ: Well, I guess I wouldn't necessarily disagree. I'm trying to rely -- you know, carry
the EAC's focus here. I think: it's going to be difficult, quite frankly, and I think we'll have to develop the
methodology, is really to come up with all of the complete pesticides. I mean we may have to use some
type of surrogate information. And again, this is one of those points where trying to get too detailed in a
policy starts locking you in a little bit --
CHAIRMAN STRAIN: Well, I would think --
MR. LORENZ: -- because I think they did have concern with pesticides. And mostly what is
developing in Collier County is the residential concern and lawn care pesticides, so that was, I think:, their
focus.
CHAIRMAN STRAIN: I would think that we could leave the implementation of what pesticides,
chemicals and other elements you are looking for to the LDC. I'm sure you're going to follow to this in the
land development code, aren't you?
MR. LORENZ: The study -- creating the study would not be a land development code requirement.
If as a result of the study we wanted to make some regulatory changes of course then that would -- that's
what would fall under the land development code.
CHAIRMAN STRAIN: I don't know thoughts of the rest ofthe board but I'm concerned about the
intentional appearance of a limitation when we are only listing the lawn care pesticides.
COMMISSIONER MURRAY: I agree with you.
COMMISSIONER VIGLIOTTI: Suppose we had something like and others.
COMMISSIONER ADELSTEIN: Not, it's too --
COMMISSIONER MURRAY: Too liberal.
COMMISSIONER CARON: Everything is listed in B.
CHAIRMAN STRAIN: Yes, everything's listed. Why don't we just put a period after the word
policy and just drop it.
COMMISSIONER MIDNEY: I agree, because you can also put lawn care fertilizers.
CHAIRMAN STRAIN: Oh, yes, which probably have a bigger impact than pesticides.
MR. LORENZ: That would be covered in the nutrients. Nitrogen, phosphorous would be the
concern about the fertilizers.
Just trying to carry the ball for the EAC, I mean, I think: there could be some concern for pesticides.
If you simply just said pesticides that makes it broad enough to kind of address it.
COMMISSIONER CARON: Actually you should add pesticides to B and take it out of C.
CHAIRMAN STRAIN: That's a better point yet.
MR. LORENZ: In B the methodology right now, the date that that is collected is -- the methodology
can only address those parameters that are listed in B. Because the way the methodology is worked, is that
COMMISSIONER CARON: I see.
MR. LORENZ: -- there has been a comprehensive data base for these parameters that have
established how of a -- let's say, how much copper, how many pounds of copper will come off of a acre of
COMMISSIONER CARON: So leaving it at pesticides alone is the way to go.
MR. LORENZ: Putting it in C focuses our study on seeing if we can come up with some data for
pesticides.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: With this conversation I realized that anything I was going to say is
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not going to help. So, thank you.
CHAIRMAN STRAIN: The suggestion then from panel is to drop the words and for -- I mean, the
words for lawn care and just leave the word pesticides, and pesticides, and that just makes it broader and
covers more. Okay?
The last thing is the -- the last sentence talks about monitoring shall be presented to the Board of
Commissioners, For what? Is there an outcome that you're expecting from the board or is that going to be in
implementation language somewhere else or -- so you are going to do all this and present it to the board, is
there some outcome that is supposed to happen or is this just informational policy?
MR. LORENZ: I think the -- and maybe we need to reword it -- is that the complete results of the
assessment, any recommendations, results of the monitoring, any regulatory recommendations would be
brought to the Board of County Commissioners for their direction. So perhaps we need to reword that
sentence.
CHAIRMAN STRAIN: Just declare it. Okay, thank you, Bill.
And I think right now the way we're going to do is we're going to take lunch. And when we come back
from lunch I would like to do two things: Address Policy 2.1 's final recommended language from staff or
corrected from staff based on our input so that we can come to a consensus on that. And that would also
include the timing of Policy 2.1. And then for those members of the public that obviously realized that this
is going to be an all day affair, possibly, if you have something that you cannot wait for the rest of the day
and you would like unburden yourself with your problems and concerns after lunch, we will limit you to
time as always but we'll let that happen. And that way you are not tied here all afternoon. I know some of
you have got to leave.
Mr. Cohen.
MR. COHEN: Mr. Chairman, just to clarify, most of the speakers want to talk about Objective 6
and Objective 10.
CHAIRMAN STRAIN: Again, we're going to get to those hopefully before the day is over. But if
they have to leave, and I know some do because they spoke to me at break, then we'll have the opportunity
to address their -- listen to their concerns but probably not get into the meat ofthe issue until we march into
it on the order that we've already started.
Mr. Adelstein.
COMMISSIONER ADELSTEIN: I think maybe we ought to get to Joe and say -- I think if we're
going at this pace we're talking about approximately five days.
CHAIRMAN STRAIN: Well, let's just see as the day goes by--
COMMISSIONER ADELSTEIN: I'm just saying -- I'm not saying it's bad, I'm saying if we're going
to need that much time at this pace we ought to consider looking for the time and the place to do it.
CHAIRMAN STRAIN: Okay. With that we'll take a break. We'll come back at 1:00.
(A lunch recess was taken.)
CHAIRMAN STRAIN: Okay. Before we left I had mentioned that we're going to come back and
finish discussing Policy -- Objective 2.1 with some possible language from staff and then we'll hear from
any speaker that has to leave and can't spend the rest of the day in our company can state their causes before
they leave.
So Bill, let's see what we've got.
MR. LORENZ: For the record, Bill Lorenz, Environmental Services Director, David weeks and I
put our heads together at lunch and this is what is on your screen, is to try to boil down the
discussion that you all had earlier. And I think that I can manipulate it here, so if we begin to make changes
I can reflect the changes on the screen for everybody.
The base document here is the E-mail that I sent out to you over the weekend.
CHAIRMAN STRAIN: The way you've worded this it covers more than -- it covers everything,
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really. I mean, originally we were focusing on the stewardship area but I think by number one you actually
cover more than -- you cover any place in the county that may have operated with a current watershed
management plan that is viable.
And if you learn than those ahead of sometime we haven't got to reinvent the wheel and can
possibly utilize those and save some money for the taxpayers if this will go forward.
MR. LORENZ: I know there was some work that was done on the Gordon River watershed that
possibly could substitute, and the Lely, so we'll --
CHAIRMAN STRAIN: Okay.
MR. LORENZ: -- we'll look at everything.
COMMISSIONER MURRAY: Good.
COMMISSIONER CARON: Good.
CHAIRMAN STRAIN: Okay. Is there any--
COMMISSIONER MURRAY: I think it's good.
COMMISSIONER VIGLIOTTI: I like it.
CHAIRMAN STRAIN: I like it. Any other questions for staff -- I mean from the panel?
I have two comments I would like to make. In this planning effort is this any duplication of effort
that is already put forth the either by South Florida Water Management District, because they use surface
water permits and they have them all over the county -- and sheet flow? And also you have Big Cypress
Basin that is in charge, I believe their designation is to basin watershed management. So are we duplicating
efforts that other government agencies have already got going?
MR. LORENZ: The other policies that we talked about cooperating and working with those other
agencies, we would certainly be wanting to do that, and to the degree that they are developing some effort
we want to cooperate with them and find out what the best utilization of the monetary resources would be
in addition to capturing all the data.
So I certainly don't want to just to think that this policy simply puts us on a track that we're going to
duplicate whatever efforts they are doing. We need to work together with that, especially since the dollar
amounts are going to be critical for us.
CHAIRMAN STRAIN: On number two where it says an assessment of available data, the
information that can be used in the development of watershed management plans, could it be an assessment
and utilization of available data and information that can be used in the development of a watershed
management plan?
It's just a simple word but I think that would force us to make sure we use work already completed
by other agencies. Now, maybe they haven't done the whole county, maybe that's the reason why Collier
County needs to do this, but I think under any circumstances we ought to be using all of the information
that's already collected and not paying for it twice.
Does anybody have a problem with that --
COMMISSIONER MIDNEY: No.
CHAIRMAN STRAIN: -- word being added?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: You used spellcheck. It's pretty handy isn't it.
MR. LORENZ: Yes.
CHAIRMAN STRAIN: That was cool.
MR. LORENZ: Awkward position here.
CHAIRMAN STRAIN: Okay. I guess then the next item that we need to consider is the date. And I
know that we have had 2018 proffered by staff originally. The EAC came back with 2012 and we have had
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a suggestion from the conservancy to go to 2010.
What is the desire and thoughts of this panel?
Go ahead, Mr. Murray.
COMMISSIONER MURRAY: It would make sense to me if we're attempting to motivate
everybody to get this thing going to put it in 2010 and see what the commissioners choose to do.
COMMISSIONER SCHIFFER: I like 2000 but --
CHAIRMAN STRAIN: That's past dating.
Is there any other thoughts from the planning commission?
COMMISSIONER VIGLIOTTI: I can't see why we shouldn't do it by 2010.
CHAIRMAN STRAIN: Okay. Mr. Schiffer.
COMMISSIONER SCHIFFER: Bill, can you comment on that. Is there anything that you see is a --
I mean, obviously the need's necessary. Data will be falling off as it goes. Essentially it's going to be a
workable plan in pieces, won't it?
MR. LORENZ: It's a matter of budgetary priorities by the Board of County Commissioners
ultimately.
COMMISSIONER SCHIFFER: But even once it's done it's going to be a living document that
we're going to be constantly tweaking and manipulating and studying, so, I mean, it's -- as the thing starts
off isn't it going to be useful prior to these deadlines?
MR. LORENZ: You mean the item --
COMMISSIONER SCHIFFER: The planning of the watersheds.
MR. LORENZ: All of the information certainly would be usefuL But when we're talking about
completion of a plan we're talking about a plan as it's going to translate into potentially regulatory
restrictions or recommendations, additional programmatic types of concerns, whether it be additional
monitoring or additional study or what have you.
So I'm not really -- I see each watershed management plan that is completed is going to -- is going
to be somewhat a finite item that is going to be very much a deliverable and it may translate into planning
longer terms down the road. But I don't see them so much as what you are calling them as a living
document.
COMMISSIONER SCHIFFER: So in other words, couldn't it be such that rather than -- I mean,
what this is saying is everything has to be done by 2012. Is it something that could be broken up and going
to those areas, because I see, for example, the way things are being built in the Estates. That's important to
get real quick.
One way to get it real quick is make the whole thing done in 2010. Another way is pieces of it could
start coming off.
MR. LORENZ: I see more of a watershed management because it integrates a variety of different
components. Forme a watershed management plan needs to integrate those components together and that
is the fmal document and the prioritization. If it can't be done -- if it cannot be done concurrently the
prioritization then is simply picking those areas that we think the plans can give us the greatest benefit --
COMMISSIONER SCHIFFER: Okay. Okay.
MR. LORENZ: -- in an early completion date.
COMMISSIONER SCHIFFER: Is it something that can be done in two years?
MR. LORENZ: If you threw the same amount of money in two years than you would over a four
year period then the answer is yes and it's a simply a matter of how much money can you allocate in a given
year.
COMMISSIONER SCHIFFER: Would you then hire a bunch of staff who you would then let go at
the completion?
MR. LORENZ: This would be for the most part consultants. We would have some staff as project
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managers, some existing staff that would pull together some information and interface with the consultants.
But it would be a consultant process.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: In that regard as watershed, and I'm envisioning all of these
depressions out there, wouldn't we have to acquire the property?
MR. LORENZ: Oh, no, no, no. The watersheds would simply -- we would identify how we best
should either plan, regulate and develop within those areas.
Now there certainly could be some areas where a particular watershed management plan may say,
look, to be able to accomplish -- optimize all your objectives there may be 40 or 60 acres in one particular
area that you need to set aside for water retention for a regional system. And at that particular point that
would be identified as a capital improvement element to acquire the land and develop it. But that would be
the extent that I would see that that, quote, be any area in the watershed would then be acquired by the
public entities.
COMMISSIONER MURRA Y: That makes it clearer.
CHAIRMAN STRAIN: Mr. Tuff.
COMMISSIONER TUFF: Just my question was you had -- it was at 2018 and you suggested 2012
and you picked 2012. Was it because you thought the others were unrealistic expectations to go to 2010 or
eight or --
MR. LORENZ: Staffs recommendation is 2018. I put this here as 2012, picking up on some earlier
conversations that the planning commission had.
COMMISSIONER TUFF: Right. But they are speaking 2010 and you said 2012 yourself, so I--
CHAIRMAN STRAIN: No, no. EAC recommended 2012. Bill's and staff still recommend 2018.
Conservancy in their discussion recommended 2010. That's the hierarchy.
COMMISSIONER TUFF: Gotcha.
MR. LORENZ: Yes. And as I said, pure and simple the answer to that is what type of budget
allocation could we receive.
CHAIRMAN STRAIN: Well, another question that comes into play is after this plan is completed,
assuming you are going to hire an engineer and someone is going to complete the work and you're going to
have all of these new plans with all these new criteria, wouldn't you then have to implement them through
GMP policy and then LDC implementation language?
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Because you're talking about something I thought was going to show up on
the FLU. The whole land use map is going to have to show where these basins are, I would assume. But
regardless, if you have to modify the GMP and then the LDC you're looking at a year or two after the plans
are complete before they are really workable.
MR. LORENZ: You would certainly have to have an implementation step in terms ofthe regulatory
framework, and that regulatory framework could certainly be in the land development code. And I'll give
you an example where it would have to change in the GMP is in the drainage element you have certain
offsite discharge rates that are adopted within the drainage subelement. If those -- if a recommendation
were to be that those discharge rates would change then of course you would have to amend the GMP as
well.
So, yes, it could very easily be both LDC and GMP amendments.
CHAIRMAN STRAIN: Mr. Schmitt, I saw that this got you up out of your chair and up to the front
for a reason. I'm assuming you have something to say.
MR. SCHMITT: I'm just here to help Bill in case he gets bogged down. Because this is a lot of
money here. This is basically an issue of whether we get direction from the board to come back in the
budget cycle to budget for this.
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It's the exact same thing we said this morning, the original plan said fiscal year 2000 and if the
board directs and agrees with this they
will direct us to also prepare some kind of a plan to implement and
that's going to be predicated on whether or not they want to put
dollars, because it has to be resourced.
And then the discussion is going to be is with whom will it be partners. Some of the thought is that
this may be through South Florida Water Management District. Is it the Districts responsibility? The
District has already initiated a study in the North Belle Meade area.
So it -- I appreciate all of the hard work and hammering the language but it's going to come down to
one issue and one issue only, will the board direct staff to fund and allocate the resources to accomplish this
task.
CHAIRMAN STRAIN: Okay. Thank you, sir.
Mr. Midney did you have a comment? It was Mr. Schiffer. Okay.
COMMISSIONER SCHIFFER: Joe, has the board -- has there been proposals to do this since
2000? Is the board saying no or is the board just not being presented with budgets to include this?
MR. SCHMITT: The board agreed to this during the EAR process. The conservancy as well as the
Audubon Society, Nicole and Brad brought it up as a recommendation. The board concurred, directed staff
to include it as part of the EAR, went forward in the EAR in both transmittal and in adoption. And now
we're taking that guidance and putting it into the CCME.
So to answer your question, yes, the board directed us to include it but that's philosophically. Now
as the next piece, similar to the federal government you have authorization and then you have
appropriations. This is sort oflike authorization. We put it in the policy, now the next piece is it going to be
funded, are they going to direct staff to come back during the budget cycle and fund it?
Now, the board may say come back during the budget cycle and identify how much you think this is going
to cost or the manager will direct me to include it as part of the budget cycle.
COMMISSIONER SCHIFFER: The next EAR, will that be 2013?
MR. SCHMITT: Seven years -- David, what, seven years from --
COMMISSIONER SCHIFFER: So 2013 from now, the board will be--
MR. SCHMITT: 2013.
COMMISSIONER SCHIFFER: Okay. And for that board to be reviewing this thing, when would
something like this have to be done. In other words, essentially if we push it to the next EAR it would be
have to be done by 2012 anyway. Is that where the 2012 is coming from?
MR. SCHMITT: That's I'm not sure. Arbitrary. I don't know why 2012.
I think really what's going to happen is if we get directed and we'll identify resources, we'll come
back with some kind of a plan on how this will be done and to on -- and to what scope.
My former career I was involved in one ofthese, it was -- it went on for years in the Savannah
River. But that got into water resource, water resource allocation. It was -- it was many years of work.
Many, many years.
This is probably not going to be that, in that detail but it will be an ecosystem evaluation and it will
be water use, water quality.
Much of what we're doing today in regards to the modeling for the flood insurance rate maps, that kind of
data is going to be available. We've already spent probably close to a 150 to $200,000 just simply doing
that modeling. So much of that work is going to be available.
COMMISSIONER SCHIFFER: Right.
MR. SCHMITT: It's just carrying it to the next step.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Thank you. Bill, one last question on your language. Number one, my
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understanding of that would also not only apply to areas like the stewardship lands, but if Big Cypress has
in fact done some watershed management planning for Collier County, number one would then prevent us
from having to reduplicate their effort and number two would require us to evaluate it and use it. Is that a
correct assessment?
MR. LORENZ: Number one would allow us to evaluate whether it's sufficient, their planning work
is sufficient to meet the objectives of our watershed management plan.
And number two would require us to utilize that data and information as either a part or a portion of
the watershed management planning or if -- we don't have to use it, obviously.
I mean, if we don't have to do the planning then of course it's a moot
point at that point.
CHAIRMAN STRAIN: Who sets and who writes the parameters for the watershed management
plan or have they been written already?
MR. LORENZ: I think the general outline is listed in Policy 2.1.1 that you have in front of you.
Obviously, when we start creating a scope of services we have to flush that out even more.
But staff would -- typically staff would simply do that. There is no requirement at the moment to
have anybody involved other than
staff in terms of developing that scope.
CHAIRMAN STRAIN: Okay. My concern is that we're not duplicating something that's already
done by another agency. And this language is getting close to hopefully recognizing that so -- any other
comments from the panel?
COMMISSIONER SCHIFFER: Just a small thing. Why did you cross out January 1 st? Are you
trying to get an extra couple of days or -- what if you said prior to 2008 so you can get it done? Anyway,
small point.
CHAIRMAN STRAIN: Could be.
COMMISSIONER MURRAY: Every date counts.
CHAIRMAN STRAIN: So is it the contention of this panel that we're going to accept the language
now rendered by staff in regards to the changes that are in blue on this?
COMMISSIONER MIDNEY: Except for the 2010 or 2012.
CHAIRMAN STRAIN: I was getting there.
So the first part of the blue language is acceptable, right?
COMMISSIONER MURRAY: Yes.
COMMISSIONER MIDNEY: Yes.
CHAIRMAN STRAIN: Okay. Clear guidance. Thank you.
Now the date.
COMMISSIONER MURRAY: 2010.
CHAIRMAN STRAIN: Is everybody in 2010 mindset?
COMMISSIONER SCHIFFER: But here is one thing. 2012 would put it completed, and maybe we
have to check the date, but completed prior to the next EAR. So we know it's going to be done before that.
COMMISSIONER CARON: So will 2010.
COMMISSIONER SCHIFFER: 2010 will get it--
COMMISSIONER CARON: Prior to as well.
COMMISSIONER MURRAY: Give them a little slack.
COMMISSIONER SCHIFFER: Bill, the guidance, is it something that could be done -- so the time
frame doesn't affect the quality of the product, the outcome of the product, it's only going to affect the
budgeting and the mobilization of more consultants?
MR. LORENZ: I think when you are talking about the time frame you're talking about 2012 to
2010.
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March 6, 2006
COMMISSIONER SCHIFFER: Two years versus four years to build it.
MR. LORENZ: Right. I would agree with that. We would just run multiple consultants to do that. If
you brought it any closer in then we may have a little bit of problems because then we have to talk about
that scope of services and other work to make sure we get the contracts out properly but -- but between 12
and ten I wouldn't say that that's a problem.
COMMISSIONER SCHIFFER: And the deadlines kind of slipped. The last one really did.
CHAIRMAN STRAIN: So the consensus is 2010,
Mr. Tuff.
COMMISSIONER TUFF: No, he also -- I forgot who it was that was stating that you have the --
you need the ability to have time to -- we won't have -- is that enough time to have a history? If this is done
by 2012 will they have enough data, historical value or data to make an effective one by 201O?
COMMISSIONER SCHIFFER: The pollution, yes.
MR. LORENZ: Whatever data we have we would use as part of the plan and the plan would then
assess as to how good that data is, and the recommendations then would -- you'd either be very confident in
your recommendations, or maybe you wouldn't be, but you'd still have recommendations based upon the
integrity of the data.
CHAIRMAN STRAIN: Okay. Back to the question. All of those in favor of2010 please raise your
hand.
(Show of hands.)
CHAIRMAN STRAIN: All those opposed to 2010.
COMMISSIONER SCHIFFER: In favor of2012?
CHAIRMAN STRAIN: Okay, in favor of2012.
(Show of hands.)
CHAIRMAN STRAIN: Three to six. Six in favor of201O, three in favor of2012.
Let's just use it as 20 I 0 at this point.
Ifthere is a concern about the budgeting of this matter we would probably as a panel not mind
reviewing the budget.
MR. COHEN: You are going to have that opportunity with the next AUlR.
CHAIRMAN STRAIN: Well, I'm just saying on beyond the AUIR. Obviously, ifthere is some help
needed there we'd be glad to offer it.
Let's move on to Page 8 where we left off. Before we go to Page 8, Randy, has anybody from the
public who commented that -- what needs to comment now that can't be here for the rest of the afternoon?
MR. COHEN: Rich Yovanovich. In addition.
CHAIRMAN STRAIN: And it looks like George Varnadoe.
Richard, I'm going to let you have some time to get your issues on
the table. We're not going to discuss the various objectives and policies until we get to them but at least
we'll have the input that you need to provide.
MR. YOV ANOVICH: I'll do that. And I will leave -- I have something I'm going to put on the
visualizer, talk briefly about and I'll leave it with you alL So when you get to that point if you need to refer
that would be great.
Again, for the afternoon -- good afternoon. For the record, Rich Y ovanovich. I wanted to talk
generally first and get into some specifics. I want to thank Bill for meeting with me and Margaret Emblidge
ahead of time, so we addressed a lot of our concerns already. And I just wanted to say we support the
decision to take listed plants out right now and adopt a policy to see how we'll deal with them later.
We also agree that a lot of the information was just too specific. And that's mainly Policy 6.1.1
where Bill handed out, I believe to you all, summary policies versus the very detailed policies that were
originally included in the document. We have some revisions we would like to see made to I think what
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March 6, 2006
Bill sent to you. We sent them to Bill fIrst and we didn't have an opportunity to send them out to everybody
else due to the short time.
We still think there is probably a lot of duplication of efforts in the growth management plan. I'm
glad to see that the planning commission has shown concern about making sure that the county is not doing
the same things that various state and federal agencies are doing.
And I would like to remind the planning commission about Policy 13.1.3 in your documents. And
essentially what that policy says is you are not supposed to duplicate the efforts of state and federal
agencies. It also says that you're supposed to understand the fIscal implications ofthe various programs that
are being adopted to implement the comprehensive plan.
Well, I would caution the planning commission that we should probably understand the fIscal
analysis of the requirements being included in the comprehensive plan. And we've talked about some of
that today. For instance, the watershed management plans, they have told you it's -- they are talking about
500 to $750,000 an area, and that's quite a lot of money.
There is also the discussion about doing, you know, monitoring of water management systems to
see if they are actually working and verifying that the Water Management District's criteria are in fact
satisfactory criteria.
All of that costs money and none of which has really been explained to the planning commission or
to -- or will be explained to the Board of County Commissioners just exactly what these programs will cost
and what they will do regarding economic development, CRA programs, what will it actually cost the
developer to implement these programs.
None of that analysis is actually being done at this time. Yet requirements to do studies and initiate
programs are in fact being required through the comprehensive plan. And we think that we should have a
better handle on what it's going to cost before we start establishing programs in the comprehensive plan.
I would like to focus a little bit of time on the revisions to Policy 6.1.1. And I always put this on
wrong. Bill's -- we provided our comments to Bill Friday and he, I think, incorporated the ones he agreed
with. I didn't do that. And we think in general that, you know, the additional policies make good sense.
Essentially Policy 6.1.1, subparagraph 10 talks about appropriate circumstances when offsite
mitigation would be allowed. We think it's a little limiting. Right now it basically says if you are going to
do offsite mitigation you have to pay money to the Conservation Collier program.
We think that there should be an opportunity for providing mitigation lands, a donation to the
Conservation Collier program or another program that may serve the same purposes of the Conservation
Collier program. So we tried to expand the opportunities for mitigation there.
And also basically they have already determined -- they are determining in the comprehensive plan
right now that the only time you would be able to do offsite mitigation is for affordable housing. I'm not
sure that we want to make that limitation yet in the comprehensive plan. We should do that through the
LDC and determine when there may be other circumstances where you would like to allow for off site
mitigation.
I don't believe we need to decide today that affordable housing will be the only time we do that.
That clearly should be one of the times we would do that but there may be other projects based on
economic development that we might want to allow offsite mitigation.
The way we restructured Paragraph 6.1.1, subparagraph ten, we combined the concepts in
paragraph 11 for staff. So we thought that
was redundant. The next issue was --
CHAIRMAN STRAIN: Richard, by the way, we need to -- I was going to limit each speaker to
about fIve minutes, so --
MR. YOV ANOVICH: I've trying to rush to get it through.
CHAIRMAN STRAIN: Ijust wanted to remind you. Thank you.
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MR. YOV ANOVICH: Okay. It's kind of difficult to address every policy in five minutes but I'm
just trying to hit the highlights.
CHAIRMAN STRAIN: We're having the same problem.
MR. YOV ANOVICH: The final one that really is a major issue is the -- what we call an exception
process versus a variance process And that's basically our new subparagraph 12, staffs Number 13.
A variance is a very limiting term as to when it would be appropriate to possibly allow some
exceptions to the native vegetation requirements within the comprehensive plan. We believe there an
exception program that can be fleshed out in the land development code would make more sense. We don't
want to be -- we don't think you should limit yourselves to only hardship, I think there may be additional
criteria where you would allow -- where it makes perfect sense to have an exception from the
comprehensive plan requirements.
And I think we're just -- staff wants to use the word variance, we think exception is a more
appropriate term. And we think that the criteria that we've established or set out better reflect a program
that should be fleshed out through the land development code process.
I'll leave these here for you and if you to make -- if we need to make copies I can or have copies sent over
since they are -- we're showing
our changes obviously in red versus what I believe Bill has sent to
you to look at.
But in essence we agree with the need to have these policies in the comprehensive plan. They were
too detailed. We still think in some places they are still a little bit too detailed. Obviously, the details need
to come through the land development code.
We like a lot of what has been said so far by the planning commission regarding duplication of
efforts.
Just overall I would say there's less flexibility in the urban area to deal with native vegetation and
species issues than exists in other areas of the comprehensive plan. The urban area, there is not a whole lot
of it left. There is not a whole lot of ideal wetlands and other areas. And we think that there needs to be
more flexibility to address unique circumstances in the urban area just like there is flexibility in other areas
in the comprehensive plan. .
And with that I hopefully can answer any general questions you may have. And ifby some
unfortunate turn of events for you, all you are still talking about this Wednesday morning I'll be here to
answer any comments you may have.
CHAIRMAN STRAIN: I would ask that when we get to these policies in today's, Wednesday's,
Thursday's or whatever day's discussion that staff save that paper and put those back on the screen so we
can evaluate those at that time. Does that work for you guys? Thank you.
Any questions at this time from the panel? None? Thank you.
MR. YOV ANOVICH: Thank you for letting me speak early.
MR. COHEN: Next up is George Varnadoe.
MR. VARNADOE: For the record, George Varnadoe. And thank you for letting me out of turn so I
can keep my doctor's appointment so that I can be able to talk by Wednesday or Thursday.
Three comments or three areas I want to address. Number one, I want to reiterate what Rich said. I
didn't have a chance to look at his language but I think trying to take the exceptions to being able to do
your, your native vegetation requirement onsite in one location should remain as it is now an exception and
not have it into some variance procedure which by in the legal nature has certain specific criteria. Because I
think that we are unable to sit here today and decide what all of those exceptions may be or the criteria
they're for.
Number two, just as a cautionary note. I notice the staff has said in their proposed revised Policy
7.1.6 dealing with plant species that the county shall evaluate the need for the protection of listed plants
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March 6, 2006
within one year, yada, yada.
The state law, Chapter 581.185 and 186 deals with state protected plant species. It has a
commission it sets up, they evaluate and make determinations. Those are made only for the purpose of
what plants that you need to have not only the permission of the owner but a permit in order to harvest.
In five-point -- the statute says the regulated plant index must be used solely for the purposes
specified in 581.185, which is getting a permit for, and may not be used for regulatory purposes by any
other agency. Makes it very clear that you cannot simply by reference to that list say we're going to protect
these plants and require A, B, C, D. It does go on to say that you can come up with your own list of plant
species that are protected and how are you going to protect them.
So, unlike the animal species, you cannot simply say by reference we are going to have protection
for these plants. So as we go forward we just need to recognize that and be able to come up with our own
list and be able to determine why we're protecting them and how we're going to protect them.
Last, what I want to talk about is Policy 5.14, and that has to do with mineral extractions and water
quality. rm sure I'm preaching to the choir but we have a real lack of particularly good quality sand for road
building and other construction activities in this county.
I recently been retained to work on a project in North Collier County where we have found very,
very high quality sand up to depths of 100 feet. That is going to require a deep pit. There are going to be
perhaps some dissolved oxygen problems with that pit. And I want to bring your attention to a Florida
statute that deals with that and see if we are not being a little too inflexible in our growth management plan.
And I'm going to -- if you'll bear with me I'll just read this one short clip out of -- it's Florida Statute
373.414.6A. The legislature recognizes that some mining activities that may occur in waters of the state
must leave a deep pit as part of the reclamation. Such deep pits may not meet the established water quality
standard for dissolved oxygen below the surficial layers.
Where such mining activities otherwise meet the permitting criteria contained in this section such
activities may be eligible for a variance from the established water quality for dissolved oxygen within the
lower layers of the reclaiming pit.
So it's very, very narrow exception and you have to get a variance from the state DEP. You have to
meet all of the other water quality standards. And what it says is that for some of those lower levels you
may not be meeting the dissolved oxygen contents.
5.1.4 says that the county is going to routinely monitor for compliance with permit requirements including
but not limited to compliance with state water quality standards. Mining activities shall stop if state water
quality standards are violated as a result of the mining operation -- mineral extraction operation, excuse me
-- activities.
Mineral extraction activities shall resume only upon appropriate resolution of the state water quality
violation.
What I would suggest to you is something at the end of the first sentence where it says compliance
with state water quality standards, I would say, comma, unless a variance is contained within the permit.
And then everywhere else in there I would say -- 1 would say instead of using the state water quality
standards I would say the permit. Because the permit is going to say you do have to meet all the state water
quality standards except for the dissolved oxygen and that's only going to be well below the surficial layers
in the deeper part of the pit.
And I would like your consideration of that as you go forward and evaluate that.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: I remember there was a pit that came before us not too long ago that
was about 200 feet deep. What have we been doing in the past with that state requirement?
MR. VARNADOE: They have to get -- Mr. Midney, they have to get a permit and they have to go
through a program of evaluation through a model. And typically in those pits at certain times of the year
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only you may lack the dissolved oxygen.
So I don't know what pit you are talking about, I'm just going from what we have been advised by
not only our consultants but also the DEP, excuse me.
COMMISSIONER MIDNEY: I remember that we did one on State Road 82 north of Immokalee
that was supposedly some very, very high quality material also and that we permitted it to go that deep.
And I'm just confused as to how we permitted it before and now we need to change --
CHAIRMAN STRAIN: The language that we had in here before would only have subjected it to
state water quality standards. And it says mining activities shall stop if state water quality standards are
violated as a result ofthe mining operation.
And under the statute that Mr. Varnadoe quoted us, it doesn't sound like they would be then in
violation of the lower levels of dissolved oxygen because there was an exception in the state statutes for it.
So that may be why.
And apparently the language that's being referenced by this new policy changes that measurement
in some other way it's measured or the way it's determined.
MR. VARNADOE: I think if nothing else it creates an ambiguity as to what we're looking at in
terms of what the county would be looking at in terms of the standards to apply. And all I'm suggesting to
you ifthe state permitting agency allows a variance from that one standard then that's what we should be
looking at as a county to make sure that all ofthe standards ofthe permit are being met with the exception
of the one which a variance has been granted.
CHAIRMAN STRAIN: Thank you. Mr. Schiffer.
COMMISSIONER SCHIFFER: In the beginning you wanted us to set up -- remove the word
variance use the word exception. Here variance is fine. What is the difference between exception and
variance in the legal terms.
MR. V ARNADOE: Different policy. Variances are typically granted only in rare exceptions where
you meet a certain standard. In land use typically though -- and this has nothing to do with this policy here
-- but in land use typically it has to be a matter not created by the applicant.
When you are talking about a petition -- and we went through it on Mercado, you all remember
Mercado, where we could not create the Main Street concept and keep the native vegetation in one area so
we actually it in two different areas.
That was a situation we created ourselves. So typically under land use law if it's a variance we
wouldn't have qualified because we created the necessity for the variance.
Where an exception, I think you have a lot more flexibility in the criteria as to allow exceptions if
you would.
COMMISSIONER SCHIFFER: So the variance is a different word in the statute than it is in the
land development --
MR. VARNADOE: Here it is a variance. In here -- now it's two different things we're playing with,
if you would. Here a variance is what you use in the statute, and I would not try to change that, obviously.
CHAIRMAN STRAIN: Thank you. I've made notes so that when we get to those sections of the
policies we can further address your concerns.
MR. V ARNADOE: Thank you for your attention.
CHAIRMAN STRAIN: Are there any other -- ah, Mr. Mulhere.
MR. MULHERE: Thank you. Good afternoon. Bob Mulhere with RW A. I appreciate the
opportunity. I'm actually going to stick around for awhile but I'm not sure how far you'll get and I do have
to leave around 3 :00 so I'm going to take advantage of your offer to come up and make a few comments.
In general I wanted to just make an observation that both the EAC and I think the CCPC, assuming
you are moving along in the direction it appears that you are, are taking the right course of action in terms
of developing more policy -- and I think the staff as well should be included in that -- of developing really
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more policy-related language and leaving much of the specific detail to the land development code. I think
that made sense and it generally has been the process that, that compo plan policies were intended or the
style within which compo plan policies were intended to be written.
Specifically, I had the opportunity to take a look at the language that Rich Y ovanovich provided
you, that has his language in red. And in general I would concur with most of the recommendation if not all
of the recommendation that he has made. They were similar to the comments that I noted also on my little
sheet here.
And also I think the planning commission addressed a number of things early on prior to Policy 6 __
to Objective 6 that I tend to agree with. And they were really mostly just language changes I think.
I did have one issue I wanted to raise, and if I can just find that sheet here. Just give me one second.
Here it is right here. There are no changes proposed for Policy 6.15. but as I read through it I think I have to
raise an issue that perhaps you might have the opportunity to clarify. I don't know if you have Policy 6.15 __
6.15 in front of YOU.
CHAIRMAN STRAIN: It's not in this binder. It is in the other binders --
MR. MULHERE: It's not supposed to be changed but I can just explain that to you. That's the
policy that deals with properties that have been granted approval to clear for agricultural purposes. And
there is a restriction on rezoning those properties. It's not that you can't rezone them it's just that if you do
rezone them within a certain period of time then you have to recreate the native vegetation as it would have
been required at the time that you were approved.
And I'm not sure of the exact date, and David, maybe you recall, but the compo plan was changed
from ten years to 25 years, which is reflected in this policy. And the LDC was also revised.
But that is the intent. And the practice has been to not apply that retroactively. That if you had an ago
clearing permit that was issued prior to the date the compo plan was changed you were not then subject to a
25-year prohibition, you were only subject to the ten-year prohibition from converting it that existed prior
to the change. Follow me?
CHAIRMAN STRAIN: Oh, yes.
MR. MULHERE: And all I think really is it would be relatively easy to make that clear in this
policy. I'm concerned that it's not made clear here. Even though there is no change we have an opportunity,
I think, to do that. Things change, people change, times change. That was the intent, that's the way it was
discussed when it was adopted and that's the way it's been in practice.
CHAIRMAN STRAIN: Interesting argument. You know what, you just explained why some
clearing occurred a few years back that I couldn't understand why because they hadn't done anything with
the property, either ago farmed it or developed it but --
MR. MULHERE: Well, the county --
CHAIRMAN STRAIN: They were trying to come in ahead of this policy.
MR. MULHERE: Probably. The county takes the position that you as the property owner have to
demonstrate that you've legally cleared your property through an ago clearing permit. And prior to this
change that was a ten-year prohibition. It went to 25 in part to -- in part to discourage folks in the rural
fringe from converting their lands that were sending lands to ago operations, because under state statutes
you can't stop someone from farming their land. So this was intended to discourage folks.
Now it wasn't intended to punish further those folks that had legally cleared their land prior to the
change. And by the way -- and if someone disagrees with me from the staff, as far as I know in practice
they are not applying or attempting to apply the 25-year prohibition to somebody that had legally cleared
their property prior to that change.
All I'm saying is a couple of, maybe one sentence in here could clear
that up.
CHAIRMAN STRAIN: Maybe when we get to that policy we just need to find out what staff
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believes the intention was and make sure the intention is clear regardless to what outcome there is to that.
MR. MULHERE: I appreciate that. That's really all of my comments. Thank you.
CHAIRMAN STRAIN: Good. Thank you, sir.
Okay. Was there anybody else at this point Randy? Bob.
MR. KRASOWSKI: I'm a bit -- Bob Krasowski, for the record. I'm interested in when you might be
dealing with the solid waste subelement because I don't think you are doing it today.
CHAIRMAN STRAIN: It won't be today, I can assure you of that.
MR. KRASOWSKI: Okay. And I'll try to monitor. Who would I -- call Bill or something, to ask
him when --
CHAIRMAN STRAIN: Randy or David. But it won't be today because we're going to be -- we have
the FLU after the CCME and most likely the housing element after that.
MR. KRASOWSKI: Okay. Well, sorry for taking up your time. But I'll come back. You are going
to be here Wednesday and Thursday as well.
CHAIRMAN STRAIN: Wednesday and Thursday morning.
MR. KRASOWSKI: And I have been watching on TV and it might go forever, right? Five days, I
heard, or something?
CHAIRMAN STRAIN: I don't like the word forever but it might go on.
MR. KRASOWSKI: Five days. But okay. Thank you very much.
CHAIRMAN STRAIN: Thank you, sir.
Anyone else, Randy?
MR. COHEN: No one else has indicated a desire to speak.
CHAIRMAN STRAIN: Okay. Then let's move on with the standard course of events. Around Page
8 is where we left off, Objective 2.4.
And Bill, I just have one question about that. First sentence says Collier County shall continue
taking a coordinated and cooperative approach. But the one that was crossed out that says by June 30th,
1998 complete a draft agreement with the DEP. Did we complete the draft agreement that's referenced in
the policy that's being struck out? Because if we didn't then how can we -- what's our -- what are we
continuing?
MR. LORENZ: I can't recall the -- I know that we were working -- we were working with the DEP
with a draft agreement at some point. Whether -- and then I've lost track of that. But I believe the staff right
now cooperates with DEP, Rookery Bay specifically in terms of development projects, and let's them know
that those projects are there and affords the ability for them to discuss items with us. And I think that was
the spirit of the change of the policy, from what I understand.
CHAIRMAN STRAIN: Okay. Well, I was just curious if we
had dropped another deadline. Any other questions on Page 8 before
we move to Page 9?
Onto Page 9. Any questions from the panel? I have one, Bill.
Middle of the page your changes, second to last sentence of that paragraph starts therefore Collier County
will continue to take all necessary actions to maintain the highest attainable level of groundwater quality
within its aquifer system. I'm concerned about the reference to highest attainable. I mean, distilled water
might be a choice of someone's highest attainable. Do we have any knowledge of what that means?
MR. LORENZ: Let me -- Ray Smith, Pollution Control Director, is responsible for the policies
within the objective or the Goal 3 policies. I'll let Ray speak to that.
MR. SMITH: We can change that to state standards --
CHAIRMAN STRAIN: Well that would simplify--
MR. SMITH: -- instead of highest attainable, maintain state standards.
CHAIRMAN STRAIN: Okay. Mr. Midney.
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March 6, 2006
MR. SMITH: And in can just bring you up to the four lines down where it reads federal and state
water quality conditions, if I can change that to standards.
CHAIRMAN STRAIN: Yes. Good call.
MR. SMITH: And I'm available for any questions.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: Could you explain what natural conditions there are that impair our
water quality.
MR. SMITH: For example, iron in groundwater. It exceeds the state standard associated with water
quality and groundwater. What we're trying to do is make the state standards meet what exists here in
Collier County.
I don't want to say we're going to comply with all standards. In the event there's geological __
COMMISSIONER MIDNEY: Yes, that makes sense. Just as long as we comply with the
man-made standards.
MR. SMITH: You betcha.
COMMISSIONER MIDNEY: Okay. Thanks.
CHAIRMAN STRAIN: And one last question in that same paragraph, the last sentence says
further, the county will apply federal and state water quality standards as a means towards achieving this
objective.
What type ofproject will you be applying those to? Is there a limitation or is it federal and state
water quality standards to every project in the county?
MR. SMITH: Any standards that may apply. We don't want to be less stringent than any federal,
state standards. And the intent of that was to make sure that was brought forth. Now, ifit doesn't read
clearly we can make a language change.
CHAIRMAN STRAIN: I was curious as to how it would apply, for example, Golden Gate Estates
five-acre tracts. Are there any standards that are applicable there in regards to your reviews that this would
MR. SMITH: No, sir, not to my knowledge.
CHAIRMAN STRAIN: This wouldn't trigger anything new for that area?
MR. SMITH: Not to my knowledge, sir. We don't review those, so -- no.
CHAIRMAN STRAIN: Okay. That's all of the questions I have. And I think the panel is accepting
staffs recommendations for the changes to the language that we just discussed. Is that -- not -- just heads
up.
Page 10. Are there any issues on Page 10?
The Policy 3.3.2. talks about well monitoring, cones of depression or computer modeling for cones
of depression on wells.
Is this going to be applicable to, example, like all the new well sites
that utilities is requesting from PUDs as they come through the process?
MR. SMITH: This is going to be specific to these well fields that are consistent with the land
development code 3.06.
CHAIRMAN STRAIN: So there are just those WI, two, whatever the well field listings are __
MR. SMITH: Right. And those located within the Tamiami aquifer system, not down into the
Hawthorn system.
CHAIRMAN STRAIN: Okay. Any other questions on Page 1O?
Mr. Schiffer.
COMMISSIONER SCHIFFER: How would those be accessible, those models?
MR. SMITH: The models are available within the land development codes, the reference there.
And they are updated. And we like to think that they are up to date but there are a couple wells ahead us
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and we're working on it right now.
CHAIRMAN STRAIN: We'll move on to Page 11. Any questions on Page II?
Towards the bottom, Objective 4.2, second line, says the wastewater authority will continue to
promote conservation of its county's potable water supply, and by April '98 develop -- the struck language
says by April 1998 they are supposed to have a comprehensive conservation strategy.
Was that accomplished, do you know? Not your department, right?
MR. SMITH: Well, they do have a water quality -- or water conservation program, and I'm
assuming that that's what they are referencing. Water, no watering on Fridays and then every even or odd
addresses.
CHAIRMAN STRAIN: Okay. Policy 4.2.2.
MR. COHEN: Mr. Chairman, we do have a speaker with pertaining to Objective 3 and some of the
policies therein if you want to hear that now.
CHAIRMAN STRAIN: Objective 3?
MR. COHEN: In particular Policy 3.1 and 3.3.2.
CHAIRMAN STRAIN: Let's finish 4.2.2. while we are on this train of thought and then we'll go
bounce back to that.
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: This is just a cleanup, a housekeeping matter. Policy 4.2.2 is similar but
not exact as the policy in the sewer element on Page 8.
If you look at Policy 1 or Policy -- well, it used to be 1.4.1 now it's just Policy 1, on Page 8 of the
sewer subelement, I believe those two are supposed to be the same. There's been different changes although
they read almost identical.
From a cleanup viewpoint you may want those to coincide, wouldn't you.
MR. SMITH: I can make that note and forward that to the appropriate department.
CHAIRMAN STRAIN: They are saying -- they are trying to get to the same goal in two different
policies but for some reason the language is just slightly different.
MR. SMITH: Right. And just so my notes are correct, what was the policy reference?
CHAIRMAN STRAIN: Well, the policy referenced in the sewer was on Page 8 of my document. It
was Policy 1.4, now it appears to be Policy 1. There's been some cross outs, and because the number four is
hard to see how you cross out, I can't tell if it was crossed out or not.
MR. SMITH: I'll make that note.
COMMISSIONER SCHIFFER: Question.
CHAIRMAN STRAIN: Yes, sir, Brad.
COMMISSIONER SCHIFFER: 5.1.2, you are removing it. Why you are removing the whole
thing?
CHAIRMAN STRAIN: Whoa, whoa, whoa. You're a page ahead of us, Brad. Let's back up -- and
we're still on Page 11. And let's go back to that speaker you have on Item, what is it?
MR. COHEN: Policies 3.1 and 3.3.2, Bruce Anderson.
CHAIRMAN STRAIN: Okay.
MR. ANDERSON: Good aftemoon, Mr. Chairman. My name is Bruce Anderson, with Roetzel and
Andress Law Firm. And I wanted to talk about Objective 3.1. And after that Policy 3.3.2.
The language in Objective 3.1 seems to me to be somewhat contradictory. It says that there are
water quality conditions that may not be achievable. Yet this same policy objective calls for us to apply
those unachievable standards.
And it seems to me like we're asking for trouble by putting that in the comprehensive plan.
MR. SMITH: Can I speak to that?
CHAIRMAN STRAIN: Of course.
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March 6, 2006
MR. SMITH: Okay. Bruce, anything regarding to ensure that the appropriate state standards and
federal standards are, we have the ability to achieve those as long as we don't have natural impact, affecting
those or meeting those standards is fine with me. I don't want any contradiction within the policies,
obviously.
So if we can focus on those state and federal standards that already exist that are attainable or
achievable, I'm fine with that.
MR. ANDERSON: Okay. All right.
CHAIRMAN STRAIN: Does that mean, though, you have got to amend this language, though, to
get to that point, because you've already recommended two changes to this. And Bruce, were you aware of
the recommended changes to this paragraph already?
MR. ANDERSON: Just as I was listening.
MR. SMITH: I can work with Bruce and we can come up with
some language.
CHAIRMAN STRAIN: Okay. The only problem is this board is going to have to recognize it
because we have to either approve it -- it doesn't go forward without our approval, so we're going to have to
weigh in on it after you get -- maybe you could come back in either later today or tomorrow once you have
the language worked out.
MR. SMITH: I'll be available in just a few minutes. It shouldn't take us that long to work on this.
CHAIRMAN STRAIN: Okay. If you guys can work it out that would be helpful.
Bruce you have another one?
MR. ANDERSON: Yes, sir, Policy 3.3.2, where we're going to be mapping the wells, the cones of
depression.
Now, Mr. Smith had indicated that it was only certain kind of well and it wasn't going to be those
that the public works department has been regularly extracting from applicants on zoning petitions. And I
think you know what I'm talking about, Mr. Chairman.
CHAIRMAN STRAIN: Yes, I brought it up a few minutes ago.
MR. ANDERSON: Yes. But it doesn't so limit it here. The wells that public works has been hitting
up applicants for, many ofthem they tell them up front we don't know what we are going to use them for
yet, so they could be potable water wells and besides that point I think that this is just too specific to be
putting these kinds of maps in the comprehensive plan. What's wrong with the land development code?
CHAIRMAN STRAIN: I'll tell you what, you're the staff that has to defend this.
MR. SMITH: All right.
CHAIRMAN STRAIN: What's your comment.
MR. SMITH: Land development code definitely identifies land use regarding the zone one, two,
three and four, okay.
This is an important aspect of protecting the well fields of Collier County, the drinking water we all
live off of, except for only one main potable water source.
Based on that it is in my opinion very important that it be -- that it exist in the CCME because of its
importance to protect our safety, health and welfare and the public's safety, health and welfare of that
drinking water supply.
Within the land development code it does exist specific to the standards and protecting the land
uses and it does even get into more specifics on specific -- specificity on the type ofland use being applied.
Again, let me just sum this up. Protection of your well field and our drinking water supply is vital
as the county grows. I believe this statement needs to be in the comprehensive -- or the CCME.
CHAIRMAN STRAIN: One suggestion. Would you consider -- you have in the second line, it talks
about around the county's existing or planned potable water well fields. Is there a reason the words or
planned couldn't be struck and still provide the protection that you are asking for?
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Because that would take out the concern that I have at least, and I don't know, maybe Mr. Anderson
has the same one about all these new takings that the utility department is doing every time a project comes
through for new well fields --
MR. SMITH: When new wells are put in they go through the land development code amendment
process then a new model is presented.
By dropping or existing we're going to be addressing that on an annual basis anyway so we can drop
it out of this.
CHAIRMAN STRAIN: Okay. I think that would help.
MR. ANDERSON: That and also drop the -- on the second line the and/or potential. That goes
hand in hand with your change, I would think, Mr. Chairman.
CHAIRMAN STRAIN: Well, yes. If you drop the planned you don't have any other -- you have the
actual not the and/or potential. That's a good point.
MR. SMITH: Okay, actual.
CHAIRMAN STRAIN: So what this would do then is protect the actual cones of depression around
the county's existing potable water well fields.
MR. SMITH: Yes, sir.
CHAIRMAN STRAIN: Okay. Does this language have a problem with anybody on the panel?
(No response.)
CHAIRMAN STRAIN: Thank you.
MR. ANDERSON: Thank you.
CHAIRMAN STRAIN: Appreciate you pointing those out.
MR. COHEN: Mr. Chairman, just a point of emphasis. Under Rule 9.J.5, Florida Administrative
Code, we are required to include in the future land use map all existing and planned public potable water
wells and wellhead protection areas. And we do have that map in the existing comprehensive plan. And if
we were to add public wellfields we would have to modify it accordingly.
MR. SMITH: It's a state mandate.
CHAIRMAN STRAIN: Right. What are you trying to say, this new language doesn't work? What
does that mean?
MR. COHEN: What I'm getting at is that the language that is there right now, which calls for
mapping the cones of depression and zones of protection within the countywide future land use map is a
requirement of Rule 9.1.5.
CHAIRMAN STRAIN: Okay. Then if the utility department requires new sites on all the various
PUDs and rezones coming through and they don't know what they are going to use them for, which could
mean they are going to use them for potable water well fields, then how does that fit in with this plan?
Because right -- on those new locations they are building developments that are not addressing any
cone of depression because none exists because they are not planned at that point, they are just takings at
that point.
MR. COHEN: The way I read 9.1.5 is if they were added as a public potable well field we would
have to add it to the future land use map.
CHAIRMAN STRAIN: I agree with you there, but how does that emphasis of that being a well
field with these cones of depression work in regards to the development that's going on above them? What
further restrictions would it mean for the lands above?
MR. SMITH: Let me answer it this way. When we're looking at land use restrictions based on the
protection zones that the model identifies we are looking at those types ofland uses that could be pollutant
sources.
We're looking at things like businesses that produce large volumes or hold large volumes of
hazardous materials. We're looking at -- or generate large volumes of hazardous waste or landfills.
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But if you're talking residential there is nothing in the land development code that applies to
residential. So if you have a residential development, excluding the golf course maintenance facility that
may exist at a residential site or any other type of facility like that that may generate a hazardous product or
hazardous waste that may impact your groundwater supply, residential communities, and even with their
septic tank systems, don't necessarily apply to any of the restrictions identified within 3.06 of the land
development code.
CHAIRMAN STRAIN: Right. But the rezones that have come through that have had these well
sides demanded from them have not been limited to residential. They've been -- well, there's one, there's a
large one, I think Benderson, that was one of the ones that came up. That may have a potential Lowes or a
big box on it. Lowe's sells the materials that go in these golf course maintenance facilities.
So are telling us indirectly then the Lowe's couldn't be after they -- because they give up a well field, a
potential well field site on their property.
MR. SMITH: Depending on the amount of the volume of hazardous product they maintain. And
there is, yes, the potential.
CHAIRMAN STRAIN: Well, maybe the word planned in this case needs to be defined as what's in
the county's master plan for well field sites and not those arbitrarily taken from rezones.
MR. SMITH: Yes.
CHAIRMAN STRAIN: I think that would clear it up. If David or Randy or somebody could come
up with language on that. I think the issue here is where the county's master plan coincides for well field
sites, those are the cones or potential cones of depression that we're referencing not the ones that are
arbitrarily taken throughout the county that may never be used.
MR. COHEN: The concern we have is with the language in Policy 3.1.1 in conjunction with the
language that's proposed that it could cause problems.
CHAIRMAN STRAIN: Okay. Is there a suggestion for the language that could fit in here? Around
the county's existing or master planned potable water well fields, something to that effect. Do you know
where we're going?
MR. COHEN: I have an understanding where you are going but I look at the language in Rule 9.J.5
with respect to well field protection and what's also in Policy 3.1.
Let's take a look at it and see if we can come up with something that meets your needs and also be
consistent with what's in 9.1.5 as well as Policy 3.1.1. That will take a little time.
MR. SMITH: I think compliance is going to be very important in this aspect.
CHAIRMAN STRAIN: I'll make a note that sometime over the duration of this EAR amendment
we're going to go back and revisit this one, then.
Thank you, Mr. Anderson. Is that all you had?
MR. ANDERSON: Yes, sir.
CHAIRMAN STRAIN: Now we're on Page 12. Any questions from the committee on Page l2?
Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Just why are you removing policy 5.l.2?
MR. LORENZ: The whole series of -- Bill Lorenz, environmental services director. The whole
series of Objective or GoalS policies are pretty much the responsibility of the engineering department. And
looking for -- I know Barbara is here, she might be able -- from my staff. She might be able to answer some
questions. I'm not sure on this one, quite frankly.
MR. COHEN: What I can tell you from the EAR, the intent was not to remove the policy, the intent
was actually to revise it to refer to the current stormwater management section of the county's road
maintenance department. So I don't know why it was stricken through, sir.
CHAIRMAN STRAIN: Does that mean it still should be or should we -- should it be unstricken?
MR. COHEN: It should be unstricken and modified accordingly, according to the EAR.
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MR. LORENZ: Certainly there is no county water management department any more. It used to be
the --
MR. COHEN: That's the problem.
MR. LORENZ: Right.
CHAIRMAN STRAIN: So that means you are going to take Policy 5.1.2 and reinstate it?
MR. COHEN: I don't think the intent ofthe EAR was to remove it, I think it was to modify because
of basically there not being a county water management department. As a result it needs to be assigned
somewhere within the county's hierarchy with respect to which department.
MR. LORENZ: And again, it's something that I'm not responsible for. I think the county
engineering department is -- deals with mineral extraction. One of my concerns also I think Randy we need
to look at is where it says a water use plan because I'm not sure what a water use plan is, and that means
something else we need check on.
CHAIRMAN STRAIN: Are you going to get back to us on this Policy 5.1.2 as struck. Is that what
you are tasking?
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Any other questions from the panel?
Up above on Policy 5.1.1, third line, district and/or subdistricts wherein mineral extraction
operations are generally allowed. Well, is there -- are generally, how definable is that? Are they allowed by
conditional use, are they allowed under certain criteria? Could we clean that up a little bit.
MR. LORENZ: From -- Randy says take out the word generally would --
CHAIRMAN STRAIN: Okay.
MR. LORENZ: -- accomplish that.
CHAIRMAN STRAIN: I agree. The next sentence, mineral extraction activities are generally not
allowed within the Immokalee urban area as delineated within the lAMP element of this plan.
I don't know why you need that sentence in there. If you have that in there why don't you say they're
not allowed in the urban areas, they're not allowed in the coastal high hazard area and other parts of the
county as well, so I think that's unnecessary language.
MR. LORENZ: I'm deferring to comprehensive planning for the answers here.
CHAIRMAN STRAIN: I see. I'm waiting for a comment, gentlemen.
MR. LORENZ: While they are looking for that I can certainly respond to -- I think, I believe
George Varnadoe had suggested in Policy 5.1.4 some kind of wording that would recognize the state's
exemption of the dissolved oxygen standard under certain circumstances. And I think that that would be
appropriate, and to the degree that we could come up with language that would address that I think staff
would be supportive of that.
CHAIRMAN STRAIN: Second line of 5.1.4, permit requirements including but not limited --
where it says permit requirements including and maybe after that just insert something that says unless a
variance is contained within the permit, which is what he suggested.
So somewhere if you put those added words you would cover that issue if it's appropriate.
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Here is the -- and the reason I'm asking for these resolutions before we
finish with the paragraph, gentlemen,
is that according to our code oflaws this board has to recommend approval for this process to move
forward.
We can't recommend approval on something that we don't have the cleaned up language on. So it's
important that we continue with these discussions to get to a point where we agree on the language so that
you are not putting something forward we haven't approved and thus someone may question it in the future.
So at some point, Bill, at 5.1.4 you need to tell us what language you
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want to insert where so is we can weigh in on it.
MR. LORENZ: I think where it seems to make sense where it says compliance with state water
quality standards, comma, unless a variance is contained within the permit.
CHAIRMAN STRAIN: That would work. Okay.
COMMISSIONER SCHIFFER: Question on that.
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER SCHIFFER: Is there any -- before the old codes said monitoring is required now
we're saying routinely. So we've added routinely?
CHAIRMAN STRAIN: I was going to ask that too.
COMMISSIONER SCHIFFER: What does that give us?
CHAIRMAN STRAIN: That's the first sentence of5.1.4.
MR. LORENZ: I don't know. I would have to have the engineering staff address that particular
question.
CHAIRMAN STRAIN: Because routinely, as Brad was saying, and I had circled that too, Brad, it
doesn't define anything. Routinely could be once every ten years, every once a month in someone's eyes.
COMMISSIONER SCHIFFER: And we're kind of routinely seeing variances for violations of
mining operations so maybe that's what it means.
CHAIRMAN STRAIN: Does that mean that you are not going to have an answer to this one, Bill?
MR. LORENZ: I would have to defer to either engineering or compo planning unless they want me
to make the call.
The one thought could be is that we could establish the actual frequency, monitoring frequency and
parameters within the land development code regulations because that could be -- there could be some
criteria along those lines that -- again, that would be a little too specific here for this policy but certainly
appropriate for the LDRs.
CHAIRMAN STRAIN: I think the question is how you can substitute in -- you're going to
substitute some language in for the word routinely that gives some definitiveness to this sentence.
MR. WEEKS: We could do that or just delete the word routinely.
CHAIRMAN STRAIN: That's fine.
MR. SCHMITT: Yes, that would probably be best because, for the record it's about 320 open pits
right now in the county. We initiated two years ago and have our montWy out there inspecting to ensure the
pits are operated appropriately.
Mr. Schiffer, the -- you cite there were variances, those are results of the recent enforcement.
You've probably seen three of the 320 or so that -- but I would take out the word -- probably the best leave
out routinely. If you wanted to put it in there we would say at minimum annually. But we're out there at
least montWy ensuring that the work that they are permitted to do is that they are doing.
But I think it's best just to leave monitor and, as Bill said, leave it up to the LDC to define the
tirneline.
CHAIRMAN STRAIN: Okay. So in 5.14 we're going to strike the word routinely and we're going
to add the language that Bill had noted earlier to the end of the last sentence of that policy.
Staff understanding that now?
MR. COHEN: Yes.
CHAIRMAN STRAIN: Panel have any problems with that?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay. Back up on 5.1.1. I questioned that one sentence. Is that going to be
left in or is that going to be taken out?
MR. COHEN: Delete it.
CHAIRMAN STRAIN: Thank you. Right after that you have another sentence; the Collier County
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land development code shall allow mineral extraction activities in appropriate zoning districts. That's
almost -- that shall is mandatory. Aren't there conditions where they might not be allowed? Do we want to
be that strong in this document?
MR. WEEKS: Well, what this says is, shall allow in the zoning district.
CHAIRMAN STRAIN: Right.
MR. WEEKS: Which means the land development code will determine how it's allowed whether
it's by right or by conditional use. And in most cases it is by conditional use which means there's a public
hearing process, which that ultimately it mayor may not be authorized on a given property.
CHAIRMAN STRAIN: But if it's allowed -- if you were to use the word shall allow and someone
puts through conditional use do they then -- are we obligated to allow them to have a mineral extraction
facility because the GMP says shall allow.
MR. COHEN: I think it would probably be more appropriate to change the shall to a may, taking
way the obligation. And then evaluate it accordingly.
CHAIRMAN STRAIN: Okay. Then on that you guys are in Policy 5.1.1, you are going to strike the
word generally where it's up in the first sentence. You're going to strike the second sentence and you're
going to change the word shall to may in the third sentence. Is that consistent?
MR. COHEN: That is correct.
CHAIRMAN STRAIN: Okay. Everybody in agreement with that?
Good. Let's move on to Page 13. I think it's right in the top, Policy 5.1.5. Does anybody have any
questions on Page l3?
On 5.1.5 you talk about requirements of federal, state, South Florida District and other governmental
agency permits. Does that include local approvals from this county? I mean, it says Collier County shall not
issue a county permit for such activities until such time as the petitioner has received all other required
permits.
They do have to meet our requirements as well; is that correct?
MR. WEEKS: Oh, yes.
CHAIRMAN STRAIN: Is that just intuitive in this statement?
Policy 5.2.1 --
MR. WEEKS: Yes.
CHAIRMAN STRAIN: -- second sentence, Florida Resource Extraction Reclamation Act. I'm
wondering, since you did reference that, if they ever amend that act do you need to have the words
afterwards as amended.
MR. COHEN: That would be appropriate.
CHAIRMAN STRAIN: Okay. Objective 5.3, third line, quantities and location of existing mineable
mineral resources. You crossed out the word existing so it reads quantities and location of mineable
mineral resources.
Is that existing and potential? Is that why you crossed the word existing out? Because it's --
minerals are becoming a problem in Collier County namely in the form of fill. And are we looking at
assessing types, quantities and locations of the existing mineable mineral resources or both the existing and
the potential?
COMMISSIONER MIDNEY: Isn't that the same thing? Minerals can't move. They're existing now,
they'll always be there.
CHAIRMAN STRAIN: But it's the location that we allow them to be extracted from. That's what I
thought the policy was aiming at.
I agree, it's not -- with your statement, yes.
Who wrote these?
MR. WEEKS: The majority of these were written by Glenn Heath.
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CHAIRMAN STRAIN: I wondered why you guys are puzzled every time I ask a question.
MR. COHEN: Well, this modification was actually required by -- requested by our engineering
department. That's why I was looking through the EAR.
CHAIRMAN STRAIN: Well, it's just that usually you know these a lot better than you seem to be
knowing them today. I get answers back quickly and today it's like pulling teeth. And I'm just wondering
why. But you just explained why, so -- and he's no longer here, right?
MR. WEEKS: That's correct.
CHAIRMAN STRAIN: So all of these are his problem. Okay.
COMMISSIONER MIDNEY: No, they are ours.
CHAIRMAN STRAIN: Do you guys -- Objective 5.3, if you leave the word existing struck does
that cover us for locating mineral extractions where needed in the county if we find sources that are vital to
this county, because fill is becoming a huge problem in Collier County. I just want to make sure we're not
shorting ourselves on ability, that's all.
MR. WEEKS: Mr. Chairman, we're comfortable with the language as it is with existing being
struck through. We think it does read the way you are suggesting.
CHAIRMAN STRAIN: Okay. On 5.3.1 the last two lines, you now refer to earth mining
operations. For consistency would you want to change those to mineral extractions, mineral extracting
operations or something of that or is earth mining the best term in this particular context?
MR. WEEKS: I would agree with the extraction, mineral extraction.
CHAIRMAN STRAIN: Okay. Any problems with the panel? Okay. Page 14, this is the infamous
Policy 6.1.1 which the EAC spent a lot of time and literally rewrote. Are there any questions on the -- why
don't we just cover the whole policy, and it covers Pages 14, 15, 16, 17, 18 and half and 19.
And if we could take them in order, are there any questions on Page l4?
Any questions on Page l5? I've got a question, Bill, on the number three. It says that -- in
underlined added words the type of conservation mechanism, including conservation easements required
for specific development may vary based on preserve area size. What other mechanisms are there besides
conservation easements? What is it you have in mind here?
MR. LORENZ: There could simply be within an SDP, for instance, just the requirements within the
SDP saying that that preserve area shall have the following uses within it and the following requirements,
as opposed to creating a conservation easement for some very small area.
CHAIRMAN STRAIN: The couple lines above it said it should be a permanent conservation
mechanism. And I guess the word permanent ought to be inserted in that underlined section to tliat it sticks.
But a change in an SDP allocation for a preserve area isn't permanent because you simply do an SDP
amendment and all of a sudden it goes away.
So what kind of permanent conservation mechanism would there be?
MR. LORENZ: We would apply this policy to say that you couldn't amend that SDP to remove that
protection mechanism from that preserve area on the SDP.
CHAIRMAN STRAIN: In the future if the codes change and the percentage of set-aside preserves
was reduced or the endangered species left and somebody came in with an SDP and said this land is no
longer housing an endangered species and the preserve requirements of the LDC have changed and dropped
from "x" percentage to "x"percentage, we would like to amend our SDP, wouldn't they be allowed to do it?
MR. LORENZ: Under that circumstance they probably would.
CHAIRMAN STRAIN: Then it's not permanent, that's what I'm getting at. If you guys are intending
these to be permanent how do you make them permanent? What action could we put in here that makes it
permanent so that it can't be changed?
MS. BURGESON: For the record, Barbara Burgeson with environmental services. One of the
things that would have to be done in order to facilitate that change to reduce the preserve area in the SDPs,
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if this language is approved the way it is, if this EAR and GMP language is approved, you'd actually have
to come back, since this language is so specific, to identify the preservation requirements, the percentages,
the criteria in descending order of what the viable habitat is to be preserved onsite.
An SDP is not likely going to be able to be changed to reduce the preserve area if it doesn't comply
with this GMP because this language is that specific.
So I would not expect in the future that there would be any SDPs that would qualify for that without
first coming in and doing a GMP amendment to allow for that.
CHAIRMAN STRAIN: If the GMP were to change in its requirements, though, couldn't somebody
come in and modify their SDP to coincide -- an old SDP to coincide with the new changes?
MS. BURGESON: Well, I would expect at that time if we're going to a GMP amendment to allow
for that that we could create language and amend that language of permanent in here to allow for those
changes under those circumstances.
But, I mean, we would have to make a change to this anyway in the future so we could, at that time
we could look at how to make a change to that permanent status to allow for those.
CHAIRMAN STRAIN: I understand what you are saying, Barbara, I know the way the system
works. I'm not quite sure that you'll get there but it's not --
MS. BURGESON: And I agree that I see on a regular basis requests to vacate permanent
conservation easements even and they are -- they are done. They are vacated.
CHAIRMAN STRAIN: Could we at least in front of the word the type of conservation mechanic
insure the type of permanent conservation mechanism so at least the intent is clear. Is that okay with you
guys? That okay with the panel?
Number four, about the middle of it says facilitate the continued use of the site by listed species.
How do you justify -- how do you signify continued? If you drop the word continued and just said the use
of the site that mean any bird landing there for a second and flying off is a problem but then how do you
determine continued.
MS. BURGESON: The intent of putting that in there is so that species that are currently using it--
we're attempting, for instance, if you have fox squirrel on site, that preserve area has to be managed in a
specific way to encourage the continued use of fox burrow not just the periodic use.
So there is an intent to that language to put that word in there but I'm not sure whether taking it out
would --
CHAIRMAN STRAIN: I think it would make it worse. I'm not suggesting taking it out. I'm just
wondering if it's the right word as far as definition goes to understand what the intent is. I think you've
explained it. I understand it better now.
MS. BURGESON: Okay.
CHAIRMAN STRAIN: Thank you.
Any questions from the panel on Page l6?
Item D on Page 16 up on the top, the exceptions to these priorities are noted in seven below, that is
struck. Does that mean that you are not agreeing there should be exceptions to those priorities?
MS. BURGESON: No, that means that the exceptions were identified in a completely separate
goal, which is goal --
CHAIRMAN STRAIN: I'm trying to find it. I thought I read them somewhere else. I just didn't
make a note of it in that, didn't go back and make a note of it.
MS. BURGESON: It's a combination of goals, I think probably 11, 12 and 13, but it allows for
exceptions to the -- to it's -- it's not an exception to native vegetation requirement it's an exception to
retained native vegetation. So in cases where you're not able to retain the native vegetation there is an
exception or there's an exception to potentially the -- well, we can get into that a little bit later, though, but
that's not struck entirely that's just relocated.
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CHAIRMAN STRAIN: In the EAC it looks like they rewrote -- no, they didn't rewrite five.
On number six --
COMMISSIONER SCHIFFER: Mark, let me ask a five question.
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER SCHIFFER: In the land development code are these criteria set up already?
Essentially what we're saying is that we're now allowing to put stormwater into these preserved areas.
MS. BURGESON: There is no criteria right now to allow for that; however we have had input from
outside counsel that, when you have a wetland preserve on site, when it will benefit that wetland preserve
to provide stormwater -- again, pretreated, not utilizing that area as a treatment for the stormwater but when
it will be beneficial to the preserve that we are utilizing that ability right now.
But as a result of a number of different things including additional responsibilities and obligations
requested by South Florida Water Management District through their permitting process and the cost land
and maximizing the sites, we have had more and more requests to be more flexible with stormwater and
preserve areas.
Without putting this language in here we're not sure that we could make those changes to the GMPs
because Paragraph 5A only talks about passive uses not specifically stormwater.
COMMISSIONER SCHIFFER: I like it. So essentially what you are saying is there will be in the
future criteria established --
MS. BURGESON: Yes, there will.
COMMISSIONER SCHIFFER: -- to match this, then.
MS. BURGESON: Yes.
COMMISSIONER SCHIFFER: The other thing with the wetlands. Up on 6.1.1. it says that
individual lots situated on -- dwelling units or parcels that are not located within a water management.
What's going to happen with parcels that are located?
MS. BURGESON: I'm sorry, where are you looking?
COMMISSIONER SCHIFFER: I jumped back to 6.1.1. I don't know how it's segued from here but
there is a line in there that you are adding that are not located within a watershed management -- what
would happen, the parcels would then -- would this not apply to anything in there or __
MR. LORENZ: The point of the language that currently exists is that single family homes are not--
are not subject to these vegetation retention requirements.
The added language, the added language notes that in the development of a future watershed
management plan there may be a recommendation in that plan and any implementation LDRs that single
family homes could captured into some type of vegetation retention requirement but only as a result of a
development of the watershed management plan.
COMMISSIONER SCHIFFER: Okay. So what that links is lots and parcels. Okay, I've got it.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I think he's still talking.
COMMISSIONER SCHIFFER: No, I'm done.
COMMISSIONER MURRAY: Just offhand, I've been reading about the possibility or somebody
wants the possibility of having guest houses in the Estates. What would happen if that were to pass, would
that impact on it in any way? Because you would have single family homes, now you'd have another home
adjoining within that same lot.
MR. LORENZ: Well, right now, no, it would not. The Estates would be excluded from __
COMMISSIONER MURRAY: So it's completely out.
MR. LORENZ: -- it. However, if a watershed management plan begins to make some
recommendation then we have to make some changes that potentially could be the case. I don't want to __
COMMISSIONER MURRAY: So it is pertinent.
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MR. LORENZ: -- say no to that in the future. But currently, not now.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: Bill, Item 6 on that page requires a management plan. But if a management
plan already exists for a state and federal agency then are you asking for another management plan on top
of what state and feds may already have?
MR. LORENZ: I'll answer this question Barbara can add to it.
Typically, if somebody has a management plan that they develop by the state and incorporate it into our
approval documents, whether it's a set of plans and an SDP or what have you, we accept that as long as it
meets the land development code requirement. So they don't have to redo anything as long as it has the
material that we need to have from the code.
CHAIRMAN STRAIN: Could we enter language in here that indicates that state and federal
management plans consistent with our code or will be acceptable.
MR. LORENZ: Sure we can add that.
CHAIRMAN STRAIN: The way this reads it looks like you want your own separate, very own
management plan. I just want to make sure we're not duplicating costs that have been already been
addressed at state and federal levels.
MR. LORENZ: Right. We would encourage the applicants to submit what they have from the
agencies, and as long as they incorporate it into the plan sets we've accepted that. And if we wanted to add
that language here to make sure, that's fine.
CHAIRMAN STRAIN: I think that would be helpful, it would be clarification. Anybody object?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Page 17, any questions?
COMMISSIONER SCHIFFER: Let me ask -- 16 why are we killing seven?
CHAIRMAN STRAIN: That's the one where they are moving the exceptions to a policy later in this
document. That dovetails with D up above where I asked why are they removing it, are there no exceptions,
and Barbara indicated that further on in the document they placed exceptions in other bullet.
COMMISSIONER SCHIFFER: To be continued.
CHAIRMAN STRAIN: To be continued, yes.
MR. LORENZ: Kind of embodied in both Paragraph 12 and Paragraph 13.
CHAIRMAN STRAIN: As far as the exceptions that are on the books right now, will they be
retained until the LDC criteria is developed for the new exceptions that we discussed further on, because
you've crossed them all out right now. But I'm assuming you can't go for a period where nothing is
available.
MS. BURGESON: From what I understand talking with outside counsel is that they felt that we
could utilize those.
CHAIRMAN STRAIN: Those being?
MS. BURGESON: The exceptions that are in the Land Development Code which are -- actually
include additional exceptions, they go beyond this. And they were concerned that because it's not in the
GMPs that we needed to at least identify that there was an obligation or an ability to have those exceptions
identified in the GMP.
So putting language in here as we're doing now should allow us to continue to utilize the language
that's in the LDC --
CHAIRMAN STRAIN: Okay.
MS. BURGESON: -- cautiously.
CHAIRMAN STRAIN: I want to make sure there is some release value of for a while.
MR. LORENZ: And I may add as well, and this may be -- we may have a little -- a need for some
further discussion with the attorney's office but the current plan under parentheses seven talks about
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exceptions and it has the phrase cannot reasonably accommodate. We think that we possibly, even in the
next land development code cycle, we might be able to flush the land development code out a little more in
terms of detail, still be consistent with the current GMP and I think we'll also be consistent with any future
-- the future language that we proposed here in the EAR as well. So we might be able to even get a jump
start on that. But that's some more discussions with the county attorney's office on that.
CHAIRMAN STRAIN: We're on to Page 17. Any questions from the panel? On number nine--
actually number eight, preservation areas should be interconnected within the site and to adjoining offsite
preservation areas or wildlife corridors. Not all sites may accommodate that. So I'm wondering if you have
any thoughts on maybe where it's practical and to the greatest extent possible type language as I've seen in
other parts of the code.
MR. LORENZ: This is where we had noted in some language before for -- let me see -- and I'm
going to refer to, let's just say parentheses Paragraph 13, that whether we call it a variance or an exception
that we know that certain sites sometimes it's difficult to apply all of these requirements that we have and
we have to make certain judgment calls such as you noted.
And in the, either the variance or the exception language that we would be proposing is that we
would have the ability to vary from some of these, what I'll call as nominal standards, through that process
that's outlined in parentheses 13 now.
CHAIRMAN STRAIN: Okay. So that issue would be addressed when we get further on with __
MR. LORENZ: Correct.
CHAIRMAN STRAIN: That's fine. Paragraph 10 I noticed I had a lot of notes but the EAC
corrected the paragraph significantly, which I think their language and recommendations are fine there.
Although I do have two concems. They keep referencing monetary payment to the Conservation Collier
Land Acquisition Program. Wasn't that the program established by referendum for taxation, they're using
tax dollars to buy land to set aside for open space, basically?
MR. LORENZ: That's correct.
CHAIRMAN STRAIN: Now the program is going to be funded in perpetuity based on policy in the
GMP? How does that meet the intent of the taxpayers when they basically had a referendum that
established a certain value be funded to the program and no more. So is the governn1ent now picking up
where the taxpayers left off or how does that -- how does this coincide? I'm not sure why we keep
referencing that program or the need for it.
MR. LORENZ: I think the reason why we're recognizing that program is because that is a county
program and it does have a certain amount of standards that the Board of County Commissioners has
adopted through ordinances that we can control and understand the objectives of the program.
I personally don't see any conflict between the program as voted - as voted on by the electorate
through the referendum and the ability to take money in donations from other types of efforts. For -- I'll
give you an example right now in the land development code if you have a code compliance case there is a
requirement that a certain value of whatever vegetation may be destroyed that is a monetary valuing of that,
that vegetation. And then that money in the past has gone to, for instance, Rookery Bay.
Right now we have two examples where that money now goes into the Conservation Collier
because we were managing -- we're acquiring lands or managing the lands and the ordinance for
Conservation Collier allows for donations and other revenue streams to come into it.
So we thought that this was -- the existing Conservation Collier program was a natural program
already set up that mirrors the similar objectives that we have in the growth management plan both for
native vegetation retention and listed species protection. That basically essentially this is a payment in lieu
of preserving habitat and vegetative communities on site under certain circumstances.
CHAIRMAN STRAIN: You recall if when the referendum was put forth to the voters that it would
be a program that would be going on forever?
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MR. LDRENZ: Well, that has been somewhat a point of debate from some stake holders. I wouldn't
say forever. The debate was whether the program is capped at $75 million, which was -- the referendum
technically stated that the county would be authorized to spend up to $75 million in bonds for borrowing
purposes versus having the millage rate to last for ten years.
And that is a -- that is a -- that is a discussion that has been ongoing, and the stakeholders are
actually coming to the Board of County Commissioners with a new referendum language.
So I -- so at some particular point the Conservation Collier Program could be sunsetted if it doesn't have a
funding source.
CHAIRMAN STRAIN: Bill, I don't think we ought to be getting into the politics ofthis particular
program since the voters did voice their position with this when it was originally started. Why do we have
to reference that program, why don't we just reference a generic element, a publicly funded program or
something like that? Why do we have to reference this program by name.
Again, we may change and have another program pop up that may be more beneficial to utilize
these kind of funds through than this one and by the GMP we would be locked into only this one.
So is there a generic way this could be listed rather than go into this political quagmire?
MR. LORENZ: I'm familiar with the Conservation Collier program so I understand what our
objectives are, how we're processing funds that go through it, selecting lands, managing the properties. And
certainly my recommendation would be that for this particular program I would like to be able to see the
monies coming into that program because I think the county through the Board of County Commissioners
has more control of how that money would be spent and utilized that would come into it.
Whereas if we allowed the money to go to any -- a variety of programs, even if they have the same
objectives they would be going to state agencies, they would have different objectives and we would lose a
little bit of control of it.
So my recommendation is we have the county's program, whether it has a different name in the
future or not I don't know, we can possibly generalize that. But I would certainly want to have the priority
going to the Conservation Collier program.
And along those lines as well, and I know that Rich Y ovanovich has noted that in one of his
comments that if you want to have donation ofland to either Conservation Collier or some other program --
and again, we're focusing on monetary because when we talk about donation of land Conservation Collier,
through its advisory committee will make a choice as to whether they want to accept the land or not and
then it begs the question, well, how much will be the funds for the management of the land.
F or instance, if a small one-acre parcel, a two-acre -- two or ten, even five or ten-acre parcel was
being offered to Conservation Collier and it was in the middle of an area that would not have some public
access to and that we cannot manage properly, Conservation Collier may simply say, no, we do not want to
accept that donation of land.
CHAIRMAN STRAIN: Commissioner Caron then the county attorney.
COMMISSIONER CARON: I think once these lands have been acquired we have long term
management responsibilities to those lands. And having some monetary means to do that is a good thing.
So I have no problem with this language, with it going to Conservation Collier.
CHAIRMAN STRAIN: Steve?
MR. GRIFFIN: Mr. Chairman, I direct your attention to 12, which I think may help clarify a little
bit what the thought process was on that.
CHAIRMAN STRAIN: Twelve talks about listed plant species. You are talking about 12 --
parentheses 12.
MR. GRIFFIN: Yes. I'm sorry, 11 rather, which says that if the Conservation Collier program no
longer exists, then it would go to another publicly funded land acquisition program for the purchase ofland.
CHAIRMAN STRAIN: Good. Then can that same language be utilized in number ten?
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MR. GRIFFIN: Ten actually cross references 11, and there was -- I know there was some
discussion at one time of combining ten and 11. And I think in fact Mr. Y ovanovich may have said
something about that earlier.
But there is a cross reference clearly to 11, which then says if you don't have Conservation Collier
and you have something else that replaced it --
CHAIRMAN STRAIN: Okay.
MR. GRIFFIN: -- that's where it would go.
CHAIRMAN STRAIN: That works. Thank you for clarifying it.
COMMISSIONER SCHIFFER: And you're talking about the EAC-numbered comment.
CHAIRMAN STRAIN: Yes, the EAC one. Right.
The last one on number ten in the EAC, Bill, was D, the type oflanduse proposed taking the
provision of affordable housing into account. This is a conservation and -- it's an environmental element of
our GMP. What does that element care whether it's affordable housing or not? Isn't this something more
better addressed in the FLU or somewhere -- the housing element or somewhere else?
I mean, what difference does it make to this program if the land use is whatever as long as if you are
going to -- the alternative to give money is utilized, what do you care what the use is?
MR. LORENZ: I think the reaction -- the staff reaction to here, which staff proposed this, was to
indicate -- was to realize that perhaps there is a trade-off between native vegetation retention requirements.
In this case it's made up through a payment, a cash payment to Conservation Collier, that that trade-off for
that environmental condition is for trying to get more qualified affordable housing.
So essentially what it does is it creates up a little bit of an incentive program for affordable housing,
makes it easier for affordable housing to propose more units because they will have less of a cash payment
to Conservation Collier for satisfying the vegetation retention requirements.
Now if it's better placed in the housing element and cross referenced here, you know, that may be
the case. But the first question is whether as a matter of policy you would want to see a break in -- a break
given to the amount of money that would go into Conservation Collier for a greater number of affordable
housing units.
CHAIRMAN STRAIN: Okay. I understand it better, thank you. Now we're still on Page 18.
Fred, did you have a question?
COMMISSIONER SCHIFFER: Yes, while we're on it. It's an 18 question. You are going to
establish how to establish the value in the land development code?
MR. LORENZ: Correct.
COMMISSIONER SCHIFFER: Will it be similar to what you've done here or should we wait and
see.
MR. LORENZ: Well, I think definitely wait and see. That's our starting point.
COMMISSIONER SCHIFFER: Okay. We have enough to do today, move on.
CHAIRMAN STRAIN: The top of Page 18 talks about offsite altematives may be used to satisfy a
hundred percent -- and when you have a taking of the land required for a publicly owned right-of-way. So
does this mean that if the county demands a right-of-way out of a -- from an applicant any native owned,
native retention requirements applicable to that right-of-way have to be paid for by the owner of the
property whose right-of-way was taken?
MR. LORENZ: We've excluded that from the new language. I think that there is a recognition, and
perhaps in the land development regulations when we get to them, something -- that that will be addressed
in some way, shape or form but --
CHAIRMAN STRAIN: Okay.
MR. LORENZ: -- it's not part of the policy now as proposed.
CHAIRMAN STRAIN: Down on 13, the discussion about -- I know EAC rewrote it and they still
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used the word variance and there's been this discussion about the exception -- I would like to get that
worked out as far as where this board's mindset is.
Variance is a strong word because it requires a lot of effort, a lot of cost, a lot of time. I'm not sure
how that differs too much from an exception because I don't know what the criteria is for an exception. But
it's something we certainly should talk about.
Where do you see the differences, Bill?
MR. LORENZ: When it comes to exceptions versus variance language the attorney's office and
ourselves had discussed it, and right now the attorney's office is looking for the use of the word variance.
I would make -- I would -- my take on the issue or at least put this in front of you for discussion is, I
think there is two types of -- and I'm just going to use the word exceptions here without the legal
connotation but there are two things that are going on here.
One is there is a recognition that we can't -- we cannot anticipate all of the circumstances that come
to us when -- upon reviewing a site in the way we've specified all of the standards. And just recognize that
at some particular point we need to be able to apply some common sense to a situation. And rather than
have everybody around the table agreeing that we ought to go one way but the GMP or land development
code you can't do it, we want to try to avoid those situations and create that mechanism for that to occur.
There is a second issue that comes up, and an earlier speaker, I think George Varnadoe mentioned
this in terms of Mercado, where he talked about there is not so much something that is in control--let's say,
whether it's in control of the applicant or not in control of the applicant, applicant's control. For instance,
there can be a lot of discretion that the applicant is applying in making a recommendation that they want to
have a particular package on their site that would violate the nominal criteria that we have in the growth
management plan. They could move -- they could reconfigure their site, get essentially the same density
intensity of uses on that site but have a different package.
Now when that comes at the discretion of the applicant, the question then comes is how do we
establish that in, quote, this exceptional language. At that particular moment it's not a matter of the site
constraints, it's a matter of the choice of the applicant.
But the choice of the applicant may serve some higher purposes that
we have in the growth management plan, whether it could be affordable housing or it could be some smart
growth principles or something along those lines.
So I think that those -- there are two categories of, quote, exceptions that we want to try to
recognize here, certainly from a standpoint of some of the more detailed work, and staff can apply that. But
when it comes to some of these higher principles I think those are value judgments that are best made in a
public setting.
So at least that's just some food for thought for your discussion.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: When we're talking about variance we're going to have -- we have
policies in the GMP, we're going to have regulations in the LDC. Are we talking about variances to the
regulations or variances or exceptions, whatever word, to the GMP?
MR. LORENZ: I assume that we can have -- we can have, I don't want to call it exceptions to the
GMP, I would say that the GMP could establish a process that will define the criteria by which you can
modify some of the standards that we have referenced. And that process is what we're trying to outline here.
So in that sense as you go through that process you are not in violation of the GMP.
COMMISSIONER SCHIFFER: So we're never going to really change the intent of the GMP, we're
only going to be able to have altered the methods to obtain compliance with the GMP, which should be
available.
MR. LORENZ: Correct.
COMMISSIONER SCHIFFER: I think the word variance is a word that's really tied to some
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serious requests, so it would be nice to have a different word. For example, building codes have a concept
of alternate methods that seems to work fine, people can use their judgments.
CHAIRMAN STRAIN: Mr. Schmitt.
MR. SCHMITT: For the record again, Joe Schmitt, Community Development and Environmental
Services Division Administrator.
Let me give you some background on where this is -- or where we're going with this. This is __
several months ago I met with my staff. The bottom line with some of these criteria that exist in the code, it
is so restrictive that, frankly, staffs hands were tied when we were evaluating some alternative, I'll call
them designs, or alternative proposals to deal with either off site mitigation or whatever.
I'll bring up one issue, Kraft Construction project, the headquarters. We got into quite a debate
publicly, so it is part of public record. And I explained to the Board of County Commissioners, frankly my
hand were tied because it was -- it's in the code, there is criteria in the code, that's what the code says. And
when you -- there were things that certainly made sense to us from a practical application standpoint but to
approve it, it was problematic. We were prohibited from doing so.
So between the county attorney and my environmental staff and I, we sat down and I said to Bill,
look at what we can write. That's what you saw and that's what went before the EAC.
What we're really looking for here is little more room for my staff to make some judgment calls.
The danger is if we have too much room, then people are going to say, wow, there they go, they are out of
control and they're paving over the entire county and, you know, the whole issue. And you've heard the
arguments.
And then likewise, if we're too restrictive.
We were trying to apply these mostly in the urban area because, frankly, the rules are pretty
definitive in the fringe and in the eastem Collier County. I mean they are there. In fact probably some of the
language in the rural fringe mixed use overlay and the rural fringe or rural land stewardship area is probably
more flexible than it is even for applying in the urban area.
So the real question to you after all of that introduction is do you want something that is publicly
vetted or do you want a -- we could use a deviation process. And then we would have so come back to you
certainly in implementation guidance in the LDC that would have criteria for evaluating some kind of a
deviation. But the premise is do you want it at a staff level or do you want it publicly vetted.
And that's, I think when this went before the county attorney, the county attorney was looking for
some kind of a variance process. Now whether that is to the planning commission or to the board, again,
we're trying to, this is a tough issue. And I go back again to Kraft Construction. That was storage of water,
storage of stormwater and preserves, flat against it in the code, you cannot do it. And this is, again, a
dealing with trying to put ten pounds of you know what in a five-pound sack. It happens time and time
agam.
So where do you want the authority to be. If you want the authority to be at the staff level, we can
create a deviation process. If you want it to be some kind of public meeting, and it is, then you go through
the expense, the advertisement, all of the other type of things under what is deemed a variance. So
hopefully that kind of explains how we got to where we are.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Because we have had so many issues in the past often pounds trying
to go into five pounds, I think it's imperative that it be a public process. I think that the public is entitled to
know when something is going to essentially be taken away from them --
MR. SCHMITT: And I believe that's --
COMMISSIONER CARON: -- to whatever degree you might want to consider it taken away from,
but something is being taken away and it should done in a public process.
MR. SCHMITT: I think Bill just said it's both but it depends on level and the threshold.
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MR. LORENZ: Yes. In the pre-March 1st EAC meeting we had proposed two levels. One, what we
were calling an administrative variance that staff could apply. And the threshold, the criteria thresholds
were set out in that scenario where staff could make those judgment calls and call that an administrative
variance. If it didn't meet those thresholds it would go through the public process.
In your current draft right now we've kept it somewhat flexible. We could still have the ability to
have a portion of it, quote, administrative and a portion of it more in the public forum. But I think that's,
that's why we simplified the language, made it a little bit more flexible. We can develop the land
development code regulations to go either way or maybe split the middle and do both if it makes sense. So I
just wanted to say at that those options could be available through the land development regulations.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: First of all, Bill, we when we talked before, the intent is in the
GMP, that's -- we're not really talking about playing with that, requirements in the LDC which have a
. . .
VarIance provIsIon anyway.
I think what we really need to do is come up with -- and the word deviation I think is a bad word
because what you are saying is you're not going to allow somebody not to do something, you are going to
have somebody propose an alternate way to achieve the goal of the GMP.
So can't we come up with an administrative process. I mean, should it be public, I think it certainly
should be posted what people are doing. I don't think we should tie up boards with people that have
alternate ways of hitting the intent the GMP. Maybe they could appeal to a board if they are not getting
their decision.
CHAIRMAN STRAIN: I think the language that was proposed by the EAC takes the
implementation of how this is attained out and moves it to the land development code, which is where it
should be.
MS. BURGESON: Right. And the language as proposed, number eight on Page 3 of five, which
states that a public hearing for a variance maybe granted administratively allows us to do it either through
the public hearing process or through an administrative variance.
I just wanted to answer something that was a just asked, in that if you are looking for the ability for
input from the public in any manner, if it's an administrative variance there isn't any. If it's an administrative
variance staff would -- it wouldn't be advertised, no one would have -- there would be no notice to anyone
that it was occurring. We would just review and approve it.
So that is an administrative variance process, is purely staff, no other input at all.
COMMISSIONER CARON: And we have had issues in the past with things that have been done
administratively.
MS. BURGESON: And we clearly feel that there are times when an administrative variance is
appropriate.
MR. SCHMITT: Well, let me add, the administrative variance is predicated on criteria. So if there
is problems in administering an administrative variance it's because the applicant meets the requirements,
staff has no authority to say no ifthere is, let's say, a dimensional, an administrative variance on a
dimensional, it's within it, the criteria, or not. If it's not you go through the public process. If it is you get the
variance. There is no discretion. Staff -- it's black or white.
COMMISSIONER SCHIFFER: Wait a minute, Joe, isn't an administrative variance where you look
at it, you have criteria and you decide whether it makes sense. Not -- again, an administrative variance isn't
just an established tolerance it's a lower process where staff can make a decision rather than go into a board.pMR. SCHMITT: But most cases administrative variance meets the definitive criteria, says, yes, it
meets it, no, it doesn't. If it does, you get the variance.
COMMISSIONER SCHIFFER: So all administrative variances if they're within the tolerance
described will be approved?
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March 6,2006
MR. SCHMITT: Yes, there is no discretion. I mean, that's -- the rules define the criteria, the request
is validated -- evaluated against that criteria and staff approves it. It's not discretionary.
COMMISSIONER SCHIFFER: But the staff had the discretion at that point.
MR. SCHMITT: What may be discretionary are maybe some applications and whether or not it
should be applied, but then you apply through the zoning director for an official interpretation.
COMMISSIONER SCHIFFER: I think we should rename it tolerance and let people work within it.
CHAIRMAN STRAIN: Steve.
MR. GRIFFIN: Mr. Chairman. Again, Steve Griffin with the County Attorney's office. I think it's
kind of an interesting argument, the difference between variance and exception, but the devil's in the details
oftentimes with how you go about getting one or the other. I'm -- I think that most people are more
comfortable with referring to variance if you are talking about an actual process that you have to follow
steps A, B, C, D before you can get something.
But I don't see why you couldn't have an exception process that would follow pretty much the same
steps. So some of it is a lot of talk about use of words that may not have a lot of difference, just depending
on the process that has to be followed to get to that end point.
And I will say that I really wasn't involved so much in the discussion about the using variance as
opposed to exception or whatever else you want to call it. But I think typically at least the traditional way of
looking at getting something that somehow varies from the requirement is to go through a process called a
vanance.
So that's probably why that was encouraged. We certainly have that existing in our code. But, again,
I think in terms of getting an exception, you have a process that you can go through that's basically the
same as you would a variance. I'm not certain that the terminology is that important.
CHAIRMAN STRAIN: And I think the EAC, again, addressed this issue, deferred it all to the LDC
in the format of a full variance or an administrative variance. And I think the LDC can sort out the priorities
for each one. Whether we call it a variance or an exception at this stage I think is not essential versus what
is going to come out in the land development code.
So I'm content at this point with the EAC's recommendation. I don't know about the rest of the
panel. I don't hear any objections.
COMMISSIONER SCHIFFER: My only negative is that a variance really does have the burden of
a hardship, where I think some of these things could be an opportunity to try to obtain, not a hardship.
And if you use the word variance, you know, all over the place you lose the value of what the word
really means.
CHAIRMAN STRAIN: I think if we were to change this to exceptions, the exceptions would
probably be limited to what we currently are calling administrative variances. And ifthat's the case neither
one is going to be any harder than the other because the administrative variance process is an application
through staff for a very minor change, such as a government agency requiring a different access point than
what's originally on your plan or something like that.
So I'm not sure that the naming of it is detrimental or different.
COMMISSIONER SCHIFFER: Maybe Mr. Varnadoe too, he said that in the statutes the word
variance means different than in the land development code, so is GMP a statute or a land development
code -- maybe it makes sense --
MR. GRIFFIN: GMP is not a statute and it's not the land development -- it is a creature that is
devised because of state law to be used as sort of the plan or the road map for getting to something that is in
the code, and that's the LDC.
So again, I would be willing to entertain whatever case law or other statutory provisions they are
citing to that says the exception is better than a variance. But again, I think it's all according to what you
decide and what the BCC decides in the final analysis should be the process for getting this thing, whatever
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you want to name it.
I will say that normally words and phrases used in statutes and rules and other laws have their plain
and ordinary meaning, so if exception, which sort of connotes some sort of an automatic thing that you
either have or you don't have, is a problem then a different word can be used.
But again, I think if you specify what you have to go through in order to get the exception or if you
want to define what an exception is in the LDC or elsewhere you could do that to make it equivalent to this
vanance process.
COMMISSIONER SCHIFFER: Mark, maybe we can use the concept of alternate method. It works
well in building codes. If you replace the word variance with alternate method or plural, in some cases it
works and that gets us away from -- because that's really your intent is that somebody could propose an
alternate method to do something. From a building code concept the alternative method has to be equal to
or greater than the intent of what the -- it's dealing with. So I think it's -- it has a good precedent.
COMMISSIONER CARON: I think that's a positive change, if it has to be equal to or better than.
Then that change in wording --
CHAIRMAN STRAIN: Well, but alternate method--
COMMISSIONER CARON: -- probably is a good --
MR. GRIFFIN: My only recommendation there, Mr. Chairman, would be to make it clear what you
mean by that.
CHAIRMAN STRAIN: Right. That's where I was going anyway.
COMMISSIONER SCHIFFER: But all we are putting in here is that we're allowing alternate
methods. The LDC is going to make it clear as to how that is done, what that means --
CHAIRMAN STRAIN: But as Steve just indicated, if you're thinking of alternate methods, what
are they?
COMMISSIONER SCHIFFER: Essentially, what we're writing today is the ability to have alternate
methods not what the alternate methods are; isn't that right?
The LDC's going to write how you deal with alternate methods. This is just opening the door for the
fact that you can now have them. Because what Joe Smith said is really true, that if you have a project that
is slightly off the semantics of the code, not even the intent -- I mean, everybody can see what the intent is
but the words are the words, then it paralyzes a project. Staff doesn't know what to do, assigners don't know
what to do and everything just freezes and time goes by.
So this is opening up the door to have something that we could stop and start discussing with an
outcome so the project can continue on.
CHAIRMAN STRAIN: Well, the word alternate method then, does anybody have a problem with
that? Okay. Let's move forward with that then.
By the way, if you are all wondering about a break, the court reporter has indicated that another
replacement for her is going to be here soon and that's when the break will be. So if you are getting hungry
or thirsty or whatever just hold on a little bit.
You guys are having another one of those curious conversations. Is it something we should know
about or are we okay?
MR. LORENZ: I think it would be good to let David go ahead. I think he's got a good observation.
MR. WEEKS: This sounded like a -- as Mr. Schiffer was stating that the term alternate method
would result in the same or greater requirement under the code. That is not what is being proposed here in
this language. There might be a circumstance where a lesser amount might be shown. For -- the one
example would be in the case of affordable housing. The county, having competing interests might say
well, in this case it's appropriate to have lesser native vegetation retention on site for the benefit of getting
more affordable housing.
So I'm concemed that the term alternate method may not be appropriate.
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COMMISSIONER SCHIFFER: What makes you think that it's appropriate to lessen the
environmental standards to get affordable housing?
COMMISSIONER VIGLIOTTI: Wouldn't it be greater to create affordable housing?
MR. WEEKS: Yes. But since this is dealing with a regulations of natural resource protection it
would be potentially a lesser amount of natural resource being maintained with the trade-off of getting the
affordable housing, as an example.
I was wondering about the term deviation. I don't want to beat this horse to death but a couple of
things about variance. One, at present variance is limited to dimensional standards only, setbacks, the width
of a buffer, number of parking spaces et cetera.
And secondly, going back to what Mr. Varnadoe had said, you cannot have created -- part of the
criteria is that the applicant has not created their own hardship -- and by the way, variance typically is a
hardship-based process because you have to demonstrate a land or structure-related hardship as the reason
for needing to vary from the code.
I'm wondering, Steve, if the term deviation will be acceptable. We have that right now in the land
development code for PUDs where you can deviate. Part of that process is providing justification why you
should be able to deviate from the code.
I'm thinking similarly here. We have criteria. You would say, here's
why I want to deviate from the requirements, I meet such and such
a criteria, here is what I will provide in the alternative.
CHAIRMAN STRAIN: That is an already predefmed process, too, so that might be a much clearer
way to go.
MR. GRIFFIN: Again, not to beat a dead horse, but determine that what you want to use is
whatever you want to use. And I think it really goes down to what the process is to get to that point,
deviation, and I think the plain and ordinary meaning of that wouldn't be a problem.
MR. WEEKS: The other thing is, again, gets into specifics. Variances are dealt with by the board of
zoning appeals. A deviation would be dealt with by the Board of County Commissioners. Ifwe don't get
this resolved soon I'm wondering if we could -- I think staff is very clear on what the planning
commission's intent is. Perhaps we just need to take out the word variance, use some generic terminology
and let the land development code come up with the specifics.
CHAIRMAN STRAIN: I think that is where we're trying to
head. But the addition of a new terminology called alternate method I think it may have put a different __
for me I thought the intent was simply we're going to come up with some other ways to look at these
exceptions. We're not going to call it exceptions, we're not going to call it variance, it's going to be
something else.
Then Brad or somebody indicated that an alternate method has to be a higher standard than what
was already there. That's not what I saw. What I saw was we have problems with conflicting regulations
from different agencies that legitimately have to be addressed. And it's a hardship we're putting on a
property owner inadvertently.
So we need a release valve to have that taken a look at. So I saw the alternate method as whatever
array of methods the LDC worked out to, not necessarily being more stringent but being practical.
Now until you said that I didn't realize it could be heading in the wrong direction. So I'm concerned
about the alternate method definition because it's -- Brad's definition is making it worse not better. And I
think there needs to be an exception to the rule occasionally, whether, how that is applied though is the
LDC that takes care of that. That's where I was going.
COMMISSIONER SCHIFFER: But what you opened up is -- and I never thought that what we had
here was a clause that we could lessen the requirement. I thought it was a way, the description Joe
described the project that needed an alternate way to meet it, not to not meet it.
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So if you are saying that we're going to start bringing in different housing types and different land
uses that are going to throwaway the requirements of this then certainly that is not on alternate method.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: How about the term special exception.
MR. WEEKS: That's a term of art. Some jurisdictions refer to them, as we do here, as a conditional
use. It has its own connotation.
CHAIRMAN STRAIN: Mr. Adelstein.
COMMISSIONER ADELSTEIN: I still think it's alternative, which has no up or down, is a proper
word. The alternative, period. Not better or worse. What we decide or what they decide has to be done by
it.
CHAIRMAN STRAIN: The problem is that's not the way Brad and now David indicated it was
used to apply. They said it would indicate more stringent.
COMMISSIONER ADELSTEIN: Explain that to me how it would be more stringent. Alternative
means you can do this or that. That's the term alternative. It doesn't say it's stronger this way or that way.
You have an option, the alternative is you can do this or the alternative is you can do that. Alternative isn't a
negative word -- it's a non-gendered word.
COMMISSIONER SCHIFFER: What I did is I dragged how it's used in the building code where it
means equal to or greater than, what you have to prove to be approved to use an alternate method. I think
what you are saying, Lindy, is fine. Just using the word alternate opens up the fact that it's not the same as
what's in the code and then we set the criteria in the LDC.
CHAIRMAN STRAIN: David, does that work for you from an intent viewpoint?
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. Then let's just let this one rest. It's the alternative -- alternate method
replaces the word variance in paragraph 13 of 6.1.1. Consensus of the group as agreement? Okay.
Are you doing okay, Ms. Court Reporter, because you volunteered to do it this way, so we'll just
stick with you.
We're on Page 19 and it's getting into more recent writings of the GMP, which is the rural fringe mixed use
district. If there is no other questions -- ifthere are any questions on the continuation of that section on Page
19 and Page 20?
MR. LORENZ: Mr. Chair, I don't know whether you want to see it but I do have the -- on Page 19
under neutral land where we're striking through the sending lands determination, I have some, two slides to
show the map of what we're talking about and some of the red-cockaded woodpecker RCW, the types of
habitats that would justify that if you are interested in seeing that. If not, that's fine too.
CHAIRMAN STRAIN: I didn't have a question on it at this point. Does anybody else? No. I think
you are safe, Bill. You might as well be safe when you can be.
Are there any members of the public that have asked to speak on any of these items as we've moved
along, Randy, that I may have missed?
MR. COHEN: Yes, Mr. Chairman, we have numerous speakers that want to talk on various aspects
of Objective 6.
CHAIRMAN STRAIN: Okay. I would like now before we move on to the next one if you could
kind of give me a head's up that that's the case then we can get them up here while we're relative to that
Issue.
Could you call the first number of speakers up and we'll start on that?
MR. COHEN: With respect to 6.1.1 Bruce Anderson.
CHAIRMAN STRAIN: Because we're working on policy by policy instead of at the end of the
element I have got to ask all of you to be brief, because in general you'd be five minutes and at the end of
the element and you'd be done. Now we're getting multiple times on each policy. So please be as brief as
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you can in your statements. Thank you.
MR. ANDERSON: Okay. Quick comment on one that you have of already been past.
My name is Bruce Anderson. Five, Policy 5.1.5, I think that that's already in the land development
code and I don't know why we need to put it in the comprehensive plan.
Moving along to 6.11.
CHAIRMAN STRAIN: Before you go that far, Randy or David, is that already in the LDC? If staff
could take a look at it at some point and get back to us. Thank you.
MR. ANDERSON: Ifwe could please turn to Page 16. In Paragraph 1 that's in parentheses, I would
propose to strike --
CHAIRMAN STRAIN: You are on a different Page 16.
MR. ANDERSON: Sorry. Okay. Policy 6.1.1, paren, one.
CHAIRMAN STRAIN: On Page 15 on ours.
COMMISSIONER VIGLIOTTI: Okay.
MR. ANDERSON: Thank you. Sorry for the confusion. I wanted to request that you make the
following modifications to the first sentence in that paragraph number one. And that is strike the word
canopy and then Melaleuca or other. So it would read for the purpose of this policy, native vegetation is
defined as a vegetative community having 75 percent or less coverage of invasive exotic plant species.
Let me give you an example of why that makes sense. Let's say that there is an abandoned farm
field where the cows have been grazing and there have been some pine trees left there. But that's all that's
pretty much left. Under this definition those pine trees, that all becomes native vegetation now because the
canopy, the tree canopy is not 75 percent or more Melaleuca-infested. But it ignores what you've got on the
ground or not got on the ground.
CHAIRMAN STRAIN: Okay. Any comments from the members of commission or staff?
MS. BURGESON: Yes. That would be a huge change in the intent of the definition of native
vegetation. The reason that we chose canopy when we created that language, and we went through that very
carefully when staff created this language to get us out of the final order, identifying that you have a canopy
of non-natives or exotic vegetation.
For instance, in that example where you have pine flatwoods. If you have an understory -- if you
have pine flatwoods canopy that's sparse and you have understory of greater than 75 percent Melaleuca,
you can remove that Melaleuca or Brazilian pepper or whatever mid-story native vegetation -- or
non-native vegetation, excuse me. Once you remove that within a number of -- usually less than five years
that area will restore itself naturally to a native system. You also don't have to worry -- hold on a second __
I'm not sure where I was. I lost my train of thought there, I apologize. But it's important that we identify the
native vegetation by the canopy.
If you have a situation where you don't have a pine canopy but you have a mid-story canopy, then
whatever the exotic infestation would be what would be identified to remove the definition. So if you had a
scrub oak area and the Brazilian pepper was in that canopy and that was greater than 75 percent, then
removing, that would cause to remove that from the definition of native vegetation.
But this has been worked through the system, through the EAC. To make any changes to this now
that would be a huge change in the intent of this language. I would recommend at the absolute minimum
that this be brought back and worked through, at least through the EAC.
CHAIRMAN STRAIN: Okay. Thank you for your comments, Barbara.
Are there any comments from the planning commission?
COMMISSIONER SCHIFFER: Just to make sure I understand, and you can answer, Mark. The
canopy would essentially be the coverage of the branches and everything; is that what it means?
CHAIRMAN STRAIN: Yes. Commissioner Adelstein.
COMMISSIONER ADELSTEIN: I would think that a tree canopy could be a separate type of
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March 6, 2006
canopy and use the term tree canopy and not make the same term as a plant canopy. Because there are trees
that can happen that way, and basically they are not in a situation where you want to keep them. But in a
flower canopy, if that's what you are talking about, then you would be able to continue what you want to do
and the tree one you can do what you want to do.
CHAIRMAN STRAIN: From what I can see this paragraph number one did not have any changes
in it proposed before this commission today. And at this point, without it having to go back through the
EAC, I don't -- Bruce, I understand what you had said but I also understand what Barbara said, and if it is
this weighty in regards to a environmental issue I would rather have it go back through the process properly
before we would hear on it. So I'm not, myself, thinking we should make those changes.
Had it been something posed for changes today it would be a different story. But it wasn't proposed
that way and I honestly had not studied that paragraph myself. So unless there is any other objections from
the panel or comments I would just like to move on to your next point, Bruce.
MR. ANDERSON: Okay. Let's turn to the next page. In parentheses number four, wetland or
upland areas known to be --
CHAIRMAN STRAIN: It starts on Page 15 on ours, Bruce.
MR. ANDERSON: Thank you.
CHAIRMAN STRAIN: What small letter are you going to?
MR. ANDERSON: 4A.
CHAIRMAN STRAIN: Okay. That's on Page 15 in our.
MR. ANDERSON: Yes, sir. I want to suggest that the language should be actually being utilized
instead of known to be utilized, that's a past tense word. There being demonstration that it is presently
being utilized.
CHAIRMAN STRAIN: Okay. Any comments from the commission?
COMMISSIONER SCHIFFER: No.
COMMISSIONER CARON: It says known to be utilized.
CHAIRMAN STRAIN: You are saying actually, actually to be utilized?
MR. ANDERSON: Or presently being utilized. Simply to indicate --
COMMISSIONER MIDNEY: Both of them are present tense.
MR. ANDERSON: Present tense.
COMMISSIONER SCHIFFER: The problem I have is that if you go to an eagle's nest in the
summer its not presently being utilized.
MS. BURGESON: There is one issue in regards to that is that if a piece of property has been
utilized by a listed species, if it was known to be utilized by a listed species and they are not immediately
present, there would be a potential for them to come back, if we know that that property has been known
utilized by listed species. But the intent of the language and as we have been applying it is current as the
opposed to future or past tense. I'm not sure I would be comfortable ruling out that it should only be current
or future tense and not some indication if we know that the property is known to be utilized. If they are not
currently on the site but the nests are there and we know that the species utilized it, then --
CHAIRMAN STRAIN: We're going to ramp up the discussion--
MR. ANDERSON: What would be a reasonable time limit to put on that, two years, three years
known to have been utilized?
MS. BURGESON: For instance, for eagles that would be five years.
CHAIRMAN STRAIN: That's why I was going to ask you, Barbara, how do you defme the word
known, how do you guys look back and say this is known to be?
MS. BURGESON: We would use a combination of the information provided to us by the
consultants, staff site visits to know whether or not the species are on site and the indication from agency
staff that have expertise and understanding of that, those exact parcels.
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March 6, 2006
CHAIRMAN STRAIN: How long has the word known been in the code currently?
MS. BURGESON: I think that's been in there since we created this GMP as a result of the final
order.
CHAIRMAN STRAIN: Okay. Any other comments on this particular issue from the commission?
Bruce, I'm going to interrupt you because the court reporter is here to switch out. We're going to take a
break for ten minutes and be back at 3: 31. Thank you.
(Short recess was taken.)
MR. COHEN: Mr. Chairman, you have a live mic.
CHAIRMAN STRAIN: Thank you. It's -- we're a minute late. I know, everybody likes to be
punctual. Mr. Anderson, before you begin, I got to impose on you one more time; and that is simply to fmd
out for the benefit of the court reporter and the members of the commission and everybody else how long
we're going to be going today. So we have 50 pages in the CCME. We're on -- we went back to page 15,
though, we're really on page 20.
MR. ANDERSON: And I'm -- I'm supposed to confine my remarks to just what you've already
covered.
CHAIRMAN STRAIN: Yes. So let me finish with this issue first.
COMMISSIONER ADELSTEIN: 5:30.
MR. ANDERSON: 5:30 works for me. What works for this commission?
COMMISSIONER SCHIFFER: Whatever.
CHAIRMAN STRAIN: Whatever. Mr. Midney.
COMMISSIONER MIDNEY: I was going to say seven, but five-thirty's fine.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: I'm fine for whatever.
CHAIRMAN STRAIN: I'm fine for whatever, Mr. Murray. Doesn't matter. Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: I'm good till the end.
COMMISSIONER TUFF: Do it all night if we have to, yeah.
CHAIRMAN STRAIN: I would prefer -- Mr. Kolflat, are you down there or are you hiding behind
Brad?
COMMISSIONER KOLFLA T: I'm going to have to leave at five.
CHAIRMAN STRAIN: Okay. Ifwe lost two members and we went on after that until, say, seven
o'clock, we might get the CCME done today.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: I think that would really be nice if we could work on, say, seven o'clock or
until the CCME is over with, whichever is earliest. Does that work for the Commission?
COMMISSIONER VIGILOTTI: Under one condition, they keep the coffee on.
CHAIRMAN STRAIN: They'll be gone before the next -- the next break. They go home at five.
COMMISSIONER VIGILOTTI: I'll go in earlier and set it up.
CHAIRMAN STRAIN: Okay. You better hurry because they're going to be cleaning up before that.
COMMISSIONER VIGILOTTI: I'll take that responsibility.
CHAIRMAN STRAIN: You might want to tell them. You might want to tell them because they'll
be cleaning up after this break.
COMMISSIONER VIGILOTTI: Okay.
CHAIRMAN STRAIN: So --
COMMISSIONER SCHIFFER: But, you know, Mark, at this rate, we're going to be around tax
time before we get done here. I mean --
CHAIRMAN STRAIN: Well, Brad, you know what --
COMMISSIONER SCHIFFER: I can't think of any faster way though.
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CHAIRMAN STRAIN: I can't either and I would love if you have an idea in that regard to share it
with me. If it means, Mark, stop asking questions, then tell me that. But at this point I think it's important
that this plan get done as properly as we can possibly do it because it's going to carry this county for the
next seven years.
COMMISSIONER SCHIFFER: It's just a fact oflife. That's all.
CHAIRMAN STRAIN: And, honestly, the rest of the -- as we get past these sections, we might see
some ofthe stuff speed up because it's more recent language like the rural fringe in the stewardship area.
So with that, Bruce, thank you for your indulgence. If you -- I know we interrupted your discussion.
Do you mind just we left off on Item 4. You were talking about changing the word known to actually or
presently. I don't know if that seemed to go very far with the other panel members. What's the consensus?
COMMISSIONER CARON: I thought we'd already gotten that.
CHAIRMAN STRAIN: Let's leave it as it is.
MR. ANDERSON: We're moved beyond that, yeah.
COMMISSIONER TUFF: I guess I was concerned with Tyrannosaurus Rex eggs and things like
that. I think it was a legitimate point to define it narrow or somewhat anyway. Unless -- I didn't know we
finished with that one.
CHAIRMAN STRAIN: Well, I think does anybody else feel this deserves this -- needs to be
discussed any further?
COMMISSIONER MIDNEY: I think that it's really not -- since it's not a change also, let's leave it
the way it is.
CHAIRMAN STRAIN: I don't see a lot of people marching behind your thought there, Russell.
COMMISSIONER TUFF: Well, Tyrannosaurus lives.
CHAIRMAN STRAIN: Let's just move on. Okay, Bruce.
COMMISSIONER MURRAY: You kill dinosaurs?
MR. ANDERSON: Paragraph No.5, immediately under what we just discussed.
CHAIRMAN STRAIN: On page 16 of our document.
MR. ANDERSON: I would urge you to keep the existing language in the comprehensive plan. As
this is written now, it could prevent a boardwalk or a nature trail being placed in a preserve area even
though the minimum native vegetation is still retained in there. I don't think we want to do that. Don't we
want preserve areas to be accessible to the public? And that same change would need to be made where
you have similar language in the rural fringe mixed-use district.
CHAIRMAN STRAIN: Comments from the panel.
COMMISSIONER SCHIFFER: Well, I have one.
CHAIRMAN STRAIN: Sure.
COMMISSIONER SCHIFFER: I think Bruce might have something there. Because what -- the
way it's worded, somebody could actually deduct across the boardwalk area from the calculation. Bill, do
you think that's the case or --
MR. LORENZ: I believe that's how we apply it now. If that's the intent if -- if you're talking about
whatever that area of that footprint ofthe boardwalk is, is no longer native vegetation. So -- so that needs to
be made up some place within the preserve. So the preserve -- so the preserve -- the total acres of the native
vegetation needs to be accounted -- you need to account for the loss of that footprint. You can have that use
in there. And we agree with that. You can have the use in there, but you just have to make sure that -- that
you're not -- you're not destroying native vegetation to put it in.
COMMISSIONER SCHIFFER: And you said you'd do --
MR. LORENZ: Typically -- typically you can find an area where it's already been -- been impacted
and you won't have to do that. But if you want to put a -- put in there a boardwalk through your preserve
area that's going to impact native vegetation, you just have to make sure that there's an allowance for that
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loss of footprint.
COMMISSIONER SCHIFFER: But are you saying that's how it's calculated now or that's how you
want to calculate it?
MR. LORENZ: Barbara's telling me that's how -- that's how they do it now.
COMMISSIONER SCHIFFER: Okay. I would say keep it the way it is I think.
CHAIRMAN STRAIN: Anybody have a strong inclination to see it change?
(No response.)
CHAIRMAN STRAIN: Bruce, you're doing two --
MR. ANDERSON: Do you mean keep it changed, no change from what's in the plan today or what
staff proposed?
COMMISSIONER CARON: What's proposed.
CHAIRMAN STRAIN: Leave the language as it's presented to us today.
MR. ANDERSON: Okay. Moving on to -- sure.
MR. WOODRUFF: For the record, Andy Woodruff with Passarello and Associates. I'm here with
March 6, 2006
Bruce.
With regard to that change that was made for the passive recreational uses, I think the issue there is
there was some additional language that was put in there with regard to loss of function. And I think that's
where some of the confusion arises. It's -- it's not just an acreage that we're trying to make up between what
the boardwalk is utilizing on the property.
We understand that if you put a boardwalk in the preserve area, that you have to account for that
acreage. You can't use your minimum required native vegetation to put that boardwalk in. But I think
what's confusing is the loss of function language that's put in there. Somebody might interpret that
boardwalk as being a loss of function to that area.
MS. BURGESON: The purpose --
CHAIRMAN STRAIN: Wait a minute. Andy, what you could do -- I mean, the language is clear.
The criteria identifying what constitutes a loss of function shall be set forth in land development regulation.
I would suggest that if you're concerned about that issue, figure out the parameters that concern you and
when that implementation language comes into play, include it in the LDC language or bring it forward at
that time. I think the intent is clear. And I don't have a problem with the intent, but I think the
implementation is what you're trying to express.
Barbara, I'm sorry.
MS. BURGESON: I was just going to support what you were saying that the loss of function -- we
would not consider a boardwalk that has pervious -- the ability for rainfall, for instance, to go through that
boardwalk to be a loss of function. But we have had in the past proposals to berm an area and put not even
a pervious, but maybe an impervious surface on the top of that and that can bisect or bifurcate a preserve,
particularly if it's a wetland; and we don't want to create any loss of function by that type of -- of passive
recreational use. Even though that would still function as the same way.
CHAIRMAN STRAIN: Okay. Thank you. Is there any further discussion on this issue?
(No response.)
CHAIRMAN STRAIN: Okay. We'll just keep moving forward.
MR. ANDERSON: And the last on what you previously discussed, the last two are paragraph 6. As
I understood Bill to explain it, they were wanting -- would not require a listed species plan that was set
forth with a, like, state or federal agency in connection with permitting as long as it complied with the code.
And that essentially begs the very question. If a permit has been issued by the U.S. Fish and Wildlife
Service and it lays out specific requirements, shouldn't that be sufficient without having an unnecessary
duplication of regulatory effort by the county?
CHAIRMAN STRAIN: That -- Bruce, that's where I was going with my question. And what I
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thought Bill had replied was that as long as it's stated on the SDP or the application to the government and
it meets our code, then it's consistent. Now, they'd have to meet our code if they're on our -- ifit's on our
SDP. So I'm not sure what specific concern you have.
MR. ANDERSON: Oh, okay. I mean additional code requirements for that -- for that plan.
CHAIRMAN STRAIN: No. Bill, are you aware of anything like that? I don't -- I'm trying to figure
out where --
MR. LORENZ: Code requirements. What we require in the code is if you have listed species on
site, you need to have a management plan for the listed species. And if that's what you had worked out with
the agencies and got the permit, that's essentially our technical assistance. We would simply want to have
that plan be reproduced in our -- our planning documents so that that's the county's approval as well. So if
we have to go through any compliance -- enforcement or compliance or inspections, we'd have that on the
set of plans.
MR. ANDERSON: Okay. But you wouldn't impose anything additional then?
CHAIRMAN STRAIN: The court reporter can't see you.
MR. LORENZ: No. No. Only what's required. I'm just checking and make sure with Barbara is
agreeing with me.
MR. ANDERSON: Lastly, I urge you to keep Section 7 and 8.
CHAIRMAN STRAIN: There they are.
MR. ANDERSON: And the new 8 add "when practical" at the end ofthat so that there's not an
absolute requirement for interconnection at all times without exception, no ifs, ands or buts.
CHAIRMAN STRAIN: And I brought the same question up when we got to No.8 or a similar
question. Your response I believe was that that would be -- that would be handled through the alternate
method. Oh, I hope I didn't use the wrong word, but whatever method we were talking about earlier to
come under the --
MR. LORENZ: Paragraph 13 method.
CHAIRMAN STRAIN: Paragraph 13 method. Okay. Do you understand that? Basically if No. 8
doesn't have the language that you're suggesting added but it needs to be applied, you'd apply it through the
method that will transpire in No. 13.
MR. ANDERSON: Oh, the exempt?
CHAIRMAN STRAIN: Right.
MR. ANDERSON: Okay. Very good. And only because I have to have -- I'm due to have dinner
with the vice president this evening, that I'll miss seeing the rest of you perhaps, I would draw your
attention to Section 10.3.14, 10.5.4, and 12.2 which you would get later to this evening. There are some
very significant changes proposed.
CHAIRMAN STRAIN: What numbers were those, Bruce?
MR. ANDERSON: 10.3.14.
CHAIRMAN STRAIN: Okay.
MR. ANDERSON: 10.5.4 and Objective 12.2. Thank you very much.
CHAIRMAN STRAIN: Thank you. You've got to have your priorities, I guess.
MR. LORENZ: Mr. Chair, in may, we have -- we do have the language that Bruce talked about
concerning policy, I think it's 3.32. Did you want to see that now, Bruce?
MR. ANDERSON: Sure.
MR. LORENZ: And I'll let Ray Smith detail the changes here for you.
MR. SMITH: For the record, Ray Smith, Pollution Control Director.
Bruce and I had met and I want to make sure that Mr. Strain takes a hard look at 3.1. There was a
recommendation you had made. And -- and for some reason I didn't jot it down. I want to make sure that I
don't miss that in this recommendation. I -- I believe it was dealing with the highest attainable level of --
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CHAIRMAN STRAIN: Yes.
MR. SMITH: -- of ground water.
CHAIRMAN STRAIN: Yes.
MR. SMITH: If! could propose and, Bruce, if you could listen to make sure I'm not stepping out of
our -- our agreement on the language. The line beginning -- let me see, one, two, three, fourth line down
where it begins with "therefore" on the far right, if we could add "therefore considering these natural
conditions, Collier County will continue to take all necessary actions to maintain the highest level of
ground water quality compliance within its aquifer system" and then drop the last sentence, would that be
acceptable?
CHAIRMAN STRAIN: That's not what it says here, but that's what you're proposing it change to?
MR. SMITH: That's what I'm proposing in addition because I'm missed the -- the highest attainable
level that you were concerned with.
CHAIRMAN STRAIN: What you were going to submit in place of that was simply state standards,
actions to maintain the state standards level of ground water quality with its --
MR. SMITH: But then we would fall into the same issue regarding what is state standards __
CHAIRMAN STRAIN: Right.
MR. SMITH: -- if you can't meet them all.
CHAIRMAN STRAIN: Okay. I don't have a problem with it.
MR. SMITH: Do you have a problem with that one?
MR. ANDERSON: No.
CHAIRMAN STRAIN: Okay. Good.
MR. SMITH: And the --
CHAIRMAN STRAIN: Before you go further, does the panel-- anybody on the panel have any
problems with it?
(No response.)
CHAIRMAN STRAIN: Good. Then the consensus of the panel is acknowledged.
MR. SMITH: Okay. Very good. And 3.32 we had entered in the language after at least -- and the
purpose of this is to notify the public in the event we modify a well field protection area so they are aware
that it may -- may potentially impact their property. And it reads, "After at least 15 days publication of the
maps, the proposed zones of protection for each such well field before each hearing by the EAC Planning
Commission and the Board of County Commissioners." It's just the focus of publishing it in the newspaper
each well field that's remodeled.
CHAIRMAN STRAIN: Okay.
MR. ANDERSON: Yes. That was the language we worked on in the hallway.
CHAIRMAN STRAIN: Any problems with the -- from the Planning Commission?
(No response.)
CHAIRMAN STRAIN: Okay.
MR. SMITH: Thank you, sir.
CHAIRMAN STRAIN: Thank you.
MR. ANDERSON: Thank you. And I would just ask you please don't forget the comments that Mr.
Y ovanovich made to you regarding 6.11. I reiterate those wholeheartedly and ask that you consider those as
well. I'd also point out that -- that No.4 -- paragraph No.4 that you-all declined to change, which is fine, is
already in the Land Development Code as I understand it. So I don't know why we would be repeating it in
the comprehensive plan.
CHAIRMAN STRAIN: Thank you, sir.
MR. COHEN: The next speaker is Brad Cornell to be followed by Nicole Ryan.
MR. CORNELL: Good afternoon, Commissioners. Brad Comell on behalf of Collier County
March 6, 2006
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March 6,2006
Audubon Society and Audubon of Florida.
I have two main points to make. One is a quick one about something you talked about quite a bit
ago. That was Objective 2.1. And I just wanted to concur with your new language that you had seen that
actually Bill had put up on the visualizer. Except I wanted to advocate that you immediately begin the
drafting of these water shed management plans because you already are. The county is already in the
process with three other stormwater plans that are in process. One of them was noted, the South Belle
Mead, the Parson's study.
The EAR report actually notes that those stormwater management plans can be expanded to include
all the parameters of a watershed management plan. So you've actually already begun. Why don't you just
say immediately -- immediate commencement of -- of writing those plans. So that would be my
recommendation on that. That's also reflected in the east of951 study and Naples Bay study. There's --
there's a lot of efforts already under way. So don't wait. Don't have language that refers to 2008 as the
commencement.
And, by the way, Policy 6.2.3 notes the prioritization of the urban and
estates areas for the first places you need to be doing watershed management plans. And I think you-all
already have articulated that the estates in particular is a real -- a real problem on everybody's radar screen
that obviously needs to have immediate attention.
CHAIRMAN STRAIN: You know you're getting ahead of us?
MR. CORNELL: That was a reference to 2.1.
CHAIRMAN STRAIN: Okay.
MR. CORNELL: But now I would like to beg your indulgence in my getting ahead of you because I
-- I can't stay until seven o'clock. I actually have to leave very shortly.
CHAIRMAN STRAIN: Okay.
MR. CORNELL: But this is still under Goal 6.
CHAIRMAN STRAIN: That's fine.
MR. CORNELL: I had a particular set of three recommendations to make. If you look at Objective
6.2 the -- have you got that? I'm sorry. I don't know exactly what page. It's about 24,23.
CHAIRMAN STRAIN: Page 24, yes.
MR. CORNELL: Okay, page 24. It includes some added language that requires coordination with
the watershed management plan process. I would like to suggest to you that that coordination with
watershed management plan -- planning for wetland protection implies that there may be exceptions to
always deferring to the wetland protection permitting process ofthe state and federal agencies especially in
the urban and estates areas. And this is something that I think should be recognized in the policies -- three
policies that follow. Those policies are 6.2.3, 6.2.4, and 6.2.7. All three of those policies deal with the
urban and the estates areas. I believe that those policies should have an exception for wetlands that have a
federal or state permit issued in -- within them.
There should be an exception, and the language that I propose that you insert for 6.2.3 would be at
the end of the first paragraph.
You would insert where it says "where permits issued by such state and federal- or federal agencies allow
for impacts to wetlands within urban and estates designated areas and require mitigation for such impacts,
the permitting agencies mitigation requirements shall be deemed to preserve and protect wetlands and their
functions" and then add "except for wetlands that are part of a watershed management plan preserve area,
period. The county will direct impacts away from such wetlands." I believe that's an important policy facet
that was recognized in the EAR report, the final report on the CCME under -- under Objective 6.2.
In addition I would also add language that goes "also exotics clearing cannot be the principle means
of mitigation." This as a present policy has been for some time that the county does not accept mitigation--
does not accept exotics clearing as the principle means of mitigating wetland destruction. And currently
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March 6,2006
there are state and federal mitigation proposals and programs that do principally feature exotics clearing. So
I would say that is contrary to county policies for wetland protection including in the estates and urban
areas.
So -- and I would transfer that same principle -- that same language to
Policy 6.2.4 right after -- let's see -- right after the initial paragraph where it says "issued by the applicable
jurisdictional agency, comma, except where wetlands are a part of a watershed management plan preserve
area." And use the same language that you just used in 6.2.3.
And, again, under 6.2.4 sub 1, you need to put a comma at the end of that one -- excuse me -- the
same language there.
And, finally, under Policy 6.2.7 where again the reference is to deferral to these jurisdictional
determinations and permit requirements issued by applicable jurisdictional agency, comma, except where
wetlands are part of a watershed management plan preserve area, et cetera.
So you see those tlu;ee places, actually four if you count two for 6.2.4, where I believe that the
county should be reserving protections for -- and -- and the ability to direct impacts away from wetlands
that have been defined in the watershed management planning process as preserve lands. They're important
for the functions ofthose watersheds. Let's say it's Naples Bay or Cocohatchee River or the Golden Gate
Estates systems. Those watersheds have been or about to be clarified and studied with wetlands -- part of
that process would define wetlands and delineate wetlands for protection. We don't want to defer those
protections to the permitting process to the state and federal agencies.
That was my main point. Thank you very much.
CHAIRMAN STRAIN: Brad, before you depart from that podium --
MR. CORNELL: Yeah.
CHAIRMAN STRAIN: The watershed management plans have not been developed. Do you know
where these preserve areas are?
MR. CORNELL: No. So that would be a problem. That's why you want to prioritize particularly the
urban and the estates areas which is in your Policy 6.2.3, a different subparagraph. You want to prioritize
and work on those immediately. You don't want to wait.
CHAIRMAN STRAIN: Well, the reason I'm concemed is we don't know how much property or
how many homes that's going to -- your suggestion would affect until we know where the preserve areas
are.
MR. CORNELL: That's correct.
CHAIRMAN STRAIN: Okay.
MR. CORNELL: I think we have a good idea because we have wetland soils maps. We have the
National Wetland Inventory data. We have a lot of data already. We have the new LIDAR topographical
information. Those data give us a really good correlation with what wetlands exist in the estates on a
relative basis. So I think we have enough information to withhold permits -- to withhold building permits
where -- where there are wetlands that are critical to the protection of watersheds or for flood protection
which are all functions of what these watersheds are doing. And -- and to answer your question, Mr.
Chairman, we can't do anything in -- in full force until we do this watershed management plans, thus the
urgency.
CHAIRMAN STRAIN: As we get into the language you suggest adding, I'll ask staff when we get
to that point in our discussion what they think of your proposal and we'll go from there.
MR. CORNELL: Please do.
CHAIRMAN STRAIN: Okay.
MR. CORNELL: Thanks.
CHAIRMAN STRAIN: Thank you. Does some member of staff understand what Brad was asking?
COMMISSIONER CARON: Could you leave your language?
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March 6,2006
CHAIRMAN STRAIN: The other people -- do you have a -- do you have any language you can
leave with us?
MR. CORNELL: I can. I -- this is -- you know, I've gone to three hearings of the EAC on this.
Every time I go I see something new as you look at entire -- an entire element. And you know how that
process is. So this is something that I just realized recently. So I haven't written it out yet other than by
hand.
CHAIRMAN STRAIN: Before you leave, could you make sure Bill or Barbara understand what
you're trying to add so that we can have a further discussion of it when we get to those pages?
MR. CORNELL: Right.
CHAIRMAN STRAIN: Because we haven't gotten that far yet in the plan.
MR. CORNELL: I understand. And I'm sorry to -- to -- to jump the gun on it. I think it's something
important. I will type it out for future use. I know you're going to finish the CCME tonight, but --
CHAIRMAN STRAIN: Well, we hope we are.
MR. CORNELL: I will get it -- well --
CHAIRMAN STRAIN: Enjoy your time with the vice president. I'm assuming that's where you're
running to.
MR. CORNELL: Thank you very much.
MR. COHEN: Nicole Ryan to be followed by Wayne Arnold.
MS. RYAN: Good afternoon, Commissioners. For the record Nicole Ryan here on behalf ofthe
Conservancy of Southwest Florida.
The first point that I would like to bring up is on page 16, Subsection 5B. And it discusses for treated
stormwater discharge being put into preserve areas. And it states that this treated stormwater can be
discharged if it essentially does not result in any adverse impact. And my concern is what exactly is an
adverse impact? For example, would adverse impact be stormwater being discharged and the water level
rises to the point where the native vegetation dies and then you have to replant with different native
vegetation because you've essentially changed that native ecosystem? Perhaps what we want to get to --
because I don't believe that in preserve areas that's what we want to
do. My suggestion would be what we want to do is we want to make sure that this treated stormwater, if it
is discharged will benefit the wetland system or benefit the native vegetation preserve area. So perhaps the
"does not result in any adverse impact" could be changed to "receipt of treated stormwater discharge for
such a use including conveyance, treatment and discharged structures benefits the naturally occurring
native vegetation." Because, remember, we're going to have to defme a lot of this in the LDC. And so how
permissive the LDC is going to be on this really is going to be based on what we have in the GMP. So that
would be my suggestion there.
And also will there be monitoring at these points? How do we know if the treated stormwater is
benefiting or adversely impacting a certain preserve area?
Another thought on that is when we're looking at an applicant coming in and wanting to discharge
this treated stormwater, it seems like adverse impact really puts the burden on the county and county staff
to say why this wouldn't be a good idea. Whereas, if the word "benefit" is used, then the applicant would
have to discuss why they believe it would be beneficial. So just some thoughts on that.
The second point --
CHAIRMAN STRAIN: Well, before you go any further, let's go back and resolve it. The language
change strikes some existing language and puts in the word "benefits" basically. I know in another part of
the text I found where language was changed or talked about adverse impact and it said "does not degrade."
Is that equivalent to benefit?
MS. RYAN: I think benefit is a stronger word. I guess maybe staff could give the definitions
between all of those.
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CHAIRMAN STRAIN: I'm looking for a practical solution that is the best. Bill.
MR. LORENZ: Well, I think I understand what the distinction is. I'll kind of look to Nicole and see
if! summarize it right. Maybe to give an example, for instance, you could with benefit. If you took a -- if
you took a true, let's say, an old remnant wetland system and you're actually using your stormwater system
to -- to -- to change -- to move that hydrology, that hydroperiod now to what that wetland experienced in
the past, you could then say that that is a true benefit to that wetland system.
On the other hand, let's say you have a -- a -- a system -- and I'm going to say that is -- that is really
perhaps one of the fringe between a wetland and an upland system. It's in that in between area a little bit. At
that particular point if that system is more transitioned to an upland system and now you're putting
stormwater into it and you could be -- you could see -- you could start seeing a change in your vegetative
communities -- communities, that could have somewhat of an adverse effect from a standpoint of viewing
it as an upland system, that may be more of a negative or an adverse impact. So that's how I kind of see the
distinction.
Now, how you -- now, how you determine what is a benefit or adverse impact I think ultimately
comes from the criteria we developed in the Land Development Code regulations. But certainly if you say
benefit, I can certainly see the -- the -- the -- the benefit coming more from a wetland system than -- a true
wetland system that's been really altered and you're trying to drive it into a -- into a wetland and function as
a wetland. That would definitely be a benefit. Anything else you may argue is not a benefit, would simply
be an adverse impact. I don't know, Nicole, if that's -- gives you an example.
MS. RYAN: Well, again, you're still -- in the current language it talks about adverse impact. And so
if you're saying that a situation where you had a wetlands, slash, upland and it put too much water into it
would create an adverse impact, then we're saying the same thing, that there could be a detriment there. I
just -- it seems like if we're really going to try to make a preserve -- what a preserve should be in keeping
with the vegetation and -- and the soils, perhaps the word "benefit" would be the proper term versus
"adverse impact" or "does not degrade."
CHAIRMAN STRAIN: Well, your comment that staff would have to go -- and the county would
end up proving an adverse impact if an applicant insisted they weren't, is that any -- is it a better position to
be in having the applicant prove a benefit? I mean, I'm just looking at practical application how the county
would have to look at the permit application.
MR. LORENZ: Well, I'm looking at creating -- and in fact we've already proposed some Land
Development Code regulations and kind of shopping it through some of the stakeholder groups of
establishing up front the criteria, but which we will -- we will say either benefits or is an adverse impact to
say that land development regulations that are now consistent with the Growth Management Plan that we
will simply apply those Land Development Code regulations. That -- that -- that would not require us to
have the -- the -- the applicant provide a whole set of data to prove one way or the other whether it's benefit
or adverse impact. We will adopt a set of regulations that will be consistent with the language of the
Growth Management Plan and apply those regulations. So that's how I'm envisioning it -- it to occur in the
future.
CHAIRMAN STRAIN: Why did you use the language that's in here in the first place?
MR. LORENZ: For -- for the adverse--
CHAIRMAN STRAIN: Yeah.
MR. LORENZ: -- adverse impact?
CHAIRMAN STRAIN: Did you feel it was the appropriate language when you used it?
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Okay.
MR. LORENZ: I see it -- I see it as a little bit more -- more neutral to -- to -- to apply and develop
some -- some -- some Land Development Code regulations. The -- the other thing is to recognize too and
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from a policy making standpoint, just -- just recognize that the South Florida Water Management District is
in ruling making -- is beginning to start rule making. I'm not sure where in the process they actually are. But
they are going to be requiring or at least the proposal is to require an additional 50 percent more volume
retention for their -- for their stormwater systems. So it's even going to put more -- even more pressure on
the -- the available land footprint now that's going -- that's going to be trying to incorporate the
development, the stormwater system and the preserve area as well.
So -- so I did make the recommendations that would benefit -- get a little bit more neutral for
adverse impact.
CHAIRMAN STRAIN: Okay. Any other comments? Brad.
COMMISSIONER SCHIFFER: Is the failure of wetlands due more to lack of supply or too much
drainage?
MR. LORENZ: I think that right now it's -- it's just simply too much drainage. You could -- you can
help try to re-hydrate the wetland -- wetlands a little bit. Ultimately, if you're really trying to do a wetland
restoration project on site, you're going to have to set your -- you're going to have to set your control
elevations and -- and -- and -- and try to deal with off-site drainage to bring those water -- water levels up.
But to put additional water into a -- into an altered wetland system, I think will provide some benefits. It
certainly won't provide any adverse impacts as long as that -- that water has been properly treated.
COMMISSIONER SCHIFFER: And -- and a lot of drainage problems aren't even on the property?
I mean, aren't even on site; correct? I mean, they could be three or four properties down.
MR. LORENZ: That's correct.
(Multiple speakers.)
COMMISSIONER SCHIFFER: So it seems -- I like the language because it seems like --
remember, this is putting water in. That it really should make sure that it's beneficial to put the water in and
-- rather than just keep putting water in to make sure nothing adverse that happens. Okay.
CHAIRMAN STRAIN: Okay. Mr. Midney.
COMMISSIONER MIDNEY: Yeah. On that, you know, it's a common misconception maybe that,
you know, if you have, like, a cypress swamp that they just love water. And, you know, the more water the
better. But you have to remember that they're probably going to be putting in this extra stormwater in
August and so you could, you know, flood out some of the other plants that were in there. It's not
necessarily beneficial.
CHAIRMAN STRAIN: Okay. Any other comments?
(No response.)
CHAIRMAN STRAIN: What's the consensus of the board? Is it replace the words "does not result
in any adverse impact" with "benefit?"
COMMISSIONER SCHIFFER: I think benefit. It actually shows a better attitude. It shows that
you're not trying to do something to harm it. You're trying to do something to benefit it.
CHAIRMAN STRAIN: Anyway, I see some heads going both ways. Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Does benefit actually put the onus back on the developer instead
of us?
CHAIRMAN STRAIN: Well, I think either one puts it on the developer. They both would have to
prove either they're not having an adverse impact or they are having a benefit. Is that --
MR. LORENZ: Well, I think what we -- my preference would be is to adopt a land development
regulations through the Land Development Code that would specify what can and cannot be done. And --
and -- and those restrictions, intent of those restrictions will be to benefit the preserve if that's the language
that -- that you-all are recommending. And it's -- and it's handled in the Land Development Code. It's
handled in the criteria within the Land Development Code, not a separate study that the consultant will
have to present to staff. Because that always causes -- for me that -- that causes some of the problems
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where we have right now. There's not certainty. You don't know what standard to -- to -- to work up
against. Certainly you can have maybe a relief valve, but -- but my preference is without some standards,
that would be -- would meet the intent of your proposed language.
CHAIRMAN STRAIN: What did the EAC do with this issue?
MR. LORENZ: They -- they -- they recommended it as -- as you see it.
CHAIRMAN STRAIN: Okay. Any other questions?
(No response.)
CHAIRMAN STRAIN: Let's take a head count. How many in favor of changing the reference to
the word -- and using the word "benefit" or "beneficial" in place of the adverse impact language? One, two,
three, four, five, six, seven, eight. 8 to 1, Russell Tuff --
COMMISSIONER TUFF: Staying with the staff
CHAIRMAN STRAIN: He's staying with staffs recommendation. Okay. I understand.
Do you have any other points?
MS. RYAN: Thank you. Well, just a mention on, I guess, it would be page 18, subparagraph 12.
And we're talking about the creation and restoration. A lot of these new policies really deal with what you
can and can't do to manipulate native vegetation within preserve areas. And I just wanted to make sure that
-- and I guess some of the language has since been changed on No. 12.
CHAIRMAN STRAIN: Yes, it has.
MS. RYAN: But what we don't want to do is to get into a situation where uplands are being
converted to some other use for stormwater or for native vegetation creation for wetlands. And so I just
wanted to make sure that that wasn't the intent and that's something that isn't going to be allowed through
any of the language in the -- the creation or restoration of the vegetation. At some point we may get so far
away from what a preserve is because we're manipulating so much that it really is no longer a preserve. So I
just wanted to make sure that even though those words weren't in there, that you can't take uplands and
replace them with wetlands that -- that that was implied.
CHAIRMAN STRAIN: I think that the EAC when they -- they entirely rewrote that paragraph and
they basically deferred the actions or implementation to the LDC. And that may be a place where you want
to carry that forward there.
MS. RYAN: Definitely.
CHAIRMAN STRAIN: Anything else?
MS. RYAN: And just in subsection 13 on pages 18 and 19. It's
been reworked quite a bit. My concem with this was I liked the idea of -- of variance process, but I also
thought that -- and it's the old language, but I'll just bring it up, talk about exceptional circumstances. And I
think really the idea of that exceptional circumstance does need to be defined. I don't think we want this
variance to apply to every single project that comes in. And so this idea that it is something that's going to
occasional in those exceptional circumstances really should be brought forward. That doesn't really sync
with -- with some of the new language, but I just bring that up as a suggestion that we do want to make sure
that it's something that is used occasionally, not in every single project.
CHAIRMAN STRAIN: Okay. Anything else, Nicole?
MS. RYAN: Well, I do have one thing. The same language and it's jumping ahead to 6.l.25B and I
can come back up at that point and bring it up or -- it's the same language that you recommended changing
as far as "benefit" replacing "does not adversely impact."
CHAIRMAN STRAIN: Well, actually that 5B for staffs benefit is repeated on page 16 and 21. You
may want to strike one of them, then we haven't got to discuss it any further.
MR. LORENZ: Well, the -- well, if unfortunately the structure of what we have here is 6.1.2
objective deals with all the rural fringe mixed-use district and 6.1.1 deals with the other areas.
CHAIRMAN STRAIN: Based on the way we voted, you need to make 58 on page 21 the same as
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5B on page 16.
MR. LORENZ: Agreed.
CHAIRMAN STRAIN: Okay.
MS. RYAN: Okay. That's it. Thank you.
CHAIRMAN STRAIN: Thank you. Okay. Any -- oh, Mr. Arnold. I almost forgot you, Wayne.
MR. ARNOLD: Hi. I'm Wayne Arnold. I won't reiterate what you heard Mr. Anderson say. I
concurred with many of his comments. I also heard Mr. Y ovanovich earlier and I saw his handout. And I
would concur with the revisions to those policies.
I was -- I guess I won't try to convince eight of you to change your mind, but one of the comments
that I had was supporting paragraph No.5 under Policy 6.1.1 that allowed for use of our preserves for water
management. I think the idea of showing a benefit is much tougher because there are some situations where
you can demonstrate that you don1t have an adverse impact to discharging either flue and upland for
instance or having a pipe system that could be part ofa recreated restoration area on your site. To get the
water through it, you vegetate over it and you go along in life and don't even know there's a pipe under
ground. But I think in certain scenarios demonstrating a no-adverse impact is much easier than proving that
you have a benefit. And I think it especially goes to some of our tighter redevelopment sites that we have
where -- where we're really fighting over preserve as being more of an aesthetic issue and a landscape issue
much more than a larger contiguous preserve area. I won't try to change eight -- eight minds up here, but
those were my comments on that item.
On page 17 under Item 8 I heard Bruce Anderson talk about the interconnection language and talk
about when practical or some other phraseology. And -- and I'm told we're going to deal with this later, but
it really seemed to me that maybe that goes in conjunction with paragraph 2 where we talk about and try to
define contiguous -- large contiguous systems for our preserves, and then maybe this whole idea of
interconnections where possible on those sites makes sense.
I've been involved in a couple of infill and redevelopment projects where I don't have preserves that
are connected on site today, yet I seem to have to have this discussion with staff that there's no way to
physically connect these two preservation areas because they aren't today. And I understand that it makes
sense where it's absolutely practical to do so. It makes no sense where they're not connected and they're
across a 30-acre site or 100-acre site that they're not connected today. And whether my preserve area is 15
percent or 25 percent, there would be no way to get the two to be connected. On item --
CHAIRMAN STRAIN: Well, before you go further. Just so you know, the discussion we followed
up with Mr. Anderson on this No.8 was that it's held through the alternate method process that would be
developed through the Land Development Code to address those particular concerns so...
MR. ARNOLD: And I think that's -- that's fine. And hopefully we can identify those criteria that
will better tell us where our preservation areas are going to be.
The other item -- and I know Item No. 10's been substantially rewritten by the EAC. And I think
many of those changes are good. One thing that I note, it doesn't really offer an opportunity to have either
recreation or restoration. It talks about an off-site alternative. But it seems to me that there may be some
very viable altematives to do on-site restoration where we would not want to necessarily just give up on the
site and require me to go off site and pay into the Conservation Collier Program or something else. It may
even be more costly for a developer to try to make it work on their site, but I would hate to preclude that
alternative to do some on-site restoration or recreation. I just thought I would throw that out for your
consideration.
CHAIRMAN STRAIN: That's not a bad point at all. Bill, do you want to respond to that?
MR. LORENZ: Well, under the paragraph 12 we do have the -- the criteria that we're going to
establish for restorations. So I think we'll be covering that in a little bit more detail in -- in the Land
Development Code. And we can then establish the criteria for when -- when creation or restoration would
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be appropriate. I think we -- I think we can cover -- I think we can cover that at the Land Development
Code.
MR. ARNOLD: You don't think it's precluded then. I guess that's just what I'm trying to get on the
record that we're not precluded from having that as an alternative.
CHAIRMAN STRAIN: Because you only give four reasons why you can have an alternative.
MR. ARNOLD: Right.
CHAIRMAN STRAIN: And one of those isn't for on-site preservation. And I think that's where
Wayne's trying to get to. And No. 10 in the EAC language, there's only four alternatives that you could
possibly utilize.
MR. LORENZ: In the new -- in the new language we're simply saying that all of the primary intent
of this policy retain and protect existing native vegetation. There are situations where the application and
intention requirements of this policy--
CHAIRMAN STRAIN: Slow down.
MR. LORENZ: -- is not possible.
CHAIRMAN STRAIN: Slow down. Slow down. This poor girl's got to keep up with you.
MR. LORENZ: It's on page 3 of 5 of my e-mail to you this weekend. I'm just reviewing it myself
here to make sure. We simply say that within one year of the effective date of these amendments __
CHAIRMAN STRAIN: There you go again.
MR. LORENZ: -- adopt regulations--
CHAIRMAN STRAIN: Please, slow down.
MR. LORENZ: Got you. So I don't think it -- Wayne, I think -- I think -- I think we can still allow
for that to occur when we do the Land Development Code.
MR. ARNOLD: Okay.
MR. LORENZ: Although -- although there's no question policy language talks about -- the primary
intent is still to retain and protect existing vegetation.
MR. ARNOLD: Okay. I just hate -- I would hate to be shut out of that process.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. I think that it does need to be added -- if we're going to do it, it
does need to be added in 10 because it says the criteria will be based upon the following provision. And
you list four things under 10. I mean, it says it will be based on those four things.
CHAIRMAN STRAIN: And, Bill, if your intent is as you say it is, based on the other policy, it
wouldn't hurt to be clear with this policy in that regard so this kind of discussion doesn't happen again in
the future.
COMMISSIONER CARON: Correct.
MR. LORENZ: I'm -- I'm -- I'm sorry. But I'm looking at 10.
COMMISSIONER CARON: Right.
MR. LORENZ: Okay. I'm talking -- that's -- that's an off-site alternative. That's to be -- that is __
that's not the same. That's not the same alternative for the intent where paragraph 11 is which deals with
restoration or recreation on site. So that's -- that's the distinction I'm making.
MR. ARNOLD: Well, I guess even from my perspective, maybe -- maybe what we end up with is a
situation where you blended both where maybe you've done some. Instead of just mitigating everything off
site, maybe you do want to do some restoration and recreation and get some credit for it. And maybe you
also want to make a monetary contribution based on whatever criteria gets established for land donation
whatever.
I'm just saying I would hate to preclude that as one of the options. And maybe I'm making more out
of it than -- than is necessary here. It jumped out to me that it wasn't implied when I read it.
MR. LORENZ: I see -- I see it as being accommodated by both 10 and 12 ultimately in the Land
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Development Code regulation.
CHAIRMAN STRAIN: But I think that we could fix it there ifit's not as clear here, couldn't we?
MR. LORENZ: We wanted to make these as broad as possible, but still have some guiding criteria
for the -- for the LDRs.
MR. ARNOLD: All right. Then the only other comment that I would make was in response to Mr.
Cornell's comments on the watershed plans. And I just -- not having enough information, not knowing the
full scope of what those are going to be, I would hate to start now adding additional criteria to those before
we even get one defined. Thank you.
CHAIRMAN STRAIN: Thank you, Mr. Arnold.
Any other public speakers, Randy?
MR. COHEN: No, sir.
CHAIRMAN STRAIN: We left off on page 20. We're slowly making our way through this
document. We will break, by the way, around 5:30.
Any questions on page 20?
(No response.)
CHAIRMAN STRAIN: Hearing none, any questions on page 21 ?
COMMISSIONER TUFF: You just have adverse impact. Are you staying with adverse impact or
are we --
CHAIRMAN STRAIN: No. We're changing this one as well.
COMMISSIONER TUFF: Yeah.
CHAIRMAN STRAIN: Number 6 is the same language on the management plan as was previously
discussed on page 16. When I -- my question on that was in a specific preserve area if it's addressed by a
management plan that was created for another state or federal agency, you said as long as it's consistent
with our code, you can't do that?
MR. LORENZ: Correct.
CHAIRMAN STRAIN: Okay. Well, we might -- we just made three pages. How about page 22?
(No response.)
CHAIRMAN STRAIN: Well, this is all new language so it's going faster. Page 23?
COMMISSIONER SCHIFFER: I have a 23.
CHAIRMAN STRAIN: You have a 23?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Number 2 it says an EIS is required for all sites. Isn't --
CHAIRMAN STRAIN: Where are you at?
COMMISSIONER SCHIFFER: Twenty-three, 6.1.8.
COMMISSIONER ADELSTEIN: Almost the bottom.
COMMISSIONER SCHIFFER: Maybe I better check EAC verse. In other words, No.2 would
actually mean everything in the world so...
CHAIRMAN STRAIN: I'm sorry. Brad, would you help me find where you are?
COMMISSIONER SCHIFFER: Bottom of page 23, 6.1.8, No.2 -- A2. God bless you.
MR. LORENZ: Just may -- may I direct your attention to my e-mail.We.ve--we.ve --
recommending a change that the whole policy take -- take you all of that listing out and -- and -- and simply
go with a paragraph statement that you see as double underlined within that yellow highlighted.
COMMISSIONER MURRAY: Up a little louder. I'm not hearing you.
MR. LORENZ: Okay. The -- we're proposing -- the EAC and staff is proposing -- it's issued No.9
the changes to Policy 6.1.8 which is to basically delete all -- every -- all of the enumerated list that we have
there and -- and -- and propose the more general requirements that will develop thresholds in the Land
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COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Well, the -- I'm sorry. Mr. Vigilotti, did you--
COMMISSIONER VIGILOTTI: Oh, I'm sorry. I'm just mumbling.
CHAIRMAN STRAIN: Policy 6.1.8 has been completely rewritten in part and struck in other parts
by the EAC?
COMMISSIONER SCHIFFER: Yeah. I read it before.
CHAIRMAN STRAIN: Okay. Your language -- their language I don't have any questions on. Does
anybody have any questions on the EAC's recommendations for that?
(No response.)
CHAIRMAN STRAIN: Okay. On -- up on top on page 23 we got into a prior discussion about
Policy 6.1.5. And I think it was Richard Y ovanovich or somebody brought up the fact that it shouldn't be
applied to prior ag clearing and clarify the staffs intention on that. I'd like to get that understood at this
meeting now. So maybe staff could -- you had it on the screen at one time earlier.
MR. LORENZ: Yeah. I'm trying to pull it out here, put it up on the visualizer. Bob Mulhere made __
made the point of noting that particular policy initially in the 1989 plan had a ten-year requirement.
CHAIRMAN STRAIN: Okay. This was the one where they wanted to change to it, but you weren't
preparing -- proposing any change. I think the consensus was just to leave it as it is because your -- but the
statement it restates your intentions on that which was not to go back and deal -- and treat prior cleared
lands under this category. Is that generally where we're going?
MR. LORENZ: Right. I think -- I think the point - the
point was was when we -- when the plan became effective, we didn't want to capture everything before the
plan was effective and apply the full 25 years to -- to those and I -- I agree with that. If we need to -- if we
need to put some clarifying language in this policy along those lines, then -- then we certainly can do it. If
not, if we simply just apply it the way we've been -- we've been applying it, then that's fine too.
CHAIRMAN STRAIN: Well, I think your concern was something that hasn't happened then
basically what I'm understanding.
MS. BURGESON: Also it might help for you to know that any ofthose permits that were issued
prior to the change of that number or that language where we require 25 years now, every permit issued
prior to that has a ten-year limitation in the permit itself.
CHAIRMAN STRAIN: Okay.
MS. BURGESON: So we have no intention of changing any of those previously approved permits.
CHAIRMAN STRAIN: Okay. Thank you. That clarifies it. We'll just move on. Page 24, any
questions from the panel?
(No response.)
CHAIRMAN STRAIN: Up on top No.2 it says, "After inspection of appropriate data and
information," do you guys have a better word than appropriate?
MR. LORENZ: Oh, that's -- on page 24 that's all -- still all -- that's all struck through. This is for
Policy 6.1.8?
CHAIRMAN STRAIN: Oh, wait. Okay. I'm sorry. I should have flipped over and looked at that.
You're right. Thank you, sir. How about let's move to page 25 then. Any questions on 25?
COMMISSIONER MIDNEY: Twenty-five, doesn't that include
Brad's -- Brad's point?
CHAIRMAN STRAIN: Yes, that's a good point.
COMMISSIONER MIDNEY: Brad Comell's point.
CHAIRMAN STRAIN: Did -- I see Bill's looking for something. Did Brad leave his language with
you so we can discuss it now that we're to this point?
l~
March 6, 2006
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MR. LORENZ: Right. I just haven't had a chance -- I just haven't had a chance to look at it --
CHAIRMAN STRAIN: Oh, okay.
MR. LORENZ: -- since he left. So--
CHAIRMAN STRAIN: Okay. You'll get as much time as we have.
MR. LORENZ: Right - --
COMMISSIONER TUFF: That's why I don't know if it's appropriate to act on that just -- that's a
big long sentence and --
CHAIRMAN STRAIN: Bill, I'll tell you what, we're going to have a break at 5:30. Why don't we
come back and visit this one at that time and that way you got time during a break to take a look at that
language --
(Multiple voices.)
MR. LORENZ: That'd be -- that'd be a good thing.
CHAIRMAN STRAIN: 6.2.3 we'll come back to. Twenty-six, any questions?
(No response.)
CHAIRMAN STRAIN: Twenty-seven, any questions?
(No response.)
CHAIRMAN STRAIN: We're moving. Twenty-eight, any questions?
(No response.)
CHAIRMAN STRAIN: Whoa. Twenty-nine, any questions?
(No response.)
CHAIRMAN STRAIN: I'm going to break the monotony here. Sorry, fellows. On page 29 the last
paragraph, the struck part says, "Within one year ofthe adoption ofthese amendments," then it goes on,
"Collier County shall continue to work with federal state agencies."
Did we do -- what have we done in that year? Was everything done that was supposed to have been
completed in that year?
(No response.)
CHAIRMAN STRAIN: Basically on page 29, the former No.3 now No.4, was addressing the
properties --
MR. LORENZ: Right.
CHAIRMAN STRAIN: -- that were critical.
MR. LORENZ: -- we had -- we had -- we did not develop any amendments, but we had met with
various agency personnel to discuss some type of scheme to evaluate potential wetland systems in North
Golden Gate Estates. Eventually came around to having Department of Environmental Protection
personnel, who are actually located now in the development services building who go out and do a
jurisdictional assessment for the single-family residences building permits that come in for North Golden
Gate Estates. And so we essentially have utilized that process to ensure that we're -- we're appropriately
identifying wetland systems on those single-family lots within that -- with that process in -- in -- in mind.
That's why we made the change to this saying that we will continue to work with -- with the agencies and --
and -- and go along with our current process. So we didn't -- we didn't feel that we needed to make any
regulatory changes.
CHAIRMAN STRAIN: Well, on the EAC's recommendations, they suggested to delete the
proposed references. They listed plant species and all other policies. Does that mean that -- I didn't see this
one struck. Does that mean the reference to plant listed species would be struck in this one as well?
MR. LORENZ: Yes. I -- I would recommend that.
CHAIRMAN STRAIN: On page 30 any questions?
(No response.)
CHAIRMAN STRAIN: Bill, No.1 at the Policy 6.4.3, this is the county's environmental
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management policies regarding the shared ecological community are consistent with those of the
neighboring jurisdiction. Which one are they talking about? Lee? Hendry? Dade? Broward? all ofthem?
none of the above?
MR. LORENZ: This was a -- a comprehensive planning recommendation. I take it as being -- being
all -- all the jurisdictions, but wherever is appropriate.
CHAIRMAN STRAIN: Do we know that they're consistent with Dade and Broward? And I'm kind
of curious how Dade and Broward have policies consistent to ours based on the way they're destroyed. Of
course, we may be heading down that path too so...
MR. COHEN: Mr. Chairman, the language in the -- in the EAR, in essence, stated that the policy
that was -- as worded was confusing and that's why it was reworded. Evidently, we have made it more
confusing in some respects. The idea there was to provide additional clarity.
CHAIRMAN STRAIN: Well, I mean, fellows, if we're not consistent with neighboring jurisdictions
in this -- it says we are. I'm just wondering if that's the right way to go or we want to make statements that
aren't -- that we don't know to be correct in this document. I guess I have to look to you for suggestions. I
would have thought someone would have pulled up the policies from four or five neighboring counties and
checked them before we got here today.
MS. BURGESON: For the record, again, Barbara Burgeson.
We do attend on a monthly basis the interagency meetings at South
Florida Water Management District's office. And we do coordinate and comment on all of the permitting
processes that they have that are
going through their system. So I can say that -- not that we are consistent with all ofthe adjacent counties
and, again, that would just be on the west coast because these interagency meetings are only attended by
west coast counties and only on a voluntary basis. So for the most part it's Collier and Lee and from time to
time Hendry County, but rarely any -- any other counties. I can't say that we're consistent. I can just say that
we do coordinate at those meetings. So I'm not sure that we want to keep the language in the GMP as
proposed here because we -- we are not currently doing that.
MR. COHEN: Mr. Chairman, you know, I've reread the -- the EAR. And what the purpose is of that
particular provision was to ensure coordination. I think that parenthetical goes way beyond actually what
was in the EAR and it should be stricken.
CHAIRMAN STRAIN: Well, I like your advice. So we're going to strike No.1?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Okay. Then No.2 would have to be reworded then because such
environmental management policies are in compliance with state and federal regulations regarding listed
species. The "such" isn't referring to anything at that point, is it?
MR. COHEN: I don't even believe number -- parenthetical No.2 needs to be included as well. I
think the intent of the policy is more -- more coordination more than anything.
CHAIRMAN STRAIN: Good. Then I think we should strike them both.
Any objections from the panel?
COMMISSIONER MURRAY: Nope.
CHAIRMAN STRAIN: Good. Let's go to page 31.
COMMISSIONER MIDNEY: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MIDNEY: I'm sorry. On page 28.
CHAIRMAN STRAIN: Twenty-eight? Okay.
COMMISSIONER MIDNEY: 6.2.4.4 in parentheses "within the Immokalee urban designated area
there exists high quality wetland." My question is there are -- which wetlands are you talking about? It says,
This area's been identified and is shown on the future land use map of the Immokalee area master plan.
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That hasn't come out yet, has it?
CHAIRMAN STRAIN: I think the revisions haven't come out.
COMMISSIONER MIDNEY: Yeah. Are you talking about the plan that was ten years ago?
MR. WEEKS: Yes, the -- the existing Immokalee master plan.
COMMISSIONER MIDNEY: Because I don't know what wetlands you're talking about. Almost all
the wetlands there are connected to that map including the wetlands that go in the slough south of
Immokalee. And I would like to know more about which ones are included and which ones are not
included. It's upside down.
CHAIRMAN STRAIN: The checkered color is the wetlands, the yellow with the checkered on it?
COMMISSIONER MIDNEY: Yeah. The checkered one, but there's a whole area that's all-- it's the
southwest side ofImmokalee. Are you including that whole area?
MR. WEEKS: Yes.
COMMISSIONER MIDNEY: Everything where it's --
MR. WEEKS: That's running from Lake Trafford all the way to Immokalee Road.
COMMISSIONER MIDNEY: Great.
CHAIRMAN STRAIN: Oh, okay. You like that? I figured we were heading down a slippery slope
somewhere.
COMMISSIONER MIDNEY: What areas then are less valuable? You know, you're saying that
these have a higher protection than other wetlands. What other wetlands are you talking about?
MR. LORENZ: It would be any other wetlands within the Immokalee urban area.
COMMISSIONER MIDNEY: Because that area that you've shown is practically all the wetlands
there are except I guess there are some around the west of the airport and some a little bit north of
Immokalee. Is that what you're referring to?
MR. WEEKS: I'll agree with Bill. It would be any of the other wetlands which are -- tend to be
smaller, and I'd guess you'd call them isolated wetlands as opposed to that slough that you see from running
from Lake Trafford.
COMMISSIONER MIDNEY: Can you specify that so that it is in writing that you're talking about
all the contiguous wetlands to the southwest of Immokalee?
MR. LORENZ: Yes, we can -- we can specify --
COMMISSIONER MIDNEY: Just to clarify that for me.
MR. LORENZ: Yes.
COMMISSIONER MIDNEY: Thank you.
CHAIRMAN STRAIN: Okay. We're on page -- left off on page 31. The EAC really rewrote
Objective 7.1 if I'm not mistaken and 7.16 which seemed to be the two policies on that page. I don't -- I
didn't have any questions from the EAC's handout. Did anybody here?
(No response.)
CHAIRMAN STRAIN: Okay. Page 32?
(No response.)
CHAIRMAN STRAIN: Page 33?
(No response.)
CHAIRMAN STRAIN: I have a question to somebody. Number 1 at the top of page 33, Collier
County Sheriffs Office will continue to
stop vehicles with visible exhaust emissions and issue warnings or tickets to the operators of such vehicles
requiring that the vehicles be repaired. Is there something you could consider changing this to that would
read, "The Collier County Sheriffs Office will continue to enforce exhaust emission standards"? Because
I'm not sure that visible exhaust emissions are a reason to pull someone over and issue a ticket. And I think
that's really the jurisdiction of the sheriffs department. I drive a diesel truck, and I'm really concemed about
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getting stopped when I leave here tonight.
COMMISSIONER CARON: That's what we were hoping for.
MR. LORENZ: That's why the language was put in.
CHAIRMAN STRAIN: Okay. Maybe I don't come back, huh?
COMMISSIONER ADELSTEIN: Do you think they'll do that?
CHAIRMAN STRAIN: Would -- do you have any problem with making that language reference
the exhaust emission standards or laws whatever --
MR. LORENZ: I think that's better.
CHAIRMAN STRAIN: Okay. Any objection from the panel?
COMMISSIONER SCHIFFER: Good point too.
CHAIRMAN STRAIN: Okay. Anything else on page 33?
(No response.)
CHAIRMAN STRAIN: Page 34?
(No response.)
CHAIRMAN STRAIN: Page 35?
(No response.)
CHAIRMAN STRAIN: Now, before we go to page 36, there's a gentleman coming to the podium,
Randy. Did he have a ticket in to talk or speak?
MR. COHEN: He has a ticket but not with any specific items on there so...
CHAIRMAN STRAIN: Sir, can we help you?
MR. WOODRUFF: Andy Woodruff, again, for the record.
CHAIRMAN STRAIN: Okay.
MR. WOODRUFF: I just wanted to be sure that on -- on Objective 7.1 that I know that Bill had
already spoken to this I believe at the beginning of the meeting, but I didn't hear it repeated again. The
listed species -- the listed plant was being taken out?
COMMISSIONER CARON: It is.
CHAIRMAN STRAIN: There was EAC recommendations that -- and when we got to that one, this
panel didn't have any objection to so...
MR. WOODRUFF: Okay. All right.
CHAIRMAN STRAIN: And that does take them all out.
MR. WOODRUFF: Okay. Thank you.
CHAIRMAN STRAIN: Page 36?
(No response.)
CHAIRMAN STRAIN: I have a question on 10.1.7 the last sentence. The way this reads it seems
that if you have an ST overlay -- even if you have a -- if you have a home on a bar -- on a barrier island, for
example, you have one of those homes on one of the islands out there, you have to go to the BCC for
approval? Is that what you were intending?
MS. BURGESON: That's currently the process that's in place right now that ST permits are
obligated unless they fall under the -- there's exception -- or exemption criteria in there. If it -- if they don't
fall under the exemption criteria, then they do have to go to -- actually to the EAC, the Planning
Commission and the board. There is the ability for that to be staffed administratively issued if they can fall
within the criteria that's in the code.
CHAIRMAN STRAIN: Is the single-family home excepted from that or is that required of a
single-family home?
MS. BURGESON: That's right now required of a single-family home.
CHAIRMAN STRAIN: Well, okay.
MS. BURGESON: We've attempted in the past to modify that process and to actually not have to
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require those. ST permits are the only permits that have to go to all three boards when -- when they're
processed. And we requested an amendment to the Land Development Code probably about seven or eight
years ago to modify that and simplify that and reduce that to one board or possibly two boards. And we
were told to leave it as it was. So it may be time to look to make that change again.
CHAIRMAN STRAIN: Well, I'm just trying to think of the practical sense of a person in a
single-family home trying to get through this process for just a single-family home. It makes sense when
you're into larger rezones. Does adding an exception for a single-family homesite, is that a problem so that
it wouldn't have to go through that -- through this three-board process.
MS. BURGESON: Well, that -- again, that -- that can be done in the LDC, I believe. I mean, we've
-- we've attempted to simplify that.
CHAIRMAN STRAIN: So you're thinking this -- to make exceptions like that, that's where we
would address it, in the LDC instead of here? Okay.
COMMISSIONER CARON: And don't you -- you already have criteria--
MS. BURGESON: Yes.
COMMISSIONER CARON: -- in the LDC? Yeah.
CHAIRMAN STRAIN: I just want to make sure.
(Inaudible conversation.)
MR. COHEN: Mr. Chairman, we do have a speaker on this particular item as well.
CHAIRMAN STRAIN: Okay. Who is that?
MR. COHEN: That would be Tony Pires.
CHAIRMAN STRAIN: I can't see him. He must be rather short.
MR. COHEN: He'll be -- he'll be with you shortly.
MR. PIRES: Try to keep it brief.
CHAIRMAN STRAIN: It's late in the day, Tony.
MR. PIRES: Not late enough obviously. We're still pretty sharp.
Tony Pires for the record. Thank you very much.
My request would be that with regards to the single-family homes in the ST area -- and it sort of ties
in later on when we talk about Section 10.3.14 -- with regards to the suggestion later on that all new
development proposed on coastal barrier systems be reviewed through the county's existing special
treatment zoning overlay and, again, a hearing by the county commission. And I -- maybe I missed it when
I was going through land development code, but I was going through all the criteria for, you know, the site
__ the reviewed determination -- the development reviewed determination for the ST overlay by itself. I
didn't see any chapter in the Land Development Code that addressed that. I saw it for the area of critical
state concern ST, but I didn't see it for the ST, per se. So I guess, once again, I'm talking specifically about
the Keewaydin area but also right now under the ST zoning overlay is proposed in Policy 10.1.7. Anybody
with an ST designation I guess would have to come to the county commission. And I guess staff is saying
anybody even a single family -- a person desired to build a single-family home or a pole barn in an
agricultural area, that ST has to go before the EAC, the Planning Commission and the county commission?
CHAIRMAN STRAIN: The only -- the only question I have is we've been on this -- I've been on
this board a few years now. I haven't had a single-family home come through for an ST. Is that because just
no one's doing it?
MS. BURGESON: No. No. It's because most ofthem do qualify for that administrative processing
that staff --
CHAIRMAN STRAIN: Okay.
MS. BURGESON: -- can--
MR. PIRES: But this would seem to eliminate that administrative processing I guess because
they're saying now that you look to the comprehensive plan, CCME for the criteria. And that goes back to
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later on too in 10.3.14. It says, "Objective 10.3 and its accompanying policy shall serve as criteria for such
review." I guess I'm confused. If it's going to be administrative, we need to make clear in the CCME that it's
administrative where certain people may qualify and not just say look to the comprehensive plan. It seems
to muck it up a bit more in my -- in my mind.
CHAIRMAN STRAIN: Bill, if you go forward to 10.3.14 on page 38, it says in the second--
second sentence, "Objective 10.3 and its accompanying policies shall serve as a criteria for such review."
MR. PIRES: And then again at the end it says, "as determined by the Board of County
Commissioners after public hearing." So again it may be either giving the administrative process in the
LDC, but they're taking it away by the Growth Management Plan CCME element.
CHAIRMAN STRAIN: Well, if you were to strike the language in that sentence Ijust read--
MR. LORENZ: Or maybe a -- because looking at it, I'm not sure how much -- how much the
language even adds to what currently exists. It may be that we simply just don't -- just -- just don't add any
new -- any new language at all.
MR. PIRES: Sometimes that's a good thing, yes.
CHAIRMAN STRAIN: What paragraph are we talking about?
MR. LORENZ: 10.1.7. Now, you mentioned 10.3.14 it looks as
though -- and I'll kind of look to David to see if this was -- seems as
simply a parallel policy because we have one -- the one we have is un
-- undeveloped coastal barriers. The other is developed coastal barriers. So there's parallel language in here.
But I would -- I would suggest that we -- that we keep 10.1.7 as the existing language as 10.1.9 because it's
been renumbered. And then utilize that same language for 10.3.14.
MR. PIRES: When we get to 10.3.14 I'll -- I may have some comments on that also.
CHAIRMAN STRAIN: Thank you.
MR. PIRES: Thank you, Mr. Chairman. Thank you, Bill.
CHAIRMAN STRAIN: So, Bill, what you're saying on 10.1.7, all the underlined and strike -- the
underlined would go away and the strike-throughs would reappear?
MR. LORENZ: Correct. We just default back to the existing language.
CHAIRMAN STRAIN: So it would read, "These policies shall serve as criteria for the review of
proposed development in this" -- in the ST -- no, that's underlined. In the ST --
MR. LORENZ: But that ST designated lands.
COMMISSIONER CARON: ST doesn't mean --
CHAIRMAN STRAIN: Okay. Because the cross through -- okay. So that's all that would -- so
10.1.7, in essence, then gets struck in this -- in this --left as unchanged?
MR. LORENZ: Correct.
COMMISSIONER CARON: But, again, the policies aren't here.
CHAIRMAN STRAIN: Right.
COMMISSIONER CARON: So all you really need to do whether you change that language or not
is just direct people to the LDC; correct?
MR. GRIFFIN: I think -- excuse me, Mr. Chairman. I think the reference to these policies is the
policies above in this -- in this text.
MR. LORENZ: And it could well be that on a -- on a coastal barrier where you have an ST that
you'd still want to apply these -- these policies to it. So I think it would be appropriate to have that
reference.
CHAIRMAN STRAIN: Which reference -- to the LDC?
MR. LORENZ: No, that these policies.
CHAIRMAN STRAIN: Oh, okay.
MR. LORENZ: The existing language.
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CHAIRMAN STRAIN: Fine. Does anybody have any objection to revert 10.1.17 David?
MR. WEEKS: Might I suggest that we -- we simply delete the added sentence but leave the first
sentence as it's proposed to be changed. For one thing it corrects the terminology. These lands are not
designated ST. Usually we use the term "designation" in reference to future land use map. Special treatment
zoning overlay district is the correct terminology. I would suggest just leaving the first sentence as it is
presented to you with the recommended changes and simply delete the whole second sentence that was
proposed as an addition.
CHAIRMAN STRAIN: Okay. But that says then that Objective 10.1 in these -- and these policies
shall serve as criteria for the review of the proposed development within the special treatment zoning
overlay district. Now, we're back to these policies. Is it referring to these policies as implemented in the
LDC?
MR. GRIFFIN: Mr. Chairman, it says Objective 10.1 which, in fact, this is the subsection of that.
CHAIRMAN STRAIN: Right.
MR. GRIFFIN: And its accompanying policies is what Mr. Weeks is suggesting which would say
that everything -- you read of everything above here to determine what -- what applies.
CHAIRMAN STRAIN: Right. What I was more concerned about it where it says, Shall serve as
criteria for the review of the proposed development. When the concern is that the land development code
has implementing language that really is the criteria for the review of the proposed development in regards
to how it's processed. I think that's where the issue is.
MR. LORENZ: Right. We would not -- we would not want to have these policies serve exclusively
as criteria, but they should be -- they should be criteria to be considered.
CHAIRMAN STRAIN: Okay.
MR. COHEN: Mr. Chairman, that -- that language is consistent with the EAR. We may want to put
a modifier in front ofthe word "criteria" and Bill may want to help me out with that basically to -- to
protect the integrity of the LDC.
CHAIRMAN STRAIN: The policy criteria? Something like that, but -- I just want to make sure it
doesn't preclude the people falling back to the LDC for understanding what they can and can't do in these
areas.
Does anybody have any objections with this paragraph 10.1.7 reverting to the language that David
has indicated?
COMMISSIONER ADELSTEIN: I don't.
COMMISSIONER MURRAY: Which means to strike the second sentence?
CHAIRMAN STRAIN: Basically, yes. Okay.
Further down on that page, Bill, you've got the last line, it says, "Developments that provide public access
to beaches, shores or waterways shall be eligible for credit." Shouldn't that be "may be eligible for credit"?
MR. LORENZ: This was a comp planning change, but I'm not even sure where we have the actual
credits for recreation and open space that's -- that's been developed. But certainly I would think that may
would mean that if you follow certain criteria, wherever that criteria is outlined, you may receive it but you
not necessarily have to. So I think that would be an appropriate change.
CHAIRMAN STRAIN: Thank you. Page 317
COMMISSIONER SCHIFFER: Are we going to go with "may" or "shall"?
CHAIRMAN STRAIN: Well-- well, I thought they -- yeah. Everybody nodded on that end. But on
this end, anybody objecting to using the word "may" instead of "shall" there?
COMMISSIONER SCHIFFER: I mean, I'm a fan of shall. I mean, if someone's going to provide
access to the beach through their property, I mean, even if it's a small walkway, I think we should support
that. I mean, what kind of criteria would you put on it with the may? You don't have any now.
MR. LORENZ: I -- I -- I'd have to look at some other
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department that -- to flesh it out, the details. I don't --
CHAIRMAN STRAIN: If someone comes in with a rezone and volunteers to provide beach access,
why would we want to give them impact fee credits if they're volunteering to provide us with something?
This would require us to.
COMMISSIONER SCHIFFER: Well, I think the goal of this is to encourage people to provide
beach access on their private projects.
CHAIRMAN STRAIN: They can't -- I don't think anybody's going to get away with not providing
beach access nowadays to be
honest with you.
MR. LORENZ: Well, I guess all I'm -- my -- my point is that -- is that if you say shall, that kind of
makes -- makes it any time they provide -- provide any degree of access and it may not be the kind of
access or the amount of access that would generate a particular set of credits. So that seems to me that that
was what we want to flesh out. And the may would -- would -- would allow us to flesh it out further.
COMMISSIONER SCHIFFER: All right. I'll go with it.
CHAIRMAN STRAIN: You'll go with it?
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Anybody else objecting to the word "may"?
COMMISSIONER MURRAY: No, may is appropriate.
CHAIRMAN STRAIN: Okay. Page 37?
(No response.)
CHAIRMAN STRAIN: Bill, on page 37 10.3.4 fourth line, "Only if the establishment of such use
would not substantially alter the natural characteristics and natural functions of the undeveloped coastal
barrier system." But if you go to the next page on Policy 10.3.12, "substantial alteration ofa natural grade
of underdeveloped barrier islands through filling or excavation shall be prohibited except" -- so I'm just
wondering if these are consistent in the way they're written. In one regard it says that not substantially
allowed. Then the other one it seems to say just the opposite. Now, maybe I'm reading them wrong.
MR. LORENZ: Well, I read it as long as it is -- as long as it is accepted through an approved dune
or beach restoration program, that that would be appropriate. So for instance in our beach re __
renourishment project that we have occurring right now, that project would be allowed to occur because it's
part of a -- an approved program. So that's how I'm reading the two together.
CHAIRMAN STRAIN: So it's because of the word -- because it's an approved public development
plan? Is that why?
MR. LORENZ: 10.3.4 limits the public expenditures --
CHAIRMAN STRAIN: Right.
MR. LORENZ: -- to that -- to that policy language. Ten -- Policy 10.3.12 talks about whether it's
public or private.
COMMISSIONER MIDNEY: What about if you were paying money to allow beach access, say, to
Keewaydin Island, would this run afoul of this ordinance if you were going to be -- you're talking to alter
the natural characteristics. Would that be -- that it would disturb nesting birds?
MR. LORENZ: I would think so.
COMMISSIONER MIDNEY: Thank you.
CHAIRMAN STRAIN: Bill, it says that -- I'm trying to get to understand your reasoning on this. If
public expenditures can only be allowed if the establishment of such would not substantially alter the
natural system, natural characteristics and natural functions. And on 10.3.12 it says that they are allowed as
part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4 above. It
just seems contradictory.
MR. LORENZ: Well, I guess I'm -- I'm focusing a little bit on the fact that -- that in a -- in a -- in a
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dune or beach restoration program, you are altering the -- the grades. You are -- that's -- that's the whole
point of doing that. So -- but it's part -- but it's part of an approved restoration program. It's not simply
doing it because you need to get some additional grade for fill for a -- a footprint of a building.
CHAIRMAN STRAIN: Could you do that if it substantially altered the natural characteristics and
natural functions of the coastal barrier island?
MS. BURGESON: I think that you would find that you would not get any permits from the state or
from any agencies if you were substantially altering the natural characteristics of grade. The -- and -- and
maybe we want to say in here or point to -- any of those beach and dune restoration programs may
temporarily substantially alter those as they're going through that process. But the final product ofthe
permit would not be a substantial alteration ofthe beach or dune system would be an improvement or -- or
__ or some -- because the point of those systems or those -- those permits is to -- is to have a final benefit of
the --
CHAIRMAN STRAIN: So it's the benefit that's either substantial or nonsubstantial?
MS. BURGESON: I think it's -- I mean, I think that's -- as I'm reading it that's the --
CHAIRMAN STRAIN: The alteration could be substantial, but it's the benefit that you're weighing
whether it's substantial?
MS. BURGESON: Or the final-- or the final alteration.
MR. LORENZ: Or if you -- or if you say "would not substantially negatively alter the natural
characteristics." Maybe that's the -- maybe the placement of a negative in there or something. Or adversely
be -- that -- that concept. Because, again, the -- the approved permitting process would -- would -- you
would get an -- you would get an approval because you -- you are providing a benefit.
CHAIRMAN STRAIN: Okay. Mr. Midney.
COMMISSIONER MIDNEY: Wouldn't you actually, though, be doing beach renourishment on an
undeveloped coastal barrier system? All the beach renourishment I've seen has always been on the beaches
that are developed.
MR. LORENZ: I'm not sure ofthe answer -- answer to that question. Typically they -- they are.
Now whether -- whether at some particular point you may have to do something to a -- to an undeveloped
barrier with regard to your permitting to ensure that -- that on your developed portion things will work
appropriately. In other words, there's -- there's -- some -- some synergism that has to occur in -- in the
design and development process. But I'm -- Barbara says she's got an example so I'll let her cover it.
CHAIRMAN STRAIN: Okay.
MS. BURGESON: A recent example of this would be -- and I believe it was an ST permit that was
issued for a residence on Keewaydin Island where the only way that they can access the property is to -- is
__ is to bring equipment in from -- from the -- the gulf side and bring that material over the current dune and
then -- in order to do that construction of that single-family home. And then you would obligate them to
restore that to a dune -- to a dune -- to do a dune or -- and/or beach restoration after the fact on that.
COMMISSIONER MIDNEY: That's sensible.
CHAIRMAN STRAIN: Okay. I don't have anything else on this. Page 37,10.3.8, I believe was
already addressed by the EAC. That was a big one, but they took care of it. I don't see any -- I think their
corrections are noted.
MR. COHEN: Mr. Chairman, we have a speaker on 10.3.8, Mr. Pires.
CHAIRMAN STRAIN: Mr. Pires, are you aware of the changes by the EAC?
MR. PIRES: Yes, I am. And at first flush I thought they were fine, but I guess I just have some
questions. I'm not sure the introduction of the -- of the term "previously undeveloped coastal barrier island,"
because the terminology -- and the words mean anything. The terminology before was, Undeveloped
coastal barrier systems. And that would be -- for example, undeveloped coastal barrier systems would be
part of Wiggins Pass, Clam Pass, part ofKeewaydin. You have developed coastal barrier islands. You have
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developed coastal barrier systems. For example, the Ritz Carlton is actually a developed coastal barrier--
part of a coastal barrier system only because I know back in '84 when I was in house with Westinghouse,
we had to go up to D.C. and show the Department of Interior the aerial photographs of the eight-story
construction phase then at the Ritz Carlton and the roads going through it, water and sewer when the
Federal Government was calling that an undeveloped coastal barrier system back in 1984.
But, regardless I'm not sure what it means by previously undeveloped coastal barrier islands. Does
that mean some place -- which do we have? Is it Vanderbilt Beach a previously undeveloped coastal barrier
island because it's now developed? I'm wondering what this does. I'm wondering why not leave it as it is?
I'm wondering what the rationale is.
CHAIRMAN STRAIN: There might be a better solution if you take the Policy 10.3.8 and use the
following words that were struck, development density on undeveloped coastal barrier systems shall not
exceed one dwelling unit per five acres or as already allowed for established legal nonconforming parcels
oflots of record. Would that clean it up?
MR. PIRES: Or I'm just wondering why the change. I'm just --
CHAIRMAN STRAIN: Well--
MR. PIRES: It's been around since 19 -- January of 1989 when this was first adopted I believe this
language has been there. And I think this works fine. Are there any conflicts, Bill, that we've had?
MR. LORENZ: No. We were just looking at what the previous staff member had put together and
there was no reference of why that's the case. And I agree with you. It doesn't seem to make sense to call it
previously.
MR. COHEN: The -- the rationale in 10.3.8 was to incorporate the density of the four units per
acre. And what I would recommend is that we modify the existing language where it says, Shall not exceed
the lowest density provided, to incorporate that four units per acre and just come up with a substitute
language. And that way the intent would be, you know, still with what's as -- as -- as __
CHAIRMAN STRAIN: Incorporate the four units per acre? You mean incorporate -_
MR. COHEN: Shall not exceed a density of four units per acre.
CHAIRMAN STRAIN: No. No. No.
(Multiple speakers.)
MR. PIRES: The new language.
MR. COHEN: Well, I was just referring to the EAR and what it stated.
CHAIRMAN STRAIN: No. Look at the EAC's recommendations, Randy. That's where we're
working off of, I think.
COMMISSIONER SCHIFFER: But, Bill, the intent was not to mean all the land on the barrier;
correct? The intent it to mean any land that isn't developed yet. Because previous undeveloped describes
everything.
MR. WEEKS: I can answer. That -- that's correct. That was the intent. In going -- in further
answering that, staff erroneously had put the four dwelling units per acre because that's the base density
allowed within the urban area. That was erroneous because all of these barrier islands, un -- undeveloped
barrier islands are designated conservation. And they're either zoned conservation or most cases a rural
agricultural. So we -- we -- we realize that error. It was also pointed out to us by, I believe, Nicole Ryan. So
we made that change as you see that the EAC has endorsed. Excuse me.
The other thing about the existing language, it was difficult to implement because there is no
minimum density established in the growth management plan. We have maximum densities. Maximum
density of one unit per five acres and the conservation or rural -- agricultural rural designation. The base
density in the urban areas is four units per acre but no minimum density exists.
I think what EAC has put forward is sufficient other than I think the issue that Mr. Pires has raised.
And I think that goes back to -- to do we want to use the phrase, "Previously undeveloped coastal barrier
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islands" or go back to the existing language, "Undeveloped coastal barrier systems." In'm correct, that's his
point. I would have no objection to retaining that old phrase.
CHAIRMAN STRAIN: I think the old phrase actually serves us better. It's been tried and true and
tested for a long time. Anybody have objection to staying with the old phrase?
(Multiple voices.)
COMMISSIONER SCHIFFER: Just the word system.
CHAIRMAN STRAIN: Just a second. One at a time here.
COMMISSIONER MURRAY: Sorry.
CHAIRMAN STRAIN: Mr. Murray first then Mr. Schiffer.
COMMISSIONER MURRAY: Just as long -- are we supporting the one dwelling unit per five
acres?
CHAIRMAN STRAIN: Yes.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Does the word "system" mean the same as islands or what is --
what's a barrier system?
MR. PIRES: My fuzzy recollection from many years ago is to include like estuaries and bays and
islands in the whole -- it's a system. Once again, it's not just a per se island. It's much more complex.
CHAIRMAN STRAIN: For the record, that's Mr. Pires.
MR. PIRES: Thank you. With the fuzzy recollection and short recollection.
COMMISSIONER SCHIFFER: But would then -- I mean, what would they be calculating to get
the acreage? I think we have an ordinance that doesn't allow land below sea level or below mean high water
to be counted.
CHAIRMAN STRAIN: That's -- that's just as the LDC allows acreage to be counted. It would apply
there as well as anywhere else to be counted.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: I don't think it would be any different.
COMMISSIONER SCHIFFER: Okay.
MR. WEEKS: You're correct that the LDC -- which differs from the future land use element -- but
the LDC for density purposes would exclude "entirely influence wetlands and marine wetlands for density
calculations."
COMMISSIONER MURRAY: Sounds good.
CHAIRMAN STRAIN: Well, then let's move on.
MR. WEEKS: Mr. Chairman, I want to go over and make sure we've got this clear then. So for this
Policy 10.3.8 the CCPC is endorsing it as recommended by EAC with two changes: Delete the word
"previously" and change the word "islands" to "systems"?
COMMISSIONER CARON: No. We didn't say anything about previously. Just system. Just
changing islands to system.
COMMISSIONER SCHIFFER: Well, we don't want previously in there.
CHAIRMAN STRAIN: We don't want previously in there either.
COMMISSIONER SCHIFFER: The whole country's previously.
CHAIRMAN STRAIN: Well, David, my understanding was we just take the old language that's
been crossed out. "Development density and undeveloped coastal barrier systems shall and plug that into
the first line of the EAC recommendation" and then pick up the second and third line.
MR. WEEKS: Okay.
COMMISSIONER MURRAY: Mr. -- Mr. Chairman, I do have a question. How would then -- how
would we see Keewaydin Island? Is it developed or an undeveloped coastal barrier island?
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March 6, 2006
COMMISSIONER SCHIFFER: Some lots are, some lots aren't.
CHAIRMAN STRAIN: Yeah, with a system, it's not an island we're referring to. We're referring to
the system.
COMMISSIONER MURRAY: Because the system allows then, yes?
CHAIRMAN STRAIN: I think the word "system" brings in not the whole island, but just each lot.
COMMISSIONER MURRAY: Of course. So it's more restrictive.
CHAIRMAN STRAIN: I think the word "system" is intended to be. You guys tell me. You're the--
MR. WEEKS: I would refer to Bill ifhe disagrees. I would characterize Keewaydin as an
undeveloped coastal barrier island or part of a system.
COMMISSIONER MURRAY: Okay. That's what I was hoping. I appreciate.
MR. WEEKS: Furthermore, I can tell you that it's designated conservation that portion within the
county. And, again, it is zoned agricultural and -- and conservation both of which -- all three of which limit
density to one unit per five acres or per legal nonconforming lots.
COMMISSIONER MURRAY: That -- that's what I wanted to understand. Thank you.
CHAIRMAN STRAIN: Consensus is to change the first line of the EAC recommendation to the
original language that was in Policy 10.3.8 up to the word shall and leave the second and third line in the
EAC recommendation. Okay? Anybody? Everybody understand that? Are we okay? Good.
COMMISSIONER ADELSTEIN: And we're still going to use the four units per --
CHAIRMAN STRAIN: No. No. 1.5, that's the big thing.
COMMISSIONER ADELSTEIN: Got it.
CHAIRMAN STRAIN: Okay. On page 38, I think we'll get there today, get done tonight. Page 38,
any questions from the commission?
(N 0 response.)
CHAIRMAN STRAIN: My first issue is Policy 10.3.12. Why has it been struck?
MR. COHEN: The EAR provided two recommendations within 10.3.1.2 because of other conflicts
with other provisions within the CCME. One was to either strike it or to revise it. I didn't work on this
particular policy. It was stricken by Mr. Heath, 10.3.1.2.
CHAIRMAN STRAIN: Mr. Heath, H-e-a-t-h, I believe. He's no longer here.
COMMISSIONER CARON: What were the conflicts?
MR. COHEN: The conflicts aren't cited in the EAR.
CHAIRMAN STRAIN: Because what this would require anything but a single-family house would
come back before the various boards for approval; right?
MR. WEEKS: This -- this actually was an issue identified in the past for a few different projects
where the County Attorneys' Office has advised us we cannot mandate PUD zoning. We can encourage it,
but we cannot require it. And that's the reason we deleted it.
CHAIRMAN STRAIN: Okay. Then if someone was on a barrier island and they -- which is zoned
ag or conservation, if they wanted to do anything but a single-family dwelling, would they have to seek a
zoning change?
MR. WEEKS: If the use they're proposing is not allowed in their existing zoning, that ag or
conservation then, yes, they would.
CHAIRMAN STRAIN: Okay. So they'd be stuck for both uses and conditional uses in ag or
conservation?
MR. WEEKS: Right. I'm trying to think of a zoning district. I don't know, maybe the CF,
community facility, maybe -- maybe that's a zoning district that would be consistent with conservation
designation, therefore, could be allowed.
CHAIRMAN STRAIN: Okay. So if they had the option because of the underlying ag zoning to
come forward under a conditional use there, we can't force them by law to go into a PUD format?
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MR. WEEKS: Right. This issue actually came up recently with the -- well, I'm not sure if it's come
before this body yet or not -- a conditional use request on Keewaydin for a let's call it a yacht club or some
type of a recreational type use. And they have submitted a conditional use application. And at issue was this
very language here. You know, one side is saying this isn't even the right process. They should be filing a
PUD.
And staffs position was we understand that we cannot legally require PUD zoning and we have an
established process in the Land Development Code for conditional use. It's a public hearing process. The
same hearing bodies are -- are going to hear this. It's going to go through the same hearing process,
therefore, conditional use is the appropriate mechanism. And, again, because we cannot mandate PUD
zoning, we need to get rid of this policy. It simply cannot be enforced.
CHAIRMAN STRAIN: Is there any speakers on this matter? I see the -- Tony Pires rising.
MR. PIRES: Tony Pires, again, for -- I understand what David's saying and I've heard that
discussion before. Just for historical note, this language was in the original January 1989 adopted that I
guess natural resources element was what it was called. And at that time it was part of Policy 11 and
Objective 11. And this language has been in existence since that time to my knowledge and has not been
changed or revised at all.
In fact, there's an interpretation I think in '90 or '91, a staff formal interpretation of that provision
with regards to requiring this. I've not seen the case or been cited to the case that the county -- the staff
indicates the County Attorneys' Office indicates would preclude the utilization of this provision to require a
PUD to be used and anything other than for single family.
I have heard the argument made, however, that particularly on the parcel on Keewaydin is that the
Land Development Code requires that there be a minimum ten acres to have a PUD. This provision in the
CCME requires ten acres. The parcel at issue is less than ten acres. And so, therefore, they're going through
the conditional use process. And my suggestion would be is to keep this language. And in the Land
Development Code in Section 4.07.02A, that's where the minimum acreage requirement for PUD districts
exist, but there are exemptions. And what I would suggest is leave this language in absent -- you know, I've
not seen a formal opinion from the County Attorneys' Office. I've heard that from David or I've heard that
from others that they said, we cannot make them go to PUD. I'm not sure when the case came up between
'89 and 2006 that said you cannot require a PUD. Ifit was legally sufficient at the time of adoption -- and
I'm sure it was passed upon for legal sufficiency. Unless there's been a case since that time that I'm not
aware of, and Randy may be or Steve may be, I would suggest we keep it in there and change the Land
Development Code if need be to provide an exception to minimum acreage for development in coastal
barriers.
Thank you.
CHAIRMAN STRAIN: Before -- one thing that may help on this is I'm not going to put Steve on
the spot for the research on this legal language tonight.
MR. GRIFFIN: Thank you, Mr. Chairman.
CHAIRMAN STRAIN: But I would like to defer comments on the reinstatement of 10.3.12 until
such time that we meet in the future when the County Attorneys' Office would have enough time. And that
would mean, like, Wednesday or Thursday to come back with at least a reading on this as to what they
think the legal issues are so that we legally know if we should delete this or not since the basis seems to be
the County Attorneys' Office. Okay? Will that work?
MR. WEEKS: Further comment that if the opinion is that -- if I'm mistaken in the opinion, then
staff would recommend that we change the word "require" to "encourage." We simply see no reason to
mandate someone to go through the PUD process, just simply don't see what the benefit is. Any use that's
allowed on these properties other than a single-family home either is going to be allowed by -- as a matter
of right or is going to be allowed through a conditional use process. Again, that is a public hearing process.
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The same hearing bodies, EAC, you, Board of County Commissioners, would -- would still weigh in on --
on -- on that petition.
CHAIRMAN STRAIN: To do it right we need that legal interpretation, so let's just put this offwith
one of the ones we're going to deal with on another day.
Anything else on page 38?
(No response.)
CHAIRMAN STRAIN: Page 39? Oh, Mr. Pires, you're popping up again.
MR. PIRES: If I may?
MR. COHEN: This supposedly is the last time too; right?
MR. PIRES: Yes, except for a public service announcement at the end. Bruce Anderson gave me a
sheet on something else.
MR. COHEN: I'm just kidding.
MR. PIRES: I understand, Randy.
CHAIRMAN STRAIN: Go ahead.
MR. PIRES: It's the -- thank you, Mr. Chairman, and members of the Planning Commission. Policy
10.3.14, we've discussed that earlier. I -- I would suggest hopefully that consistent with what was
previously -- provision previously to Policy 10.1.7, I would suggest we delete the third sentence in it's
entirety. I think that would be consistent with what was done before. Because, again, it seems like the last
line for that calls for a hearing before the county commission.
And, secondly, the way it's written it says, All new development proposed on coastal barrier
systems. That includes apparently developed and undeveloped will have to go through an ST process. And
I'm not sure what new development is. If you have a piece ofland that, say, was cleared. They knock down
an old hotel and let it sit for two years and they wanted to come in and build a new condominium and it
happened to be on the beach and it didn't have any vegetation, but just, you know, weeds and grass that
grew in the meantime, would they have to go through that ST process? It doesn't differentiate between
developed and undeveloped coastal barrier systems. It just says all new development proposed.
So if you have -- where the Ritz Carlton is is a developed coastal barrier system. Where Vanderbilt
Beach is I'd say that could be construed as such. So I'm not sure what, again, what this is driving at. If it's
driving at, say, we have land out there that's relatively pristine or needs to be protected, go through the ST
process. But if we're talking about developing or redeveloping already improved property, I'm not sure why
it should go through the ST process.
CHAIRMAN STRAIN: But iflO.1.7 addresses the same issues, why is 10.3.14 even exist in here?
COMMISSIONER CARON: It wouldn't. (Inaudible.)
MR. LORENZ: I think 10 point -- 10 point -- 10.1 or 10.1.7 is associated with Objective 10.1. 10.1
addresses developed coastal barriers. 10.3 addresses undeveloped coastal barriers. In the -- just as a
framework in -- in kind of the pecking order of priorities and being around during the 1989 plan
development, there was some additional layering of protective restrictions in the undeveloped coastal
barriers. So that's -- that's -- I mean, that's -- that's just the basis for which this whole Goal 1 0 was -- was --
was established.
So I think that there was a recognition that there was an -- there was ST zoning on both developed
and undeveloped coastal barrier systems or coastal barrier islands. And there was a recognition certainly in
10.1 that there needed to follow the ST zoning process. I believe that there was -- it looks like there was --
there was -- there was a lack of that. Well, 10.3.13 is crossed out and talks about these policies shall be
implemented through the existing ST zoning procedures. So this was just another way of redrafting 10.3.13
for undeveloped coastal barriers.
CHAIRMAN STRAIN: The concern about how extensive this could apply, like, the docks or small
functions like that, is that a valid concern?
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MR. LORENZ: I think it is. I think -- I think within the redrafting of this when it says, "All new on
their underdeveloped coastal barriers is" -- that's what it means is all new. And that would be the
implication.
Now, we have discussed in terms of the EAC, for instance, of bring up the single-family homes.
And I know I brought this to the EAC a couple of times with regard to the EIS provisions. And -- and--
and their position is that even for single-family -- single-family homes on undeveloped coastal barriers, in
fact, I think you're going to see one that's come -- that will come through. It's a boat dock. And that is going
through the ST provisions. And so the undeveloped coastal barrier islands is -- is to be -- to receive a very
much a higher level of scrutiny than anyplace else in the county. And that certainly wasn't envisioned in the
'89 plan. I think this is carrying that -- that -- that -- that priority through for this plan as well. But -- but that
would be -- but that would be the -- the requirement.
MR. PIRES: Mr. Chairman, I think -- don't necessarily disagree with the undeveloped coastal
barrier and the ST and following that process. We had that discussion earlier I thought, but the word
"undeveloped" does not appear in 10.3.14. It just says, "All new developed proposed on coastal barrier
systems." I think it's the term "undeveloped" was inserted would pick up what Bill was intending.
MR. COHEN: Mr. Chairman, we all concur and we believe that inserting the word undeveloped in
front of coastal would be appropriate.
MR. PIRES: And -- and deleting the third sentence, the third long sentence that talks about coming
before the county commission. Again, we would use -- the discussion before I think would be consistent,
whatever process is in existence now would be used.
CHAIRMAN STRAIN: I think that's a good solution. We deleted that sentence in a prior one for
the same reasons. And then if we do insert that undeveloped language as Randy just indicated, that would
work. Anybody on the panel have a problem with it?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Good. We'll take a ten-minute break. We'll be back at 5:28.
(Short recess was taken.)
MR. COHEN: You have a hot mic.
CHAIRMAN STRAIN: Okay. Thank you. We left off on page 38. So I think we can move on to
page 39. Are there any questions from the Planning Commission on page 39?
(No response.)
CHAIRMAN STRAIN: Bill, I have two questions on page -- on Policy 10.4.8. Twice you use the
word -- you inserted the word "appropriate" in front of the word "native." Now, before it was just plain
native vegetation. For some reason you felt the need to define the word "native" by using the word
"appropriate." But I'm not sure that defined it or maybe confused it more. How is -- is appropriate defined
somewhere that provides criteria so someone knows whether they're appropriate or not?
MR. COHEN: Mr. Chairman, the word "appropriate" is somewhat ambiguous. I would just
recommend removing it from both of the citations where it's present.
CHAIRMAN STRAIN: Okay. Anybody objecting to that? No?
COMMISSIONER CARON: Was there a reason to do that because it is on seaward of the coastal
construction line? I mean, is there --
COMMISSIONER SCHIFFER: Could the -- could the intent of that be -- I mean, you wouldn't
want to use something, a native plant that would be inland on the coast.
COMMISSIONER CARON: Right.
MR. LORENZ: Right. That would not be salt tolerant.
COMMISSIONER SCHIFFER: Right.
MR. LORENZ: I mean, that would be --
COMMISSIONER CARON: Exactly. That would be foolish but--
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COMMISSIONER SCHIFFER: It wouldn't be appropriate.
COMMISSIONER CARON: It might be cheaper and somebody might try to get away with it, you
know. I don't know.
CHAIRMAN STRAIN: But I'm wondering, if you're going to use the word "appropriate," do you
need to identify the criteria that signifies appropriate? Otherwise, how can you use it? It's arbitrary,
ambiguous and doesn't give us anything other than what was there.
Do we have a requirement in the implementation in the LDC that if you do plant and for dune
stabilization, that it be successful? Because if you do, then we can leave it like it is and there's going to be a
measure of criteria in which to determine if it worked or not.
MR. LORENZ: Yes. Unfortunately, Barbara Burgeson had to leave with a family emergency. But I
understand that in the Land Development -- the Land Development Code we do have some -- some more
specific guidelines to follow. And I think is -- is -- if we simply just left --left appropriate out without
defining, I think that's okay. Because we'd certainly when we review it, we certainly wouldn't want to have
__ we wouldn't approve a vegetation that's going to be -- not be salt tolerant.
CHAIRMAN STRAIN: Okay.
MR. LORENZ: But that would be -- that would be the only reason I would -- how I would define
appropriate.
CHAIRMAN STRAIN: Any further concerns with just striking those two words?
COMMISSIONER MURRAY: Not at all.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. I had a question on this page, not that. I'm sorry.
CHAIRMAN STRAIN: Oh, okay. Then go on to your question. That's great. Appropriate then is--
is struck.
COMMISSIONER SCHIFFER: The -- you're removing the coastal control line and changing it to
setback. What is the reason for that?
CHAIRMAN STRAIN: They changed the name on it.
COMMISSIONER SCHIFFER: Did the state change the name of it?
MR. LORENZ: Yes. Going -- going all the way back, I think they changed the name.
CHAIRMAN STRAIN: A long time ago.
MR. LORENZ: I think it was 1991 just about after this was -- was -- was adopted. And the county
used to have -- had adopted the coastal construction setback line. It was the same line as the state in 1974.
The state then adopted the CCCL construction line, as I said, in '91. And that coastal construction control
line the state adopted is where typically now our CCCL is -- let's just say it's kind of on the dune line where
the active beach stops; while some places where the CCCL, it actually goes all the back into the back bay.
So -- so the intent of the county's plan in 1989 was not to address that landward -- that far landward. It was
simply to address just right pretty
much of the dune line. So that's why we replaced everything for the
coastal construction control line with the setback line to make it consistent with our current ordinances.
COMMISSIONER SCHIFFER: So the setback line is a county term?
MR. LORENZ: Correct.
COMMISSIONER SCHIFFER: Control line is the state's term.
MR. LORENZ: That's correct.
COMMISSIONER SCHIFFER: And you're freeing yourself from the state?
MR. LORENZ: We're freeing ourselves from these policies from the state. We have to -- we have
to follow the state's construction control line requirements through all the building permits. And -- and, of
course, a developer or anyone building on the coast has to go to the state to receive the CCCL. But rather
than trying to revise all of our policies, we simply wanted to correct the terminology and bring it in
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consistent with our current Land Development Code regulation.
COMMISSIONER SCHIFFER: Which line is more towards the gulf.
MR. LORENZ: The setback line.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Okay. I got, Bill, on the bottom of page 39,10.4.10 Item 3, vehicles limit
to set up and removal of equipment permitted events in conjunction with permitted concession stands or
routine permitted uses of commercial hotels. Routine concerns me because if you ask a hotelier, everything
they do is routine. So I think we ought to strike that word and just use or permitted uses of commercial
hotels and that doesn't --
MR. LORENZ: Okay.
CHAIRMAN STRAIN: Okay. Anybody got a problem with that?
COMMISSIONER SCHIFFER: Well, that's good. Because they could routinely take the trash out
across the --
CHAIRMAN STRAIN: I -- see, that also dovetails on page 40. If you got to Policy 10.5.5, at the
bottom it talks about the county shall prohibit vehicles on the beach and dunes except for -- and it lists
environmental and emergency, but it doesn't list the items that are in 10.4.10. I'm wondering if that's an
issue that you need to be concemed about for consistency.
MR. LORENZ: Let me just check one thing. I -- I see your point. I think maybe we have to look at
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that.
CHAIRMAN STRAIN: Okay.
MR. LORENZ: Policy 10.4.10 those changes -- just to let me -- you know, those changes are now
consistent with our current Land Development Code.
MR. COHEN: And, Mr. Chairman, the EAR -- the EAR is specifically -- the indication there is that
that policy is supposed to be consistent with the vehicle on the beach ordinance that we got passed and in
existence. We'll check it for consistency purposes.
CHAIRMAN STRAIN: I'm making a list of outstanding issues for us to address on Wednesday so
maybe we'll just add that one to the list.
MR. LORENZ: And I think perhaps the fix might be that unfortunately this may be either two -- the
policies have to be duplicated both places or maybe we just use one versus the other.
CHAIRMAN STRAIN: Okay. Any questions on page 40?
(No response.)
CHAIRMAN STRAIN: Forty-one?
(No response.)
CHAIRMAN STRAIN: Forty-two?
COMMISSIONER SCHIFFER: Forty-two.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: And it's Goal 12, Objective 12.1. What is -- so we're reducing the
evacuation times? How is that -- and then it seems like we're going to reduce even further. Is that because
we're going to have faster cars or --
MR. LORENZ: I'll have comp planning address at least all the -- everything under Goal 11 and 10
and 12.
MR. COHEN: Unfortunately, Mr. Zyvoloski had to go to the vice presidential -- I'm serious -- for
EOC purposes. A member of his staff indicated to me that all the EOC policies that you -- that you see
present there, they were conferred with and -- and basically that's their language and that's what they feel
comfortable with.
CHAIRMAN STRAIN: That's not going to answer our questions, Randy. I'm assuming that
anything comes before us, you wouldn't feel comfortable with. So I guess what that means is the questions
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that we -- are you telling us you can't answer any questions under Objective 12?
MR. COHEN: That is correct, sir.
COMMISSIONER SCHIFFER: Well, Mark, while we're in momentum here though, I've got some
12. And 12's short. We can go through that in not time. Can we give Randy some stuffthat he can meet
with them on? I don't think --
CHAIRMAN STRAIN: No. I think they need to be here at this meeting.
COMMISSIONER ADELSTEIN: Yeah. You can't just flip a coin.
CHAIRMAN STRAIN: Wednesday morning we can start by finishing up the CCME and they can
be here to answer questions. We're not going to finish it tonight anyway because I -- so far I've got a list of
four outstanding items and this will just make another one.
Randy, how far after Objective 12.1 on page 42 are you not aware of?
I mean, what -- where do we pick you back up again?
MR. COHEN: David indicated that he could address Policy 12.1.4.
CHAIRMAN STRAIN: From 12.1.4 --
MR. COHEN: At least in part, yes, sir.
CHAIRMAN STRAIN: So from page 45 on we can pick you up; right?
COMMISSIONER SCHIFFER: Forty-three?
CHAIRMAN STRAIN: So 43 and 44 we won't be able to have questions answered today on this.
We'll have to talk to the gentleman on Wednesday morning. Page 44 the same way. And page 45 starting at
Policy 12.1.14 David can address. So on page 45 starting with that policy, are there any questions?
COMMISSIONER ADELSTEIN: Forty-five?
CHAIRMAN STRAIN: Page 45, yes, sir.
MR. COHEN: Yeah. With respect to 12.1.1(4), the Board of County Commissioners obviously
during this past AUIR addressed what should be considered Category A and Category B public facilities.
And hurricane shelters were not to be considered Category A facilities. So that's already been done.
CHAIRMAN STRAIN: Well, we haven't adopted a 2007 annual update yet, though, have we?
MR. COHEN: No, sir.
CHAIRMAN STRAIN: So, I mean, they're going re-evaluate or re-study it for that annual update
according to this policy; right?
MR. COHEN: Well, the direction from the board was to only include in the Category A facilities
those items that were subject to concurrency. And I would -- I would imagine that the only other item that
will be subject to concurrency that will be added would be schools which has to be done by March 1 st,
2008, but we will raise the issue with them.
CHAIRMAN STRAIN: Well, I don't think it's -- what I'm reading, though, it's says, "Prior to the
adoption of2007 AUIR." So they won't even discuss it until that AUIR comes in for its review; right?
We've got two more years before that happens. So why are we -- I mean, I don't know what you're -- why
you're concerned about it at this point, Randy.
MR. COHEN: Oh, I'm not concerned. Ijust know what the board's policy direction was with
respect to what should be Category A facilities. I think they have addressed it, but we can leave the policy
m.
CHAIRMAN STRAIN: Okay. Page 46?
(No response.)
CHAIRMAN STRAIN: On the top of page 26, Policy 12.1.16 we have Florida Statutes. I think it's
16 through 3 -- .3180 paren 6. It talks about diminimus impacts on road systems that are failed. And I
brought this issue up to this staff a couple of years ago and asked them if we had any studies indicating
evacuation routes on a one-way design. And at that point they said none. They didn't have them done. So
now I happen to notice in reading this that we're looking for that in this policy.
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Have -- has -- have we implemented this policy yet as far as staff done anything on it, do you know,
or is that a transportation question?
MR. COHEN: I think it's -- it's a question that needs to be addressed by transcription and also by
EOC.
CHAIRMAN STRAIN: Okay. So 12.16 will have to be put offuntil Wednesday.
COMMISSIONER SCHIFFER: Mark, I think the rest of this chapter is EOC oriented.
CHAIRMAN STRAIN: David, are you in the same situation with that?
MR. WEEKS: I don't think I can be of any help here.
COMMISSIONER ADELSTEIN: May I make a statement here?
CHAIRMAN STRAIN: Go right ahead.
COMMISSIONER ADELSTEIN: What we're doing here now is by guess and by gosh. We're going
to save maybe ten minutes. Why don't you gentlemen just close it up. We'll all be fresh tomorrow morning
and get this done. And you'll get it done without worrying about what can we do this and can we do that.
CHAIRMAN STRAIN: Lindy -- Lindy, I just asked him ifhe could do anything and he said, no, he
couldn't. So that was going to be my next statement was to close the meeting.
COMMISSIONER ADELSTEIN: Good question.
CHAIRMAN STRAIN: I had to have a second to do it, you know. Okay. Would the fact that we
can't finish today, I want staff to know that on Wednesday morning we're going to start with this element. I
would like a response on Sections 5.1.2, 6.2.3, 10.3.12, 10.5.5, and all the policies and -- and objectives
after l2.1 on Wednesday morning. That will be our starting issue.
COMMISSIONER ADELSTEIN: And can I have a question for the attorney for a moment?
CHAIRMAN STRAIN: Sure.
COMMISSIONER ADELSTEIN: At this time do we want to adjourn this meeting or continue it?
CHAIRMAN STRAIN: We're going to be continuing, aren't we?
MR. GRIFFIN: You could continue it. I think that would be fine.
MR. COHEN: It's been advertised for both dates.
MR. GRIFFIN: Right. So--
COMMISSIONER ADELSTEIN: You could do it either way.
MR. GRIFFIN: -- in that case you could -- you could adjourn it with everyone knowing that it's
going to be held. You're going to have a Wednesday meeting to go continue your business anyway.
CHAIRMAN STRAIN: Is there a motion to either adjourn or continue this meeting?
COMMISSIONER ADELSTEIN: Motion to adjourn.
COMMISSIONER CARON: One moment.
CHAIRMAN STRAIN: Sorry. Ms. Caron had a question.
COMMISSIONER CARON: I just had a question.
CHAIRMAN STRAIN: I thought you were going to make a motion to adjourn. I'm sorry.
COMMISSIONER CARON: I will do that right after I ask my question. Is it your intention to go
from this element to the flue and then did I hear you say to the housing element?
CHAIRMAN STRAIN: Well, we'll go to the flue, but we may not go to the housing element, but
the flue for sure and maybe transportation or one ofthe others depending on how long the flue takes us.
COMMISSIONER CARON: But just if we announce it perhaps stuffthat we need will be here.
CHAIRMAN STRAIN: Well, I would recommend that we -- after the flue we go back to the
beginning of the book and start working with the utilities -- transportation -- it would be capital
improvements, then transportation, then your utilities. Is that okay, Randy? Do you --
MR. COHEN: No problem whatsoever.
CHAIRMAN STRAIN: Thank you, sir.
COMMISSIONER CARON: Then I'll make a motion to adjourn.
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March 6,2006
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Motion made and seconded. All those in favor.
(Unanimous response.)
CHAIRMAN STRAIN: The meeting's adjourned.
COMMISSIONER ADELSTEIN: Adjourned--
CHAIRMAN STRAIN: Thank you all.
COMMISSIONER ADELSTEIN: -- you don't need a vote.
CHAIRMAN STRAIN: Oh, well, then why did you make a motion if you don't need a vote?
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:48 p.m.
COLLIER COUNTY
PLANNING COMMISSION
MARK STRAIN, CHAIRMAN
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY
ELIZABETH BROOKS, RPR, AND CAROLYN J. FORD, RPR.
Page 118
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March 8, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PLANNING COMMISSION
Naples, Florida, March 8, 2006
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 8:29 a.m. in SPECIAL SESSION in
Building "F" of the Government Complex, East Naples, Florida, with the following members present:
CHAIRMAN: Mark Strain
Tor Kolflat (at 9:39 a.m.)
Donna Reed Caron
Robert Murray
Brad Schiffer
Robert Vigliotti
Russell Tuff (Absent)
Paul Midney (Absent)
Lindy Adelstein (Absent)
ALSO PRESENT:
Randy Cohen, Comprehensive Planning Director
David Weeks, Comprehensive Planning Manager
Bill Lorenz, Environmental Services Director
Marjorie Student-Stirling, Assistant County Attorney
Steve Griffin, Assistant CountyAttorney
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March 8, 2006
CHAIRMAN STRAIN: We'll all rise for the Pledge of Allegiance, please.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Randy, we're going do start out where we left off on the CCME. Not
where we left off actually, but the four or five elements or policies that we did not have completely
answered from the CCME meeting on Wednesday.
MR. COHEN: Correct. And Mr. Lorenz is here to address those.
CHAIRMAN STRAIN: But in the meantime, would you ask someone to locate emergency
services people, to get them up here, so we aren't going to be delayed after this is over with?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Thank you.
Miss Caron, could you do the roll call, please?
COMMISSIONER CARON: Yes, sir.
Mr. Kolflat is absent.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Is here.
COMMISSIONER CARON: Mr. Midney is absent.
Miss Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein is absent.
Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: And Mr. Tuff is absent.
CHAIRMAN STRAIN: And we have a quorum.
And I'd like to ask everybody to remember that we have court reporter who is patiently trying to
type as fast as we talk. So, we need to talk a little slower.
And as far as recognition goes, please be recognized before we speak so we don't trip over one
another.
Mr. Lorenz, I'd like to start -- first of all, you had a handout possibly for 6/11. That's not the one
we'll start with, but I'd like to get the handout to everybody now as well as those in the audience who are
interested in taking a look at it if you don't mind.
Thank you.
Commissioner Vigliotti?
COMMISSIONER VIGLIOTTI: Before we get started, I'd like to let you know I have to leave at
4:15. I didn't think it would make an issue, but now we're only five.
CHAIRMAN STRAIN: Thank you, sir.
Mr. Kolflat called me and indicated he'd be here at 9:30 or so.
COMMISSIONER VIGLIOTTI: Okay. That will be fine.
CHAIRMAN STRAIN: It may be okay.
I'd like to start in order with the few that -- we have five outstanding issues. One was Policy 5.1.2.
And that was one that was --
Randy, do you remember the issues on that, that staffwas going to get back to us because it was one
of the policies that was just renumbered and wasn't put back in here. And you guys had put it up on there or
someone had brought it to our attention.
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March 8, 2006
I just made a note that we need to discuss or finalize the discussion on that issue.
Do you remember what the particulars were?
COMMISSIONER CARON: It's needs --
MR. LORENZ: Five point one point --
COMMISSIONER CARON: -- to not be stricken.
MR. LORENZ: For the record Bill Lorenz, Environmental Service Director.
5.1.2 is the order use plan and that's where are we're going to have Stan Chrzanowski discuss with
you.
CHAIRMAN STRAIN: Okay. Thank you.
MR. CHRZANOWSKI: Good morning. My name is Stan Chrzanowski. I'm an engineer with the
Engineering Review Department of Community Development.
The Water Management District issues two types of permits. They issue surface water management
permits and water use permits.
Water use permits are generally for drilling wells and using the water from the wells to irrigate or to
send potable water to a municipality so that they can drink it.
I don't know why anybody would put anything about water use permits in an excavation section
because I'm not aware of any excavation in Collier County that's ever had to obtain a water use permit.
I do know that he had -- some of them obtained dewatering permits because they -- they do pump
the water down sometimes during part of their operation.
CHAIRMAN STRAIN: But could you put --
MR. CHRZANOWSKI: I don't know why it's there.
CHAIRMAN STRAIN: The policy we're discussing is 5.1.2. Could you put that on the screen for
us so that we -- because it's struck in -- it's stricken from our -- our document. Unless we want to open up a
third three-ring binder, it might be just simpler to put it on.
MR. CHRZANOWSKI: In red, Policy 5.1.2, right in the middle of the screen.
A water use plan must be prepared by the applicant and approved by the county water management
department for any mineral operations before new mineral operations are permitted.
CHAIRMAN STRAIN: Does your position stand that this should be remain stricken or that it
should be remain active?
MR. CHRZANOWSKI: Sir, I don't know why it's there, so I would strike it. It's probably
unnecessary.
And the county water management department is part of the transportation department. They don't
review these anyway.
I think somebody probably realized that it -- it's unnecessary and they probably took it out. It wasn't
me.
CHAIRMAN STRAIN: Okay. Are there -- yes, sir.
COMMISSIONER SCHIFFER: Mr. Stan, we had an application where a guy was pumping water
all over the site, building little dams to hold in stuff.
Do you think that's what they have in mind. Because it's obviously in the mineral --
MR. CHRZANOWSKI: I don't think so. That's -- that's dewatering.
COMMISSIONER SCHIFFER: So, there's no control on that?
MR. CHRZANOWSKI: And water use, you take the water off the site and you use it to irrigate or
you send it to another site for -- for treatment for potable water.
The general dewatering permits, make sure you still have your water still onsite and percolated into
the ground and ponds.
That's why he was building berms and pumping into them because he wasn't allowed to discharge
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March 8,2006
the water off the site.
COMMISSIONER SCHIFFER: Right. But is there a review process for that?
MR. CHRZANOWSKI: Yeah. South Florida Water Management district issues dewatering
permits in Collier County.
COMMISSIONER SCHIFFER: Well, do you think that's what they could be referencing here?
Why don't we --
MR. CHRZANOWSKI: Well, they -- they issue water use permits. That's -- I've only heard them
called that. They -- they have dewatering permits, they have water use permits, they have surface water
management permits.
I don't know why it's there.
COMMISSIONER SCHIFFER: So, would it be prudent though in the comprehensive plan to make
sure that they have that permit before they do mineral extraction? Because that's what --
MR. CHRZANOWSKI: I've never seen a mineral extraction operation with a water use permit.
You -- you could put in there. I could make them apply. The Water Management District would
say you don't need a water use permit.
CHAIRMAN STRAIN: I would have to tend to agree with Stan on that premise because I -- as you
know, I have water use permits being issued constantly and would never need one for an excavation permit.
So, it wouldn't make any sense to have one because you're not really using water.
Mr. Murray?
COMMISSIONER MURRAY: I note that in Policy 5.1.3 below, the item they were talking about,
they speak at depth of excavation and dewatering, and I wonder if that person or persons were really
intending in 5.1.2 to reference a dewatering plan as opposed to a water use plan, or -- or whether, if so,
whether that's even relevant.
MR. CHRZANOWSKI: We've -- we've never had an excavation in Collier County yet where we've
had any testing show ceiling water intrusion into the excavation that I know of.
COMMISSIONER SCHIFFER: Okay.
MR. CHRZANOWSKI: And we've got -- I -- I tell people we have 950 excavation permits in the
county. There were no natural lakes in Collier County other than Trafford and a few others, Deep Lake.
Everything you look at that's out there is dug and an unnatural lake. Some of them are 50 feet deep.
We'd probably -- some of those permits are multiple, 20 -- over 20 excavations to a permit. And we -- we
estimate we have three or 4,000 excavations in the county.
I have no idea, no -- no recollection of anything having saline intrusion.
The big concern we have is that you're going to penetrate some type of confining layer, an
aquaclude or an aquatar. And if -- if you do that you could mix aquifers but --
CHAIRMAN STRAIN: How was -- how was the penetration ofa confining layer checked through
an excavation permit process if you were to --
MR. CHRZANOWSKI: They -- they give us soil borings before they do the excavation and the soil
boring generally tells you if there's some type of confining layer down there.
CHAIRMAN STRAIN: Mr. Schiffer, did you finish your question? I'm sorry. I thought you had
early but I --
COMMISSIONER SCHIFFER: Yeah. Just to make sure that if there's absolutely no permit for
how to manage the water on the site required, then it should be struck.
I mean, if there's -- whether it's called a water use plan or something, that could just be bad
terminology here.
But -- but -- so, Bill, when you go to get an excavation permit, you have to -- there's no permit
required for how you're going to dewater it, how you're going to manage water on your site. There's nothing
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March 8, 2006
to do with water.
MR. LORENZ: I'll defer that specific question to Stan, but -- but let me just point out that in new
Policy 5.1.5, it -- basically, that policy says that -- that you need to have all required federal and state
permits.
So, if, for instance, some type of water use permit would be needed by the agencies, this policy
would hold up our final approval until all permits were required.
So, I think maybe that's the answer. We can delete the specific water use reference in the one policy
and then allow this policy to be more the blanket in coverage.
CHAIRMAN STRAIN: Thank you.
Randy, for those of the members of the public that are here, if you wish to speak on a particular
policy or objective, please provide a slip to Randy so that we know it as we go forward and we can ask you
to make your comments at each objective and not have to go back and forth on this document.
Does anybody have any comments on this objective or this policy, rather?
MR. COHEN: I don't have anybody that's listed to speak on this particular item.
CHAIRMAN STRAIN: Are there any other questions from staff on this matter?
As far as the commission's feelings go, leave it struck?
COMMISSIONER SCHIFFER: Yeah.
COMMISSIONER MURRAY: Yeah.
COMMISSIONER VIGLIOTTI: Leave it, yeah.
CHAIRMAN STRAIN: Okay. The next one that we have in order would be Mr. Lorenz' rewrite of
6.1.1, various elements of -- various sections of that particular policy.
Thank you, Bill, for working so diligently and quickly on it. You were one day between us and got
it altogether, so --
MR. LORENZ: Well, you're welcome, but I think Jean Jourdan deserves, I believe, the more credit
since she was e-mailing around 9:00 o'clock last night.
CHAIRMAN STRAIN: Ms. Jourdan, thank you.
Okay. Is there any -- I have some questions on Bill's comments. Do any of you?
Bill, on the --
COMMISSIONER MURRAY: I do have--
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER MURRAY: I thought that when you brought -- you raised the question about
maybe there might be some other kind of program other than land acquisition, unless I'm in error, I have no
objection to this language but -- but we're restricting it to land acquisition program.
And as I said I have no objection, but I had a, I thought a recollection that you raised the issue on a
broader basis.
CHAIRMAN STRAIN: My -- the broadness I was referring to was not limiting the land acquisition
program to just Conservation Collier.
For some reason if the voters didn't re-approve it or it didn't continue or if there are other programs
that happen in the future, it would nice to know we could utilize other programs than just one, especially
one that the voters voted in a certain manner and I'm not sure perpetuity was part of that referendum.
COMMISSIONER MURRAY: Well, this satisfies that, I certainly believe.
CHAIRMAN STRAIN: I agree.
Bill, my comment was in the very first additions to 6.1.1 (10), you went in and further defined how
Conservation Collier could apply and if it no longer exists what could happen.
The last sentence of that same section, you reference Conservation Collier program again, but you
didn't put the same caveats that you did in the blue in the top part of the paragraph.
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March 8, 2006
Do you see what I'm talking about?
COMMISSIONER MURRAY: Or other program.
MR. LORENZ: Yes, I -- I see. We could -- in other words just bring that --
CHAIRMAN STRAIN: Just repeat.
MR. LORENZ: Repeat that, that language down to that --
CHAIRMAN STRAIN : Yeah.
MR. LORENZ: -- that last sentence.
CHAIRMAN STRAIN: That was one suggestion I was -- I think.
And then on the second page, Policy 6.1.1 (13), about the middle of the larger paragraph on top on
the right-hand side, you use the word "appropriate" review board, and I'm just wondering how is it
determined which review board is appropriate.
Is that going to be something that will be implemented through the LDC? Is that where you're
thinking of clarifying the word "appropriate"?
MR. LORENZ: That's correct.
CHAIRMAN STRAIN: Okay. And then the line just below that, and it says, after a public hearing
and for the granting of a deviation administratively.
Should it be "or" instead of "and"?
MR. LORENZ: Yes. We want -- just a second. Where -- where are you exactly?
CHAIRMAN STRAIN: Well, after -- if you look at the word "appropriate" that I just referred to in
about the middle of that paragraph on the right side--
MR. LORENZ: Yes. Yeah.
CHAIRMAN STRAIN: --just below the word "appropriate" is the word "and".
I'm wondering if that "and" ought to be changed to an "or". I wouldn't want it to be read that you've
got to do both.
MR. GRIFFIN: Mr. Chairman? Can I chime--
CHAIRMAN STRAIN: Yes.
MR. GRIFFIN: -- in?
Steve Griffin, Assistant County Attorney.
I think the intent there was to say -- again, we need to get back to our noun, which is regulations, so
the regulations that we're going to develop shall allow for the granting of a deviation by the appropriate
review board after public hearing and for the separate process that's going to be administrative.
CHAIRMAN STRAIN: Okay. So, that isn't a verb or an action, it's a--
MR. GRIFFIN: Yeah.
CHAIRMAN STRAIN: I understand now.
MR. GRIFFIN: We want to make sure the regulations are established for both.
CHAIRMAN STRAIN: For both.
MR. GRIFFIN: Yes.
CHAIRMAN STRAIN: Okay. Well, I have no -- no problem with that.
Are there any other comments from the panel?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Mark, one of your intentions was that if there's another board
instead of Conservation Collier, that they could be also receiving the money.
This doesn't really say that. That would only occur if Conservation Collier no longer exists, so --
COMMISSIONER MURRAY: Well, that's a good point.
MR. LORENZ: That is correct.
CHAIRMAN STRAIN: There are mitigation banks out there that have been utilized and have
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proclaimed to be pretty useful.
The way I read -- the way I read this whole paragraph originally, I thought the Cons -- by limiting it
to the Conservation Collier program, we would be eliminating the ability to use those mitigation banks.
Is that still the case or was that the case?
MR. LORENZ: Yes. I -- I would -- the language that I have drafted, the intention would be to limit
the payment to the Conservation Collier program solely or ifthe Conservation Collier program goes away
or is not there, then we would be able to use another public -- a public land acquisition program.
CHAIRMAN STRAIN: But, see, the mitigation bank, some ofthose are privately held, and I can
tell you by the amount of money they pay for land, they may be considered more efficient than the way
Collier -- Conservation Collier is being handled.
In that regard, I don't know why we wouldn't want to use any available. Why would we be limiting
the public to only use one? That's almost a monopoly by government. We're a chosen program.
I'm not sure that that's the fairest thing to do, and I'm glad Mr. Schiffer pointed that out.
That's -- that's where I was trying to get away from the beginning is let the variety of the good
programs be utilized, not just one favored program by government.
MR. LORENZ: One response -- one response would be is that the Conservation Collier program in
terms of its objectives, we understand what those objectives are.
And part of -- one of those objectives is public access, and so Conservation Collier lands would be
available for the public for public access where a mitigation bank or some other program may not be, so
that's -- that wouldn't want to be either.
COMMISSIONER CARON: And they are lands in Collier County, which is important.
MR. LORENZ: Right. Conservation Collier lands would be certainly be.
CHAIRMAN STRAIN: And we -- we could also add language that we would want to limit this use
to lands in Collier County, some of which could be through the Conservation Collier program or other
mitigation programs, land mitigation programs.
I -- I don't see the reason that we should provide this monopoly to this one program. And I think
that would be unfair to the citizens to do that, so --
COMMISSIONER SCHIFFER: Mark, a quick fix would be is that -- see the word where he starts
in blue, keep the word "or" and scratch out "if' Conservation Collier no longer exists.
And then I think you have it because what it says it goes to Conservation Collier or to another land
acquisition program for purchase of land within Collier County, et cetera, et cetera.
CHAIRMAN STRAIN: Good point.
COMMISSIONER SCHIFFER: What that does, that's an easy fix, but it also -- the intent is it goes
to Conservation Collier unless something else can be shown.
CHAIRMAN STRAIN: I like it. And you'd have to repeat on the last line as well to make sure that
one read that it wold be to the Conservation land acquisition program or another government land
acquisition program.
COMMISSIONER SCHIFFER: But we could just wipe out to Conservation Collier program, and I
think obviously what it's saying is that it's set up another methodology to establish -- can you hear me okay?
CHAIRMAN STRAIN: Yeah.
COMMISSIONER SCHIFFER: To establish the monitory value for payment and then you just
stop there.
CHAIRMAN STRAIN: Well, I think the next thing that might be problematic is the fact that it's a
government land acquisition program.
I don't know much about this panther island mitigation, although I've seen brochures on it and didn't
seem benefit possibly Corkscrew Swamp Sanctuary and places like that.
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I don't know if it did or not, but if it -- if it had a benefit, a positive benefit to the environment, why
would the environmentalists or anybody care whether it went to a government program or a private
program as long as it accomplished the goal.
MR. LORENZ: Typically, the mitigation banks are being used for satisfying wetland impacts for --
for other -- other projects, so when you begin to talk about putting money into a mitigation bank, it seems to
__ there's a -- there's a -- a difference in objectives and a mitigation bank, again, is responding to a regulatory
requirement by, whether it be the federal or state agencies, for wetland impacts.
So, they're -- they're offsetting wetland impacts to a regulatory structure there.
They're not purchasing land for purposes of -- of general environmental protection, but they're --
they're satisfying those -- those -- those -- those impacts.
So, that's why we -- we were kind of keeping this -- this separate from our requirements for native
vegetation retention requirements versus mitigation banks that are set up for wetland impacts as through --
through the federal and state permitting process.
CHAIRMAN STRAIN: So, those mitigation banks would still be functioning through the federal
and state permit process to meet their needs.
MR. LORENZ: Correct.
CHAIRMAN STRAIN: But to meet Collier County's needs, we'd have to look at additional
purchases through this type of program?
MR. LORENZ: That's -- I think that's the -- that's the rationale that I would -- that I would use for
limiting to either Conservation Collier or a separate type of land acquisition program within Collier County.
CHAIRMAN STRAIN: So, if you call the feds out under the corps, you know, to delineate
jurisdictional lines, you call South Florida out to do the same thing, then you call Collier County out to
verify the preservation requirements, and they're going to be looking at jurisdictional lines as well because
the jurisdictional areas have to be given up anyway.
So, now if a person that has to purchase the mitigation for the corps in South Florida, can purchase,
say, from a land mitigation bank, but for Collier County that's not good enough, so now they've got to
purchase additional lands through one of the Collier County programs as well, so they're actually paying
twice for the same preservation.
MR. LORENZ: Well, they're offsetting -- they're offsetting their wetland impacts of which Collier
County is deferring to the agencies to offset those wetland impacts.
To -- if they are -- if those wetland impacts, they -- they may well-- in a particular scenario, they
may well have to do that right now, retain native vegetation onsite plus mitigate for their wetland impacts
through a mitigation bank if they choose to use a mitigation bank.
So, they're already -- they would already been doing that with an onsite preservation requirement.
CHAIRMAN STRAIN: Okay. I guess I'm not understanding it. Ijust want to make sure that if
someone has to meet the limits for corps in South Florida, and those are the same limits for Collier County,
when they mitigate for the corps in South Florida by doing off-site, they don't have to do any more for
Collier County.
Basically it's all in one package, otherwise we'd be asking someone to pay twice.
MR. LORENZ: When you say the same -- the same for Collier County, that's not necessarily the
same because they are doing that for wetland impacts of which we are deferring to the agencies to establish
what that mitigation requirement is.
That does not necessarily meet our vegetation retention requirements for native vegetation, so that's
__ that's where there is -- that's where there is definitely a -- a split in terms of purposes of the two programs.
Sometimes they overlap; sometimes they don't.
CHAIRMAN STRAIN: Okay. It's a little clearer for me. Thank you.
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COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Maybe what would be better is instead ofthe word
"governmental" put "accepted" because I think your concern was that something else would come along
and you want the ability to attach to that.
CHAIRMAN STRAIN: Yes.
COMMISSIONER SCHIFFER: And, actually, I think the way this is worded, it says to another
government land acquisition program, that could legally be interpreted you have to buy government land.
So, I think if you replace the word "government" with "accepted", then that gives the future, where
the department could accept other things other than Conservation Collier.
CHAIRMAN STRAIN: Of course, then we get into the ambiguity of the word "accepted".
COMMISSIONER SCHIFFER: Well, I mean obviously the commission would be the ultimate
acceptors.
MR. LORENZ: And that would be further flushed out in the Land Development Code, which it
could, recognizing that that could go to a mitigation bank if -- if the board were to adopt a set of regulations
along those lines. It gifts a -- a broader coverage and I guess then the policy discussion would occur at a
later date.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And I think again the way it's worded, if we're going to keep it
government, we should say government run land acquisition program, so it doesn't -- the way it's worded, it
means you got out and buy government land.
CHAIRMAN STRAIN: Well, we can clear up the ambiguity of the word "accepted" in the Land
Development Code, and that could include government land, private lands, any lands that meet the criteria
that would be implemented in the Land Development Code.
And that might end up working out to a broader array of environmental abilities than specific
government programs, so I like your -- your substitution for that, Brad.
COMMISSIONER SCHIFFER: And it would be a good world if there's a whole bunch of
programs fighting for that. That's a good thing.
CHAIRMAN STRAIN: Randy, do we have any registered public speakers on this one?
MR. COHEN: Wayne Arnold.
MR. ARNOLD: Good morning. Wayne Arnold.
I wanted to comment, I guess, at the moment on Paragraph 10 and if it's appropriate, I also had
comments on Paragraph 13.
But Paragraph lOin the discussion we just had on the public land acquisition program where we
talked about Conservation Collier, I guess we all left the meeting the other day with -- with sort of different
impressions, but it was sort of my thought that we could keep this very broad and not rule out the possibility
that you could buy privately owned land, transfer it, to the deed to the county or to some other entity and get
credit for that, although it wouldn't necessarily be part of the Conservation Collier program where you
could purchase TDR credits and sending lands and deed that land over to Collier County or some other
entity and get credit for that if it made sense.
I'd hate to preclude that by simply saying we're going to donate money. I think money in lieu of or
the ability to acquire land or TDR credits or something else may broaden it so that when we actually
develop our land development regulations over the next year, it wouldn't preclude us from looking at the
whole gamut of opportunities we may have to actually accomplish the objectives of, I think, this policy.
CHAIRMAN STRAIN: It's a good point. Before you move on to your next one, let's thoroughly
discuss it.
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Mr. Schiffer?
COMMISSIONER SCHIFFER: But if we took away the word "monitory" in the two locations and
then it's satisfied by a payment and then the code could come up with that payment, could be land, could be
money.
MR. GRIFFIN: Well, Mr. Chairman, if you're transferring land, that's not a payment. So, that's, I
think --
COMMISSIONER SCHIFFER: Okay. What would be -- what would be a good wording then
instead of monitory payment that would leave that option open? Maybe Bill--
MR. LORENZ: Contribution. I mean--
COMMISSIONER SCHIFFER: Yeah. Contribution sounds, you know, like, you know, you can
get into the movie if you donate five bucks.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Would other methods work?
CHAIRMAN STRAIN: But I think it's a good point because if the -- if you had the opportunity to
acquire land or something like that in lieu of monitory payment, you actually might come out ahead based
on the timing and the purchase abilities of -- of certain programs.
MR. LORENZ: Yes. Just -- just to help with the language and then if! may make a comment?
The language -- maybe monitory payment, comma, land acquisition or another, was the term
acceptable but in other -- but in another -- another -- another type of method to be established in the land
development regulations may -- may help.
CHAIRMAN STRAIN: Monetary payment, comma, land acquisition, comma, or other established
method as determined in the Land Development Code.
MR. LORENZ: I would say land donation as opposed to --
COMMISSIONER SCHIFFER: Maybe or donation of something.
MR. LORENZ: Right.
COMMISSIONER SCHIFFER: Land donation.
Does that meet -- work, Wayne?
MR. ARNOLD: I think that certainly broadens it to the point where we wouldn't preclude coming
back with some really solid ideas after working this over the next several months.
Because I do think there are some property owners out there who may have absolutely great trades.
If you're trying to impact an acre in the urban area and they can find a way to -- once we establish
the value, you might end up netting, whether it's an acre because it's like a habitat or a hundred acres.
Who knows. I would hate to preclude them from being able to donate that land --
CHAIRMAN STRAIN: I think it's a--
MR. ARNOLD: -- for a conservation easement.
CHAIRMAN STRAIN: -- it's a good point. And the word "monitory" occurs twice in this page
here. Maybe it will look good.
Miss Caron?
COMMISSIONER CARON: Yeah. I just -- I would only be concemed that land that was donated
was not land that has any real value. I mean, some serious values have got to be established for that land in
order to impact an urban area.
I don't want somebody who has got land that's not developable and essentially worthless being able
to trade that land to Collier County to impact the urban area. But somehow that is not going to --
CHAIRMAN STRAIN: Wouldn't you work that language out though, the criteria in the Land
Development Code?
COMMISSIONER CARON: I mean, I think we have to be very careful about working out that
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language.
CHAIRMAN STRAIN: Guess who gets to review that?
MR. LORENZ: Actually from a staff --
COMMISSIONER CARON: Always those stating it on the record is a good thing.
MR. LORENZ: Just in terms of the thought process, I mean the staff initially began developing and
flushing out an idea of this off-site alternatives, which would be a land donation or the ability to put land
somewhere outside of the urban boundary and some conservation easement and that satisfies an off-site
preservation requirement.
What -- what we found, however, was that if -- if you don't limit it in terms of -- at that point then
you have to determine what the acreage would be, the trade off for the type of habitat, the -- the locational
criteria.
For instance if we're talking about, you know, ten acres, you know, in the middle of -- of no place,
what we're trying to do with a payment to the Conservation Collier program is we can -- we can take those
funds, we can use those to purchase land, larger acreage that makes -- that meets all the Conservation
Collier requirements.
So, rather than getting to a point where we have an off-site -- I'd sayan off-site compensation
program where now you have a little postage stamp properties throughout the county, that -- that -- that has
the same types of problems as little postage size stamp properties within the urban boundary as well.
So, that's why we initially were going down that path and then -- then dropped back to a more single
purpose program or the payment to the Conservation Collier program could be utilized to purchase large
quantities of acreage that would meet the objectives of conservation of Collier.
Now, in -- in the language that you're looking at, it makes it broader. We can establish those --
those more detailed requirements through the Land Development Code regulations but that would be -- that
was kind ofthe discussion that we had early on.
COMMISSIONER CARON: I think that's -- that's really true because the long term management of
these properties, it becomes very unwieldy if you have postage stamps all over the county that need to be
managed then by -- by government.
CHAIRMAN STRAIN: But couldn't you as part ofthe criteria in the Land Development Code
require that they be contiguous to improved preservation areas or something to that effect so we could limit
it and it's not going to be all over the place?
MR. LORENZ: That -- that's -- that's true. That was some ofthe language that we had -- the public
probably didn't see it, but we -- actually it was drafting internally within the policy statement but, yes, that --
the cut can be done.
MR. ARNOLD: And in might just -- Mr. Anderson reminded that in conversations that he and I
had had, that we were looking at some of the rural friends sending lands that we have TDR credit and such
to help stimulate that program.
This may be another absolutely good example of how you could get that going.
CHAIRMAN STRAIN: Okay. I think that all can be flushed out in the LDC and I'm sure that
would be a hot debate and we have a whole day time for that when it happens.
You had a comment on 13, Wayne?
MR. ARNOLD: I did. Under item is it now 12, I guess?
CHAIRMAN STRAIN: It's -- well, it's -- yeah. Yeah, it's twelve.
MR. ARNOLD: I have a hard time reading in this light, but if you go down to the -- where it starts,
the -- near the bottom, it says, the county may grant a deviation if and it's got Criteria A, B, C.
CHAIRMAN STRAIN: Right.
MR. ARNOLD: On Criteria A, it says county federal and state -- or state agencies require that site
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improvements be located in areas which result in an ability to meet provisions of the policy.
And I guess I could read that a couple different ways because, one, if I'm looking at an FDOT
permit, they may mandate that I have an access point in a certain location.
But if! go and I'm dealing with the Army Corps of Engineers and they've said either no permits
required or the quality of these wetland areas are so poor that we rather you mitigate off-site, I think maybe
instead of require, maybe there should be if the permits allow that certain site improvements be done on
site.
Something to that effect because I don't know that the permits are going to absolutely require it and
then are we under the burden to go back and try to amend any permit that we may have sought in advance
to then prove to the county that that permit requires.
CHAIRMAN STRAIN: But if a permit doesn't require something--
MR. ARNOLD: Uh-huh.
CHAIRMAN STRAIN: -- then why would you be forced to put it through the area that might be in
conflict with this program?
MR. ARNOLD: Well, I'm simply saying that in some examples I think maybe the Army Corps is
one example where -- especially on urban parcels, you know, keep going back to Mircato, but Mircato was
one ofthose examples where we had federal permits to impact everything on the site.
Yet we ended up in a situation where we preserved uplands and wetlands to meet the local criteria.
And that was fine. But that permit didn't necessarily require that our site improvements be located
somewhere.
It permitted them to be there in accordance with the permit that they issued. And I'm just simply
saying that to -- that I think it's going to be difficult to find a permit that requires our site improvements to
be exactly where they are outside of maybe some ofthe local transportation permits or federal
transportation permits that I'm aware of.
Maybe Andy Woodruff or somebody else back there could cite some other examples where it
would be absolutely required.
CHAIRMAN STRAIN: Bill, you got any comments on that?
MR. LORENZ: Yes, we -- we -- we're looking at the word "require" because if -- if you've got -- if
you have discretion, it's your choice as to where you want to locate your site improvements that the
agencies will allow any place on that site.
And your choice will -- will contravene one of these provisions in this policy, we don't want to -- we
don't -- we don't consider that to be an appropriate grounds for the exception.
The appropriate grounds for the exception is when you're put in a box by a federal or state agency or
even a county approved -- like county's DOT that says your site improvements must be in this location.
Transportation access is a good example. Perhaps there is a -- where the water management district
is trying to build a regional flow way and make some connections with the flow way through a particular
project site.
That -- that particular location where they're really requiring you to -- to -- to -- to set aside as some
type of conveyance or water management system, that -- that particular location may contravene some of
our provisions ofthis policy, in which case that mandated requirement is grounds for the exception, but not
simply -- grounds for exception would be the -- would be your dis -- the applicant's discretion as to how
they would like to see their site flushed out.
Unless -- unless another provision would kick in such as Item C.
MR. ARNOLD: And I agree with Bill, and I -- I kind of had a feeling that's where he was going to
go with the response.
And I -- my next comment was on Item C. Before we talk about beneficial land uses, and I know
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that Bill and I discussed even this morning that some of those examples are, you know, whether it's to
implement other policies in the plans would be smart growth principals or something else.
I just don't know if we need another phrase other than beneficial land uses. It's a little ambiguous.
And maybe that's okay for the purpose of the comp plan and we'll-- we'll flush that out as part of the land
development regulations as well. But it's not phrased that we would normally see.
CHAIRMAN STRAIN: Well, I -- I think the Land Development Code can get into some of these
definitions of the words, and one thing I would like to make sure is that the Mircato project went through
this panel as well as the BCC, and I personally thought that was a well done project.
And it was one of a type that is an improvement, not a detriment when you're looking at what could
be done in some locations.
I would certainly want to make sure that none of these languages are being proposed and then run to
stop something like that.
MR. LORENZ: I -- I would say that -- that Item C would fit the Mircato situation.
MR. ARNOLD: Okay. Thanks.
CHAIRMAN STRAIN: Okay. Thank you.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Bill, in this thing they use the plan a lot. Is that -- obviously, the
plan, is that defined anywhere? I mean, I'm looking through some of the other text and we really don't use
plan, capital plan, and your answer may be is that it's clear throughout this chapter, so don't worry about it,
but I'm looking at stuffwe did in this chapter and there's nothing that refers to the plan.
MR. LORENZ: Yeah. I'm not sure. Sometimes we may have the GMP, or I think I've seen the
plan, but maybe David for consistency sake would --
MR. WEEKS: For the record, David Weeks ofthe comprehensive planning department.
The future land use element comes to mind as one that occasionally uses the term plan.
In the capital -- with the capital P, it is referring to the comprehensive plan or growth management
plan.
CHAIRMAN STRAIN: Okay. Do we have any public speakers on this particular item?
MR. COHEN: No, sir.
CHAIRMAN STRAIN: Okay. Bill, are you comfortable with our understanding of what we've
requested? And I -- I -- just to be safe, I think what we asked for basically refers to the policy -- the paren
ten, and in that regard the word "monitory" payment is going to be added to using words like land
acquisition, comma, or other land donation, and the word "government" is going to be struck to say
accepted land acquisition program.
And after the word "or", the words ifthe Conservation Collier program no longer exists is going to
be struck in that sentence.
And the second blue area, you're to -- the word "monitory" is going to be readdressed like we did --
like we talked about above, and after the word "payment", you're going to put a period and strike the words
"to the Conservation Collier program".
Does that --
MR. LORENZ: Yes, I have that.
CHAIRMAN STRAIN: Does that meet with your notes?
MR. LORENZ: Yeah, uh-huh.
CHAIRMAN STRAIN: Does anybody on the panel have any problems with that?
CHAIRMAN STRAIN: Okay. Thank you, Bill. Let's move on to 10.3.12.
This was one concerning a question that was brought to us by someone in the public. I think Mr.
Pires actually brought it up and indicated that we needed to see some legal argument why this should be
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removed.
MS. STUDENT -STIRLING: In may?
CHAIRMAN STRAIN: Apply it to the book.
MS. STUDENT-STIRLING: If! may?
CHAIRMAN STRAIN: Miss Student?
MS. STUDENT-STIRLING: Yes. For the record, Matjorie Student-Stirling, Assistant County
Attorney.
There's case law that's been on the books for a number of years that where a local government
cannot require somebody to do a PUD, the case is Porpoise Point versus St. John's County found at 3 --
excuse me -- 532 So.2d 727, Florida Fifth District Court of Appeal, 1988.
And you will have noted in other portions ofthe comprehensive plan we always use the term
"encouraged" because of this case.
I'm not sure how the absolute requirement got in there, but it is contrary to case law.
CHAIRMAN STRAIN: And that requirement has been in the GMP for how long, David?
MR. WEEKS: Since about in 1989.
CHAIRMAN STRAIN: Let me do some quick math. Some 15 years and we're now discovering
there might be a problem?
Could I have a copy of that case law --
MS. STUDENT-STIRLING: Certainly.
CHAIRMAN STRAIN: -- when you get time?
MR. WEEKS: Mr. Chairman, just a quick comment.
I know Mr. Pires made mention of this yesterday -- Monday as well, about how -- how this has been
in the plan for so long and how long come it just didn't get brought to anyone's attention sooner?
And my response to him, and privately as well as to you now, is that we have so little -- so few
submittals of development requests on the coastal barrier islands that this just was under the radar.
We just simply did not deal with this policy. We had no development proposals.
It first came up, and best of my knowledge, two or three years ago when either was during the
discussions of the Vanderbilt Beach overlay area, or it might have been during the Wiggins Pass Marina
rezone that it came to light. It finally got on a radar screen and it's been on our -- on our stafflist to -- to
address this and here just seemed like the appropriate time to do something.
CHAIRMAN STRAIN: Would there be any reason why we couldn't take the word "require" and
replace it with the word "encourage" and leave this policy in?
Wouldn't -- wouldn't it be beneficial if we had the beauty process in place as a suggestion rather
than not even have it at all as an opportunity?
MR. WEEKS: That's -- that's acceptable.
MS. STUDENT-STIRLING: I'm fine with that.
CHAIRMAN STRAIN: Okay. Seeing as how Mr. Pires isn't here to defend himself, I would think
that the only legal opinion we can discuss right now is what the County Attorney is providing us with.
And, so, at this point I would recommend we substitute the word "encourage" instead of "require"
and reinstate the policy unless there's any objections from the panel?
Are there any public speakers?
MR. COHEN: Yeah. One speaker, Mr. Clay Brooker.
CHAIRMAN STRAIN: Your -- your timing was good. Tony is not here and you are, the two
opposing parties.
This is -- I'm sure you're going to agree with the County Attorney's office.
MR. BROOKER: We coordinated this, so he would appear at the first one and I appear at the
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second one.
Clay Brooker for the record.
I -- I have no objection to -- to replacing the word "require" with "encourage".
The only reason I am here today is because I do have a project in the works where Mr. Pires is
objecting to our project on the basis that we did not apply for a PUD rezone on Keewaydin Island and the
reason for that is the DLC size limitation.
Our project is about four -- this side of four and a half acres on Keewaydin Island and that obviously
does not meet the LDC size requirement.
And Mr. Pires is trying to use that as a way to kill my project or the project on Keewaydin Island.
We coordinated with staffbefore. We even applied and pointed this inconsistency out to staff, and
staff directed us to go the conditional use route rather than a PUD route.
So, that's just -- again, I just want to give a little context as to most likely why this issue has been
coming up and why Mr. Pires was here earlier.
CHAIRMAN STRAIN: Thank you.
With that being said, I think if the boards in agreement, we'll the -- we'll substitute the word
"encourage" and reinstate the policy. Okay?
Now, we're on to the last lingering item until we get to objective 12 and that is Policy 10.5.5.
And I think the issue here was a consistency issue between that policy and the one on 10.4.10.
And it -- I have it on my list as one we didn't resolve, which means somebody disagreed with -- or
didn't agree or something.
But 10.5.5, it's on Page 40. And it appears to conflict with the vehicle statements on Page 39 and
10.4.10, because one is prohibiting basically everything except for emergency, environmental monitoring
and environmental maintenance purposes, which is 10.5.5 and 10.4.1 0 seems to be broader in its ability to
allow vehicles on the beach.
And I just -- I think the question was, are we consistent with those two policies?
I believe it was something staff was going to take a closer look at and get back to us?
Is that a true statement?
Okay.
MS. BURGESON: For the record, Barbara Burgeson with Environment Services.
The reason there's a difference in the language there is that one policy is for developed coastal --
coastal barrier or developed shorelines and the second, which is much more restrictive is language that's for
undeveloped shorelines.
CHAIRMAN STRAIN: And the way we would know that is the objective, which isn't shown on
this particular document.
MS. BURGESON: That's correct.
CHAIRMAN STRAIN: Okay. Thank you. That resolves the issue.
Now, unless we hear further comments, anything else?
MR. COHEN: Mr. Chairman--
CHAIRMAN STRAIN: Yes, sir.
MR. COHEN: -- you have -- you have some other issues that we noted that are delineated in red as
unresolved as well, too.
And I believe the fIrst one that was brought up was a Policy 5.1.5 on Page 13 of the revised item
that you have before you.
And Mr. Chrzanowski is here to address that.
MR. CHRZANOWSKI: Hi, Stan Chrzanowski from Engineering Review unless you have no
questions about that.
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March 8, 2006
CHAIRMAN STRAIN: Well, you know what? Ifthere's a question that staff had, that means
something might still be lingering out there and we certainly don't want to make a mistake after spending all
this time on it.
Well, 5.1.2 we resolved, so it is -- this one was the resolution to 5.1.2.
MS. JOURDAN: For the record, Jean Jourdan, Comprehensive Planning.
The question on this was if there was LDC language which was the same as this policy.
CHAIRMAN STRAIN: And is there?
MS. JOURDAN: That was the question.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: Which policy, Jean?
CHAIRMAN STRAIN: 5.1.5.
MR. CHRZANOWSKI: The excavation ordinance is not in the Land Development Code. It's in
the Code of Laws and Ordinances.
I -- I imagine that's a fine legal distinction that I'm still not totally familiar with. But it does say in --
in the excavation ordinance, the issuance of a permit in accordance of the provisions of this article is not
intended to preclude the writer authority of any federal or state agency from requiring separate permits in
accordance with the rules and regulations ofthat agency.
In a case where multiple permits are required, the most stringent stipulations and requirements of
each permit shall govern the work permitted under this article.
And, also -- well, that was Section 10.
And also in Section 4, Paragraph L, federal and state agency permits, period.
Any excavation in an area containing SFWMD; that's South Florida Water Management District,
comma, DEP, Department of Environmental Protection, comma, or USACE, United States Army Corps of
Engineers jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance ofthe
excavation permit.
Now, none of these say before obtaining a permit because a lot ofthese permits, like we talked
about, the dewatering, or if someone wanted to use the water from one of these excavations that had to get a
water use permit, that might happen after -- after the fact.
One case that comes to mind is Jessie Hardy got his excavation permit and one ofthe permits you
have to get from DEP is if you're processing materials on site.
Well, at first they weren't. They were just digging and hauling.
But after awhile they got in machinery to sort and separate and they consider that processing. And
DEP in that case would -- would come into effect.
CHAIRMAN STRAIN: Is there any downside to leaving this in the GMP? Do you see any
conflict?
Because that just might resolve it. If there's no -- I think I was -- my question was simply to find out
if was duplicative and ifit was automatic.
MR. CHRZANOWSKI: Well, it's not exactly a duplicate but I see no downside in leaving it in.
CHAIRMAN STRAIN: Okay. I have no problem with it then.
Does anybody else?
COMMISSIONER SCHIFFER: Well, I mean, the statement that first of part of that where -- you
know, the state code you couldn't, you know, supersede anyway. That just goes without saying anyway.
I mean, whatever is the most restrictive would always prevail.
MR. CHRZANOWSKI: Yeah. Sometimes there's an argument about what's restrictive.
CHAIRMAN STRAIN: Okay. Thank you, Stan.
It looks like -- Mr. Passarella (phonetic), do you have a comment on this particular policy?
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March 8, 2006
MR. WOODRUFF: Andy Woodruff for the record.
CHAIRMAN STRAIN: I -- I'm sorry.
MR. WOODRUFF: With Pass --
CHAIRMAN STRAIN: With Passarella and Associates. Sorry.
MR. WOODRUFF: The item that we're discussing now, was that -- are we back to 5.1.5 again?
CHAIRMAN STRAIN: No. We're talking about 5.1.5. Yeah, five one five.
MR. WOODRUFF: Okay. Just a comment with regard to what Stan was saying, that in some cases
we do have operations that are mining operations that are just excavation operating underneath an .
excavation permit.
And later at some point they may also go to a processing type of operation, in which case they
would require separate permits from the DEP to be able to conduct that activity.
So, I wouldn't want to see projects get held up in this because they don't have their processing
permit, if that was their intent, because they could still be excavating material for quite some time before
they actually require that processing permit for the property.
CHAIRMAN STRAIN: I don't know if -- Stan, the way this reads, it wouldn't indicate that. It just
seems you've got to have the required permits to do the required work.
MR. CHRZANOWSKI: That's the way I read it, that you don't have to have them ahead of time
unless they're required ahead of time.
MR. WOODRUFF: I mean, as long as --
MR. CHRZANOWSKI: A fine distinction--
CHAIRMAN STRAIN: One at a time. Let Stan finish.
MR. CHRZANOWSKI: It's a fine distinction. I mean, the next administration that comes through
-- when I was in private sector, we started getting letters saying give us proofthat you don't need permits
from the district, the DEP and all that, and that -- that's -- you remember those.
CHAIRMAN STRAIN: Oh, yeah.
MR. CHRZANOWSKI: That's the down side of it. Somebody could suddenly decide that they read
this that way, and those agencies don't give you letters saying, no, you don't need our permit.
They say, make an application and we'll tell you. And -- and a lot of times you don't need their
permit, so, I -- I don't see any problem with this wording as long as the people that are enforcing it use
common sense.
CHAIRMAN STRAIN: Are you going to stay with the county for a long time?
Uh-oh. He's not answering that.
MR. CHRZANOWSKI: Can I go now?
CHAIRMAN STRAIN: Well, Stan, you do bring up an interesting point with administration. It
changes government like there typically has been or personnel changes.
I would hate to see this misinterpreted. I know that you cannot go to the Corps of Engineers and ask
them for a letter and expect any timely response in any manner whatsoever.
Is there a way that we could insert language in here that would protect that interpretation.
MR. CHRZANOWSKI: I don't see a problem with that language. I really don't.
CHAIRMAN STRAIN: Unless you're not here.
MR. CHRZANOWSKI: Unless a whole lot of people aren't here because--
CHAIRMAN STRAIN: Right.
MR. CHRZANOWSKI: -- everybody's listening to this conversation.
CHAIRMAN STRAIN: Okay. So, the intent is as Stan has stated, and I would fully agree with you
on that and I --
MR. WOODRUFF: If I could just make a comment.
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If we could just insert in there, perhaps, if they could require applicable permits? I don't know if the
word "applicable" could help in that case.
MR. CHRZANOWSKI: I have no problem with that either.
CHAIRMAN STRAIN: Well, or if it says if a petitioner for a mineral extraction permit is required
-- if a petitioner obtains permits as required.
MR. CHRZANOWSKI: If it's required, it's required. It's redundant.
COMMISSIONER MURRAY: The language seems--
CHAIRMAN STRAIN: Okay. I don't really think it's going to be that traumatic.
COMMISSIONER MURRAY: Weird.
CHAIRMAN STRAIN: We have Mr. Anderson going to provide us with some words of wisdom.
MR. ANDERSON: No.
CHAIRMAN STRAIN: No?
MR. ANDERSON: Bruce Anderson for the record.
I was the one that had raised this question whether it was already covered in an existing ordinance,
and it is new language that's proposed to be added to the plan and not something that we're being asked to
retain.
And I don't think it's the kind of thing that belongs in the comprehensive plan.
We have trouble now with having enough fill to built roads and house pads. Why do we need to put
another obstacle in the comprehensive plan?
I think this language is better -- better in the Land Development Code or the excavation ordinance
rather than putting it in the plan.
For example, the County Commission takes a two-month break during the summer. During that
time nobody can get an excavation permit acted on in a public hearing because they're not meeting.
And if this is in effect, then you're going to have to wait until after they get back to get your
approval; whereas, ifthey could approve it subject to receipt of these permits, everything's protected.
There's no hold on it.
CHAIRMAN STRAIN: Bruce, I'm -- I'm trying to understand what you're -- if this is language that
is similar to language that's already in existence in other codes and it's in this plan, how does that change the
process?
MR. ANDERSON: Putting it in the comprehensive plan gives it a whole, another legal dimension.
CHAIRMAN STRAIN: How is that bad?
MR. ANDERSON: Why is it necessary? What -- what -- what problem are we solving?
CHAIRMAN STRAIN: Who originated this language? Mr.--
MR. COHEN: Well, I just want -- I just want to point out that the language that's inserted is
consistent with the EAR language and the policy direction that was provided by this body and also by the
BCC when it was vented publicly earlier.
So, that's -- that language is -- if you read the EAR, the language is consistent with that. Whether it
was drafted by Mr. Heath or anybody else, it reads the way the EAR proposed it to be read.
CHAIRMAN STRAIN: Do you know why the EAR proposed it to be read this way?
All of our laws have intent. And I'm just wondering now what the intent of this is.
MR. COHEN: The intent behind it was to have a second tier of regulatory compliance standards in
case the first -- the first tier didn't address them.
CHAIRMAN STRAIN: Isn't the GMP supposed to be the first tier and the LDC the second tier?
MR. COHEN: I think in this particular instance, I think they're looking at the state regulatory
agencies as the first tier and this would be the second.
CHAIRMAN STRAIN: Okay. Mr. Murray?
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COMMISSIONER MURRAY: I have a question because I wrote a note to myself.
Stan, I believe, said something about the so-called LDC language is really in the code oflaws and
ordinances and, therefore, you would have to go to that journal, that document, to find the particulars,
would you not, and that would be a standard activity I would think?
MR. CHRZANOWSKI: Yes, sir.
COMMISSIONER MURRAY: Yeah. But I mean would we also then introduce it into the LDC?
Would that make sense? It's already going to be another document.
So maybe this has -- this -- this does serve a problem. I could see what Mr. Anderson is relating to
subject to might -- might -- might help in some respect.
I mean, if the county is looking to make sure the bag is completely tied up, then I could see the
language's intent, but I could also see what Mr. Anderson is saying. That -- that makes sense to me that we
don't want to encumber unnecessarily, a reasonable statement, how to -- how of qualify that because --
MR. ANDERSON: Every time we put something in the comprehensive plan, we provide an
opening for the state to interject and tell us how to do things.
MR. CHRZANOWSKI: I -- I find some redundancy in any stipulation that says you must obtain all
required permits.
However, however many times you put that in the code, it's just redundant. I -- I don't have a
problem with it. I -- I don't know what Bruce's problem is.
CHAIRMAN STRAIN: Well, and I -- I under -- my only concem is if -- ifit is redundant, why do
we need it? And we've got book after book after book of redundant language or we could have. And I have
tried repeatedly to strike redundant language as I found it.
Does anybody know if there -- well, maybe Marjorie or Steve could comment.
Does the code oflaws take precedent over the GMP?
MS. STUDENT -STIRLING: The code oflaws or the Land Development Code implements the
Growth Management Plan, and if you view the comp plan, it's more or less like a constitution with more
general language than its implemented to the Land Development Code.
However, over time our plan has taken on more specific requirements than it did originally because,
again, it's to be implemented through the laws, through programs in the county and through the issuance of
development orders.
CHAIRMAN STRAIN: From a legal perspective, Marjorie, is this policy needed, or if it's not here,
can we function just fine without it? Or is it more specific than what you were thinking the intent of the
GMP should be?
MS. STUDENT -STIRLING: Well, I think probably it's a little more specific than what you would
necessarily find in the GMP; however, it did fmd its way in the EAR report, and the law on that is that these
amendments are to be based upon the EAR report.
So, I think in some instances, and I'm not trying to be difficult, but it's up to the local government
the degree of specificity they wish to put in the plan.
But when you do, Bruce is correct, that it does open it up to scrutiny by the DCA and also to amend
it rather than just doing a Land Development Code amendment because the land code, where the code of
laws must be consistent with this, you'd also have to amend this, too. And that's a cumbersome, lengthy
process.
So, I think my answer is, but for the fact -- I don't think it necessarily has to be in here, but for the
fact that it is referenced in the EAR report.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Stan, is there a problem where the county's giving permits and
they don't have the other permits and they go off running without them?
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March 8, 2006
MR. CHRZANOWSKI: It happens occasionally, yes.
COMMISSIONER SCHIFFER: And that's the only thing --
MR. CHRZANOWSKI: People don't know they -- they have another permit to get, but they
wouldn't know that ifthis wording were in there either.
It's a required permit. You have to get it. When we find that you started work without it, we -- we
shut you down, we make you get your permit.
We've had people install sanitary sewers without the proper DEP permits. It's nothing to do with
excavations or anything. They just do it.
MR. COHEN: Mr. Chairman, let me point out --
MR. CHRZANOWSKI: The laws are very complex. I'm glad I'm only an engineer.
MR. COHEN: Let me point out with respect to -- to Mr. Anderson's point.
Anything that's in the EAR report that you determine that you do not want to do a specific
amendment for, ifthere's a rational basis for it; for example, it's already in the Code of Ordinances and it's
implemented somewhere else, we can provide that explanation to DCA as the rationale as to why we did
not adopt a particular amendment with respect to what was in the EAR.
We have that option available to us as long as we have a substantive reason to do that.
CHAIRMAN STRAIN: Okay. Thank you.
Mr. Anderson, is there something else you had to say?
MR. ANDERSON: Just -- just a general comment on -- on the reliance on -- on what happened
with the EAR report.
You may remember, Mr. Chairman, that at the time the EAR report was presented to this body and
to the County Commission, members of the environmental community and the development community
both spoke up at that time about the -- the -- the lack of public involvement and participation in the EAR
process up till then.
And when we spoke at the hearings and complained about that, we were told, well, we're going to
have public hearings where you'll have the opportunity to be heard and change these things so, not to worry
about it so much.
And now I find that, you know, the fact that it's already in the EAR, somehow it's now become a
hallowed document and has a presumption of correctness and had public participation and involvement in
the drafting of it when that simply is not the case.
CHAIRMAN STRAIN: Thank you, Mr. Anderson.
COMMISSIONER SCHIFFER: Randy, what number is it in the EAR?
MR. COHEN: In the EAR, it's on Page 1.5.f14.
MR. WEEKS: That's under Tab F, as in Frank, fairly close of the front of the -- your document.
COMMISSIONER SCHIFFER: What pages again? I mean, 1.5?
MR. COHEN: It's 1.5.f.14 of that section. And it's the last policy on that page.
CHAIRMAN STRAIN: Who made the recommendations for that EAR amendment? Do you
know?
MR. COHEN: The EAR amendments with respect to this particular section was routed through not
only our section but the environmental, transportation, all other applicable departments it was based on, the
Memorandum of Understanding that was entered into between DCA and the county prior to the drafting of
the EAR. And it was to be consistent with that Memorandum of Understanding.
CHAIRMAN STRAIN: This one, the way it words in the -- and I'm glad Mr. Schiffer is just
opening this up. It says, also a new policy should be created to ensure that a landowner or a mine operator
has the proper required state and/or South Florida Water Management District permits if certain local
permits are not required.
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COMMISSIONER MURRAY: It's not saying the same thing.
CHAIRMAN STRAIN: That's -- I was reading it.
Do you believe that Policy 1.5 that's front of us today is responding to the EAR policy, 5.1.5, based
on what I just read?
MR. COHEN: It does not read exactly as that policy recommendation in the EAR, no, sir.
CHAIRMAN STRAIN: Well, I think on -- yeah, I would certainly agree with you.
On that basis, I am tending to agree that this is not needed at this point but I don't know when it's
written.
COMMISSIONER CARON: Why don't you read what the EAR was supposed to --
CHAIRMAN STRAIN: The EAR Policy 5.1.5, and I -- this is the book that was given to us, as I'm
assuming, the approved EAR, requires that the mining operator be required to monitor all mining operations
to ensure that they're in direct compliance with state water quality standards and that all mining activities
must stop if water quality standards are violated as a result of mining operations.
Collier County recommends that this policy have as a default a second tier regulatory compliance
standards.
Also, a new policy should be created to ensure that a land owner or mine operator has the proper
required state and/or South Florida Water Management District permits if certain local permits are not
required.
The policy -- there is nothing in this policy related to that EAR.
COMMISSIONER CARON: Why can't we just state what was requested instead of making up a
new policy here?
CHAIRMAN STRAIN: Where's the reference to monitoring?
This policy in the EAR says nothing about federal, yet you've got federal thrown in 5.1.5 policy
here.
Talking about monitoring and activities must stop if water quality standards are violated.
There's not even the words "water quality" referenced in this amendment.
I don't know who interpreted the EAR 5.1.5, but it certainly doesn't seem to be interpreted in the
right manner in this document, Randy.
MR. ANDERSON: It looks like it's covered.
CHAIRMAN STRAIN: Mr. Anderson, you have to wait until you get to the mic, maybe identify
yourself for the young lady.
MR. ANDERSON: Mr. Chairman, Bruce Anderson for the record.
Old Policy 5.1.5 did deal with water quality issues and it's now been renumbered as 5.1.4. Maybe
that's where the confusion is.
CHAIRMAN STRAIN: That could be. So, then where is the new Policy 5.1.5 in the EAR -- in the
EAR report?
MR. COHEN: Well, as Mr. Anderson indicated old Policy 5.1.5 is renumbered as 5.1.4.
CHAIRMAN STRAIN: Right.
MR. COHEN: The new policy, which is the 5.1.5 should have been the new policy that was
referenced in the last sentence of that particular Policy 5.1.5 on the bottom of that particular page.
CHAIRMAN STRAIN: Okay. Well, then the last sentence is the one I started reading and that
doesn't reflect what you -- I think what you've got in this policy in front of us here.
New policies should be created to ensure that a land owner or mine operator has the proper required
state and/or South Florida Water Management District permits if certain local permits are not required.
COMMISSIONER SCHIFFER: So, what it sounds like is the concerns Stan had is you can't get a
__ you don't need a permit from state and federal agencies, I think we need to set up a policy here that says
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March 8, 2006
you don't need a local permit which proves that you have the other permits.
MR. CHRZANOWSKI: Sir, every excavation in Collier County gets an excavation permit.
CHAIRMAN STRAIN: So, there's never --
MR. CHRZANOWSKI: We -- we define an excavation as being more than three feet deep,
covering more than -- or covering more than 10,000 square feet.
We have had some retention areas, large retention areas get excavation permits.
I can't think of a single excavation that doesn't obtain an excavation permit, so --
COMMISSIONER SCHIFFER: So, there's no need even for this as it's requested in the EAR.
MR. CHRZANOWSKI: I take that back. There are some federal and state and local agencies that
do excavations without getting permits from us like DOT, but they always go to the district and get a
district permit.
COMMISSIONER SCHIFFER: And this is in the section on, you know, mining.
So, in other words, there's no mining that could happen in Collier County without a Collier County
permit, thus to write a new law stating you have to somehow verify that you have the state permits -- if you
don't need a Collier County permit, it's useless.
MR. CHRZANOWSKI: State DOT does mining in Collier County without a county permit.
COMMISSIONER SCHIFFER: And do you -- is there any --
MR. CHRZANOWSKI: Like for the 1-75 construction, they -- they buy land along 1-75 and dig
holes.
COMMISSIONER SCHIFFER: And do we need something in our GMP to make sure they get the
right permits?
MR. CHRZANOWSKI: They always get the right permits because they have to be permitted by
the Water Management District anyway and the excavation, so on their permit application for water
management.
CHAIRMAN STRAIN: Could they excavate without the right permits?
MR. CHRZANOWSKI: That would be harder than -- yeah. I don't think they could.
CHAIRMAN STRAIN: Okay. Thank you, Stan.
Marjorie?
MS. STUDENT-STIRLING: For the record, again, Marjorie Student-Stirling.
I would say that ifthe EAR report contains a misnomer, then -- and it's not consistent with what we
do, that we need to go forward with the appropriate policy and -- with an explanation of why, you know,
through discrepancy and why and--
MR. COHEN: And, Mr. Chairman, I just consulted with Mr. Chrzanowski and he said that the
policy could be stricken and he's comfortable relying on the existing codes and ordinances and we would
address it in response to DCA accordingly.
CHAIRMAN STRAIN: I think that would be a better idea because now we've looked at the
original language, this doesn't appear to mirror what was intended in the original language, so unless
anybody on the panel objects, the recommendation will be to strike Policy 5.1.5.
And also, let the record show that Mr. Kolflat has arrived at 9:39.
MR. COHEN: Mr. Chairman, you have one other items that you asked county staff to address,
which is on Page 7 of the document that was provided to you, and it's identified in red.
CHAIRMAN STRAIN: Policy 2.2.5? I didn't have that on my list, so let's go back and see what
the issue is.
The issue that I had mentioned there is that after the first sentence of the original language, one, I
questioned staff on whether the intent was to review and identify the stormwater management systems and
inspect those in effect -- pursuant to the policies and codes in effect at the time of approval ofthe project.
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March 8, 2006
Is that --
COMMISSIONER CARON: I believe that the wording ended up being by December 31st, 2008,
Collier County shall identify stormwater management systems that are not meeting state water quality
treatment standards.
We have -- we took out "have initiated a process" because by 2008 we want it done is what was
stated in that meeting.
COMMISSIONER MURRAY: And that is my recollection as well.
CHAIRMAN STRAIN: Okay. You're right. I got a note to that effect but I didn't have the words
crossed out.
So, Randy, what was your intent of bringing it back here today?
MR. COHEN: My understanding is from Miss Jourdan is she wasn't sure exactly what the direction
was and that's why it was brought back.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: We think Miss Caron's recollection is correct, just strike those few words
and we'll be in good shape. Okay.
MR. WEEKS: Excuse me. Mr. Chairman, in can comment?
Here's the notes that I had on this and I -- I think this was -- was not reflected as well.
I'll be reading the first sentence of Policy 2.2.5 as I understood the CCPC's direction on Monday.
By December 31 of 2008, Collier County shall have identified stormwater management systems
that are not meeting state water quality treatment standards in effect at time ofproject approval.
CHAIRMAN STRAIN: That's what I have.
COMMISSIONER MURRAY: Yes. I have the words "in effect at the time of project approval"
also on mine.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Okay. Now, are we ready to move on to Objective 12 or, Bill, do you
have something else?
MR. LORENZ: One other. I need to go back to Policy 6.1.1 (1 0).
I've just talked with Rick Y ovanovich and -- and he had asked me a question and -- and I think that
it was a -- worthy of discussion.
Let me put it up on the visualizer here.
CHAIRMAN STRAIN: I was just going to say, did he phone you but I see he's in the audience.
MR. LORENZ: He was at a -- at a pre-op meeting. The -- and this was a comment that -- that he
had in some of his draft language that he had provided to staff.
And that is the Item D under that -- that list, the type ofland use proposed taking the provision of
affordable housing into account.
I think the intent of staff was to -- was to look at a variety of different types ofland uses, certainly
with affordable housing being -- being somewhat of a priority or defInitely it being addressed for affordable
housing.
But the way the language is -- is reading now, you could -- you could read it that it is only land use
that deals with affordable housing.
And -- and that wasn't that the intent when we were working through with some of our work with
the EAC.
So, when we collapsed the language and made it a little bit simplified, I think we perhaps narrowed
the idea ofland use here.
CHAIRMAN STRAIN: Do you have a suggestion?
MR. LORENZ: We could -- we could simply say the type -- the type ofland use proposed, period,
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March 8, 2006
and we recognize that affordable housing would be part ofthe discussion on land development regulations,
or if you wanted to ensure that affordable housing was definitely taken into account with regard to this, you
could say the type of -- ofland use proposed, especially addressing credits for affordable housing.
MS. STUDENT-STIRLING: Or including the provision of affordable housing?
MR. WEEKS: I was going to suggest replace the word "taking" with "such as" and then deleting
"into account" so it would read "the type ofland use proposed such as the provision of affordable housing".
MS. STUDENT-STIRLING: I'm thinking say such as but not limited to, so, excuse me, it makes it
very clear that there are other things beside affordable housing.
CHAIRMAN STRAIN: Okay. I like that.
Does anybody else have any problems with it?
Thank you for the clarification, Bill.
Okay. Now, surprise me. Are we on to Objective l2? I'm going to be surprised, I'm not having an
answer.
Randy, are we back on?
MR. COHEN: We're back on track and I believe you wanted to deal with the EEOC items in
hurricane preparedness.
CHAIRMAN STRAIN: Well, we wanted to start with Objective 12 and work our way to the end
and I think they're all EAC from what David Weeks said. He couldn't answer the question, so somebody
has to be able to answer them.
Good morning, Dan.
MR. SUMMERS: Good morning, Chairman and commissioners. Dan Summers, Director of the
Bureau of Emergency Services, Emergency Program Manager for Collier County.
I hope that I have -- sir, excuse me. I hope I have the answers for you. What I may lag is a little bit
about your process and corrections and additions, and if you will bear with me, I think I have -- I can
address these, so I -- I have several items that I can address or if you would like to lead off, sir, and tell me
the protocol here, I think I can help.
CHAIRMAN STRAIN: We've been going through the document page by page in order ofthe
policies and objectives, and when we get to -- when the panel asks questions or at that point staff, either a
response to the questions or interjects their own concerns.
MR. SUMMERS: Thank you.
CHAIRMAN STRAIN: If you don't mind, that might be the best way to get through this.
MR. SUMMERS: That's fine. And I -- and I do start off with a section and I'm going to assume I
have the most current write ups here. I start with 12.1: and shows revised text, Page 46. And the county
will maintain.
CHAIRMAN STRAIN: We're on Page 42. Our draft is dated 2/24/06 up in the upper right-hand
corner. This happens a lot so --
MR. SUMMERS: Okay. All right.
CHAIRMAN STRAIN: There's been a lot of drafts.
MR. SUMMERS: Okay. Thank you for your help there and a -- and a quick glance here, I think
we've got the same edits, different page number.
CHAIRMAN STRAIN: Okay.
MR. SUMMERS: Would you like for me to come in on l2.l?
CHAIRMAN STRAIN: Certainly.
MR. SUMMERS: Okay. If! could, may I give a few moments of background?
This placeholder is here regarding the hurricane evacuation study and it references the Southwest
Florida Regional Planning Council's hurricane evacuation study.
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March 8,2006
As you know, I provided a copy of that to you earlier this year.
A couple of comments. This by design in 1999 or 2000, when this project was available, was really
the only research tool that was available for a hurricane evacuation study.
Since that time we have been waiting, as everyone else has, for FEMA, the State and u.s. Army
Corps of Engineers to conduct a new hurricane evacuation restudy.
The hurricane events themselves have precluded the funding and the movement forward from the
Corps of Engineers and FEMA for that restudy.
I came from coastal North Carolina where we did that frequently and petitioned the board Of
County Commissioners last year to actually do our own study.
We just signed a contract with Dewberry and Davis, Consulting Engineers to basically do an update
to that 1999/2000 Southwest Florida Regional Emergency Planning Council Evacuation Study and I don't
expect to have that study completed at least for six months.
So, what I want to tell you there is that there are a lot of dynamics in our industry and a lot of new
practices changing with hurricane evacuation and would make a recommendation that we not necessarily
quote the Southwest Florida Regional Planning Council document, but we -- give me an opening there to
refer to a designated or an approved to document from Emergency Management to serve as the engineering
basis for your recommendations.
And are you clear on that? In other words, we're --
CHAIRMAN STRAIN: I think--
MR. SUMMERS: -- not locked into using the brand of Southwest Florida Planning Council, but we
will provide an appropriate engineering study.
CHAIRMAN STRAIN: How -- how will the public know which study you're using?
MR. SUMMERS: It will be -- it will-- it will have a -- a placeholder, if you will, by the year in
which it's issued; in other words, or the most current date.
So, as I update from Southwest Florida to Dewberry and Davis, that study will have a completion
date of December 2006 and we will reference the most current study.
CHAIRMAN STRAIN: Do we know how the Dewberry and Davis study may affect hurricane
evacuation routes and times?
MR. SUMMERS: Sir, we don't because our planning philosophy has changed significantly.
My drive, number one, was just purely to get that done out of growth; secondly, we're going to
review new arterials and new roadways.
Our traffic management control system is now a new element that will be involved in that. And you
will find, as has been the case in Collier County, this really is referencing county wide evacuation, and as
you know it's my preference to do sector or geographical based evacuation where we may not evacuate the
entire county but, for example, what we've done historically areas west of 41.
So, while this was good planning philosophy with the tools that we had in '99 and 2000, we have
improved our capability substantially, and I want to let you know that we'll move forward with that, but we
need to leave that in general terms as I get new technology and science available to me.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Sir, would -- would you say though then that the way this is written
will maintain the hurricane evacuation time for Category 3 down -- it seems to be reduced to 18 hours. Is
that part of your sector plan for category--
MR. SUMMERS: It -- it will be part of that planning but, again, until I run new numbers later this
year and get some new recommendations and new research.
I think we would do ourselves a disservice because we see so much fluctuation in hurricane
scenarios, so please understand our planning is very fundamental as we see the storm approaching and all
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March t 1606
those things we work with the National Hurricane Center.
I would afraid to lock us into a particular period of time because every scenario presents different
challenges of daytime landfall or nighttime landfall.
If you need to leave an hourly requirement in there where it had to -- and I'm not sure how the 2011
showed up in that sentence, but if -- if you needed to maintain that 2011 year, I would not feel comfortable
at ten hours, but might feel more comfortable at 14 as a -- as a recommendation right now.
But as you know, I'm balancing the issues of growth, roads, seasonal populations, warning times
and those type of things, and -- and it is just that fluid.
The fundamentals are there as have been mentioned in this document, but I need to maintain the
ability to illustrate a dynamic environment dealing with mother nature.
COMMISSIONER MURRAY: Now, I don't know if I'm broaching something beyond what we can
do, but would you -- I'm getting this suggestion, I think, from you that you might be even more comfortable
ifno number of hours were put in there.
MR. SUMMERS: Sir, that's correct.
And I think our technology has come to the point and our -- our capability has gotten to the point
that I -- I can -- I -- I automatically by virtue of those comprehensive emergency management plan, I
automatically have trigger points of which to bring to the board, line up the dominos, if you will, for state of
emergency declaration decision time, which is a behavior analysis that comes out of FEMA.
What we typically know from surveys requires people to mobilize and get ready, and so then I have
to juggle the daytime and nighttime.
So, I -- I would prefer not to leave a number in there, but you please have comfort and know that
that -- that decision-making process is very -- very well instituted in our -- in our operation.
COMMISSIONER MURRAY: But we often refer to LDC language, and I don't know that this
kind of information would be in the LDC, but do you have a document that -- or does the county have a
document that it could look at for more detail? Do you publish or will publish such a document?
MR. SUMMERS: Well, and that's what we look forward to in the Dewberry and Davis study.
You all have had -- brought a lot of those concerns to me in the LDC.
And here's my challenge, ifI can take just a moment of your time.
The challenge is that while you have those density concern issues, I cannot scientifically prove to
you in the terms of the queuing time for evacuation.
You know, not everyone -- when we have given an evacuation order, if you can bear with me, it's
not a race car start from the driveway. Everyone queues, makes decisions and leaves at different times, and
as a result of voluntarily precautionary evacuation where we reduce census and encourage our tourists,
unfortunately, to leave early, that we actually in some cases gain some roadway efficiency in that, because
we're bringing the general traffic census down and we know that the media plays a big part in how much
they advertise the warning and the potential threat.
So, I do -- I don't have the science to prove to you because it is behavioral in nature as when people
move.
What I hope to do with the Dewberry and Davis study, which was not with local money, and to be
very honest with you, it's -- it's not a high price study, but I think what they'll do is validate what we have in
the 2001 southwest regional-- Southwest Florida Regional Planning Council.
And look at those numbers and give me some issues to address either policy associated with that or
to tell me that as long as I maintain certain evacuation windows, I should be able to manage that traffic flow
okay.
So, I haven't helped you much there but I have to be honest with you. I've got to have that planning
flexibility in this -- in this situation.
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CHAIRMAN STRAIN: I think you have helped. I'm trying to get to--
MS. STUDENT-STIRLING: I'm frantically looking through 9(j)(5), but it's my recollection that I
thought we had to establish a time or reference one in our comp plan.
And I'm trying to find it here, 9(j)(5), so please bear with me.
CHAIRMAN STRAIN: Okay. Mr. Murray?
COMMISSIONER MURRAY: Well, that's the crux of my question.
CHAIRMAN STRAIN: Is it? Okay. I was just going to ask you if you've finished yet or not.
COMMISSIONER MURRAY: Yeah, because it would also -- if you're going to have sectors and
you're going to have time conditioned issue, that it also relates to what category of storm it is, so you could
actually set up a series of criteria associated with the storm.
That would be your -- your -- your normal play, I would think.
MR. SUMMERS: Yes, sir. And in can elaborate one other option for the commission, and that is
if -- if we need to put some thresholds in there, one of our planning -- key planning thresholds is to basically
have the county secure and, again, that's based on storm surge and wind -- and wind fields and those type of
things, but to have a secure posture for the county before the arrival of gale force winds.
So, the -- the arrival of gale force winds itself by the planning hurricane model might be a better
decision point than to throw an arbitrary ten or 14 hours.
COMMISSIONER MURRAY: I personally like your descriptions of how we should put this in
here. I wish that we had some way of getting your structured statements --
MR. SUMMERS: I understand.
COMMISSIONER MURRAY: -- brought back to us.
CHAIRMAN STRAIN: I have a suggestion on how to have gotten that done if -- once Mr. Schiffer
MS. STUDENT-STIRLING: We need -- according to 9(j(5), we need a specific objective that
shows how we maintain or reduce hurricane evacuation times, so --
CHAIRMAN STRAIN: Thank you. And Mr. Schiffer?
MS. STUDENT -STIRLING: And this says the county will maintain hurricane evacuation times
and, you know, DCA always gets on us about, you know, being specific and measurable and things like
that, so I have a -- I have a bit of concern about taking it out unless -- if you refer to another document,
unless you refer to it specifically and by date, DCA has a problem that that becomes a self-amending plan,
because as that reference document is amended, it automatically amends the comp plan without going
through the process.
MR. SUMMERS: Mr. Chairman, I have another option there that can succinctly bring that to you,
and that is after -- on the third line where it says, the planning council's hurricane evacuation study update
and will, and I would like to insert the word "attempt" to reduce the time frame by 2011 to 14 hours.
And -- and if that is acceptable, I -- I can live with that at this point until I get additional research
data at a later date.
MR. COHEN: And, Mr. Chairman, that would meet the intent of9(j(5.
CHAIRMAN STRAIN: Well, I -- let's get done with the panel's questions before we go too far in
saYIng yes or no.
MR. COHEN: Thank you.
CHAIRMAN STRAIN: Mr. Schiffer, you had a question?
COMMISSIONER SCHIFFER: Yeah. Just one thing is would it be okay if after the -- and -- and
Marjorie would probably tell me this, but after you reference the planning council, could you put in there
"or BCC accepted study"?
In other words, that gives you the option to grab on to another study if --
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March 8, 2006
COMMISSIONER MURRAY: That's fine.
COMMISSIONER SCHIFFER: -- you convince the commissioners that that's a better study?
MR. SUMMERS: Yes, sir. That would help me.
COMMISSIONER SCHIFFER: Just a curiosity. When you give a time frame, what does that
mean? Does that mean they're out of the house in their car or does mean they're across the county line?
MR. SUMMERS: Sir, and that's one of the reasons that even kicking offthis study is late.
FEMA had initiated two behavior analysis studies related to the '03 hurricane season, and was so
delayed from the '04-05 activity that the reason I withheld even activating this Collier County study was
because I couldn't afford -- none of us could afford to get the behavior analysis data that we were waiting on
from FEMA that was about two years behind.
So, the answer to that question is we can leave 14 hours as a clearance time. That 14 hour mark for
me would be -- would be arrival of gale force winds minus 14 hours.
COMMISSIONER SCHIFFER: But what's the ending? I mean, if I'm evacuating, when do I
consider myself evacuated?
MR. SUMMERS: Sir, would you restate the question?
COMMISSIONER SCHIFFER: Well, when there was a -- we're given a time frame so, obviously,
you can issue an order and then there's a point in which everybody has to be evacuated.
What does evacuated mean? Does it mean out of your county, in a shelter, I guess, makes sense?
MR. SUMMERS: When we -- when me make those recommendations, and -- and that's a good
point. That's what is changed in some of the evacuation science, if you will.
Number one is our building codes are better so we have more wind resistant construction.
Number two, our philosophy is to run from the water and hide from the wind, so as we look at storm
surge inundation, that's the area that we really want to have totally clear.
The third part of that might be other shelter options and those include general public, family and
friends, areas oflast resort or refuge, other safe areas, hotels and motels well inland.
So, the destination related to that 14 hours is totally up to the evacuee.
The l4-hour clearance point for me is that I want the census as low as possible. I want the hatches
battened down, if you will, from the point I give evacuation recommendation -- or evacuation order 14
hours, and I want to time that 14 hours -- that 14th hour is before the arrival of gale force winds.
COMMISSIONER SCHIFFER: So, the misnomer though is -- evacuation tends to give me the
impression that I've got to leave. I'm going to move, but what you're really describing is and the phrase you
used during the storm you want everybody hunkered down by this hour.
MR. SUMMERS: That is correct. And -- and--
COMMISSIONER SCHIFFER: Should we maybe change the word "evacuation"?
MR. SUMMERS: No, sir. I'm very, very comfortable with evacuation because there could -- just
because I could have any other magnitude of order.
And I have -- you know, I have to tell you we're going to begin tsunami planning next year as a
requirement. So, let's leave -- I'm comfortable with the evacuation terminology.
CHAIRMAN STRAIN: Mr. Summers, the first paragraph we've attempted to get past, I'm finding
out that most of it is not written appropriately to meet your needs.
Why did you write this way in the first place?
MR. SUMMERS: Sir, I inherited this document. I'm not the editor of this as--
CHAIRMAN STRAIN: Well, why -- when you consulted with Randy and David in the writing of
this language of the past few months, why did you let them put it in this way?
MR. SUMMERS: Sir, it was our -- our request or my understanding through staff that we were
requested to make general edits, not do a rewrite on this document. We were asked for general input.
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March 8, 2006
CHAIRMAN STRAIN: And, see, I -- I have the utmost faith in you and your department and I
think you're probably one of most efficient departments I've seen, and I was hoping that you had the lead in
writing this language, because that's how it should have been done.
It appears though that some of this -- and I'm not sure how many paragraphs we're going to get into
that need a rewrite to this extent --
MR. SUMMERS: Right.
CHAIRMAN STRAIN: -- so, maybe Randy or someone can tell me how we got here today with
such --
MR. SUMMERS: Mr. Chairman, let me also mention that only three weeks ago did our EOC close
operations for Wilma.
We continue to be in recovery operations for almost several thousand people still working on
displaced issues.
The county looks quite back to normal. The emergency operation is not.
And if we missed a deadline, then I'll take the -- I'll take the -- the strike against that for what they
needed, but we thought we were looking at this in terms of general comment and not necessarily, at least at
my direction, was not that they needed a rewrite, but were looking for input.
And I know that you're -- have been frustrated by hurricane delays, but I have to tell you I've had to
put the human service priority needs ahead of -- in the EOC of what these products would be.
And I think this is important and this is very, very good. I don't know your time window for
completing that and we would do our best to fine tune that at any point.
CHAIRMAN STRAIN: I'm trying to get to the point where we know this document is done
correctly.
MR. SUMMERS: Uh-huh.
CHAIRMAN STRAIN: If you didn't have time to provide your input, which I fully understand why
you may not have, and I certainly don't blame you for that reason, then this document shouldn't have been
presented until it had your input, because this is a -- one ofthe most vital elements of this whole document
and hurricane evacuation is going to get worse and not better, so --
MR. SUMMERS: And -- and to be honest with you, I only have a few other minor comments with
the document, so I wanted to take the opportunity to share with you the fact of some of the dynamics that
have just changed recently in the planning and the response, make some minor edits and I think that we're
generally okay here.
CHAIRMAN STRAIN: We're going to be meeting here most likely all day today and a half a day
tomorrow.
In this particular paragraph I would rather you went through this paragraph carefully and came back
with better language to us that we could approve --
MR. SUMMERS: Okay.
CHAIRMAN STRAIN: -- instead of trying to reinvent the wheel here at the podium today.
MR. SUMMERS: I'm happy--
CHAIRMAN STRAIN: Would that be okay for this paragraph?
MR. SUMMERS: I'm happy to do that.
COMMISSIONER MURRAY: Please.
COMMISSIONER SCHIFFER: Mark, I also have a question.
Where did the hours come from? The EAR didn't require a change in timing, so where did that
come from?
MR. SUMMERS: The -- the hours, the evacuation hours?
COMMISSIONER SCHIFFER: That are in the -- that are in the proposed.
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March 8, 2006
MR. SUMMERS: There are general thresholds written in that 2001 hurricane evacuation -- I'm
sorry. The 2001 Southwest Florida Regional Planning Council hurricane evacuation study update.
That's where the general hours, the general hours of recommendation takes place. And that's only
one tool that I use in making that decision process, but that is the one that is our document of record to this
point.
COMMISSIONER SCHIFFER: But you're suggesting hours different that are printed here.
MR. SUMMERS: Yes. And it's only because of their -- again, the particular weather scenarios, our
ability for the public to make decisions, new behavior analysis that has come out or will be coming out from
FEMA.
So, while I do -- while we have quoted an hourly period here, I think we've given empirical
knowledge that we know that we have to have some fluctuation in that based on our experience.
COMMISSIONER MURRAY: And, if I may, a range of hours may be most appropriate.
MR. SUMMERS: Yes, sir.
COMMISSIONER MURRAY: Ifthat should be --
CHAIRMAN STRAIN: Well, I think the best resolution is, and the most effective, is to let Mr.
Summers come back with what language he would like to see here since this is going to set the pattern for
the next seven years.
I'm certain they would like to do it right and I'd you to have the time to do it right and if you feel
you can clean this up.
MR. SUMMERS: Oh, I can. I can. And -- and the edits I have here today, I don't know that they
made it full circle in some of the time pressures that we had.
But if you can grant us a few days, I'll be glad to submit to staffa new clean document for your
consideration.
CHAIRMAN STRAIN: I know. I'm not sure a few days will work.
Randy, I think we're going to be meeting here through tomorrow.
MR. COHEN: Come back tomorrow morning and if we do not finish with the entirety of the
amendments, then we're set to meet again on, I believe, March the 16th.
CHAIRMAN STRAIN: Okay. And, Dan, just before -- I mean, the --
MR. SUMMERS: Just for Paragraph 12.
CHAIRMAN STRAIN: Well, no. Actually, just the objective paragraph we're talking about now,
you may not -- I've got questions on the rest of this and I think we got to go through the rest of it.
MR. SUMMERS: Okay.
CHAIRMAN STRAIN: And ifthere's issues that flush out that are as troublesome as this one is for
you, then I think we need to revisit that one because this has got to be written in a manner that's works for
your department. I think that's absolutely critical.
MR. SUMMERS: Thank you.
CHAIRMAN STRAIN: So, Miss Jourdan, you've been standing there. Are you -- did you want to
say something?
MS. JOURDAN: Yes. I just wanted to speak to where these numbers came from. I've been
working with the -- with Rick Zolaski -- I believe that's how you pronounce it -- for months regarding this
document.
All the data that's in here, all the changes were given by him and approved by him.
CHAIRMAN STRAIN: Okay. And he's been with the Emergency Services Department as well, so
most likely, he's been under the gun with the hurricane problems, and I fully expect that we'll get a better
write of this if we'll just work on it a little bit more.
Thank you.
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March 8, 2006
With that, the -- we can move on to -- there are policies then that are underneath this objective.
Are there any comments from the panel on Page 43?
Because ifnone, I -- Miss Caron?
COMMISSIONER CARON: I have a question on 12.1.3 of the date changes.
Tell me why -- why we're pushing those dates out. I mean, do we have 45,000 in place here in
2006?
MR. SUMMERS: No, ma'am.
Currently we have approximately 32,000 spaces, and based on that -- based on the -- and the way
that's computed, is 20 square feet, is mentioned in that -- now, we do have a number of new schools coming
on line.
We were already in close negotiation with the schools on those shelter spaces.
Here's another challenge that FEMA and the state have thrown to us. The state elected immediately
following Charlie to come back in and do a new inventory of sheltered space and sheltered space
computation.
That project, too, fell behind because of Wilma, so we have not initiated any new studies waiting on
the state's consultant for that.
So, our only issue -- real issue there is to tell you that we currently have 32,000 spaces that we can
identify.
We have more schools coming on line and we will probably reach that 45,000 person shelter space
by 2010. So, if you would like to make that--
COMMISSIONER CARON: But here it appears that --
MR. SUMMERS: -- read as 45,000 for 2006 and 60,000 by 2010, as I see in edits there, that's
doable.
COMMISSIONER CARON: In this plan it says that we are to have 60,000 by 2010, not 45,000.
MR. SUMMERS: We're not going to make the 60,000 by 2010.
Again, I'm somewhat of a -- I have to rely on what the school system's plans are and, as you know,
that school construction project schedule is very fluid as well.
I can't really mark that space until the building is complete.
CHAIRMAN STRAIN: So, your suggestion for Policy 12.1.3 would be to change the 45,000 to
32,000 and the 60,000 to 45,000.
MR. SUMMERS: Yes, sir. That's correct.
CHAIRMAN STRAIN: Okay. And I -- I don't think.
MR. SUMMERS: Thank you. I -- I went the round about way to get there. Thank you.
CHAIRMAN STRAIN: I don't think it's a matter of choice. It's just a matter of fact --
COMMISSIONER CARON: It's what the reality is.
CHAIRMAN STRAIN: -- so does anybody--
MR. SUMMERS: Yes, ma'am.
CHAIRMAN STRAIN: -- does the panel have any other suggestions on this policy?
COMMISSIONER SCHIFFER: Just a question. What happened in the past? Was this totally
ignored in the past?
COMMISSIONER VIGLIOTTI: I don't think the facility existed.
COMMISSIONER CARON: Why weren't --
COMMISSIONER SCHIFFER: Well, I mean, we're supposed to be meeting the goals ofthe GMP.
We've never -- we've reviewed applications. We've never looked at schools and stuff to add that, so -- even
private schools. I mean we've ignored it, too.
CHAIRMAN STRAIN: Well, I think we won't from now on.
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Ma~~, 2006
So, I think the recommendation from the panel is to correct the numbers as Mr. Summers has
indicated, and we'll move on from Policy 12.1.3 after we take a l5-minute break for the court reporter and
be back here --
COMMISSIONER SCHIFFER: Okay. Can I just say one thing real quick on this?
CHAIRMAN STRAIN: -- at 10:25.
COMMISSIONER SCHIFFER: Mr. Summers, could we put something in the -- in the GMP that
requires them to review applications so that they could see sites so that we could accelerate adding shelter
space?
MR. SUMMERS: When you talk about reviewing sites in terms ofthe school sites?
COMMISSIONER SCHIFFER: No, PUDs, maybe some commercial buildings, maybe something
MR. SUMMERS: We already do review those.
CHAIRMAN STRAIN: We asked that of -- I've asked that at a couple of the last PUD meetings
and I was told by staff they already review them so --
COMMISSIONER SCHIFFER: But we've never, you know, had anybody say, hey, this clubhouse
could be brought up to --
CHAIRMAN STRAIN: When we get from our break, that is addressed in Policy in 12.1.4, and I
had plenty questions about that very issue, so when we take our break, we'll be back here at 10:25. Thank
you.
(A recess was had.)
CHAIRMAN STRAIN: If everybody will go back to their positions, Mr. Schiffer wants to continue
where he left off if we could go there. And I believe we're on Policy 12.1.3.
COMMISSIONER SCHIFFER: And I guess my question, and actually in conversation during the
break, it's kind of answered, is the use of private facilities for that and -- and there's a lot of reasons not to,
so I'll move on from there.
CHAIRMAN STRAIN: Oh, okay.
Now, we're on Miss Caron.
COMMISSIONER CARON: I just have a couple of comments.
In the Policy 12.1.1, I think after public, it should say it's a public hurricane awareness program. It
doesn't say -- you know, I mean obviously we're in that section but I think that would be just clearer.
And then back onto --
CHAIRMAN STRAIN: Before you move onto that point, let's get that understood and clarified so
we can do them in order.
Is that okay?
COMMISSIONER CARON: Uh-huh.
CHAIRMAN STRAIN: All right. Is your department in -- in developing Policy 12.1.1, is that
intentioned to be strictly hurricane awareness?
MR. SUMMERS: We -- we do address -- we do a number of community seminars, Mr. Chairman,
and we try to do as much media outreach, and we have a magazine that is a hurricane preparedness guide.
However, FEMA guidance right now is that we not only do hurricane, but we do all hazard,
including homeland security issues.
So, we have met this as the intention of hurricane, but we do address it all hazard as a -- as a
complementary effort.
CHAIRMAN STRAIN: Okay. Then I think we'll just leave the verbiage out.
MR. SUMMERS: That's fine.
CHAIRMAN STRAIN: Okay. Miss Caron?
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March 8.1<6> I
COMMISSIONER CARON: Yeah. Just to follow up on -- on the figures, the 32,000 and the
42,000, is there some sort oflevel service that we are supposed to attain?
Where did the 60,000 come from to begin with?
MR. SUMMERS: There are -- and this is -- this goes -- this will be another to answer that question,
we'll come back again out of this hurricane evacuation restudy pending the information that we get from
FEMA's behavior analysis.
What we are seeing, what we estimate typically is something that will -- we'll look at between seven
to 15 percent, and of the general population will evacuate to a public shelter location. The remainder goes
elsewhere.
Those numbers even change by storm. So, when we're looking at state projections, the state -- the
state division of emergency management puts these requests over -- or as a planning -- there's a planning
standard, if you will, for anywhere between ten, 15 percent, the general population taking shelter in public
evacuation shelters.
That's where that number comes from. However, each storm event, when FEMA comes back and
looks at these census, they give new guidance to the state.
This says, okay, well, maybe you need to bump that to 17 percent or maybe you need to jump that
to 20 percent of the general population.
So, we are taking the current state standard and applying that to the number of shelter spaces.
Now, we still maintain a deficit, but that deficit is because we have to have those shelters out of the
potential cap, four cap five storm surge zones.
So, as we see more development inland in Collier County, we see more school buildings inland, that
deficit will go away.
Now, deficit doesn't mean that we ever turn anybody away. It's just that the conditions become
more cramped and little more challenging.
And we have a great -- in our Hurricane Protection Act, Preparedness and Protection Act with the --
that's legislative for the school buildings to build to that standard.
We work with that group, with the Collier County District Schools, and they do a great job of
working with us to address the hurricane protection issues in these buildings.
We're on a very good course there for a reduction in deficit.
CHAIRMAN STRAIN: Miss Caron, did you have any others?
Just out of curiosity, I just checked Mr. Weeks' population projections. Do you use weighted or
permanent population in the calculation of space?
MR. SUMMERS: Sir, I knew you were going to ask me that and I've got to go back and research
that one because we went through that on our EMS discussions, and I need to check with the state on that.
I'm sure that they're not using a weighted average.
CHAIRMAN STRAIN: And that -- would you get back to us on that policy--
MR. SUMMERS: I'll--
CHAIRMAN STRAIN: -- policy before we.
MR. SUMMERS: I'll find out in can get that answer timely from the state, I'll do that.
CHAIRMAN STRAIN: Okay. The reason I'm asking is weighted, according to David, is 721,000
people in the year 2010, permanent is 497,000 thousand.mThat sure would have a big bearing on the number of --
MR. SUMMERS: I will.
CHAIRMAN STRAIN: -- persons that you would need shelters for.
MR. SUMMERS: Thank you.
CHAIRMAN STRAIN: Policy 12.14.
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March 8, 2006
I had a couple questions there. This is the one that may lend itselfto some of Mr. Schiffer's
questions concerning how we look for the hurricane refuge requirement.
In the middle of, let's say the one, two, three -- fifth line down, right after the word that says, refuge
space onsite or to provide funding to enhance one or more existing public shelters off-site.
The criteria under which the decision will be made on whether someone leaves it onsite or provides
it off-site. Is that currently written, that you know of?
MR. SUMMERS: Sir, it is currently written, but we've not had any mobile home parks greater--
we've not had a scenario since my tenure where we've had a mobile home park where we are -- have
required this shelter refuge requirement.
It just hasn't materialized as needed at this point -- or it hasn't materialized as a project, I should say.
Now, the reason we say onsite refuge or some other adjacency retrofit there, the goal in that mobile
home scenario is really tornado protection.
CHAIRMAN STRAIN: Before you go too far in the mobile home scenario, this is not just mobile
homes. This is every single subdivision in the county.
They change the language in here to say mobile home parks or subdivisions. That's everything.
So, maybe your answer ought to -- David?
MR. WEEKS: Perhaps we need to change the language. The intent of that was to say mobile home
parks or mobile home subdivisions.
MR. SUMMERS: Right.
CHAIRMAN STRAIN: Oh, okay.
MR. WEEKS: It's always in the context of mobile home--
CHAIRMAN STRAIN: Well, that certainly will change the way the whole thing is read.
MR. WEEKS: Well, on this point, I wanted to mention that in the -- in the future land use element,
there is a prohibition on -- presently a prohibition on any new zonings for mobile home development in the
urban coastal fringe, which through this process we're changing to stay within the coastal high hazard area.
The short of it is that the only opportunity for a new mobile home development park or subdivision
would be for any existing zoning that is not present -- presently developed --
CHAIRMAN STRAIN: Okay. Then maybe we can --
MR. SUMMERS: -- which is minimal.
CHAIRMAN STRAIN: -- short circuit this whole thing because if you're know -- ifthis is -- we
just need to substitute -- put the words "mobile home subdivision" in front of the word "subdivisions", then
I understand the paragraph, it makes sense, I've got no question on it.
So, does anybody have an objection to adding that?
COMMISSIONER MURRAY: I already interpolated that.
CHAIRMAN STRAIN: Well, I wasn't able to. I was--
MR. SUMMERS: And I thought I was going to need the defibrillator there for a minute. Okay.
COMMISSIONER SCHIFFER: I just -- I have a question on this section.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Is -- in the EAR, there was a requirement to make these have the
building standards of central facilities.
That didn't show up in the mobile home park or was it covered in l2.l.5?
I guess you covered it there. Does 12.1.5 only refer to these mobile home park shelters?
CHAIRMAN STRAIN: I think it does now.
COMMISSIONER SCHIFFER: I think it does, yeah.
Okay. And I guess the misleading to that, are we ready to go? Is there anybody else on four?
CHAIRMAN STRAIN: No. I'm ready to move to Page 44.
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March 8, 2006
Mr. Schiffer, if you're already there, why don't you start then?
COMMISSIONER SCHIFFER: The -- I think we got a reference -- the standard building code
actually doesn't exist. The last issue was '97, so I don't think you want to lock us there.
So can we in there put the Florida building code?
And, Marjorie, you said you can't reference an amending document. You have to reference a year?
MS. STUDENT-STIRLING: Well, it's better -- it has a table referenced and I think we should put
the year.
COMMISSIONER SCHIFFER: Well, the table doesn't apply anymore.
The standard building code is actually now the Florida building code.
MS. STUDENT-STIRLING: I didn't know if that table was carried forward or not in this part of the
building.
COMMISSIONER SCHIFFER: The table doesn't, so -- but, in other words, do we have to write --
put a year which the current Florida building code would be in 2004.
Well, can't we just say --
MS. STUDENT-STIRLING: I think we could put the year and put parens after the 2004.
COMMISSIONER SCHIFFER: And then every three years we have to update it?
CHAIRMAN STRAIN: Well, see, it says right now, Marjorie, the latest standard building--
MS. STUDENT-STIRLING: Okay.
COMMISSIONER SCHIFFER: Is that okay?
MS. STUDENT-STIRLING: Yeah. Well, we'll-- well, I think so. And we'll see if DCA -- can't
we draw a comment on it from DCA. I understand the point.
CHAIRMAN STRAIN: Okay. Then, Brad, let me understand your correction, so it's clear. The
standard building code will be struck, substituted with the word, Florida Building Code, and the words
Table 1205 will be struck.
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And -- and the concept of essential facilities is still how it's
discussed in the building code.
CHAIRMAN STRAIN: Okay. On that same paragraph, while we're there, you're going to change
the references to mobile home parks or subdivisions to mobile home parks or mobile home subdivisions;
correct?
MR. WEEKS: Got it.
CHAIRMAN STRAIN: And if you look at the line just below standard building code, the sentence
begins refuges will-- shall be constructed with adequate emergency electrical power.
I'm concerned about the ambiguity of the word "adequate".
Over on 12.15, you actually got into what is adequate in one element of air conditioning, for
example.
So, is there a way that you could state what adequate is or define it somehow or is -- or is there a
way that can be done?
MR. SUMMERS: Sir, I think when -- if you remove the word "adequate", at that point what you
have is typical when an emergency generator goes in with guidance under -- under your central facilities,
that issue goes away because those emergency lighting egress, communications, fire alarm and those type
of things are adequately addressed.
CHAIRMAN STRAIN: Okay. So, we would strike the word "adequate".
COMMISSIONER MURRAY: Did you want to supplant it with typical?
MR. SUMMERS: No, sir. I think -- I think there's code reference that carries this through.
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March 8, 2006
COMMISSIONER MURRAY: Emergency electrical power.
MR. SUMMERS: Yes, sir.
CHAIRMAN STRAIN: And, Miss Caron, reminded me that appears in the next sentence, too, just
in front of them, and the sentence after that. So, anywhere where the word "adequate" appears in those -- in
relationship to the standards we would basically remove it.
MR. SUMMERS: That's correct.
CHAIRMAN STRAIN: Okay. My question on -- oh, is there any other questions on Page 44?
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: Sorry to do this. Could we go back to Policy 12.1.3.
CHAIRMAN STRAIN: Yes.
MR. WEEKS: Some offline discussion. I think we need to remove the phrase that complies with
Red Cross standards. Is that correct, Dan?
MR. SUMMERS: Yes, you can. And -- and the reason -- the Red -- first of all, when we go -- let's
be real candid here.
All of our evacuation shelters will continue to be publicly owned buildings, and because of -- we
have the statutory authority or the working relationship with Collier County District Schools to address that
Issue.
The Red Cross standards referenced in here are really somewhat elementary because we're using the
20-foot -- 20 square feet per person as guidance. And that is in fact what's in the Red Cross guidance.
But the other thing associated with Red Cross does things like counts the number of water closets
and counts the number of classrooms and those type of things.
As a recommendation, our only concern for a baseline standard and computation is 20 square feet.
So, it doesn't lock us in.
If for some reason that the Red Cross can't perform, we -- and we still need a refuge versus a shelter
operation, we've not barred ourselves from any other operation.
So, I -- I like Jim's terms, kind of sophomoric in terms of using Red Cross and 20 square feet. Let's
use 20 square feet.
CHAIRMAN STRAIN: Okay. We'll strike the word that complies with the Red Cross standard. Is
there any objection?
MR. SUMMERS: We'll do that anyway by a process.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Now that we're back here on amount of people, you were going
to try and -- try and find out what we're going to do with weighted or permanent population?
Now, hurricane season is off season. I know we like to use weighted.
CHAIRMAN STRAIN: No, we don't. We don't. The county has used weighted as a determination
of the AUIR.
I simply was asking which -- I have no preference. I just want to know what their preference is and
which one they're using just for the sake of understanding how the number got there.
COMMISSIONER VIGLIOTTI: Okay.
CHAIRMAN STRAIN: Because the number they are using is based on the population statistics
they use. I don't know which one they're using. I'm just curious.
MR. SUMMERS: That's correct.
And, sir, every event, time of day, day of week, season, has a bearing on our ultimate evacuation
and our shelter population.
The only thing I can measure, shelter population, and we think Wilma was an excellent baseline
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event, if you will, for fundamental planning with close to 8,000 -- 8500 or so in public shelters in Collier
County.
CHAIRMAN STRAIN: Thank you.
Mr. Schiffer.
COMMISSIONER SCHIFFER: And this is to Randy.
Randy, the -- in the EAR, the policy states that we do require the county to identify shelter space
that complies with the Red Cross.
Now, will we take that out now, is that something you have to note in--
MR. COHEN: We're still going to comply with the 20 square feet so we're okay. Twenty--
COMMISSIONER SCHIFFER: Well, he stated other things.
CHAIRMAN STRAIN: -- square feet.
COMMISSIONER SCHIFFER: It just says Red Cross standards. It doesn't say the area
requirement of Red Cross standards.
MR. COHEN: I don't know. I think we're capable of explaining if the -- ifthe issue arises that for
the 20 -- the 20-square foot reference that's in there is the Red Cross standard and I think it will suffice with
DCA.
COMMISSIONER SCHIFFER: I mean, my concern is that some of the other things you said like
toilets and stuffwere some of the major complaints that New Orleans folks had in their shelters, so -- it -- it
does say Red Cross standards, not the area standards of Red Cross.
So, if -- do we want to abandon that or do we want to see where we are based on Red Cross
standards?
MR. SUMMERS: Well--
COMMISSIONER SCHIFFER: Will that get us in a lot of trouble or--
MR. SUMMERS: No, sir. And, respectfully, I -- I hope we don't use New Orleans as our
comparison and contrast here in Collier, but let me just tell you that remember our general population
shelters have less census than what the school has on day-to-day operations.
So, we put three or four or 500 people in the school building that's typically designed to manage
seven or 800 people.
So, in Collier County, at least for us, we don't run into that scenario where there's that kind of
deficiency.
MR. COHEN: I believe we're -- we're still consistent because if you read the first sentence, it says
that we have to continue to identify shelter space that complies.
And then in the second sentence, we basically say what that shelter space is. So, if we leave in the
reference to the 20 square feet per person, I think we're fine.
CHAIRMAN STRAIN: All right. Okay.
COMMISSIONER SCHIFFER: I just -- you know, we've never had a Category 5, but it's in the
target of either and that could send a lot of people, a lot more than 500, to the shelter.
But, anyway, we'll go, move on.
CHAIRMAN STRAIN: And on 12.1.6, it talks about your coordination on evacuation route needs
and improvements with the transportation department?
MR. SUMMERS: Yes.
CHAIRMAN STRAIN: They prioritize their -- their needs in the AUIR.
Are you part of that prioritization.
MR. SUMMERS: This -- we will become a part ofthat with this new hurricane evacuation restudy.
So, there has not been an information capture that we have had with possible evacuation arterials
and their design related to our evacuation timing.
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March 8, 2006
That's what I hoped this Dewberry and Davis study will help me bridge that and look at those timing
elements, new -- new evacuation signs, alternate routes and those type of things, so I think suffice to say we
will meet that as we begin this new study element.
CHAIRMAN STRAIN: There is a Florida statute that comes into play when you have a failed level
of service on evacuation routes, that number is 163 .3180( 6).
And I would just like in the future when you have PUDs come through, if they do affect failed
hurricane evacuation routes that have levels of service operating below their adopted standards, that
language is very specific on emergency management is, I think, allowed to approve.
MR. SUMMERS: Okay.
CHAIRMAN STRAIN: But I certainly would like it to be aware of that when it's coming through.
MR. SUMMERS: And, Mr. Chairman, if you can help us with that because we're not -- we don't
necessarily have that road expertise.
But iftransportation during their review would highlight that to us, that would give us an
opportunity to better flag that a little bit because they would have that particular arterial data base they we
don't have.
CHAIRMAN STRAIN: I think with the heightened issues on roads now, maybe this question will
come up more often in our review as well.
MR. SUMMERS: Okay.
CHAIRMAN STRAIN: So, I think we'll see that.
MR. SUMMERS: If -- if we could get -- if we could get some expertise lent to us there, we could
certainly provide some input.
CHAIRMAN STRAIN: On Page 45, are there any questions from the panel.
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Miss Caron.
COMMISSIONER CARON: On 12.1.10 right at the top, why are we lowering a standard?
MR. SUMMERS: I can address that a little bit and -- and -- and might ask Mr. Schiffer to help me
there a little bit.
I think since the time this was written with the changes in the Florida Building Code, you have a
change in the wind speed, but you actually have a change in the duration and the elevation of that wind
speed.
COMMISSIONER SCHIFFER: Correct.
MR. SUMMERS: Sir, is that correct?
COMMISSIONER SCHIFFER: Yeah. There's a different system of doing it. That 155 would
have major forces on the buildings, so the difference between that and 165. You're up in helter-skelter
region to begin with so --
MR. SUMMERS: Right.
We're comfort -- we're very comfortable with that change because there were other engineering
criteria applied to it.
COMMISSIONER SCHIFFER: Cost factors, things like that.
CHAIRMAN STRAIN: On that same policy, you're using the word -- well, let me read the
sentence. The new public safety facilities in Collier County, all new, will be flood proofed and designed to
meet 155 mile per hour wind.
Does that mean flood proof all the way to the top?
MR. SUMMERS: No, sir.
And -- and let's be -- that -- again, that was what we used to think out -- think about in the olden
days. Let's change that to flood resistent.
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March 8, 2006
COMMISSIONER MURRAY: Well, that's good.
CHAIRMAN STRAIN: Is there a definition of what flood resistent is somewhere? Will someone
know what that means, the designers?
MR. SUMMERS: Yes, sir.
And I think what -- what -- as we get in particularly, and let's use this reference.
As we look at FEMA Fir maps and what we see might typically be a new flood -- flood map and
then maybe one foot of free board before you get to the operational space.
So, flood resistance and, again, if you need that reference, it would be the existing FEMA Fir maps.
CHAIRMAN STRAIN: Thank you.
So, I'm hearing no objection. We'll change the word from flood proof to flood resistent.
Down at the bottom, 12.1.15, I would assume it would be better to strike the word "suitable" in the
second to the last line in front of ventilation, and just leave capable of ventilation or air conditioning
provided by backup generator.
Suitable is another one ofthose ambiguous terms.
MR. SUMMERS: That's correct, sir. I'm good with that.
CHAIRMAN STRAIN: We'll strike the word "suitable".
Mr. Murray?
COMMISSIONER MURRAY: Yeah. I have -- I don't know. 12.1.14, I have David Weeks' name
right next to that one and I'm just trying to remember whether or not that was something we talked about
David was going to look at.
I apologize by not having a further note to qualify it, but just looking at it now --
CHAIRMAN STRAIN: Is there --
COMMISSIONER MURRAY: -- I'm just trying to understand if there's anything that David was
supposed to be involved in there.
MR. WEEKS: How--
COMMISSIONER MURRAY: Do you have a recollection of anything associated with that?
MR. WEEKS: The only thing I recall, it seemed like there was a question about the year, 2007
versus 2006, which would be the next AUIR.
COMMISSIONER MURRAY: Maybe that's that, because I notated -- I didn't put enough note. I
apologize.
Okay. So, should that be 2000 -- how should that be? Prior to the adoption of the -- it should be
2006 then, should it not?
MR. COHEN: The policy will not be in effect at the time of the AUIR review in 2006, so probably
the correct reference is 2007.
CHAIRMAN STRAIN: Okay.
MR. COHEN: The other thing that I think would be important in that policy when it was originally
drafted, we had Category A and Category B, public facilities.
Now, as part of the AUIR, we do Category A and Category B facilities. I think maybe it -- because
it's not identified as an A or B maybe we ought to just basically put it in there that Collier County shall have
__ whether to include hurricane shelters in the five-year schedule of capital improvements and strike as a
Category A public facility.
That way we'll only just come in, you know, for your review as part of the AUIR. If it's determined
to be something that is essential by -- by emergency services.
COMMISSIONER MURRAY: I think the BOCC specifically disallowed the Category B to be part
ofthe --
MR. COHEN: Part of the CIE.
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March 8, 2006
COMMISSIONER MURRAY: Right. So, you want to make sure you don't get trapped on that.
MR. COHEN: Correct.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Any problems with the panel striking that language?
COMMISSIONER SCHIFFER: No.
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Okay. Page 46.
Any questions from the panel?
Mr. Schiffer.
COMMISSIONER SCHIFFER: I have a question.
And what we're dealing with is -- is policies within a coastal construction, coastal zone, you know,
and we're talking about hurricanes, we're talking about hazard mitigation.
I mean -- does that mean that these things don't apply outside that zone or -- and the question on
hazard mitigation is -- is it hazards greater than hurricanes that we're talking about here?
CHAIRMAN STRAIN: Do you have a specific policy or chapter you're referring to?
COMMISSIONER SCHIFFER: Well, I mean, if you look at 12.2.1 has hazard mitigation and,
remember, we're in the coastal -- the CCME, we're not -- you know, and there's a lot more county outside of
that.
But I guess question number one is, is this hazard mitigation only referring to hurricanes as the
hazard?
MR. SUMMERS: No, sir, it's not.
COMMISSIONER SCHIFFER: And, so--
MR. SUMMERS: And 12 -- let me make sure I'm at the right paragraph. 12.2.1?
COMMISSIONER SCHIFFER: Correct.
MR. SUMMERS: Yes. The -- and what it's referencing there is Collier County's hazard mitigation
plan, and that hazard mitigation plan has a working group and is submitted to the state.
That hazard mitigation plan basically through empirical knowledge as well as vulnerability ratings
comes up with areas of concern for mitigation activities and recommendations.
Primarily, that is the -- that goes to Tallahassee for grant funding.
But it is -- although the bulk of the weight because of the bulk of our vulnerability is hurricane, it
still takes on an all hazards approach.
COMMISSIONER SCHIFFER: So, my question to Randy is that, Randy, why is hazard mitigation
a subset of hurricanes and why are hurricanes a subset ofthe CCME?
CHAIRMAN STRAIN: I don't understand.
COMMISSIONER SCHIFFER: Well, in other words, we're in the coastal management areas. And
we're discussing hurricanes, so does this stuff, this statute here not apply outside that area?
CHAIRMAN STRAIN: Well, let -- I don't understand the question. Maybe Randy does.
COMMISSIONER SCHIFFER: I could try it again.
You know, base this on, you know, you know, VIN diagram. You know, we have -- we're in a
section of -- that's the coastal -- the CCME within that section as a requirement on hurricanes.
But it sounds like a lot ofthe code on the hurricane has to do with stuff outside of the CCME.
And then now under hurricanes, we have hazards that are not exclusive to hurricanes, and hazards
that, you know, this applies to the whole county as a whole, not just the CCME.
COMMISSIONER MURRAY: I think I --
CHAIRMAN STRAIN: Mr. Murray, did you want to --
COMMISSIONER MURRAY: I was just going to say could there not be fire as a hazard, could
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March 8, 2006
there not be other -- other matters within the CCME that -- that this would relate to?
MR. SUMMERS: Well, sir--
COMMISSIONER MURRAY: Because I understand your question, I think.
MR. SUMMERS: I think I do, too, and in may jump in, I think what ties this together here, and I
what think is appropriate, at least to leave this as a placeholder, is that typically most of our flooding events
will be tied to a storm surge event generated by the hurricane.
So -- and, of course, you get into flood and then you do get into all hazard, which could address fire,
could address hazardous materials and that type of thing.
I think your point is valid. I don't know that I see any harm in bringing that linkage together,
whether it be hurricane and flood or whether it has hurricane tied to all hazard.
It just gives us a dual reference.
COMMISSIONER SCHIFFER: Marjorie, can you save us?
MS. STUDENT-STIRLING: I'm going to try.
The scheme is that if -- for counties that are coastal, you have to have a coastal planning area. And
in the coastal planning area, certain things are required.
And among those have to deal with disaster recovery and preparation for disaster and so forth
within that coastal planning area.
And we also identify coastal high hazard areas that can be within that area and -- and appropriate
land uses and -- you know, and minimizing placing infrastructure there because of its vulnerability and
things like that.
So, those would apply in how the county's designated this as a coastal planning area, all those
things.
COMMISSIONER SCHIFFER: Okay. But, for example, if I'm going to do a mobile home park
outside of this area, do -- these requirements don't apply to me then.
If I'm going to have a hazard outside the hazard mitigation, we certainly know that group works
well outside this area, discussed this with fire, discussed this with a lot of things.
MR. SUMMERS: That's right.
CHAIRMAN STRAIN: I'm trying to figure out where this is going to end up going, Brad. Are you
saYIng --
COMMISSIONER SCHIFFER: I'm just wondering --
CHAIRMAN STRAIN: Is there an objective that you're trying to get to with all this or just an
acknowledgment --
COMMISSIONER SCHIFFER: Yeah. And maybe we pull this stuff out of the CCME and put it
someplace where it applies county wide if we have provisions that apply solely to the CCME, maybe we
could recommend it, but if it's going to get worse as we go to the other pages, that --
CHAIRMAN STRAIN: Well, but before you go too far with that thought, why don't we see if it's
even legally viable because if it's not, let's just not, let's just move on.
Marjorie, Brad is suggesting that if this is misplaced in the GMP, he wants to remove it to another
part of the GMP. Is that possible?
MS. STUDENT-STIRLING: I don't believe it is misplaced because -- and I think because the
location of our county, I think you could probably look at quite a bit ofthe populated part of the county as a
coastal planning area.
So, I don't believe it's mis -- it's misplaced. It belongs in this element, that's for sure, because 9(j)(5)
requires it.
CHAIRMAN STRAIN: Okay. Does that resolve some of the questions you have?
COMMISSIONER SCHIFFER: Well, let me just ask it as a yes or no question, is that if I'm doing
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March 8, 2006
a mobile home park outside the CCME, do I have to meet the requirements that are within the CCME?
MR. WEEKS: I don't understand the question. You're saying outside the CCME, but the CCME
has county wide applicability.
MS. STUDENT-STIRLING: Okay. There's your answer.
MR. WEEKS: The reason we --
CHAIRMAN STRAIN: The mobile home park provisions in here were referring to coastal high
hazard area mobile home parks.
MS. STUDENT-STIRLING: That's different.
CHAIRMAN STRAIN: That's different than the CCME.
COMMISSIONER SCHIFFER: Okay.
MS. STUDENT-STIRLING: Ifthat makes it clear that there's a coastal planning area and within
that coastal planning area, you have a coastal high hazard area.
And, so, the way I understand it, the whole county's -- or the urbanized part of the county is the
coastal planning area.
COMMISSIONER SCHIFFER: Okay.
MR. WEEKS: And, further, the state statutes require a conservation element and they refer to it
separately, conservation element and a coastal management element.
MS. STUDENT-STIRLING: Right.
MR. WEEKS: By virtue of the fact that we are a coastal county, we're required to have a coastal
management element.
MS. STUDENT-STIRLING: Right.
MR. WEEKS: We've simply chosen to combine the two of those into one.
I think it comes down to the -- the terminology of what does coastal mean.
And in the statutory sense, it's the entire county because we abut the coast.
COMMISSIONER SCHIFFER: Okay. So, again, Collier County is totally within the CCME.
MR. WEEKS: Yes.
COMMISSIONER SCHIFFER: The coastal high hazard area is a subset of that.
MR. WEEKS: That's correct.
COMMISSIONER SCHIFFER: Okay. I got it now. Never mind.
CHAIRMAN STRAIN: Let's start up on top at 12.16.
This requires a study to show that the evacuation routes can meet certain criteria for one way. This
also ties into that starter statute that I spoke of earlier and it also ties into a question I asked of transportation
probably now two years ago, is if we've done this yet. And at the time I was told we hadn't.
Have we done this yet?
MR. SUMMERS: Sir, I attended a attended a workshop on counterflow ofthe interstates just the
other day sponsored by Florida DOT.
They have made it abundantly clear to local emergency management that the -- it will be a state man
-- it will be a state program to identify, to act upon counterflow of the interstates at the request of the
Governor, that the -- the local government involvement of counterflow of the interstate will be limited to
coordination and decision making input for timing.
But the actual activation ofthat will come solely from the Governor's office and state DOT.
With that information, how you would like to reference that in here, I'm not sure, but I -- I have
been told that it will not be a local government decision to counterflow an interstate road.
Any other county road, any other county owned roads for counterflow, I can address, and we have
not -- to my knowledge, not made any plans for county roads for counterflow.
CHAIRMAN STRAIN: Well, the reason I'm bringing it up is if you were to study, do a
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counterflow level of service during an evacuation time, you would then be able to establish whether or not
you meet -- that it's Florida Statute in regards to evacuation routes, whether or not you're going to have a de
minimous impact.
MR. SUMMERS: Right.
CHAIRMAN STRAIN: So, I think it would be imperative that that be done in order to know
whether or not we are negatively impacting an adopted level of service on a road during a hurricane
evacuation, so --
MR. SUMMERS: Well -- and I think we get down to the point, and -- and -- and let me just tell you
what the flip side of that is, is that the counterflow environment on the current research, it does not make a
substantial difference in the overall movement because of the bottlenecks that occur at the beginning of the
counterflow and the bottlenecks that occur at the end, the bottlenecks that occur at the end as you try to get
back to a regular pattern.
So -- so, there are pros and cons with that, and as a matter of fact just even as threshold, for
example, Florida DOT is saying that unless you have 30 miles of contiguous road, a counterflow is not
warranted because of the queuing involved.
How I compensate for that, however, is to add more evacuation time to the process to allow for
safety, to allow for the regular traffic flow to queue and work itself out with the possibility of some timing
elements that signaled intersections and that type of thing.
So, in this particular neck of the woods, if! can say that, at least within urban Collier County, I don't
see counterflow, although there are statutory issues, as you've mentioned.
As a emergency program manager, I would make sure that I added more time to the evacuation
component rather than try to force the counterflow.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: What's going through my mind is the inevitable accident on the
road that would tie up a road totally.
Wouldn't a counterflow study or whatever you should relate to it, wouldn't that be beneficial in the
sense of facilitating evacuation where roads have been encumbered by any number of issues?
MR. SUMMERS: Right.
Sir, there's a -- there's two issues there that make it very difficult for us to do that and that our
planning is typically static planning and road conditions in Southwest Florida are dynamic every day with
construction.
That's my number one challenge.
The second part of that is that part of our emergency plans during any evacuation scenario is that
there is rapid deployment, if you will, of responders to clear that roadway.
There are statute provisions for the minor fender-bender to legally move you off the road in order to
open that roadway. I'd automatically bring additional law enforcement. I'd put additional wreckers in the
area and I can clear that traffic impediment very, very quickly.
COMMISSIONER MURRAY: Okay. You have that authority.
MR. SUMMERS: Yes, sir. I can do that.
COMMISSIONER MURRAY: Okay. That certainly helps a great deal.
MR. SUMMERS: And -- and -- and I have that authority. I activate that from the EOC. My
partner there obviously is Florida Highway Patrol and the Sheriffs Office.
But we -- they -- they give me great presence on the roadways.
COMMISSIONER MURRAY: That makes me feel better.
CHAIRMAN STRAIN: Dan, if we could move on to 12.1.17.
MR. SUMMERS: Yes, sir.
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March 8, 2006
CHAIRMAN STRAIN: The second line starts with of that study, further restriction on
development in the coastal high hazard will be proposed.
If you do this hurricane evacuation study and it warrants restrictions on any part of the county,
wouldn't that be a good thing to have the ability to institute?
MR. SUMMERS: Yes. Yes, sir, it would. But let me just tell you that I'm not sure I can fill that
square with a scientific answer.
I think those are going to have to be -- when this study comes about and I'll have to brief the County
Commissioners and to say -- I'm not sure that I can you a break point in any density at this scenario with
hurricane discussion again because we all don't leave the road, we don't enter into the traffic queue at the
same time.
So, it's -- it's fme if you'd like to leave the provision. We may learn some new science that
addresses that. Right now I don't know to fill that in.
CHAIRMAN STRAIN: I don't want to leave it because I think it's too limiting.
What I would suggest is that we change after the word "development", strike in the coastal high
hazard area will, and just say further restriction on development may be proposed.
MR. SUMMERS: Very good.
CHAIRMAN STRAIN: And that covers you for any part of the county you want to hit.
MR. SUMMERS: Very good. Thank you.
CHAIRMAN STRAIN: Okay. Objective 12.2.
In the strict reading ofthat objective, and maybe I'm wrong, but it seems to say it would eliminate,
for example, any new bridge over the Gordon River, new docks, new parks, new beach parking, new roads,
the widening of 951, anything in the coastal -- coastal high hazard area that would need something more
than just maintenance.
And I would want to make sure that that's not the case, so --
MR. SUMMERS: I'll need some help on that one.
My notes indicate that this was -- this -- this comment was not an EM generated objective.
CHAIRMAN STRAIN: So, that means it was written by somebody else.
Who's not here anymore?
MR. COHEN: And I think the -- the -- the confusion starts in the -- in the first sentence when you
look at publicly funded building and development activities and what constitutes publicly funded building
and development.
I don't think it was meant to include cast infrastructure projects such as bridges, roads and the like.
If you'd like, we can clarify -- fmd some language to clarify that particular objective.
CHAIRMAN STRAIN: Do you want to bring the language back when we rediscuss this issue that
-- or Dan's bringing his issues back?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Okay. So, 12.2, we'll come back with a possible rewrite.
COMMISSIONER CARON: And -- and why was the last sentence stricken from --
MR. WEEKS: It simply doesn't make sense. What is an unimproved request? It's just nonsensical.
CHAIRMAN STRAIN: Thank you.
We'll move on to Page 47.
Is there any questions from the panel on Page 47?
Brad, I thought you'd have one on the first one.
COMMISSIONER SCHIFFER: Yeah. Well, the top one is good. It just references -- it's got the
right code, it's got -- it's just the year thing, if we want to do that.
CHAIRMAN STRAIN: Ifwe got by with the -- are you referencing the latest addition before,
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March 8, 2006
couldn't we get by with the latest addition now?
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: So, we're going to strike the date that was added and leave in the words
that were taken out.
COMMISSIONER SCHIFFER: My only question is how could you not do this? In other words, I
know it's a nice reminder, but how could somebody not build buildings according to the building code? But
that's okay.
CHAIRMAN STRAIN: Maybe by the words latest -- latest approved addition, you could be
referring to additions that either we have not or have not approved or they're old versions, so this might just
clarify that question if someone were to --
COMMISSIONER SCHIFFER: I mean, is this for new buildings and existing buildings?
Well, the building code covers that, too, doesn't it?
CHAIRMAN STRAIN: Are there any other questions on Page 47?
COMMISSIONER CARON: 12.2.5, I think you're going -- Dan's going to want to make the same
changes there, not to just use the -- the Regional Planning Council.
MR. SUMMERS: Yes, ma'am, that's correct.
CHAIRMAN STRAIN: So, you'll bring back a new reference for that --
COMMISSIONER CARON: Yeah. A new language?
CHAIRMAN STRAIN: -- policy as well?
Marjorie?
MS. STUDENT -STIRLING: I have a comment on twelve three because very recently we've been
looking at our disaster recovery task force ordinance.
And the language -- the last sentence, it says, the board should also invite representatives from
municipalities within Collier County that have received damage from the storm to be become members of
the Recovery Task Force.
One way you could read that would be in past storms, if those municipalities have suffered damage,
and I'm sure that, you know, most all of them in the county have, that they would be included, or another
way that doesn't make a lot of sense to read that is that, oh, you'll wait till it happens and then after a disaster
event, we're going to have these people on there yet, but now we'll invite them.
And in the chaos that could occur after an event, it doesn't make a whole lot of sense to read it that
way.
So, I would suggest perhaps that we just include the folks from, you know, the municipalities within
the county.
I'm sure we consider Everglades City, Marco and the City of Naples in their location. It's a
foregone conclusion that they will suffer some damage.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And, remember, this is that portion you guys voted me to sit on.
It does have in the LDC requirements and it does include all those counties, and I know that the
problem we're really having with it, it's not really the -- it's the mitigation committee that's kind oftaken
over for this.
So, I think what we should look at is -- and, Roy, you would probably be the best one to answer this
because you're the one at the meetings with us but -- in other words, is that the Disaster Recovery Task
Force they're referencing here that meets?
MR. SUMMERS: No, sir.
The intention of the Disaster Recovery Task Force is that if -- the hazard mitigation group is looking
at the long term planning for, again, pure mitigation, pure prevention type activity.
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The goal of the Recovery Task Force to get together immediately following the storm might be to
address immediate post event recovery items which could include things like as -- things such a
moratoriums, there could be things such as waivers to codes or prohibitions, temporary allocations of
resources to get us between the period of post storm and long-term recovery.
And that's what the purpose of this task force is to do, so that they can work with the EOC in
prioritizing short range and medium range recovery activities.
And -- and -- and the hazard mitigation group is sort of the horse blanket that looks at all these
things as prevention measures.
MS. STUDENT-STIRLING: Ijust want to clarify so that it -- one reading of it, it just doesn't make
sense.
CHAIRMAN STRAIN: Well, Marjorie, I'm trying to get back to your suggestion.
So, Marjorie has suggested taking the word "invite" and substitute it with the word "include".
Does staff or anybody see a problem with that?
COMMISSIONER MURRAY: Uh-uh.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: I have 12.2.7, I would like have a question.
CHAIRMAN STRAIN: Yes, sir. Go right ahead.
COMMISSIONER MURRA Y: I'm looking at that and trying to understand what its purpose is and
what it intends to achieve. The county shall continue to assess all undeveloped property within the coastal
high hazard area and make recommendations on appropriate land use.
Where does that lead us? What does it do?
MR. WEEKS: Potentially, it results in the county amending the comprehensive plan and/or down
zoning properties, potentially.
COMMISSIONER MURRAY: But this is --
MR. WEEKS: Lowering densities, eliminating allowable uses.
CHAIRMAN STRAIN: Why is the word "undeveloped" being substituted for "unimproved"?
There's a difference in the meaning and I'm wondering what the meaning is.
MR. WEEKS: I think we have definition of undeveloped, but we don't for unimproved.
CHAIRMAN STRAIN: Okay. Definition, should it mean capitalized or bolded? I'm sorry. Bolded
MR. WEEKS: That's done in the Land Development Code.
CHAIRMAN STRAIN: Okay. So, the definition is not in the GMP.
MR. WEEKS: Correct.
COMMISSIONER MURRAY: So, is this --
MR. WEEKS: Unimproved -- I'm sorry.
Unimproved, again, has no definition. The only definition I'm familiar with historically goes back
to over -- about 15 years ago with the zoning reevaluation program and it defmed that.
CHAIRMAN STRAIN: Well, I'm not saying unimproved is better. I'm just trying to figure out
either one.
MR. WEEKS: Yeah.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: Unimproved, I think, is too ambiguous of a term.
COMMISSIONER MURRA Y: Well, okay. Given that we use developed, I'm still struggling with
its -- is anything occurring now? Does the county keep a record of these things right now?
I mean, is there anything happening that makes this justifiable to retain it?
MR. WEEKS: I can tell you one way it was assessed, is it was during this process of drafting the
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EAR, in which ultimately the county commission in adopting the EAR has directed us to us limit residential
density in the coastal high hazard area.
You might recall from a past petitioner to rezone petition, that there was a comfortable amount of
discussion about what density should be allowed in the coastal high hazard area and whether the future land
use element did in fact allow certain density or it did not, whether this element and another one did or did
not restrict development densities.
So, at any rate, the Board of County Commissioners in adopting the EAR has directed that coastal
high hazard area density be limited to a maximum of four units per acre --
COMMISSIONER MURRAY: Well, that I know.
MR. WEEKS: -- that also when we get the future land use settlement, we'll discuss also these
amendments proposed to create a -- establish a density reduction factor of one unit per acre within the
coastal high hazard area.
COMMISSIONER MURRAY: Good.
MR. WEEKS: And, again, the language about mobile home, new mobile home zoning being
prohibitive within the coastal high hazard area.
So, that's one example of how the county has done an assessment and, in fact, has -- is proposing
changes.
COMMISSIONER MURRAY: Okay. Now I understand. Thank you.
CHAIRMAN STRAIN: David, I think that paragraph does offer some protection to the county in
regards to Bert Harris claims in the coastal high hazard, because everybody's clearly on notice that the --
you could have land use changes there that would affect their property. And it's been stated in the GMP.
If you were to take a hotel, for example, and convert it to a condominium along the beach, it might
be a perfect case for Bert Harris might be defending.
Anyway, on to Page 48.
COMMISSIONER SCHIFFER: 48?
CHAIRMAN STRAIN: Have you got a question, Brad?
COMMISSIONER SCHIFFER: I do.
And this is the -- Dan, the task force again.
Number one, this is the -- in the planning stages, I guess pre-storm.
It says an advisory committee to county managers. Shouldn't also we add in there and the Board of
County Commissioners like we do in number two?
MR. SUMMERS: Yes, sir. Please. Good catch. Thank you.
CHAIRMAN STRAIN: Is that it, Brad?
COMMISSIONER SCHIFFER: That's it.
CHAIRMAN STRAIN: I've got a little bit earlier question on that one. Why is it even here? If this
implements the task force and the task force policies probably will change from time to time or want to be,
why lock yourselves into the GMP that takes an act of God to change it?
Why don't we just put it the Land Development Code?
MS. STUDENT-STIRLING: I would agree with that because if we want -- exactly. If you wanted
to change something, that's a cumbersome process to go through.
MR. SUMMERS: And, sir, just to give you a little background on that, we -- this is our second
activity here. This had been on the books as state guidance basically after Andrew, where Dade had no
recovery council.
Then we had one that was on there by ordinance but it required that the group be appointed and
meet and that -- and the associated committee maintenance.
Well, that was not productive either and so the recovery task force that would be formed under the
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State of Emergency Declaration is most appropriate because that way you're really locked into the players
to the magnitude of the event.
So, where -- just understand that we have that mechanism in place as -- as immediate and medium
range post disaster recovery activity. Where you would like to house it is totally up to you.
CHAIRMAN STRAIN: Randy and David, do you see any reasons why this couldn't be better
served in the LDC?
MR. COHEN: I think that would be appropriate place. I think what we do need to do is have a
policy here that basically would state the Collier County Recovery Task Force responsibilities shall
identified in the Land Development Code.
MS. STUDENT-STIRLING: Well, I don't think -- if that's -- and if that ordinance goes in the Code
of Laws because that's where our ordinances for advisory boards and things of that nature goes, so it
wouldn't be in the land code. It would be in the Code of Laws.
CHAIRMAN STRAIN: Let's put it this way. It needs to come out of the GMP.
MS. STUDENT -STIRLING: Yeah.
MR. COHEN: No problem, sir.
CHAIRMAN STRAIN: And we're going to substitute policy language in the nature that Randy just
stated.
Randy, could you just kind of restate that so the record's clear?
MR. COHEN: The Collier County Recovery Task Force responsibilities shall be identified in the
Code of Laws.
CHAIRMAN STRAIN: Thank you. And that will be the new Policy 12.3.4.
Anybody have any objections to that? Okay.
COMMISSIONER SCHIFFER: Well, as long as, you know, in the EAR, there is some wording as
to what those are supposed to be. I think as long as you refer to that when you establish those in the LDC. I
don't think it's exactly -- or the -- it's in the LDC now --
MS. STUDENT-STIRLING: Well, it's in the--
COMMISSIONER SCHIFFER: -- if you'll pull it out.
MS. STUDENT -STIRLING: -- Collier County Code.
If we start to put stuff in here though, if we want to change their responsibilities in any way and it's
not in here, you have an issue, so -- and it's a cumbersome thing to try to change it, so I think that __
COMMISSIONER SCHIFFER: I agree where it's going. Just take the year recommendations with
it, that's all.
CHAIRMAN STRAIN: But I think Randy and David had already opined on us earlier that if we
don't want to do something that's consistent with exactly our report, they've just got to state a reason why
they're not doing it and then that's how they forward to DCA and that's acceptable, so I'm assuming __
MR. COHEN: As long as we have a rational basis for it and -- and we can justify that we're going
to deal with the issue somewhere else, then we're fme.
CHAIRMAN STRAIN: My assumption in all these changes are that you would be doing that
where necessary.
COMMISSIONER SCHIFFER: Well, my concern isn't that. My concern isn't how you word it to
the state. My concern is that there is some good stuff in the EAR that should go with it when you do write
it in the Code of Laws, the responsibilities that are in there.
MR. COHEN: And the direction -- the direction that we've gotten from you is to refer back to the
EAR for that -- that particular language.
CHAIRMAN STRAIN: Okay. We've -- anybody got any questions on the last page, Page 49?
As it stands now then, through this policy, we're going -- you're going to rewrite Objective 12.1,
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March 8, 2006
clarify Policy 12.1.3, possibly rewrite Policy 12.2 and provide the new references in Policy 12.2.5.
And those four items you'll try to get back to us within -- as soon as possible, but certainly before
we end our discussions on the EAR.
Is that clear?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Okay. Then I think the -- thank you, Dan. I appreciate your time today.
MR. SUMMERS: Mr. Chairman and commissioners, thank you for your time. We all learn
something in this planning process and -- and thank you for your patience. I appreciate it. I gained a lot
from this activity today. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
We still are not done with the CCME.
Mr. Lorenz, in reviewing a previous handout, I found some issues that need to be discussed that are
important so we might as well go back and finish it right.
What page are we on, Bill?
MR. LORENZ: We'll -- we'll use Page 28. This is Page 28 on the visualizer.
For the record, Bill Lorenz, Environmental Services Director.
CHAIRMAN STRAIN: Why don't we pause for a moment while the court reporter changes paper?
(A recess was had.)
CHAIRMAN STRAIN: Okay.
MR. LORENZ: This is the language that Brad Cornell had suggested at the Wednesday meeting in
terms of tying the water -- watershed management plans with regard to some wetland issues.
And the -- draw your attention to the bottom ofthe -- of the second under -- within parenthesis one.
I'm having a little time reading -- seeing it from -- from my viewpoint.
We're at the last -- the last additional language that says, the county shall direct impacts away from
such wetlands and also exotic clearing cannot be the principal means of mitigation.
When I discussed this with Brad this -- this morning, he indicated that -- that not only within -- not
only during the watershed management planning process where we will identify, let's say, certain key
wetlands within a watershed management plan, and we will identify certain requirements that may either
provide some additional protection or how they would be mitigated for, in which case the last sentence
there, exotics clearing cannot be the principal means of mitigation.
He also intended that this policy and it's -- and it shows up here under the -- the wetland -- the urban
-- the wetlands protection policy within the urban designated area.
He also intended that this policy for this language would constrain the use of exotic plant removal as
a form of mitigation.
This was an issue that came about several years ago with the fmal order, in which case the -- the
county does have requirements for all projects to remove the basic exotics from their property.
At the same time, the Water Management District will allow invasive exotics removal from -- from
a wetland, for instance, a melaleuca from a wetland to be either all or a portion of the mitigation
requirements for impacting a wetland.
And the discussion was, should -- because the county already has invasive exotics removal, should
that qualify for mitigation, wetland mitigation?
As a result of going through the whole policy formulation procession and coming to the Board of
County Commissioners in the fmal order amendments, the wetland permitting function is being deferred to
the wetland agencies, especially in the urban area, in which case county staff and the county does not
evaluate wetland impacts except to ensure that those wetland impacts are mitigated for by the issuance of a
federal or state permit.
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March 8, 2006
So, if the federal and state agencies grant a permit that -- that requires a certain form of mitigation,
we do not review that form of mitigation at the county stafflevel, in the urban -- urban designated area.
So, if that mitigation -- if -- if the agencies are allowing for either all or a portion of basic exotics
removal as the form of mitigation, we accept that.
Now, in the rural fringe mixed use district, the wetlands policies are somewhat different.
There are three types of requirements that must be met for a rural fringe wetlands to be mitigated
for.
Compensation of storage is -- is one portion of the policy. Another portion of the policy states that
you have to mitigate at least equal on an area per area basis.
In other words, you can't mitigate onsite that has less acreage than what you're impacting.
And a third provision of that policy speaks to a methodology, which is called the UMAM score,
Unified Mitigation Assessment Methodology.
That -- that has a scoring system of which case invasive exotics would be part ofthat scoring
system. So, as long as you have a UMAM score of mitigation higher than what you're impacting, that
would be acceptable.
So, even in the rural fringe mixed use district invasive exotics removal could be part of mitigation
for wetlands impacts.
Now, this language here, certainly as Brad as intended, and I know Brad had to leave, so I'm trying
to carry his -- his message here to you here as well to put the information out on the table for your decision,
is to -- is to constrain a wetland mitigation in Collier County using -- from -- from using invasive exotics
removal.
And -- and that is not our current policy. And as I noted before that was debated through the process
of the final order amendments.
So, I don't want -- I want to make sure that it's understood that the ramifications of this language
would -- would -- would change the way we're currently reviewing agency permits for wetland -- for
wetland impacts.
CHAIRMAN STRAIN: When I heard this discussed, I thought it would be applicable to those
impacts above and beyond agency meeting.
If the agency didn't have a preserve area involved, they didn't have any jurisdiction lines, but we had
the required onsite reserves that we always do, that any clearing of exotics on those could not be a principal
means of -- of mitigation.
I didn't realize that he was trying to supersede federal and state jurisdictional line permitting. I
mean, that's just adding another level of problems to what's --
I'm glad you pointed it out, Bill.
MR. LORENZ: Unfortunately, Brad had to leave, so I need --
CHAIRMAN STRAIN: Well, maybe --
MR. LORENZ: Probably we would want to like speak to it at -- at some later point.
CHAIRMAN STRAIN: Maybe Richard could speak in his behalf. He's good at understanding.
COMMISSIONER CARON: I'd say it was a positive change.
MR. LORENZ: Well, I mean, that was -- you know, as -- as the history -- the history of it, I mean,
that was a -- that was a debatable point through the process. I can tell you that, you know, staff would have
preferred to have seen the exotics removal not be part of agency mitigation, but that's not where -- we end
up with debate and direction from the board in the fmal amendment, so I want to make sure -- make it clear
that this would be the ramifications of it.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Just to be clear in my mind, it starts out within the urban
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March 8, 2006
designated area and you referenced the rural fringes having other factors there, that they were components,
as it were.
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Okay. So, his -- is his intent -- if! understand this correctly, all exotic
clearing cannot be the principal means of mitigation.
Is he restricting that solely to the urban designated area? Is that what he's attempting to do or you're
attempting to do?
MR. LORENZ: The -- this particular language appears through a number of policies that -- that
Brad had suggested, so it -- so, it -- it would -- it would apply to all of the wetlands permitting in urban
Collier County.
Probably not within the east -- the rural land stewardship area. But -- but except for that area, it
would -- it would -- that's what his intention would be.
COMMISSIONER MURRAY: So, it would go into the rural fringe and that would then create a
contradiction, if you will.
MR. LORENZ: Well, it would -- it would create -- it would create a -- a -- a further restriction on
what you can do with regard to --
COMMISSIONER MURRAY: Now, it eliminates -- it eliminates that as a -- as a piece ofthe -- of
the mitigation potential?
MR. LORENZ: That's correct.
And as -- and from a processing standpoint again, I mean the -- we -- in the urban area, we're
accepting simply what the agency permits are.
In the rural fringe, we have to do a little bit additional level of review for those three items that I --
I'd mentioned earlier.
Invasive exotics is not -- is not explicitly restricted. It's simply a matter of what that UMAM score
would be as long as -- as long as that -- basic exotics is part of that scoring system, but is not the sole part of
the scoring system.
CHAIRMAN STRAIN: The rural fringe has not been really a -- a real active area of development
right now, but the urban area is.
Do you have a cost understanding and a staff impact, and if you had to go back in to all the permits
that -- not back.
I mean, say, a permit comes in to you guys, it is a federal or state permit and meets other criteria,
they mitigated, they used the exotics as part ofthat, but now you'd have to go one step further.
You'd have to go back into that permit and understand how much of an impact the exotics was
within that permit and then come up with a conclusion on your own as to how much that should be worth in
an alternative forms of mitigation that you would accept.
Is that what you're --
MR. LORENZ: That -- that's correct.
CHAIRMAN STRAIN: Are you prepared as staff -- you guys can't even--
MR. LORENZ: No.
CHAIRMAN STRAIN: -- get stuff out of your department now as it is.
MR. LORENZ: No. I'm -- I'm -- I'm raising this question from a -- from a standpoint of our current
process and procedure and prior direction of the board when we debated the -- the issue in terms of -- of the
whole wetlands permitting and -- and -- and where -- what Collier County's role is.
I'm -- I'm -- I'm adhering to that prior policy direction and -- and would as a -- my level would not
be supporting that broad coverage that Brad is intending.
I think it is important as a consideration of the watershed management planning exercise, that that
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March 8, 2006
that could result in -- in a restriction within a particular watershed management plan.
But that's -- that's for -- that's -- that's a future recommendation and analysis to be brought back to __
to all the advisory boards and the board of county commissioners.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: What does principal mean though? Does that mean the largest,
but does that mean 50 percent or does that mean --
MR. LORENZ: That's Brad's -- Brad's language. I would -- I would -- I would see that as being the
majority, let's say the 50 -- I would -- I would interpret it as 50 percent plus one, more than 50 percent.
CHAIRMAN STRAIN: Mr. Arnold, it looks like you're waiting to say something.
MR. ARNOLD: Hi. Wayne Arnold for the record again.
I -- I think followed Brad yesterday when -- or earlier in the week, I guess I should say Monday,
when -- when we discussed this point.
And I think inserting that language for these watershed management plans that have yet to be
prepared seems a little premature.
I agree with Bill. I think that that's probably going to be a function of certain watershed
management plans, how we deal with wetlands within them.
I don't know that it's appropriate to add to this policy. I think it really changes the -- the intent of the
entire policy to do it here.
CHAIRMAN STRAIN: Thank you.
My thoughts on this is if we struck the last sentence of the two add ons and just left the rest, we can
deal with it when the watershed management plans are devised as a policy of those plans.
I think that would be cleaner, plus by then you'd have the staff and the funding assumably to go
forward with those plans if they're approved.
So, I certainly wouldn't think that we should leave the last sentence in on both of those blue areas
that you've added here.
COMMISSIONER MURRAY: I would agree with you.
COMMISSIONER VIGLIOTTI: I definitely agree with that.
CHAIRMAN STRAIN: Everybody else okay with that?
COMMISSIONER SCHIFFER: Yeah. That's fine.
CHAIRMAN STRAIN: Okay. So, that's what we'll do.
Thank you for point all that out, Bill. It was important help.
Okay. Is there anything else in the CCME?
Okay. This is -- we are at 11 :30.
We have a choice. We can move forward and open new territory in the lengthy FLUE or we can
take lunch for the next hour and come back and attack a fresh -- refreshed with our bellies full of food.
COMMISSIONER MURRAY: I would agree with that.
CHAIRMAN STRAIN: Everybody likes a belly full of food idea, huh?
Okay. This commission will take a break. We'll be back here at 12:30. Thank you.
(A luncheon recess was had.)
CHAIRMAN STRAIN: Okay. We're done with our lunch break. Ifwe could all resume our
positions so we can get this meeting back under way, I'd appreciate it.
About 1 :00 o'clock the court reporter will be changing and we'll pause while the new court reporter
sets up for a very brief moment at that time.
And, Randy, I don't know if someone -- how staff wants to move forward with the FLUE but it's
yours.
MR. WEEKS: Mr. Chairman, I'm assuming that you might want to go through the same as you
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March 8, 2006
have with the CCME, just go through page by page?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: In that case I'll hold any introductory remarks and let's all get down to business here.
CHAIRMAN STRAIN: Well, that's good. Okay. Page one of the FLUE, if you've all gotten to that
point in your books, mostly an index. I don't imagine there would be too many questions with that.
Page 2.
COMMISSIONER KOLFLA T: What -- what is the meaning of utility? What does that include?
CHAIRMAN STRAIN: Whereabout's on Page 2 are you referring to?
COMMISSIONER KOLFLAT: I'm sorry. It's down on Objective 3.
COMMISSIONER SCHIFFER: Objective 3.
COMMISSIONER KOLFLAT: It says utility's facilities.
MR. WEEKS: Oh, that's water, sewer.
COMMISSIONER KO LF LA T: Transportation, roads?
MR. WEEKS: No, sir.
COMMISSIONER KOLFLAT: It excludes roads.
MR. WEEKS: Yes, sir. That's not a utility.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I -- I believe in the listing ofthe various municipalities or
governmental agencies, you have East Naples Fire Department.
I believe the -- and you at least check it. I may be wrong on this, but I believe it's East Naples Fire
and Rescue District.
MR. WEEKS: Whereabout's are you reading from?
COMMISSIONER MURRAY: I'm looking -- I'm on Page 2 and I wonder if I'm -- I'm in the
introduction and that's probably -- Page 2. And is a series of--
COMMISSIONER VIGLIOTTI: You're in the FLUE?
CHAIRMAN STRAIN: You're not --
COMMISSIONER MURRAY: I'm not even in the FLUE.
CHAIRMAN STRAIN: You're in ice.
COMMISSIONER MURRAY: Hold on. I went to the wrong one.
CHAIRMAN STRAIN: You're an icebox.
COMMISSIONER MURRAY: All right. We'll get to that one. Sorry about that.
MR. WEEKS: Well, thanks for the heads up.
COMMISSIONER MURRAY: That was a great lunch.
COMMISSIONER VIGLIOTTI: Be prepared. That question will be coming back.
CHAIRMAN STRAIN: Now, we're on Page 2 of the FLUE.
Do we have any questions for the -- Brad.
COMMISSIONER SCHIFFER: Yeah. And this is the first time I think it's come up.
What is that when you have the stars, three stars and a line? What is that representing? That you're
missing text or --
MR. WEEKS: That's correct. That's to indicate skipping over text.
COMMISSIONER SCHIFFER: Why are wiping out the wording on the CCEA and CCMA?
MR. WEEKS: That correlates with changes to the density rating system that occur later.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: That's picked up.
COMMISSIONER SCHIFFER: I didn't pick it, but you'll point it out when we get there?
MR. WEEKS: Yes. Remind me that that's the --
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March '8~ 1006
CHAIRMAN STRAIN: We'll be there before you know it.
Page 3. Any questions from the commission on Page 3?
COMMISSIONER CARON: Yeah. I have a question.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER CARON: Under B, it says here through the implementation of various zoning
districts and zoning overlays that restrict higher intensity land uses in the rural fringe mixed use district.
Is that the only district that restricts its intensity?
MR. WEEKS: Well, that -- that references to the rural fringe mixed use district.
If your question is about zoning overlays that restrict higher intensity land uses, that -- that phrase is
specifically referring to the rural fringe mixed use district.
And within the rural fringe mixed use district in the future land use element, it is implemented
through the Land Development Code through the rural fringe mixed use zoning overlay.
And I think to further answer your question, I believe that is the zoning -- only zoning overlay that
-- well, it's certainly the only zoning overlay applicable to and, therefore, that restricts any types of uses in
the rural fringe mixed use district.
COMMISSIONER CARON: Right. But is it the only district that restricts intensity?
MR. WEEKS: No. No, there are other zoning overlays that included in there; Vanderbilt Beach for
an example.
COMMISSIONER CARON: Yes. Okay. Thank you.
CHAIRMAN STRAIN: Any other questions on Page 3?
Page 4. Are there any questions on Page 4?
COMMISSIONER KOLFLA T: Just for my own clarification, under J there, it says that the -- it
requires soundproofing for all new residential structures built.
Is it appropriate that the government dictate how a house, a private house, should be built to that
point of design?
MR. WEEKS: This is a pre-existing language and it goes back to the original plan adoption when
the -- when we established the airport noise contours.
And the only way I know to answer that is it was determined at that time that it was appropriate to --
to require that.
MS. STUDENT-STIRLING: Just as an aside, it's been a long time since we did that, but I'm -- I
think there may be even something in Florida state statutes that addresses when you're in a -- close
proximity to an airport, there's certain things that need to be done.
I have to double check because it's been so long, but --
MR. WEEKS: The whole -- whole intent there was recognizing that the airport's in existence, it's
going to generate noise and within the certain noise contours, the amount of noise that is generated is
generally considered not compatible with residential development unless you take some -- some certain
steps to try to mitigate that.
And that's what the requirement is -- is all about, is trying to ensure that the property owner takes
steps to mitigate the noise.
And I think it works kind of in the opposite direction of -- in the sense of a -- kind of a protection for
the airport itself against noise complaints.
CHAIRMAN STRAIN: Any other questions on Page 4, because I have a couple?
COMMISSIONER SCHIFFER: Just a question.
Is this where you moved the stuff I was wondering about on the second one or --
MR. WEEKS: No, sir. But I'll go ahead and answer that.
Back on Page 2, the two areas that were deleted that correlate with the density rating system, both of
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March 8, 2006
those are making reference to the traffic congestion density reduction, which is being eliminated under the
density rating system.
COMMISSIONER SCHIFFER: Okay. But the -- all right.
MR. WEEKS: Not being relocated, just simply eliminated.
COMMISSIONER SCHIFFER: But these referring to the checkbook system we have; right?
So, my question is why is it under Objective 3 not under Objective 2?
Just reading what the objectives cover. Objective 2, discuss this concurrency management.
Objective 3 is natural restorative resources and stuff like that.
MR. WEEKS: Well, we've added to Objective 3 the transportation concurrency management
system implementation of it and, therefore, their policy then that you're referring to is -- is now
appropriately under Objective 3.
COMMISSIONER SCHIFFER: Well, why wouldn't they have been? I mean, what -- you didn't
change the Objective 2 though, right?
MR. WEEKS: That is correct.
COMMISSIONER SCHIFFER: And Objective 2 is, coordinates enough land uses, the availability
of public facilities shall be accomplished through the concurrency management system, so to me -- and
Objective 3 is land development regulation, which have been adopted into GMP, that in order to ensure the
natural and historic resources, the availability of land for utility.
In other words, I really think it would fall better under two, wouldn't it?
MR. WEEKS: I can't disagree. I think -- I think that's a good suggestion that we move that.
CHAIRMAN STRAIN: So, you're moving Item G back under Policy 2 -- or Objective 2?
COMMISSIONER SCHIFFER: And some ofthe wording on Objective 3 should be moved into
Objective 2.
CHAIRMAN STRAIN: You might need to move your mike a little closer, Brad.
COMMISSIONER SCHIFFER: In other words, Objective 3, which I really don't think it's -- I
mean, we have an objective that discusses concurrency. Why we don't put transportation concurrency in
that as opposed to an objective that discusses natural historic resources.
So, I would take whatever you worded in Objective 3, put it back in two and at least move G, and I
can't find anything in the EAR that would guide you to do anything of this to begin but--
MR. WEEKS: I would agree that under Objective 3 the added phrase regarding implementing the
transportation concurrency management system, we will move to under Objective 2, and then we will move
Policy 3.1 (g) under Objective 2 as well. I would agree with that.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Okay. I've got a question on Page 4. It's in Policy G. That may not be on
Page 4 now, but it is from the copy I'm reading.
This talks about management strategies that can reduce the -- that can reduce the TCMA's or
completely eliminate the traffic impact mitigation measures that would otherwise be applied to such
developments.
I was reading this in conjunction with the transportation element, Page 10. I don't mean to bounce
to another document, but they don't seem to be consistent. Maybe they are, maybe I'm reading it wrong.
But if you look at the top of Page 10, David, and it actually begins on Page 9, these are the
transportation strategies, the transportation to man management strategies that can be utilized in TCEAs.
In each of them -- in fact there's be a language added to indicate that they expect to be able to reduce
traffic, but it doesn't seem like they're saying they will reduce traffic.
I guess it's a hit and miss proposition for the future. And I didn't know how positive that this
language on Page 4 was in regards to that, because I don't know -- from what I can read where they'll
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completely -- there's any indication they're going to completely eliminate traffic impacts.
So, I was just concerned about that word, the idea of completely eliminating traffic impacts. I don't
know if that's viable and I want to make sure that we don't -- someone doesn't come in here and say, well,
I'm going to do all these, therefore, I've completely eliminated my traffic impacts when in reality they have
not.
I mean -- so, I'll leave -- I think if you drop the words "or completely eliminate" from that
paragraph, you're okay. You're simply leaving it that they can reduce the traffic impact mitigation measures
instead of including the words "completely eliminate".
MR. WEEKS: I would agree with that and I think we should also change the word "can" to "may".
CHAIRMAN STRAIN: I have that circled as well.
MR. WEEKS: Okay.
CHAIRMAN STRAIN: Okay. Good.
Anybody else have concerns?
On to Page 5. Any questions on Page 5?
There's an obvious one up on top. I thought it was interesting.
Development review process has been evaluated and approved to focus on efficiency and
effectiveness through unification of all review staff into a single organizational unit and through
streamlining ofthe review process.
But this is concept, so I guess it's okay to say that. I just thought it was really interesting in today's
world.
COMMISSIONER SCHIFFER: That's not happening.
COMMISSIONER CARON: It's a goal.
CHAIRMAN STRAIN: It's a good goal. We should leave it.
Are there any other questions on Page 5.
COMMISSIONER KOLFLA T: Yes. These -- these corridors, some of those appear to be within
the city entirely; is that correct?
CHAIRMAN STRAIN: What -- what policy are you referring to? We can't follow you.
COMMISSIONER KOLFLA T: This is in 4.4.
CHAIRMAN STRAIN: 4.4? Okay.
MR. WEEKS: Those corridors actually are shared between the city and the county. There may be
portions that are completely within one jurisdiction, but a portions would be shared.
For example, Goodlette-Frank Road, a portion of it is completely within the city and then another,
the northerly portion, you have the city on the west side and the county on the east side, and then you go far
enough north and both sides are within the county, so shared jurisdiction.
COMMISSIONER KOLFLAT: But the county does abut all of these properties at some point; is
that correct?
MR. WEEKS: Yes, sir, it does.
CHAIRMAN STRAIN: Any other questions on Page 5?
COMMISSIONER CARON: Yeah.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER CARON: In Policy 4.1, why was water management stricken?
MR. WEEKS: There are no water management provisions within the Golden Gate area master
plan.
COMMISSIONER CARON: Master plan?
MR. WEEKS: Correct.
COMMISSIONER CARON: Okay.
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MR. WEEKS: It's that element of development is simply addressing the drainage sub element with
county wide applicability.
COMMISSIONER CARON: All right.
CHAIRMAN STRAIN: Page 6. Any questions on Page 6?
COMMISSIONER SCHIFFER: I have a six.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: 4.6(a), the number of egress points. What we're really saying is --
I think this goes against a couple policies. One is the community character plan and one is safe fire
department access to subdivisions.
In other words, if we force projects to have one entrance, we kind of put ourselves somewhat at risk.
And I think -- wasn't one ofthe major points ofthe community character plan is to help traffic by
not allowing this kind of stuff?
If you read the letters to the editor, it takes up half the pages as people complaining about what
happens with this.
But, in other words, I think, for example, emergency vehicles, this is really contrary to a safe
neighborhood that have only one entrance and exit.
So, what is the reason we're doing that?
MR. WEEKS: Well, first of all, keep in mind that this is applicable to activity centers only. This is
not a -- it's a very limited applicability.
COMMISSIONER SCHIFFER: Well, but it's a very dense urban area. I mean, maybe that's the
way it gets developed, but I think what we're causing is to combine these into one point.
MR. WEEKS: One of the principal objectives is to eliminate multiple access points. We want to
eliminate multiple movements oftraffic in and out of -- of different projects, so as much as possible,
combine them into a single access point.
It simply makes -- helps to make the transportation network more efficient by having fewer access
points.
CHAIRMAN STRAIN: I think Mr. Scott, too, might help in meeting -- well, I notice we strive to
try to eliminate more access points on the road so --
MR. SCOTT: Don Scott, transportation and planning.
To make the roadways safer and work better, we'd like to have less access points.
Now, when you're referring to large developments with only one access, that's true, but you don't
necessarily want -- you want them to follow the access management standards and you don't want them on
top of each other.
Obviously only the intent is to follow the access management standards as we develop projects.
COMMISSIONER SCHIFFER: But, you know, as this goes on to explain, you do have ways to
control access points, so I don't think A causes the ability to violate the rest ofthe requirements.
It's just -- what you're really saying is that you really want everybody to go in and out of one point.
MR. SCOTT: Well, as a development, for instance, pick a -- pick a commercial center around an
activity center, try to get to -- you're going to have a signal somewhere. Try to have an access to that signal
and not multiple accesses in between.
COMMISSIONER SCHIFFER: Right. That would make sense, but I mean what this is saying is
an ingress and egress shall be combined into a single.
So, take a shopping center in North Naples, our area, the Pavilion Shopping Center, to build in that
activity center according to this, you -- you're saying that everything should be combined into one point.
Does that make sense?
COMMISSIONER CARON: But this is -- this isn't any activity center. This is for mixed use and
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interchange activity centers. So, it's not -- it would be, for example, Pavilion --
COMMISSIONER SCHIFFER: Let me make sure.
COMMISSIONER CARON: -- in North Naples, right?
CHAIRMAN STRAIN: And it also says to the maximum extent possible.
MR. SCOTT: Right.
COMMISSIONER CARON: It would be, for example, anything at 75. That's what we're talking
about and/or things like Buckley which is on Airport.
MR. WEEKS: Let --let me correct that. This is--
COMMISSIONER CARON: Yeah. It says mixed -- oh, no, it's not -- not a mixed use.
MR. WEEKS: Activity centers only, so think of the future land use map on those red square.
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: That's the only places.
COMMISSIONER VIGLIOTTI: The Pavilion is activity --
CHAIRMAN STRAIN: Pavilion is an activity center.
Mr. Murray and then Mr. Vigliotti.
COMMISSIONER MURRAY: And if!'m not mistaken, the smart growth principals calls for
interconnectivity within the activity center to allow full access of the various commercial enterprises.
You're concerned -- you're concerned with people being able to get out at various locations.
Ifwe take one on Pine Ridge Road, is that a good candidate? You have several access, ingress and
egress points, but it directs traffic through the signal, and I would think that we compound a problem if we
had more points of ingress and egress. So, I --
MR. SCOTT: In had my choice, I would close one or two ofthem, too.
COMMISSIONER MURRAY: Well, okay.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: These are just activity centers, not interchange?
MR. WEEKS: Well, and that may have been in this particular case that three interchanges are
activity centers.
COMMISSIONER VIGLIOTTI: Correct.
MR. WEEKS: So, what we have, mixed use activity centers and then we have three interchange
activity centers. And this policy is applicable to all of those.
COMMISSIONER VIGLIOTTI: Right.
COMMISSIONER SCHIFFER: Well, I'm going to -- I mean, I still don't think it's a good idea. I
don't think it's a safe idea. I mean, what if there's an accident? That access point, there's fire in the building,
what do you do then? There's no other way to get in.
What if you're having a heart attack and traffic -- I mean, what you're -- if you said with your
comment, let's close down the other ones, what you're saying is let me start building traffic jams inside the
parking lot of these things instead of on the street.
So, then you have a heart attack inside one of these, trying to get out and--
MR. SCOTT: But I'm talking -- let's -- let's talk about Pine Ridge and Airport. You have the signal,
then you have the bridge that's right up between, what is it, checking place there, Boston Market.
That one with people trying to cut all the way across, that is not -- that is a safety problem.
Is that something I want to see in the future? No. But it doesn't even meet standard.
COMMISSIONER SCHIFFER: Why run the neighborhood up there by Einstein's or Michael's and
everything is filtered into one crazy drive --
MR. SCOTT: Yeah.
COMMISSIONER SCHIFFER: -- that's the real thrill and that's exactly what you're describing.
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MR. SCOTT: And -- and that's raised by what Bob Murray's talking about. That should have some
type of access to the back.
COMMISSIONER SCHIFFER: That particular one, I drive all the time, and it's because ofthe
configuration in that ridiculous parking lot and the fact we allowed not enough parking spaces for
Michael's, the home -- the PetSmart and Home Depot in that shopping center next door.
MR. SCOTT: Now, you --
COMMISSIONER SCHIFFER: But I think it's because it combines into a single access point, that
signalized location, is exactly the wording of this.
The -- the community character plan, Bob, wasn't just they were having a problem with coming in
and out connecting the things, which it did point at. It pointed at the gated communities and now we must
have gated towns, so we evolved that, but we have gated communities were one way in and out where we
don't have the ability to drive through communities to get to destinations.
MR. SCOTT: And then we have other code that says that if you have over 4,000 AADT, that you
should have other accesses, but I guess in some times in the past, that hasn't been followed.
COMMISSIONER SCHIFFER: Anybody -- has anybody from the fire department reviewed that?
MR. SCOTT: Do you -- are you comfortable if we add in, you know, a reference to taking an
account of safety for emergency response or --
COMMISSIONER SCHIFFER: I mean, that's what the other exits would be used for as alternate
ways to -- I mean, you know, we start funneling and funneling and funneling, that's the traffic jam.
CHAIRMAN STRAIN: And, Mr. Murray, do you have a comment?
COMMISSIONER MURRAY: Well, I did. I would -- to the extent possible, I would think that -- I
think that's the intent of that, I guess we could --
MR. SCOTT: It is.
COMMISSIONER MURRAY: -- get more speculative, but I think to the extent possible, and
obviously within whatever code requirements we have to satisfy, say, the fire district.
So, I don't know -- I understand where you're coming from and I appreciate where you want to go
with it, but I -- having been in this smart growth thing, I -- I would think that's -- yeah, we're a little too late
to make some of the major issues go forward that we'd like to see, but in this one I'm not sure that we're--
COMMISSIONER SCHIFFER: Well, we're not --
COMMISSIONER MURRAY: -- covered.
COMMISSIONER SCHIFFER: I mean, you think the smart growth committee would support
that?
COMMISSIONER MURRAY : Yes, I do.
COMMISSIONER SCHIFFER: To reduce everything to one access --
COMMISSIONER MURRAY: To where it's more safe where it's signalized because --
COMMISSIONER SCHIFFER: I'm saying it's less safe.
COMMISSIONER MURRAY: -- internally -- internally the traffic is calm, it's -- it's reduced, then
if they have to queue and wait, so be it, but you want to see the flow of traffic on the outside and more safe.
That's the way I --
MR. SCOTT: Now, obviously, your referencing some of the areas doesn't mean they were designed
correctly internally--
COMMISSIONER MURRAY: No.
MR. SCOTT: -- to handle it, too.
COMMISSIONER MURRAY: Right. No. That's another factor.
COMMISSIONER SCHIFFER: But for example -- I don't see really where the -- for example, let's
say that there's an outlet on the road that's a right turn only not at an intersection, wouldn't that lessen the
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burden of the intersection with the signalized in effect, in can just go down the parking lot a little bit and
come out and not have to view the traffic?
MR. SCOTT: In a lot of areas when we raised that issue where, yeah, if you were just having
someone take an right out and it's only a right out, not cutting across to an intersection __
COMMISSIONER SCHIFFER: Right.
MR. SCOTT: -- then, yeah, that -- that's fme.
COMMISSIONER SCHIFFER: But this regulation would put me at the light and wait with
everybody else.
So, in other words, I don't think it's the way -- maybe it's the way it's worded or maybe -- I'm not
sure what its intent is, so --
CHAIRMAN STRAIN: I think we need to bring this to a head because we could talk and debate
the merits of each.
I, myself, think Mr. Murray's right on this. It says maximum extent possible. That means it's up to
our safety and codes to determine what that is, and I'm satisfied that works.
Mr. Schiffer, if you're insisting on a language change, if you want to make a recommendation and
see if it carries the day, then let's get past this one and go on to the rest.
COMMISSIONER SCHIFFER: My only concern is, is the new language they've added. And I --
let me --
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Well, I mean, the way it was written before, I really -- the way I
like but I like the old language. I don't -- there's nothing in the EAR that -- I don't think there's anything in
the EAR that's causing you to rewrite that, but the old language I think is -- what you're claiming is a minor
types revisions were made for clarification, which I think the old code gave everybody the intent of what to
do, but didn't demand that they do it.
And here's what happens. You've got a project, the -- you know, an SDP in and somebody's saying,
hey, you got two roads, the growth management plan says you have to have one.
CHAIRMAN STRAIN: Randy, do we have any public speakers on this?
MR. COHEN: Yes, Mr. Chairman. We have three, starting with Bruce Anderson.
CHAIRMAN STRAIN: On just 4.6(a)? Holy cow!
You're going to address 4.6(a).
MR. ANDERSON : Yes, sir.
CHAIRMAN STRAIN: Okay. Go right ahead.
MR. ANDERSON: I want -- my name is Bruce Anderson and I want to agree with Mr. Schiffer on
this.
This is -- it's always possible to combine the accesses into one. That's not the question. I mean, you
can go ahead and cut off everybody and force them into one and that's maximum extent possible.
Whether that's always a good idea is quite another matter.
Here, there's no discretion left.
I think the old language provided staff with the hammer they needed when they wanted to use it,
when it was appropriate.
But here, you're -- you're elevating access to a comprehensive plan issue, and I don't think it belongs
there.
Thank you.
CHAIRMAN STRAIN: Mr. Mulhere is next?
MR. MULHERE: Thank you. Bob Mulhere for the record.
I -- I tend to agree. I don't think it's -- it's the intent of -- of this language, at least not in terms of
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what I heard Don say to necessarily limit at a particular location access to one singular point where it's
signalized.
At the same time, transportation staff would like to see things like, you know, perimeter roads,
frontage roads or other things that minimize the need for access to the arterial system, and I understand that.
You may have multiple points of ingress in and out of a -- of a particular activity center or mixed
use or commercial development that, as I think Mr. Schiffer indicated, might be limited to a right in, right
out.
And as long as they're spaced properly, those actually diffuse the congestion that will occur at a
signalized intersection.
So, I would suggest perhaps it -- either the -- from my perspective, either the language prior to the
amendment or adding perhaps another sentence that says at the end, however, multiple access points may
be appropriate if adequately spaced or otherwise restricted.
I mean, I don't think that -- and, Don, correct me in'm wrong, maybe -- I don't think the intent is to
necessarily limit access to -- to one singular point. But that's the way it reads.
COMMISSIONER SCHIFFER: That's exactly what it says, shall.
MR. MULHERE: That's the way it reads.
COMMISSIONER SCHIFFER: You know, here's the problem. You've got a plan in for review
and you've got -- remember the people that are going to be reviewing it are not necessarily in this room, and
they're going to say, shall, that means you can't have these other roads. You shall put everything together.
MR. MULHERE: I don't even know if that's consistent with the access management plan, which --
you know, which allows right in and right out if spaced appropriately.
MS. STUDENT-STIRLING: On--
COMMISSIONER SCHIFFER: No--
CHAIRMAN STRAIN: One at a time.
MS. STUDENT-STIRLING: Sorry.
MR. MULHERE: Thank you. That's do --
COMMISSIONER SCHIFFER: But as I was going to say, nor will --
CHAIRMAN STRAIN: After Marjorie says something, do you have something else to add to it?
COMMISSIONER SCHIFFER: Yes, I do.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Nor would it allow what Bob's saying, is somebody by reading
this strictly would not allow me to connect to my neighboring problem.
CHAIRMAN STRAIN: Marjorie.
MS. STUDENT-STIRLING: Well, I wanted to put in this in a little bit of perspective because it
says, the intent ofthe access management plan provisions is defmed by the following guidelines and
principals.
So, I think what this is an attempt to do is to explain the intent of an existing access management
plan.
But the points are well taken about this, because if it means something different than what we have
in a current access management plan or could be taken that way, it might, you know, trigger an amendment
that gets to where you all are talking about.
So, I just wanted to kind of put it a little bit in perspective.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Thank you.
Maybe -- let's see what this sounds like to you. The number of ingress -- ingress and egress points
shall be minimized with preference at signalized locations to the maximum extent possible.
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Does that do anything for it? Does that help in any way?
COMMISSIONER SCHIFFER: I'm not sure what was wrong in the old thing. I mean, in the EAR
you're claiming you're either buying our text revisions for clarification, but they do change the meaning of
what it says.
And the old one was -- what was the problem with that? Or Don will tell us the problem with that.
Let's fix that.
MR. SUMMERS: I was telling Randy, I don't even remember when this changed or who changed it
so -- and it says, you know, single access points.
COMMISSIONER SCHIFFER: Right.
MR. SUMMERS: I don't -- you know, if old language or what -- what Bob Murray said, I'm fine.
You mean from the aspect of following the access management standards, that's what we're trying to get.
CHAIRMAN STRAIN: David?
MR. WEEKS: I was just going to comment that the EAR itself calls for changing the policy for
clarity purposes.
I disagree that the language here makes a substantive change. The way the language reads right
now is the number of ingress and egress points shall be minimized and shall be combined and signalized to
the maximum extent possible.
So, the existing language is already telling us to try to minimize the number of access points and to
put them at signalized intersections.
I don't read it as significantly different.
My last comment would be if you want to leave it the old language, okay. To me it just doesn't
make a substantive difference but --
CHAIRMAN STRAIN: Miss Caron.
COMMISSIONER CARON: Yeah. I -- I think the only thing that here, in this current language it
says it has to go into a single access point. And the old language doesn't say that.
MR. WEEKS: Agreed.
COMMISSIONER CARON: So, the old -- the old language would seem to be actually clearer and
more flexible.
MR. SUMMERS: I'm with the old language.
COMMISSIONER CARON: And have you ever -- did you have any problem with --
MR. SUMMERS: No.
COMMISSIONER CARON: -- the old language, then I don't.
MR. SUMMERS: No.
CHAIRMAN STRAIN: Well, then, why don't we revert back to the old language?
Is that agreeable with everybody?
COMMISSIONER MURRAY: I'm happy.
COMMISSIONER CARON: Yeah.
Mr. Kolflat?
COMMISSIONER KOLFLA T: I was going to make motion to that respect.
CHAIRMAN STRAIN: We -- they can't make motions. We're not doing motions at this point.
We're going to make a motion at the end of the elements. We're looking for consensus on language during
the elements and then at the end.
COMMISSIONER KOLFLA T: I would be for retaining the previous language.
CHAIRMAN STRAIN: Right. Okay.
COMMISSIONER MURRA Y: That's fine.
CHAIRMAN STRAIN: Myself, I'll go along with it. I think that anything we can do to make the
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people in shopping centers wait longer than the people on the road, we're better off.
So, you got time to go shopping, you got time to wait.
COMMISSIONER SCHIFFER: Except when one of those people in the back of an emergency
vehicle is having a heart attack --
CHAIRMAN STRAIN: They'll clear for emergency vehicles.
Okay. Is there anything else on Page 6?
We go to C on the same policy.
I just got a -- you entered the word or include the word "existing" as new?
Would that also apply to planned?
MR. SCOTT: Yes.
CHAIRMAN STRAIN: Okay. So, we should insert existing implant interchanges in intersections?
MR. SCOTT: Uh-huh.
CHAIRMAN STRAIN: Okay. Anybody have a problem with that?
COMMISSIONER SCHIFFER: No, that's real good.
CHAIRMAN STRAIN: Okay. Add that.
Page 7. Any questions on Page 7 from the commission.
COMMISSIONER SCHIFFER: I have one.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Just out of curiosity, why is the Bay Shore CRA highlighted? Just
-- I mean, it's not important but --
MR. WEEKS: We were simply acknowledging its existence. We don't have to do that but as you
can see we've eliminated from below as -- as one ofthe areas that might be appropriate for redevelopment
because in fact the county hadn't already enacted and established it.
COMMISSIONER SCHIFFER: So, you're pointing out that this exists already, not--
MR. SCOTT: Correct.
COMMISSIONER SCHIFFER: -- not be a future one. Okay. Good.
MR. WEEKS: Correct.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Policy 4.8. You have encouraged recognition of identifiable communities
within Collier County.
I would just want to know that that's not encouraging incorporation by the words "encouraging
recognition".
There are some communicates, although I'd like to see them out of Collier County. They might be
homeless right now and I hate to see them having their own municipality. No telling what will come out of
that.
Is -- is encourage recognition, would that potentially provide fuel to the fire for --
MR. WEEKS: I certainly hope not. That's not the intent of the language.
And if you see the second sentence clarifies as to one example, the 12 planning communities are
unincorporated county. There's one example of how we recognized identifiable communities.
CHAIRMAN STRAIN: Could you say encourage recognition of identifiable planning communities?
COMMISSIONER MURRAY: That was -- that was what I was going to suggest, yes.
CHAIRMAN STRAIN: Would that have any problems for you, David?
MR. WEEKS: Well, then that connotes those specific 12 planning communities. And we do want it to
have broader applicability than that. You can see the second sentence that we've added, aside from
mentioning those 12 planning communities, also concludes with and commonly recognized neighborhoods.
For example, if we have readily available data for the Pelican Bay community, that happens to be a
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census designated place. So we have some census data that we can readily produce for that geographic
area. Golden Gate City's another example ofa CDP, and we have readily available data. That's the type of
thing we're simply trying to identify in a generic sense. I would suggest not adding the planning
community to the first sentence.
CHAIRMAN STRAIN: So you don't have any -- you aren't concerned then that this is going to lead to
individual incorporations throughout the county?
MR. WEEKS: No, sir, I really don't.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I have a further question. Many people recognize East Naples as
being an area considerably larger than what the county has related it. How then would I square that with
this identifiable communities thing? Weare -- in order to know where you are in East Naples today, you
need to see what the planning community says. And suddenly you find out you're in someplace else. So
does that impact in any way? I mean identifiable communities, satisfaction of what government purpose?
To create planning communities, to enhance them, to expand them?
MR. WEEKS: No. It's only to -- to recognize those areas where people from -- might request
information. We get data requests all the time. Sometimes they're very site specific.
COMMISSIONER MURRAY: Functionality?
MR. WEEKS: Yes.
MR. COHEN: Let me give you an example. We did the Vanderbilt Beach zoning overlay. We had a
request from that particular area or community. We had a Naples Park Community Plan, and we had our
request from that particular community. I think that's what Dave is trying to say. There's varying levels of
communities, and that's what -- when we identify them, they may be at a very small level or larger level.
COMMISSIONER MURRAY: In fact, they're subsets.
MR. COHEN: Correct.
COMMISSIONER MURRAY: Okay. All right. I can appreciate that.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: Just a housecleaning item. On policy 4.7, item B, I think that and at
the end there should be deleted.
CHAIRMAN STRAIN: I'm sorry, what is it? Could you repeat that?
COMMISSIONER KOLFLAT: 4.7, subheading B, as in baker.
CHAIRMAN STRAIN: Right.
COMMISSIONER KOLFLA T: After--
CHAIRMAN STRAIN: Could you pull your cord -- nobody can hear what you're saying without your
speaker there. Thank you.
COMMISSIONER KOLFLAT: Policy 4.7, item B, sub heading B, US 41 north to Naples Park, then
it says and. I think the and should be dropped.
COMMISSIONER MURRAY: You still have C.
CHAIRMAN STRAIN: You still have an item C it's referring. Then you would go and, C, Bonita
Beach Road between Vanderbilt Beach Drive and the west end of Little Hickory Shores number one
subdivision.
COMMISSIONER KOLFLAT: Would you then still retain the C marking if you continued it on?
CHAIRMAN STRAIN: Yeah, I think so.
COMMISSIONER MURRAY: It's part of a series.
MR. WEEKS: I agree, Mr. Chairman, that it's providing a list and that's typical that as you're
concluding the list, you have that connecting term such as and.
COMMISSIONER MURRAY: Part of a series.
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CHAIRMAN STRAIN: Okay.
MR. WEEKS: It won't make a substantive difference if we take it out.
COMMISSIONER KOLFLA T: No, it won't.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER CARON: Yeah. On 4.8, down at the bottom, when it talks about BEBR high
range -- and I'm probably not remembering this correctly, but in the AUIR didn't we look at BEBR high
and then after the five years look at an average of BEBR high and BEBR medium and not BEBR 95
percent of high?
COMMISSIONER MURRAY: We did with respect to the water. To the -- to Mr. Deloney's
organization.
MR. COHEN: Water and sewer was different than the rest of the AUIR.
MR. WEEKS: I sub --
COMMISSIONER CARON: Everything else was 95 percent?
MR. WEEKS: Yes.
COMMISSIONER CARON: I mean I said I -- okay.
CHAIRMAN STRAIN: Water--
COMMISSIONER CARON: That's good.
CHAIRMAN STRAIN: Okay. By the way, you -- court reporters are pretty slick. You slid in here, I
didn't even see you change. Pretty good.
Page eight. Any questions from the commission on page eight?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: I do too. Miss Caron?
COMMISSIONER CARON: I'll go. 5.1. Talk to me about the need for this new language. Are--
MR. WEEKS: This coincides with the changes to the density rating system. Most particularly where
the county commissioners directed in the EAR to restrict residential density in the coastal high hazard area
to four units per acre. The density rating system is applicable for properties coming in and requesting a
rezoning and typically an up zoning, typically from your agricultural zoning district.
Policy 5.1 you can think of as applying to nonconformities. It's the exception to the rule. If there's a
property out there today in the coastal high hazard area that is zoned commercial, they really have -- you
can view it as them having a choice. They could use the density rating system for the conversion of
commercial zoning, but if that property is in the urban coastal fringe subdistrict, which is totally within the
coastal high hazard area, they would be limited to four units per acre, period. Because there's a cap in the
urban coastal fringe of four, with exception of affordable housing.
But if they were to utilize policy 5.1, what it says is that we will do in -- a comparison of the public
facility impacts, compatibility considerations, and environmental impacts -- it doesn't say this is how it's
applied -- for that property.
The result is that potentially a property in the coastal high hazard area could be rezoned from
commercial to residential at a density in excess of four units per acre. If you -- one way oflooking at it
would be to say, well, gee, that's a loophole. And this language --
COMMISSIONER CARON: Precisely.
MR. WEEKS: This language is intended to close that loophole. So that if you have that commercial
property and you want to rezone to residential, if you're in the coastal high hazard area you're capped at four
units per acre, no different than under the density system. So we have a level playing field. No matter
which provision you use, four is the cap. That's the biggest change, I would say.
The other is -- is changes to policy 5.1 -- because you can see a lot of additions here -- is to have a
similar type provision for industrially zoned property, allowing it to be rezoned so long as you do not
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increase the density or the intensity of the development. So that if you have an industrial property and you
wanted to rezone to commercial, that you -- you would still be able to do that, as long as you don't increase
the intensity of that development.
Subsection D, under policy 5.1, is recognizing the whole category of properties that you can think of as
nonconforming. Those that if you looked at the future land use map designation you'd say, well, that
property shouldn't -- shouldn't be zoned that way. It's not consistent with the map. Yet we have certain
policies that recognize that that property -- those properties are exceptions to the rule. They are consistent
with the plan for a different reason.
That includes those properties that when we went through a zoning reevaluation program in the early
'90s had zoning inconsistent with the future land use map, yet through certain application procedures they
were able to keep their rezoning -- the zoning on their property. Properties that were already improved.
That essentially meant developed or might have infrastructure in place. Those properties were protected
and allowed to keep their zoning.
We've made changes over the years to the future land use element removing provisions, but some
properties were rezoned under those provisions. So policies recognize that those properties are nonetheless
consistent with the future land use element.
So as a whole, there's properties out there that have zoning that are not consistent with the future land
use map but are covered by policy. And that's what this policy 5.1 addresses in part, is allowing those
properties to still be considered consistently zoned and that they could also go through a zoning change, so
long as they do not increase the density or intensity.
The opposite approach in the way policy 5.1 at one time dealt with these properties was an all or
nothing approach. Your zoning is not consistent with the future land use map, if you want to come in and
rezone the property, you must drop all the way down to whatever density or intensity is consistent with the
future land use map, which generally speaking for residential you had to drop down to three or four units
per acre.
This allows properties to rezone at the same level of intensity or move closer towards consistency with
the future land use map.
COMMISSIONER CARON: I see this policy, especially A, as allowing people to get around
maximum density.
CHAIRMAN STRAIN: David, in your discussion in your first explanation you referenced the coastal
high hazard as a limiting factor. Can you tell us how that is pulled into item A, for example?
MR. WEEKS: That would be what I was discussing earlier. If you had a property, say, zoned C3 and
the future land use map designation is simply urban coastal fringe and it doesn't qualify under any of our
text base provisions for commercial zoning, yet there it is and it's allowed to remain by some existing
policy. If that property owner wanted to come in and rezone their property to residential, they would be
limited to no more than four units per acre, period. There is no exception.
CHAIRMAN STRAIN: Why? Because it's in the coastal high hazard, correct?
MR. WEEKS: Right. When we get over to the density rating system, you will see that we1ve added--
no. Actually, I think it's under the overlays and special features. So later in the future land use element,
we1ve added a provision for coastal high hazard area where we stated four is the maximum density and we
also state something else about mobile home zoning not being allowed, new rezonings.
CHAIRMAN STRAIN: All right.
MR. WEEKS: You put the pieces together, you have that cap of four units per acre. I would view it as
closing -- I don't want to call it a loophole but closing a door.
CHAIRMAN STRAIN: Where I was trying to go was slowly indicate that maybe if you referenced
the coastal hazard area as being a limiting factor in the density in the conversion -- because in the last part
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of A, the last sentence -- first of all, you say you cannot exceed the intensity in the new zoning -- the
intensity of the new zoning district, then you say the foregoing notwithstanding, such commercial properties
may be approved for the addition of residential units in accordance with the commercial mixed use
subdistrict through an increase an overall intensity may result.
And I think that's where the issue is. You're actually saying now that you can't have the increase, but
this language reads as though you could have the increase. And I'm wondering ifthere's a better way to
state it.
MR. WEEKS: Let me explaining the rationale. Let me jump to the last sentence, and then I'll come
back to your point, in may, Mr. Chairman. The last sentence says the zoning change of such commercially
zoned properties to a residential zoning district is allowed as provided for in the density rating system of the
future land use element.
That's where it's -- it's taking this ability to rezone from commercial to residential, it's referring you
back over to the density rating system, which it did not used to do, and there you will see that that density is
capped at four units per acre.
COMMISSIONER CARON: Okay. So--
MR. WEEKS: Back to your --
COMMISSIONER CARON: Then go ahead.
MR. WEEKS: Yes.
COMMISSIONER CARON: Go back to the buyers then.
MR. WEEKS: Back to the question that Mr. Strain asked about. What this is recognizing is the -- or
providing for is the ability to do mixed use development. So you have your commercial zoning in existence
in the coastal high hazard area in our example, and you want to do a mixed use development. You want to
put some residential units on top ofthe commercial. This would allow that to occur. It would allow you to
do that mixed use development.
So in that sense you could be adding intensity because you've still got the commercial development
that's allowed, plus you've now got these residential units on top.
COMMISSIONER CARON: So you have intensity changes but not density changes.
CHAIRMAN STRAIN: Right.
MR. WEEKS: Well, then I guess you could say you have both because you're adding density that
didn't previously exist.
COMMISSIONER CARON: Well, yes.
MR. WEEKS: But it goes hand in hand -- I mean it's a policy decision, certainly. Do we want to
allow this to occur? This fits in with one of those smart growth principles of allowing mixed use
development, but there's potential trade offhere of saying, well, yeah, we want to do that, but do we want to
do that in the coastal high hazard area? That's the real policy decision here. Staff is suggesting it's an
appropriate thing to do, but ultimately the policy makers will--
CHAIRMAN STRAIN: If I'm not mistaken, does 9J5 allows us to rise -- to raise intensity in the
coastal high hazard? For example, item 3 B of9J5 says direct population concentrations away from known
and predicted coastal high hazard areas. And if you're allowing intensity increases, I don't think you're
doing it.
Item seven says designating coastal high hazard areas and limiting development in these areas. I'm not
sure that by allowing an increase -- I don't care for what smart growth principle you have -- in a coastal high
hazard, you're meeting the intent of those conditions in 9J5.
MR. WEEKS: Well, one way to look at it would be if the property were rezoning from commercial to
residential, we would allow them to do so at a density -- maximum density of four units per acre.
CHAIRMAN STRAIN: But then you'd eliminate the commercial.
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MR. WEEKS: Correct. So -- but to the point of residential, by allowing for the mixed use
development, on the one hand, yes, you're adding residential development but at no greater density than you
would allow if they converted to commercial. And commercial itself has no density. There are no
residential units associated with it.
So we're allowing two things to occur. We're allowing the commercial development and the
residential, but we're not increasing the residential beyond what they could otherwise have. From the
perspective of hurricane evacuation, a commercial development is generally not a consideration.
COMMISSIONER CARON: I think we've played this game, and I think we need to make it very clear
that -- that in the coastal high hazard area you are not going to accept anything more than four. And--
CHAIRMAN STRAIN: I think the problem is -- he's saying it's four, the problem is it's a new four. If
you have commercial on the books right now and you've calculated your overall coastal high hazard area,
you don't have four for the commercial that's there. You've got commercial.
MR. WEEKS: Correct.
CHAIRMAN STRAIN: So by allowing the commercial to add four as a mixed use, you're increasing
the intensity in the coastal high hazard, which seems to contradict 9J5.
COMMISSIONER SCHIFFER: Well, Mark, what does intensity mean in 9J5?
CHAIRMAN STRAIN: I don't have the definitions with me. I didn't plan on going that far with it.
We have a county attorney here, maybe she knows.
MS. STUDENT: Intensity, the way I understand it -- and I'm going to ask the planning staff to say if
I'm correct, but I've always understood intensity to mean for such things as square footages for commercial
and industrial uses and density as related to residential development. That's the way I've always understood
it.
MR. WEEKS: I agree.
COMMISSIONER MURRAY: If I may?
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Not that I -- maybe I'll add some clouds to this instead of some
clarity.
When we in smart growth dealt with the issues of mixed use, we didn't particularly get involved with
the coastal high hazard because I think we -- we agree that putting more people there in excess is not a
useful thing. However, if we were to take the base density in the simple conversion, I don't think smart
growth principals apply there. However, I know that that -- that's acceptable.
But if we add a commercial piece, we would be helping a community, that's the intent to smart growth,
by having some commercial enterprises that would serve that local community. And it doesn't impact in
terms of evacuation or issues associated with hurricane because your evacuation from commercial is
immediate. And your density then is the only thing left, and that's within the zoned acceptance, right?
MR. WEEKS: (Nodding head.)
COMMISSIONER MURRAY: Is that a reasonable statement, what I've just made?
MR. WEEKS: Right.
COMMISSIONER MURRAY: And that -- I think in that context mixed use does not give it a bonus,
if you will, but in fact helps the community.
MS. STUDENT: I'm going to defer to -- if! may -- Mr. Weeks again. But I turned over to the
commercial mixed use subdistrict, because that's what this seems to relate to, and in reading paragraph three
on page 23, under 14, commission -- commercial mixed use subdistrict, it seems to limit the density in the
CHHA to four. Am I -- so I don't think when you take these two things together you're increasing the
density in a CHHA, unless I'm wrong.
MR. WEEKS: You're correct. And similarly there's language in the activity centers, as well, where it
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provides for mixed use development here within the coastal high hazard, four units per acre is the cap.
That's a consistent theme.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And, Mark, since you're worried, the intensity really is square
footage. There's nothing that says that when you add residential that you don't have to decrease the size of
the commercial. In other words, the commercial is unregulated in size, other than building mass and
setback and architectural standard. It's not a -- there's no floor area ratio. So conceptually within the same
building mass that could be potentially all commercial, you're now going to add residential units. So one
could draw the logic that you're going to be decreasing appropriate -- you know, the same size of
commercial build out. So there's -- you know, while he called it an additional, it's really an additional use
that's allowed, it's not additional area that's allowed.
CHAIRMAN STRAIN: Is there limitation on the maximum amount of residential you could have
versus commercial, or could you just put a boutique on the piece of the first floor and convert the rest ofthe
building to residential?
MR. WEEKS: You could subject to that four unit breaker cap.
COMMISSIONER MURRAY: In fact, if! may add to that, the mixed use smart growth principle that
will be coming to this board at some point call for commercial, then some office, and then some residential.
And it can be configured to be adjacent at an elevation half the level ofthe building. Whatever way
architects can find a way to make it most suitable. But it never changes the density overall, whatever is --
the underlying zoning is the acceptance.
CHAIRMAN STRAIN: Right. Well, my point wasn't that. My point was that someone could use this
commercial zoning really by putting a very small piece of commercial and utilizing this change or this
increase in density, in residential density, and build out a residential product, basically.
MR. WEEKS: That--
CHAIRMAN STRAIN: Call it mixed use but you have no limitation on it.
MR. WEEKS: That's correct. But I would again remind you that -- that if the property owner chose to
rezone it from commercial to residential entirely, the end result is the same.
CHAIRMAN STRAIN: Right.
MR. WEEKS: No more than four units per acre. So if you have a one acre property, they could have
four units, whether it's rezoned to residential or whether it remains commercial, and they add those four
units to however much commercial development they can get on that site at the same time.
CHAIRMAN STRAIN: Okay. Everybody discussed this one?
COMMISSIONER MURRAY: And I just add one more piece to it, that in the mixed use information
that's going to be brought forward, it talks about distance from activity centers and it talks about maximum
and minimum acreage. So that it -- some of the constraints are in there against a willy-nilly type of
piecemeal building of commercial and residential. So--
CHAIRMAN STRAIN: I'm sure I'll have plenty of comments when that comes forward.
COMMISSIONER MURRAY: I'm sure.
CHAIRMAN STRAIN: Back on page eight, I haven't asked the question I had on page -- policy 5.1.
The first sentence, why is that being related?
MR. WEEKS: One argument would be that that's a given, but really what we've done is incorporated
it into policy 5.2.
CHAIRMAN STRAIN: No. You say in 5.2 all applications and petitions for proposed development
shall be reviewed for consistency with the Growth Management Plan. This one is more positive. It says all
rezones must be consistent with the Growth Management Plan. I like the more positive approach in this
county with everything we've seen come forward, rather than the ambiguous approach in 5.2. I don't see a
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need why that should be deleted. It doesn't hurt to leave it there.
MR. WEEKS: Okay.
CHAIRMAN STRAIN: Just reemphasizes the need for consistency. Because that's a good policy to
have that in. Anybody have a problem with leaving that in?
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: In 5.2--
CHAIRMAN STRAIN: Well, before--
COMMISSIONER CARON: Okay. Go ahead.
CHAIRMAN STRAIN: I think we had a speaker. Did you have a speaker on 5.1?
MR. COHEN: Mr. Anderson wanted to speak on 5.1.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: While he's approaching, if you'll all permit me, policy 5.1, that first statement, not the
same as but very similar to the existing policy 5.2. Staffviewed them as being somewhat redundant. So the
idea was delete that first sentence from policy 5.1 and modify policy 5.2.
CHAIRMAN STRAIN: Well, the only thing I think you did is you diluted it by putting it the way you
did in 5.2. 5.1 is very direct -- directional. It says all rezonings must be consistent with the GMP. 5.2 it's
going to be they're going to be reviewed for consistency, and then those found to be inconsistent shall not
be approved. I like the more positive approach, that they shall -- that they must be consistent with the
GMP. That seems to be more forceful. And that's an issue we've seen challenged many times in front of
this planning commission.
COMMISSIONER CARON: I think you can probably change it to be more positive in 5.2 by just
saying that the -- all applications and petitions for proposed development shall be consistent with the
Growth Management -- with this Growth Management Plan.
CHAIRMAN STRAIN: Which is what it says in 5.1.
COMMISSIONER CARON: Yeah.
MR. WEEKS: Okay.
COMMISSIONER CARON: If you want it in a separate --
MR. WEEKS: That's probably better. Because the policy 5.1 sentence only applies to rezoning.
COMMISSIONER CARON: Exactly. And I like 5.2 better for that.
MR. WEEKS: But we also wanted to be clear in policy 5.2, continue to say as reviewed by the --
determined by the Board of County Commissioners.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: So that -- that keeps it in the public hearing realm, as opposed to telling staff, for
example, you're reviewing a site development plan, you have to make sure it's consistent with the Growth
Management Plan. Well, there are certain provisions of the Growth Management Plan that we don't have
purview to make that -- that call on.
CHAIRMAN STRAIN: Well, when we get to policy 5.2, maybe we can strengthen that language and
still meet the goal.
Before we go there, though, Mr. Anderson, you had something to say on 5.1.
MR. ANDERSON: Thank you, Mr. Chairman, yes.
In your -- in your recommendations that you're going to make to shut the door on anything more than
four units per acre in the coastal high hazard area, I would ask you to leave the door open for any project
that contains an affordable workforce or gap housing component. Because with the situation we have here,
we need to take advantage of it wherever you have a property owner who's willing to try it. And I would
just ask you to consider that general exception to this.
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And I'm not saying the affordable housing density bonus. I am saying a project that has an affordable
component. Because a project can have one without going through, taking advantage of the density bonus
proviSiOns.
CHAIRMAN STRAIN: The only thing I'd have to ask, Bruce, is everything I can find in 9J5 when it
talks about coastal high hazard areas talks about limiting density. Do you have any reference that would
indicate where or how we could be increasing density for any particular purpose -- and this particular
purpose being a social good in some sense, but where does it allow that?
MR. ANDERSON: Well, it allows it because it's already allowed today under our comprehensive
plan. So it's already been determined to be consistent. I'm just asking you not to take something away that
already exists.
CHAIRMAN STRAIN: Okay. Now, the idea that it exists today, I think that's that debatable idea that
-- where we've had discrepancies in this code over the density in the coastal high hazard area where some
sections say four, no more than four, shall be four, and others have bonus provisions.
MR. ANDERSON: Well, there are -- there are areas in the coastal high hazard area that are not in the
urban coastal fringe. The urban coastal fringe it is, I believe, clearly limited to four units per acre. But in
coastal high hazard areas outside that, the density rating system otherwise applies.
CHAIRMAN STRAIN: Okay. Thank you, sir.
MR. ANDERSON: The -- and on D and E, I -- I was on the smart growth committee with Mr. Murray
for awhile, and I wanted to urge you to add to the last sentence of D for residential and mixed use
development only. And then at the end of that sentence, after the density rating system, put or the
commercial mixed use subdistrict. I don't know if those were intentional omissions or not, but those are
other areas where we do provide for mixed use. And then on E, paragraph -- well, I'll wait until --
CHAIRMAN STRAIN: Let's -- yeah. Let's digest D first.
David, are you understanding his suggestions there, and are they consistent with what staffs intent was
for that paragraph?
MR. WEEKS: I need a moment to digest that, please.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: No objection.
CHAIRMAN STRAIN: Okay. Any comments from the panel?
COMMISSIONER MURRAY: I would like it clear in my own mind what Bruce is relating. It says
for residential development only. Okay. In the mixed use that will come before this board later, we speak
of a mixed use with a commercial component, commercial with a residential component, and residential
with a -- with a commercial component. So, Bruce, this says for residential development only, and then you
said add for residential and mixed use or commercial? Do you want the modifier--
MR. ANDERSON: I wanted to add -- after the residential, put and mixed use.
COMMISSIONER MURRAY: For residential and mixed use development, is that what you're
saying?
MR. ANDERSON: Yes, sir.
COMMISSIONER MURRAY: Okay. You can -- well, if it's a mixed use and the -- and the -- and we
speak of intensity for commercial, the density -- the only thing that we count is the residential, right?
MR. ANDERSON: But it's not residential development only, it's mixed use.
COMMISSIONER MURRAY: Yeah. Okay. So we're introducing -- what we want to introduce is
the potential for it?
MR. ANDERSON: Yes, sir.
COMMISSIONER MURRAY: Now I understand it more clearly, what you're saying.
CHAIRMAN STRAIN: Mr. Schiffer?
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COMMISSIONER SCHIFFER: I--
COMMISSIONER MURRAY: And I agree.
COMMISSIONER SCHIFFER: Just to support it.
CHAIRMAN STRAIN: Okay.
COMMISSIONER VIGLIOTTI: I agree.
CHAIRMAN STRAIN: Okay. I do too. Any problems? Okay. For that one--
MR. ANDERSON: And at the end of that sentence, adding the reference to the commercial mixed use
subdistrict.
CHAIRMAN STRAIN: That was in your previous statement. I'm assuming everybody understood
that.
MR. ANDERSON: Oh, okay.
CHAIRMAN STRAIN: David seemed to indicate that so--
MR. ANDERSON: Okay.
CHAIRMAN STRAIN: Okay.
MR. ANDERSON: Thank you. And on E we're introducing some new standards to determining
whether there is an increase in the intensity of development. When this provision was originally adopted, it
was limited to public facilities impacts because that was the whole basis for doing the down zoning, was to
limit public expenditures, and so you wanted to keep the same level of public facilities impacts. And that
was the standard of measurement.
That is an objective standard that can be either determined either you meet it or you don't. The
environmental impacts and compatibility considerations are quite subjective. And I think you ought to
leave it as it is and not introduce subjective standards into determining whether the overall intensity is being
increased or not. Let's --let's keep it an objective measurement. And the impacts to public facilities, does it
generate more traffic? Is it going to use more water capacity? Those are things that either -- are either yes
or no.
CHAIRMAN STRAIN: So you don't feel that the environmental impacts or compatibility
considerations are part of something that should be weighed in regards to the intensity in these areas?
MR. ANDERSON: No. Because they're too subjective. Those are appropriate considerations for
reasorungs.
CHAIRMAN STRAIN: Isn't this about rezonings?
MR. WEEKS: (Nodding head.)
MR. ANDERSON: Yes. But consider them as part of the rezone criteria, not whether there is an
increase in the intensity of development.
CHAIRMAN STRAIN: But if the increased intensity and development triggers the rezone, why
wouldn't you want to consider the environmental impacts and compatibility considerations ofthat?
MR. ANDERSON: You're going to consider those anyway.
CHAIRMAN STRAIN: Well, then what difference does it make?
MR. ANDERSON: Because one of the criteria -- overall intensity of development and whether it's
increased or not is on a level of criteria the same as environmental impacts and the same as compatibility.
And here we're making -- we're also making them subsets of determining whether the intensity has been
increased.
I'm saying leave them as their stand-alone considerations, don't lump them in with intensity that -- that
otherwise objective intensity determination. Thank you.
CHAIRMAN STRAIN: Thank you. Did you have any comments on that, David?
MR. WEEKS: Yes. The first comment is that there's a certain amount of subjectivity involved with
public facility impacts in the sense that there are numerous public facilities to be measured. Some might
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show an increase and some might show a decrease, comparing the existing and the proposed development.
So there's a certain balancing act that the decision makers will have to make as it is, potentially.
Because, again, you could have impacts increased or decreased, depending upon the different public
facility. Excuse me. I do think that consideration of environmental impacts and compatibility
considerations are appropriate in measuring the intensity of a proposed development versus what is allowed
presently.
Further, I can tell you that staff -- at the staff level when people have inquired about this policy, 5.1 as
it exists today, our response has been to tell them these are the three considerations that staff would utilize
in reviewing the application. We don't get a lot. We probably had half a dozen or less to review, rezone
requests under policy 5.1. But that is the response that we would provide to -- to the inquirer as to how we
would be reviewing it.
We've had at least two. I said half a dozen or less, I can think of at least two rezonings that have gone
through the public hearing process. And they had the -- the analysis prepared, most particularly public
facilities. But ifnot prepared by the applicant, staff would also look at the -- the compatibility
considerations, as well as the environmental impacts for a given piece of property. And I think its
appropriate as a measurement of intensity.
Bruce may be correct that at one time, you know, back in the earlier days of the comprehensive plan
that the public facility impact was the single consideration, but that's not how staff would recommend you
view it today. And has not been the case, again, for a number of years.
CHAIRMAN STRAIN: Okay. Brad?
COMMISSIONER SCHIFFER: So remember when Mark asked the question adding four units,
would that increase the intensity of use on a property. This would be the format of which you would decide
that. In other words, you would review a commercial project and then review a commercial project with this
residential, but of course no -- I mean somebody -- I could design a maxed out commercial project that they
wouldn't even build to prove that. Is that what this would be used for? Because--
MR. WEEKS: Well, actually, an exception is provided under paragraph A that would allow for the
mixed use development to occur, even though it might result in an increase in intensity. So it's actually
carving out an exception. Because if you're allowed to do the same amount of commercial development
today as under your proposed development with mixed use and you're going to add some residential units,
we would assume that the impact is going to increase because you're going to -- number one, we would
assume you're going to generate more traffic. Because if -- you're allowed to have the same amount of
commercial development, plus you've got these residential units. So, again, that's why we're carving out an
exception to this impact analysis.
COMMISSIONER SCHIFFER: Here's where I understand, I think, where Mr. Anderson's coming
from. Is that -- to do this you'd have to have a hypothetical -- because it's existing zoning. Zoning doesn't
have impact, the use on the zoning does. So it's hypothetical against proposed. So obviously you would
assume somebody smart enough to always make their hypothetical. So it winds up being he's right, a
subjective kind of contest, may be wasting everybody's time.
I mean we've had some zoning hearings here where, you know, people have proposed massive
hypothetical, and we end up focussing, arguing whether that's a realistic hypothetical. So it's -- again, it's
almost the defmition of what subjective is, just playing with it. So I kind of agree that it is something that
could be a dangerous thing. It's never going to be something that protects because anybody with a lick of
sense would always be able to make the hypothetical pretty nasty in intensity.
MR. WEEKS: I would agree with you that -- that -- just as this body may and hopefully the Board of
County Commissioners staff as well would look at the hypotheticals and if -- if someone's got a C3 or C4
zoning which allows retail uses, personal service, and office, and they walk in the doors saying, well, our
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comparison is C4 zoning with office only, I would tell you that staff would say that's unacceptable.
Because you -- you allowed a much greater intensity of development as in -- intensity as in the -- the traffic
generation that you could have for retail versus most office uses.
COMMISSIONER SCHIFFER: But see what we're doing now is giving hypothetical hypotheticals.
So it's really -- it is a subjective --
MR. WEEKS: And I'm agreeing with you. I'm saying even if we did not include the environmental
and the -- the compatibility considerations, just public facility impact alone is not going to be a black and
white comparison --
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: -- because of the potential array of choices and what we could say is -- is the
hypothetical use in the before scenario.
CHAIRMAN STRAIN: Okay. Well, watch the paint dry.
COMMISSIONER SCHIFFER: Mark, I'd like to get a -- I'd like to see if we could remove E.
CHAIRMAN STRAIN: Well, I'm trying to go forward with a consensus. That's where I was trying to
head. Before we can move to 5.2, let's figure out where we're going to go with E. Staff would like to see it
remain as is. What does this commission like?
COMMISSIONER CARON: I would like to see it remain.
CHAIRMAN STRAIN: I would agree.
COMMISSIONER SCHIFFER: Thumbs down.
COMMISSIONER MURRAY: I have a question. What Mr. Anderson said was that it already exists.
And I think what he meant by that is these criteria of qualification already exist in another location, as it
were. So I -- if they already exist, I'm not sure -- this is in the GMP so --
CHAIRMAN STRAIN: Yes or no, do you want --
COMMISSIONER MURRAY: I'm trying to come to it, and I may be thinking aloud and maybe I
should apologize for that.
COMMISSIONER CARON: It doesn't exist elsewhere.
COMMISSIONER MURRAY: Well, that's what I misunderstood. I thought he said it did.
CHAIRMAN STRAIN: You guys gotta -- we've gotta keep up with the court reporter. Mr. Murray
wants to continue with his dialogue, then Miss Caron if --
COMMISSIONER MURRAY: If! can -- because that's where I'm hinged on, if you don't mind
MR. ANDERSON: My name is Bruce Anderson. I did make that statement. Where I believe it
already exists is under the rezone criteria, which would -- you would have to look at if you were bringing in
a petition to change the zoning on the project anyway. You'd get to look at these things. I'm saying it's
already -- already encumbered by the criteria in the Land Development Code, and it's on an equal basis with
the intensity measurement.
COMMISSIONER MURRAY: I guess for me, Mr. Anderson, is the question of -- ifit already exists
and it is, therefore, part of the consideration by staff of whatever rezone is being desired, how does leaving
E in intact further or reduce somehow the viability of the effort?
MR. ANDERSON: Okay. I'll give you an example. I -- let's say I'm bringing in a hypothetical project,
and it has some environmental impacts which may be somewhat undesirable. And in order to try to get that
project approved, if! am lowering my impacts on public facilities, I'm going to argue that, you know, you
need to consider that equally, that that's important, as well. And perhaps in the minds ofthe decision
makers, that will offset the negatives associated with the environmental impacts.
COMMISSIONER MURRAY: I'm going to -- I'm going to take the position then -- I've made a
decision. I'm going to agree with Mr. Anderson's view.
CHAIRMAN STRAIN: Mr. Schiffer, you had something else?
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COMMISSIONER SCHIFFER: Yeah. And I just wanted to say we're -- Bruce has pointed out
something, too, that it says here that this is how it is determined. What you really are leaving us in a weak
spot -- because, again, you're going to be up against some bizarre hypothetical and this -- the new project
comes in less, this is almost saying you have to determine that it's less intense. Unless you want to argue
the hypothetical.
CHAIRMAN STRAIN: I'm still trying to get a pole of the commission. Mr. Kolflat?
COMMISSIONER KOLFLAT: Delete.
CHAIRMAN STRAIN: Pardon me?
COMMISSIONER KOLFLA T: Delete.
CHAIRMAN STRAIN: Delete. Brad is delete, Donna and I are keeping it, Mr. Murray is delete it.
COMMISSIONER VIGLIOTTI: I'll keep it brief and just delete it.
CHAIRMAN STRAIN: So one, two, three, four delete, two to keep.
Miss Student, I understand then as an LP A discussing amendments to the GMP, do we need a super
majority? I mean do we need a majority of the entire commission?
MS. STUDENT: Not at the transmittal stage, at the adoption stage.
CHAIRMAN STRAIN: So we--
MS. STUDENT: We are transmittal of these amendments right now.
CHAIRMAN STRAIN: Okay. So it only needs a minor, just a majority of those presents.
MS. STUDENT: That's correct.
CHAIRMAN STRAIN: So it looks like the deletion is the -- Mr. Weeks?
MR. WEEKS: I just wanted to give a response to Bruce's comment. I agree that rezone criteria do call
for reviewing public facility impacts, but it's not a comparison between the existing versus the proposed.
It's the -- in the nature of is there adequate -- are there adequate public facilities, is there adequate capacity,
not compare the before and after scenario. It's really a different kind of comparison or review.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: The second thing I would say is that, again, whether you limit this to public facility
impacts or if you add these additional that staff is proposing, there's still going to be a balancing act. You're
still going to have to consider -- you're still going to have to give weight to each of the individual public
facility impacts.
If you're generating more traffic or if you're generating less traffic, how do you weigh that with a
greater or lesser amount of water consumption? So there's going to be a balancing act. And you may find
that -- that in every way the public facility impacts are decreased but traffic is increased, and that might
carry the day. Because ultimately the Board of County Commissioners will have to weigh the decision of
each public facility impact and the weight they give to each of those.
And then of course if you throw in environmental impacts and compatibility considerations, I would
suggest to you that the same type of activity would occur. You have to give weight to those. So in his
example, if there's an environmental derogation, that mayor may not tilt the scale when compared to the
other considerations. Thank you.
CHAIRMAN STRAIN: Does Mr. Weeks' comments change anybody's mind?
Okay. Mr. Anderson, I don't think we need to hear from you, unless you want to try to defeat your
purpose.
MR. ANDERSON: No.
CHAIRMAN STRAIN: I guess then the majority of this commission has recommended E be deleted,
David.
MR. WEEKS: In its entirety, therefore no public facility impact consideration, as well?
CHAIRMAN STRAIN: Well, since I'm in the consenting vote, I can't tell you that.
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COMMISSIONER SCHIFFER: As someone -- you know, I'll give Dave another chance to rewrite
this. I think maybe it's the way it's rewritten that -- that it turns out that it looks like a hypothetical war. So
if you want to rewrite this and take another shot at it and bring it back before us, I'll accept that.
COMMISSIONER MURRAY: And I thought the deletion, if it were to occur, would be the
environmental and the compatibility consideration. That's what I thought we were --
CHAIRMAN STRAIN: Well, first of all, let's ask David. David, would it be a waste of time to ask
you to rewrite this?
MR. WEEKS: The sense -- the sense that I get from the commission is that it would be.
CHAIRMAN STRAIN: That's why I asked.
MR. WEEKS: Yeah.
CHAIRMAN STRAIN: Okay. Now, the four people that intended to see this deleted, did you mean
the entire section E or just the references to environmental impacts and compatibility considerations?
COMMISSIONER KOLFLA T: Just the two references, environmental and compatibility.
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: (Indicating).
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: (Indicating).
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: (Indicating).
CHAIRMAN STRAIN: Okay. Just those two references.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Let's move on to 5.2. This is the one that we just started talking about the
consistency language. I know Miss Caron already commented on it. I started to.
David, this one when it references -- it says it's going to be reviewed for consistency whereas the
policy that you recommended that this policy replace previously said they will -- they should -- they must
be consistent with the Growth Management Plan. That's much more positive language. Is there a reason
why we would've diluted the language like we did in this paragraph?
MR. WEEKS: I guess I just don't see it that way. The proposed language says they'll be reviewed for
consistency and those found to be inconsistent shall not be approved.
MS. STUDENT: If that's --
CHAIRMAN STRAIN: Miss Student?
MS. STUDENT: To me that's sort of is a different way of saying the same thing.
CHAIRMAN STRAIN: Okay. Well, if your legal opinion is that then you'll have to defend it in --
MS. STUDENT: Well, when you say that those found to be inconsistent with the plan by the board
shall not be approved, I think that's like saying they must be consistent.
CHAIRMAN STRAIN: Interesting thing is that I've -- we very rarely ever see a project that's
inconsistent. But -- okay. Is there any comments? Mr. Kolflat?
COMMISSIONER KOLFLAT: When -- if they mean the same thing, why wouldn't we use the
shortest one, which is the first one? It's more direct and to the point.
CHAIRMAN STRAIN: David, do you have a response to that?
MR. WEEKS: Ijust prefer the wording in the second one. It just explains more the process. We're
going to review the application and if the conclusion is it's not consistent, then we will deny it.
COMMISSIONER KOLFLA T: But if you want to really flag it and let the person know you're serious
about it, the way to do it is shortest possible stop, you can't go on.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER CARON: The only comment I would make is that I believe that 5.2 is now
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broader because it's all applications and petitions, as opposed to just rezonings. And I believe that that's --
that's really where the strength of 5.2 is. And I think that we solve it all if we just do all applications and
petitions for proposed development shall be consistent with this Growth Management Plan, period, you
know. Or they won't be approved, if you want to say that, that's fine, you know.
MR. WEEKS: That's fine.
CHAIRMAN STRAIN: Okay. So the recommended language is all applications and petitions for
proposed development shall be consistent with the Growth Management Plan. Is that acceptable to
everybody on the panel? Okay.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir?
MR. WEEKS: Could I ask that you consider leaving in the language from 5.2 something to the effect
of as determined by the Board of County Commissioners? Let me give you a specific example.
Policy 5.4 provides that all new development must be compatible with surrounding -- compatible with
and complimentary to surrounding developments. That is a very subjective determination which I will tell
you is appropriate for public hearing bodies to make the decision on.
If you take it to its extreme, someone could charge staff with not implementing policy 5.4 of the future
land use element by approving a site development plan which that person believes is not compatible with
surrounding development. The purpose of the staff proposed change is to make sure that we're talking
about petitions that are reviewed in public hearing and acted upon by the Board of County Commissioners.
COMMISSIONER CARON: I don't have any problem adding --
CHAIRMAN STRAIN: I think that's --
COMMISSIONER CARON: -- as I said, and those found to be inconsistent with this plan with--
CHAIRMAN STRAIN: Well, David -- David could you repeat that part you wanted to leave on?
MR. WEEKS: Okay. First of all, you -- motion so far. All applications and petitions for proposed
development shall be consistent with the Growth Management Plan as determined by the Board of County
Commissioners.
CHAIRMAN STRAIN: Okay, okay. Everybody okay with that?
COMMISSIONER MURRAY: That's fme.
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Good. Let's move on then. Policy 5.4. Okay. Any questions there?
I think I have the same concern as I did with 5.2. You're striking out subject to meet the compatibility
criteria of the Land Development Code, and you're simply saying that it includes compatibility criteria. I
think subject to meeting compatibility criteria is much stronger.
COMMISSIONER CARON: Otherwise I see sort ofa slow erosion of the whole compatibility criteria
being sort of taken out one by one in future places.
MR. WEEKS: Did you-all have suggested language?
CHAIRMAN STRAIN: Well, I think you could leave in the language you've got struck on that first
page, on page nine. And then the new language you put in, I'm not sure what good that does on page nine.
Unless you want to put in a parenthetical after the original language.
New development shall be compatible with and complimentary to the surrounding land uses subject to
meeting the compatibility criteria of the Land Development Code. Then you could, after that, leave in the
references to the code that you have and drop the rest ofthe new language.
MR. WEEKS: Let me ask the attorney.
Marjorie, do you think that's acceptable language? Part of our consideration was wanting to make sure
that we took into account just what types of petitions have compatibility criteria, because it's stated very
broadly right now. And the rezoning and conditional use --
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MS. STUDENT: Those are the two that come to my mind.
MR. WEEKS: Right. And that's what we wanted to make sure that was covered.
MS. STUDENT: And, I'm sorry, Dave, what -- would you repeat what you wanted to ask me? I mean
those are the two, rezones and conditional uses.
MR. WEEKS: So do -- would you -- do you think that the existing language, the way policy 5.4 reads
now, but with the addition of the LDC references?
MS. STUDENT: I think that's fine. I actually -- I agree with the planning commission. I think that's a
bit stronger, subject to compatibility, other than saying -- instead of saying which includes. And I have no
problem with it the way it was worded, subject to meeting that with the reference to the land code.
CHAIRMAN STRAIN: Is that okay? Staffs--
MR. WEEKS: Certainly.
CHAIRMAN STRAIN: -- understanding that?
MR. COHEN: One question. Marjorie, do you think with the wording new developments that that
would include rezonings and conditional uses, as well, just for the record?
MS. STUDENT: Yeah. Because I think it means anything that isn't out of the ground -- you know,
out of the ground. It's something that's new.
CHAIRMAN STRAIN: Okay. Any problems with the commission?
Go on to page ten. Page ten. Does anybody have any questions on page ten?
COMMISSIONER CARON: 5.7.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER MURRAY: 5.7.
CHAIRMAN STRAIN: Miss Caron first, then Mr. Schiffer, Mr. Murray.
COMMISSIONER CARON: I think -- 5.7, my note simply says insane. I don't know what you-all
want to do to our population here, but this is --
MR. WEEKS: Some explanation perhaps.
COMMISSIONER CARON: Yeah, there would be a good starting place.
MR. WEEKS: And I may need Cormac's help on this.
COMMISSIONER CARON: Or just striking it might be a --
MR. WEEKS: That may be the result at the end.
At the affordable housing workshop and also the gap housing workshop held last year, the Board of
County Commissioners gave general direction to staff, probably a half a dozen items. One of those was to
allow affordable workforce housing by right. One of the ways -- and we'll get to that more a little bit later in
the FLUE under the density rating system.
But one of the ways to do that would be to allow guest houses to be rented out. But it is based upon an
assumption that a rental unit of a guest house, which has limitations on the size of the unit, can be no larger
than 40 percent the size of the principal structure. So with the exception of very large houses, the guest
house is going to be, in my opinion, equivalent to a moderately sized apartment.
There's a presumption that due to the size of the unit, that it would be rented at an, quote, unquote,
affordable rate. There is no proposed rent control of any type, be it here or when we get to Golden Gate
master plan where you'll see similar text. No rent control of any type. So, again, it's an assumption that just
by the nature of the type ofthe unit and the size of the unit that it's going to be affordable.
And so just generally speaking this is one, albeit rather drastic, change to the current regulatory
framework. One means of potentially providing for additional affordable housing units in Collier County.
CHAIRMAN STRAIN: Just for the record -- I know Mr. Schiffer's next, but I want to tell you I was
chairman of the first group you spoke of. I attended the workshop. I participated in the second workshop.
The issue of renting guest houses came up one time with the first group, and it was soundly recommended
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that would be a silIy thing to do. We didn't bring it forward. So I don't know how it got into this text. And
it is throughout this text. So being at both meetings, being chairman of one ofthe groups, I don't know
where you got this from.
So with that said, Mr. Schiffer?
COMMISSIONER SCHIFFER: And I'm going back to the EAR. I'm not sure you stretched the EAR
to get it in there either. What this says you're going to do is you're going to -- obviously the section prior to
that recognized identifiable communities in the western urban area, and you were going to encourage this
recognition. So I guess what you've done is recognize communities in people's backyards or something.
MR. WEEKS: This is not a replacement for that existing policy 5.7. That was merged into policy 4.8
that we discussed earlier about recognition of neighborhoods. This is -- so this is brand-new policy
language, and it -- not intended in any way to be a replacement of what was there. It's not a substitution for
what's there. It's simply brand-new language, brand-new policy, totally different intent.
COMMISSIONER SCHIFFER: Following that up. Guest houses now can be leased, they just have a
limitation on the time. So--
MR. WEEKS: That is not true in Collier County, sir.
COMMISSIONER SCHIFFER: You can't lease them at all?
MR. WEEKS: No. The City of Naples has different rules.
COMMISSIONER SCHIFFER: Okay. I'm done.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Well, I'm going to reiterate I guess what everybody else is concerned
about. I know that if we were to go to certain locations in east Naples and some other locations throughout
the county and looked at those small places, we'd fmd three and four families squeezed in there. And that's
of course construed as affordable, okay? Only because the rents are incredibly high.
I'm not sure by allowing a guest house we achieve the purpose that we intend. So I certainly don't find
this language satisfactory to me in here. I'm not happy with it.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I don't think it serves any purpose to anyone.
COMMISSIONER SCHIFFER: I mean actually I support it. So even though as a wise crack there -- I
really think it's -- could be a good idea. Because first of all the intent is that the person has to -- one of the
people that own the property have to live on the site, whether they live in the guest house or live in the main
house. So essentially they're the ones taking care of the property. That may be a good way.
I mean the neighborhood I live in, there's a lot of guest houses. They're big houses, there's big guest
houses, but I'm still not against this.
CHAIRMAN STRAIN: You're not reading it right, Brad.
MR. WEEKS: I was just going to say actually the way we structured the language is not to require the
principal dwelling to be inhabited by the owner so both could be leased or rented out. This is a significant
departure.
COMMISSIONER SCHIFFER: It's not uncommon in my neighborhood with the -- the owner actually
lives in the guest house and rents the big house. So that's now even available. So what you're saying is that
you're going to be building two units on a property.
CHAIRMAN STRAIN: But only counting one.
MR. WEEKS: That's what would be allowed, yes, sir. Presently, again -- let me go over it again.
Presently a guest house is not allowed to be rented out in unincorporated Collier County. And furthermore,
the existing language in the LDC provides that -- tries to close the opposite door, saying you can't have the
property owner living in the guest house and renting out the principal dwelling. So it's making sure that
neither is rented out. This takes a 180-degree approach saying you can rent out both if you so choose.
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CHAIRMAN STRAIN: Mr. Schmitt.
MR. SCHMITT: For the record, Joe Schmitt, community development and environmental services
division administrator.
Just so the planning commission understands, staff did take -- I guess push the envelope on this based
on guidance that the Board of County Commissioners gave staff in regards to the afford -- dealing with the
affordable housing issue. And this was -- well, quite frankly it's my understanding that some of this was
even going to be proposed at the state level. I have not seen any legislation, but one of our local
representatives was exploring this similar idea. I have not seen it in that legislation. So it was written in
and certainly we will take your guidance.
I -- I know it's -- it is stretching what I would call the envelope in regards to the EAR based
amendments. I do not argue that, Mr. Schiffer. But it's -- it's -- was staffs attempt to try and at least bring
something back to the board in dealing with certainly an issue that is facing all over the county. Is this the
right approach? I don't know. It mayor may not be. But this was an attempt to try and provide what could
be affordable rentals for -- for singles or somebody else who were coming to Collier County or coming into
Collier County looking for someplace to live at what could be, as David said, an affordable. We had no
intent of defining any type of rent control or any other type of activity.
COMMISSIONER CARON: If you do this, though--
MR. SCHMITT: Yes.
COMMISSIONER CARON: -- you are success -- almost going to double our population in a great
many areas.
MR. SCHMITT: Absolutely.
COMMISSIONER CARON: All of Golden Gate Estates?
MR. SCHMITT: Absolutely. Well, statistically we went back and looked. I -- I ran some numbers.
Now you just -- I believe of all the homes that were built over the last five years, we looked in the estates
and it was some -- some number of only like 12 percent of the homes that have been built in the estates in
the last five years included a guest house.
COMMISSIONER CARON: But they haven't been able to rent it before.
MR. SCHMITT: I understand. That was only a stab at looking at -- it does -- you're right, this does
open the door. And it opens the door -- Don will tell you it opens the door for concurrency issues, it opens
the door for all the other type of things. But -- but as -- as each proposal to deal with the affordable housing
issue is presented, you've got second and third order effects ofthe impacts. We agree with that. I don't
argue that.
I would say you as a -- you as a panel, as the local planning authority, we -- we will -- we will take
your position. And -- and if you want to eliminate this, eliminate it.
COMMISSIONER CARON: I would like to make a suggestion as the local planning authority that we
delete --
MR. SCHMITT: Okay.
COMMISSIONER CARON: -- this policy.
MR. SCHMITT: Please understand, that's how this got here. So I mean we can explore all the reasons
why, but it was strictly in looking at some ideas that had been passed to us by other folks within the __
within the community in dealing with this.
And Mr. Strain is exactly correct. When you get to the next element, the Golden Gate area master
plan, he is exactly correct. There was clear guidance from the master plan committee that they would not
allow for rentals.
CHAIRMAN STRAIN: And the workshop committee did not recommend it. I was chairman of that
group.
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MR. SCHMITT: You're correct, they did not.
CHAIRMAN STRAIN: Right. Thank you.
MR. SCHMITT: And -- and it --
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: One thing, Joe, it would do is close the door on code enforcement.
But anyway --
MR. SCHMITT: Well -- please, this is not -- this is not an amendment to legitimize -- to say now code
enforcement doesn't have to do this. You-all know the city went through this, what, six, seven years ago
and finally threw up their hands and said I guess we give up and allowed guest houses.
Yes, we do -- I have a considerable problem in regards to enforcing this, but -- but I have to enforce it.
As David said, there are no rentals authorized in -- and as such, we -- we attempt to enforce this as best we
can. If it's approved, then I get into the rental registration business and all the other things associated with
the rental registration and rental property inspections and all the other type ofthings that are associated with
that. So either way, it doesn't reduce my workload.
COMMISSIONER SCHIFFER: Would it -- for the people that really are against it, would it be more
palatable if we made a requirement that the person who owned the property lived in one of the two houses?
CHAIRMAN STRAIN: Brad, this will double the density. It has nothing to do with -- ifthere's more
bodies living on a piece of property, you've got more concurrency issues to deal with, you've got -- right
across the board.
COMMISSIONER SCHIFFER: But I think eyes wide open, people are living in these guest houses
now. I mean so you're not doing anything other than --
CHAIRMAN STRAIN: No.
COMMISSIONER SCHIFFER: -- helping create a housing -- I think if the person lives on the
property, that's a really good looking house, he's not going to let it go out. I think he's going to monitor it.
I mean obviously I -- my neighborhood may not be the one that would abuse it the most, but I mean to
me it's really an acceptable way. It's the classic apartment above the garage, which is an excellent way to
bring affordable housing, where the people monitor their own backyard.
CHAIRMAN STRAIN: As long as you leave it like it is, it's not encouraged. You allow rentals, it
will be encouraged. Everybody will do it. You might as well shut the road system down and declare a
moratorium because we're not going to have concurrency anymore because we're going to double the
density on the road system and the water and the sewer and the police and the fire and every element out
there.
COMMISSIONER SCHIFFER: Your concern is this will cause the construction of a ton of guest
houses?
CHAIRMAN STRAIN: I know it will.
COMMISSIONER SCHIFFER: Because the guest houses that exist today are not empty.
CHAIRMAN STRAIN: But at least they're not existing freely like they would be if this were to occur.
MR. SCHMITT: One of the guidance that was discussed -- of course in the implementation guidance
in the LDC you would try and establish a line saying you -- you cannot go back and create it or some other
-- I don't know how they would do that. That was discussed with one -- one commissioner I had a
discussion with over this issue, would we establish a point in time that it would be allowed. That is
something that would have to be vetted through --legally and otherwise. I don't even want to go down that
road.
But -- but -- but the -- Mr. Schiffer, you're correct. I could -- right now I can build a house in the
Estates, 40 percent of the square footage can be applied of the principal structure, I can build a guest house
and I can -- you know, it could be a mother-in-law suite or the in-laws. That -- there's no prohibition
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against that. But if it becomes a rental on the market and you're looking for a flat or a place to live, then
that's legal.
COMMISSIONER SCHIFFER: I mean where would Fonzi live in this town?
CHAIRMAN STRAIN: Mr. Murray, you had some comments?
COMMISSIONER MURRAY: Yeah. I -- aside from the obvious disastrous effects that have been
related here, economics also becomes an important part of this. Because now real estate salespeople will
advocate the purchase and acceleration of building in order to induce people to rent their property, which in
turn will drive the prices of homes up, not down, and create a new median that is -- so we -- it's actually a
punishment. So that's my --
MR. SCHMITT: Well, I -- I understand there's --
COMMISSIONER MURRAY: -- genteel way --
MR. SCHMITT: For every argument for there's probably three arguments against it. Ifwe could just
get your, I think, overall opinion and--
CHAIRMAN STRAIN: Wait a minute. One at a time. You can't talk over one another. Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I think Joe's agreeing with us. And I think pretty much most of us
are agreeing, so why don't we just move on.
CHAIRMAN STRAIN: I'm trying to.
MR. SCHMITT: I'm not agreeing, I'm just -- I just -- we just threw that in there as -- and exactly what
it is -- food for thought and -- David?
MR. WEEKS: I just want to get one comment to put it in a little bit of context. It's obvious the
direction you're going, and I don't want to belabor your -- your action on this.
One more fact about guest houses that's mentioned in the staff report. For a property to qualify, it has
to be a minimum of one acre in size and have a minimum lot width of a hundred five feet. Now in the urban
area that's going to eliminate most properties, but in the Golden Gate Estates, when we get there and of
course in the rural fringe and RLSA, tremendous opportunity -- potential at least for these to be used.
CHAIRMAN STRAIN: Thank you, David. Consensus of the board, all those that would like to see
this deleted? Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody like to see this stay?
COMMISSIONER SCHIFFER: Me. Because this is real smart growth.
CHAIRMAN STRAIN: This is real silly -- bad planning, Brad.
COMMISSIONER SCHIFFER: Well, the growth is coming. This is just a smart place to put it.
CHAIRMAN STRAIN: Growth is only coming if they let it.
COMMISSIONER MURRAY: I think if it were smart growth we would allow for several stories.
CHAIRMAN STRAIN: Yeah. The boutiques on the first floor.
COMMISSIONER MURRA Y: Yeah.
CHAIRMAN STRAIN: Let's go on with page ten. Are there any other issues on page ten? 5.8 is one I
had a question with. You're taking group housing, providing it as a -- allowed in the urban area and may be
allowed in other future land use designations. What does that mean?
MR. WEEKS: That's just opening --
COMMISSIONER MURRAY: The door.
MR. WEEKS: Opening the door wider. They're in fact already allowed within the agricultural rural
designation and the conservation designation and the estates designation. So it's just recognizing what's
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already allowed. I mean the existing language says only in the urban area. And that's inconsistent with
what our Land Development Code allows, as well as the future land use designation descriptions section of
this element.
CHAIRMAN STRAIN: So they're already allowed in all the areas.
MR. WEEKS: Right.
CHAIRMAN STRAIN: You just didn't say it as clearly as you're saying it here.
MR. WEEKS: (Nodding head.)
CHAIRMAN STRAIN: Okay. Any questions on page 11?
COMMISSIONER MURRAY: Well, maybe the word may needs to come out of there because if they
are already allowed in all the designations, it's not a question of permission, is it?
MR. WEEKS: Well, I'd prefer not to mandate it, though. I don't want to say shall be allowed.
COMMISSIONER MURRAY: Well, just say allowed.
MR. WEEKS: Allowed.
COMMISSIONER MURRAY: In all other -- in other future land -- no?
CHAIRMAN STRAIN: Miss Student?
MS. STUDENT: Thank you. Certain of these facilities can be in the district by right by either state or
federal law. In others it's okay to have there be a conditional use.
COMMISSIONER MURRAY: Okay.
MS. STUDENT: So I think I prefer may because of that situation.
COMMISSIONER MURRAY: All right. Thank you.
CHAIRMAN STRAIN: Wait for the court reporter. We're going to try to break around 2:30 since you
got here at 1 :00. If that's okay.
COURT REPORTER: That's fme.
CHAIRMAN STRAIN: Page 11.
COMMISSIONER KOLFLA T: I have a question.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER KOLFLAT: What is the difference between exemption and exception?
CHAIRMAN STRAIN: Mr. Kolflat--
COMMISSIONER KOLFLAT: Exemption or exception, what are the differences?
CHAIRMAN STRAIN: I couldn't hear you. David, did you hear that?
Could you reference the policy you're talking about?
COMMISSIONER KOLFLAT: This is policy 5.10.
CHAIRMAN STRAIN: Okay.
COMMISSIONER KOLFLA T: About -- in the middle there, on the left-hand side, it says exemption
or exception. What is the distinction between those two words?
MR. WEEKS: Those were two different application procedures provided for in the zoning
reevaluation ordinance that the county adopted in 1990. Exemptions included -- exemptions were not
subjective. They had -- I'm not sure of the right term, but a black and white criteria. If you abutted a
property with the same lot dimensions, side yard is yours, or if you had an approved site development plan
or building permit, very black and white yes or no type of consideration.
Compatibility exceptions were very subjective. We had -- county had to do an analysis to determine is
the existing zoning compatible with the surrounding properties. So it's a -- simply put, it was two different
application procedures under that ordinance. That ordinance is no longer applicable. We completed that
program in the mid '90's. So it's a historical reference.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Page 12. Any -- oh, I'm sorry. Miss Caron?
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COMMISSIONER CARON: I just had one question on 5.12, 5.12. What is industrial under criteria?
MR. WEEKS: That was a former provision that allowed a property, if! remember correctly, if you
were a -- I forget the specifics now because it's a former provision. If -- but if -- there was certain tech.
space criteria, and if you qualified then you could rezone a piece of property to industrial. But it's since -- it
was eliminated I think in the 1997 year based amendments. But because certain properties were rezoned
under that provision, this policy is recognizing that those are nonetheless viewed as consistent with the
future land use element. So it's one of those exceptions.
COMMISSIONER CARON: It's called the industrial under criteria?
MR. WEEKS: That was the term, yes.
COMMISSIONER CARON: All right. I just had never heard that before and hadn't run across it
anywhere.
MR. WEEKS: We also used to have a commercial under criteria provision, as well.
CHAIRMAN STRAIN: Page 12.
COMMISSIONER KOLFLA T: I just had another question.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER KOLFLA T: What do you mean here on policy 6.3 where you say link specific
concurrency? I'm not familiar with that.
MR. WEEKS: I'll give it a try. That would be as opposed to looking at the -- I guess the road network
as a whole.
COMMISSIONER KOLFLA T: I see.
MR. WEEKS: So you would just be looking at one segment of a roadway.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: David, on 5.14 it talks about density bonuses on properties that were rezoned
in certain areas in the last sentence, the coastal high hazard area. You're -- it seems like we're -- you're
deeming things consistent that have already occurred under former policy 5.1. If you didn't do this, what
would be the effect?
MR. WEEKS: We would -- if nothing else, we would at least have to scratch our heads when
someone comes in with a piece of property wanting to rezone it. The question would be, well, is this
property consistently zoned at present? Now, this is linked to the changes to the density rating system. So
if those don't occur, then this policy will be eliminated.
So this is recognizing that those properties that are rezoned under present density rating system
provisions that are proposed to be eliminated would be recognized as being consistent. Ifwe don't have the
policy and we do eliminate those density rating system provisions, we would have to interpret that they're
consistent.
CHAIRMAN STRAIN: Okay. I understand. Thank you.
Page 13. Do you have any questions on page 13? Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. On policy 7.5 you say that residential dwelling units over
and/or abutting commercial development. I'm not familiar with any illustration, but what about the reverse
where the commercial would be over the residential, is that excluded for any reason from this defmition?
MR. WEEKS: Simply type of development we -- we simply never heard of.
COMMISSIONER KOLFLA T: I haven't seen it either, but this would foreclose it if it ever came up.
MR. WEEKS: I would agree with you, but it's just not a development pattern that we've ever heard of
or seen.
COMMISSIONER KOLFLAT: You see no advantage to add that to it--
MR. WEEKS: No, sir.
COMMISSIONER KOLFLA T: -- that variation?
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COMMISSIONER SCHIFFER: I mean -- I can give an example. Let's say you have a mixed use.
You could have a restaurant on the roof or something with people living below it. Four story, restaurant's
on the' fourth. You'd get a nice view down the waterway. Or maybe you don't want that.
MR. WEEKS: I would have no objection to including that. Again, it was simply not contemplated,
that's the reason it's not there.
CHAIRMAN STRAIN: So it would read residential dwelling units over and under abutting
commercial development.
COMMISSIONER SCHIFFER: Why don't -- the old wording actually is kind of good. Adjacent to or
connected or within or something.
CHAIRMAN STRAIN: There is a speaker on this, Mr. Cohen.
MR. COHEN: Two speakers, Mr. Chairman.
CHAIRMAN STRAIN: On this 5.7.5?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: One word change. Okay. Go ahead.
MR. MULHERE: Thank you. Again, for the record, Bob Mulhere.
I'm familiar with a number of jurisdictions throughout the state that encourage mixed use -- and this is
not my comment, it's just a further commentary, I suppose, of over under, under over -- that actually do
prohibit or limit residential to being required to be above the commercial or above the office. They either
limit it to the third floor or the second floor. So there -- I mean I think your example's a good one of an
exception, but for the most part that is limited. Residential generally over -- or commercial generally over
residential doesn't work very well. So -- you have a lot of complaints and things like that.
My comments are -- and actually making these comments on behalf ofMr. Anderson who had to step
out for a moment. The language reads the county shall encourage mixed use development within the same
buildings by allowing residential, yadda, yadda. The last sentence says this policy shall be implemented
through provisions in specific subdistricts.
Two points. One, the question is when we say subdistricts I assume and just would like to have it
clarified that we're talking about subdistricts set forth in the plan, with a capital P, as opposed to necessarily
the LDC.
MR. WEEKS: That's correct.
MR. MULHERE: And then the second point is might it also -- might it read -- potentially read better
if it included the following language. This policy shall be implemented through provisions in PUDs,
comma, in specific subdistricts, comma, and in the various commercial zoning districts, period.
MR. WEEKS: I think the existing language is suffice -- is sufficient. The -- the way that mixed use
development is allowed in the future land use element is in various subdistricts, including the provision that
would allow it to be within a PUD.
MR. MULHERE: Okay.
MR. WEEKS: As well as existing commercial zoning that is allowed to have mixed use, which is also
provided for in the Land Development Code. The real purpose for that last sentence saying that it will be
implemented through subdistricts, we did not want to leave this wide open and have someone come in and
say, well, I want to rezone X piece of property to allow a mixed use development and point to this policy
and say, well, you're encouraging mixed use, I want it approved. And we're looking over here on the land
use designation descriptions section at the various districts and subdistricts, and they don't qualify for mixed
use but yet they're saying what your policy says, you're encouraging it, I want it, you need to approve my
rezomng.
MR. MULHERE: I think I'm satisfied -- and I would assume that Mr. Anderson would be as well -- as
long as there was no situation where the plan allowed mixed use in some way, you know outside of
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subdistrict. And I think you're saying that's not the case, so I think that satisfactory.
MR. WEEKS: That's correct.
CHAIRMAN STRAIN: Any other comments? Mr. Schiffer?
COMMISSIONER SCHIFFER: I mean, Mark, the word building is what I'm -- in building code land
you could have a structure that has broken up multiple buildings by fire walls. That would never be a
misinterpretation here, would it?
MR. WEEKS: I don't see it being interpreted that strictly, no, sir.
CHAIRMAN STRAIN: Okay. Any other comments? I don't think there's any language changes
needed to this particular one, unless the board feels otherwise.
COMMISSIONER MURRAY: Well, what was he -- was Mr. Mulhere suggesting that the
introduction in the plan with a capital P be put in there to make it happen? Is it -- is it understood?
MR. WEEKS: Well, perhaps we should add the phrase at the end of that last sentence in specific
subdistricts within the future land use element. Because one of his questions was is it future land use
element, or are we talking about land development.
COMMISSIONER MURRA Y: Right. Yeah. I think that makes it a clarity.
CHAIRMAN STRAIN: Okay. So that's a language change. Anybody object?
Okay. Let's move on to page 14. Any issues with page 14?
Page 15, any issues with page 15?
MR. WEEKS: Mr. Chairman, in may, I'd just like to point out something that's mentioned in the staff
report. And I think this is the first time we've seen this. Where you see the term affordable housing in bold
and italics, as we noted in the staff report there's a Land Development Code amendment that the county
commissioners, I believe, are about to finally act on adopting different definitions of affordable workforce
housing and gap housing.
And we're just not quite sure of the correct terminology, so this was -- all the text within the future land
use element and the Immokalee and Golden Gate Master Plans, where you see the phrase affordable
housing or workforce housing, it is simply bolded and italicized to draw it to your attention.
Staffs intention is to go back and modify the -- the terms to -- as appropriate based upon the Land
Development Code amendment that the board is about to adopt. We wanted to bring it to your attention.
We didn't want it to be a situation where we're making changes to the text that you weren't aware of.
CHAIRMAN STRAIN: My comment on that is I know that gap housing has been, I think,
preliminarily -- it's going to be subject -- March 28th I think a decision is going to be made by the BCC.
MR. WEEKS: I think you're right.
CHAIRMAN STRAIN: But discussions that left this group, gap housing had a separate defmition.
And I notice -- and as we're going to get into this FLUE, some areas you specifically define affordable
housing and/or workforce housing, you use that term. But then you went into the percentages of median
income against those amounts in those other languages.
So what I'm -- what that could lead to is if we have the definition of gap as it appears may be headed,
you're going to have to change the -- not only the way this reads, it would be affordable housing, comma,
whatever gap, but you're also going to have to possibly look at the percentages. And we'll probably point
those out as we get to them, but I just want to be sure that's where you're thinking of going.
MR. SCHMITT: The definition has been resolved. That ordinance has been signed. The only issue
remaining with the board in that amendment are the bonuses.
CHAIRMAN STRAIN: The matrix.
MR. SCHMITT: The matrix. But the definition is resolved.
CHAIRMAN STRAIN: Okay. So the definition did end up as being separately defined as gap?
MR. SCHMITT: Yes, it is gap housing. And gap now was approved by the board to be anything 80 --
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March 8, 2006
81 percent to 150 of the median income is termed gap.
CHAIRMAN STRAIN: Great.
MR. SCHMITT: Anything below is -- it's all affordable per se, but there are different criteria
associated with those affordability, being that gap is defined specifically as affordable housing at 81
percent, 150 of the median income.
MR. WEEKS: Mr. Chairman, if you'll find it acceptable, given the pace that we're going, fully expect
to be back in front of you on March 16th. That would give staff adequate time to go through and makes all
of those text changes regarding those terms, affordable and workforce housing, so that you could see
exactly how we applied it.
CHAIRMAN STRAIN: I think that would be a really good idea. Thank you.
Any other questions on page 15?
COMMISSIONER MURRAY: In may?
CHAIRMAN STRAIN: Sure.
COMMISSIONER MURRAY: Just on number 15, near the top -- well, first third of the page. Hotels,
motels. Just -- maybe you can help me quicken my memory. On the mixed use we precluded that, small
hotels, motels? Do you have a recollection?
MR. WEEKS: Yes. Because mixed use is limited to C1, 2, and 3 zoning--
COMMISSIONER MURRAY: C3.
MR. WEEKS: -- district.
COMMISSIONER MURRAY: C4 would be the --
MR. WEEKS: Hotels are -- begin at C4.
CHAIRMAN STRAIN: Okay. We need to talk about maybe making an exception. All right. Thank
you.
Now we'll move on to page 16. Questions from the panel on page 16? I have some questions. I'm
trying to format them here so that -- now that we've got some new information about affordable housing, I
want to make sure they're still relevant.
David, we have a base density referenced at four units per acre. And on top ofthat, to encourage
development of affordable or gap, we add bonuses in a lot of cases. Have we ever considered including in
the four units gap and affordable in the base density as part of the base density?
MR. WEEKS: As -- as a requirement?
CHAIRMAN STRAIN: As a requirement.
MR. WEEKS: I would say the only time I can think of that that -- I don't even know if it was
contemplated in the context of the future land use element or only in zoning regulations, but a few years ago
Commissioner Fiala brought up the idea of inclusionary zoning. And I would see that -- that would be
comparable to that. That was I think in the context ofthe zoning. Now we're talking about the future land
use element.
But I see those as almost the same because you're talking about a zoning action to implement it and
making it mandatory. So that -- that's the only time I'm familiar that that idea was broached, and it was
soundly shot down. I dare say that with the prices right now with affordable housing, we may see that
subject broached again.
CHAIRMAN STRAIN: This -- these -- the paragraph two kind of brought it to my mind when I was
reading that the -- the four units per acre maximum. Up on the top ofthe page, under C, it talks about
property eligible for affordable housing density bonus. And in the language -- it's not new language, it's
existing. It talks about units required to be sold to buyers earning 80 percent or less of the county's median
mcome.
Now, that's -- is that reference there because Shimburg or the SHIP funds only apply to 80 percent or
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March 8, 2006
less?
MR. WEEKS: I think that's the genesis of that.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: What this provision is applicable to is a specific property in the urban residential fringe
subdistrict that was added via a privately initiated plan amendment.
CHAIRMAN STRAIN: Okay. That explains it then.
In the rural fringe, when we get to that, and it goes back to this affordable housing as part of the base
density, we have a requirement in the rural fringe that affordable housing is part of their base density. Or
it's being proposed in that language, if I'm not mistaken. Point two or .1.
MR. WEEKS: It's being proposed in the future land use element to be consistent with what the Land
Development Code says.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: Future land use element provides for it as a bonus, the LDC says you must do.
CHAIRMAN STRAIN: So that's kind of where you could go with the basic four. I mean you've
already set the precedent by doing it in rural fringe.
MR. WEEKS: Conceivably. The difference, of course, is in the rural fringe that's only applicable to a
rural village, and we will have no more than a maximum of four rural villages.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: Whereas here it would be broad applicability.
MR. GIBLIN: Mr. Chairman, Cormac Giblin for the record.
To tie this conversation together about the inclusion rezoning concept, we did bring that to the board
about two and a half years ago at a workshop, and it was decided not to go forward with it then. We brought
it back to the board at the beginning oflast summer at another affordable housing workshop and we did
receive direction to move forward on it. And we are preparing an inclusionary rezoning concept, LDC
amendments for the next cycle right now. So that's when all this would be coming back.
CHAIRMAN STRAIN: Good. Thank you for informing us. I'm sure that will come in handy in the
discussions that go on with the FLUE. Thank you.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: We had the workshop with the commission. I really remember in the
coastal high hazard that the density was dropped back to three and four if you had an affordable housing. Is
that right? So when you say four here, it's not clear at least --
MR. WEEKS: Any applicable density bonus could get a property from three back up to four. The
conversion of commercial zoning bonus remains, so that would be one means of getting from three back up
to four.
COMMISSIONER SCHIFFER: I don't remember that. I think we were pretty clear on that.
COMMISSIONER CARON: I think we were pretty clear, too.
COMMISSIONER SCHIFFER: I mean to me the clearness was that it was -- the density was three in
the coastal high. The availability to only hit four is with an affordable unit. I also thought we got rid of the
16 unit per acre commercial conversion entirely.
COMMISSIONER MURRAY: Yes.
MR. WEEKS: That was discussed quite a bit. And actually that question's been raised and staff has
looked back at the minutes from the various hearings, and it's about as clear as mud, unfortunately.
COMMISSIONER SCHIFFER: Has staff looked back at the tapes, not the minutes?
MR. WEEKS: Actually, I think we did. Had a staff member -- I think we did listened to the tape.
COMMISSIONER SCHIFFER: And is the clear as mud part the 16 units or the four -- or the three,
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one.
MR. WEEKS: I'm sorry. It was whether or not the conversion of commercial zoning density bonus
was to be eliminated or kept. My recollection, after much discussion, including some discussion about
deleting it, was that the board's final direction was to leave it in.
COMMISSIONER MURRAY: Wow.
MR. WEEKS: The board had discussed reducing the density bonus from 16 to 12. They discussed
eliminating it all together. But my -- my recollection is that they did leave that intact.
Staff had explained -- during the discussion we explained to them what the purpose was. It was an
incentive to get rid of some of that isolated or stripped commercial. Also explained it as -- to my
knowledge it's only been used I think twice since the plan was adopted, but -- but -- ultimately my
recollection is they said leave it in.
COMMISSIONER SCHIFFER: Let's go back to the three one. What's your recollection of that?
MR. WEEKS: I'm sorry, three one?
COMMISSIONER SCHIFFER: In other words, the base density in the coastal high hazard is three.
The availability to get a four is only through an affordable unit.
MR. WEEKS: I don't recall that.
COMMISSIONER SCHIFFER: Yeah. Because we said that a lot. I can remember doing --
CHAIRMAN STRAIN: But wait a minute. The base density is three. What is it you're --
COMMISSIONER SCHIFFER: They're saying four here. I mean --
MR. WEEKS: The base density is still four, but you're subject to a one unit reduction from being in
the coastal high hazard area. So that gets you to three. Sometimes we refer to that as an adjust base
density. And then you can only get back up to a maximum of four through any applicable density bonus,
which would be affordable housing.
COMMISSIONER SCHIFFER: So when you see the four here, you -- in your mind you see one
affordable housing unit in there?
CHAIRMAN STRAIN: Talking about paragraph two, in the middle, where it says maximum four
units per acre. It's really only three, and you get four if you put a density of affordable housing in as one of
the units.
MR. WEEKS: Make sure I'm in the right place. We're under--
CHAIRMAN STRAIN: Page 16.
MR. WEEKS: Urban coastal fringe.
CHAIRMAN STRAIN: Right.
COMMISSIONER SCHIFFER: And it's going to come up a lot.
MR. WEEKS: Right.
COMMISSIONER MURRAY: But it says not to exceed a maximum.
MR. WEEKS: Right. Not to exceed a maximum of four units per acre.
CHAIRMAN STRAIN: Right.
MR. WEEKS: That -- that is the absolute cap that the board has directed in the EAR.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER MURRAY: Based on the arithmetic. In may make a comment, I remember you
standing there and addressing us. And I know we differ in our recollections, but you -- you were actually --
the word incredulous was probably appropriate and said something to the effect you want to eliminate the
density band? And we all nodded. And I thought it was really clear that we had said they go away, all of
those. The only thing basically would be left would be the affordable housing bonuses. So I myself am a
little taken aback. I -- I thought it was pretty clear we were going to get rid of that.
MR. WEEKS: Well, please know I'm referring to my recollection of what the board's action was. As
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you know, your actions and recommendations and the board's actions are not always the same. My
recollection is the board, after a -- after a fair amount of discussion on this point, as well, was to leave the
conversion of commercial intact.
COMMISSIONER MURRAY: At that same workshop?
MR. WEEKS: No. I'm talking about the final hearings, actual hearing.
COMMISSIONER MURRAY: Oh, okay.
MR. WEEKS: Because in addition to the workshops, these matters were discussed at the hearings,
both yours as well as the board's.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: I have got a solution to this, and it'll probably work out well. We'll take a 15
minute break and be back at 2:48. Thank you.
(A brief recess was taken.)
CHAIRMAN STRAIN: Okay. We left off on page 16. I don't -- I think we completed that page, but
I'll ask again just to be sure. Anybody on the commission have any questions left on page 16? If not, let's
move to page 17.
Not many changes on page 17. There's no questions there. Move on to page 18. Page 19. Question on
page 19 would simply be on the top of the page, I notice that you -- in item 0, no building shall exceed --
and you underlined three, and then the word stories, and then you underlined in height. So I think the
numeric three and in height is -- is new. Is there -- this is probably a prior adopted small scale plan
amendment or private plan amendment that was done, David?
MR. WEEKS: That's correct.
CHAIRMAN STRAIN: Is it too late because of the circumstances that occurred when this was
adopted to put a height in connection with the three stories like others have that says not to exceed a
maximum of35 feet or something like that?
MR. WEEKS: The PUD for the site has already been approved.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: This was the Orange Blossom mixed use subdistrict.
CHAIRMAN STRAIN: Yeah. Gotcha. Thank you.
Any questions on page 20? This is one of the pages where your workforce housing is highlighted, but
I'm assuming it will be one you address when you come back in with some corrections as a result ofthe
LDC changes.
MR. WEEKS: That's correct, sir.
CHAIRMAN STRAIN: Page 21. I would at least mention the same comments to you on that page.
COMMISSIONER MURRAY: Yeah.
COMMISSIONER KOLFLA T: Question.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: Up under item H it -- on the page it mentions include grocery stores.
Question. Does grocery stores include places like Costco or Sam's?
MR. WEEKS: No, sir. Those would definitely be considered regional commercial uses.
COMMISSIONER KOLFLA T: Even though a large part of the produce stock's groceries?
MR. WEEKS: That -- that's correct. It's not classified as a grocery store.
CHAIRMAN STRAIN: Okay. Page 22. On this page, David, you've got a lot of references to
workforce and affordable, but under number L you actually put a median income for the household of a
hundred percent. I'm assuming you may want to consider re -- since it's new language you would want to
revise it to whatever the new parameters are?
MR. WEEKS: We'll check on that, Mr. Chairman. Seeing that it's -- specifically it's added language
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and seeing it as a hundred percent makes me think there may have been some reason for that. This is
another --
CHAIRMAN STRAIN: And I would not disagree with you, but that's why I'm pointing it out.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: So you'd take an extra look.
MR. WEEKS: We'll follow up. Thank you.
CHAIRMAN STRAIN: Okay.
MR. MULHERE: Could I --
CHAIRMAN STRAIN: Mr. Mulhere?
MR. MULHERE: Very briefly. I'm -- I'm pretty sure that that's because the original proposal to
redefine the defmition of gap force housing went from 81 to a hundred percent and that subsequently has
been revised to 150 percent.
CHAIRMAN STRAIN: That was Bob Mulhere, for the record.
MR. MULHERE: Thank you. Sorry. Bob Mulhere.
CHAIRMAN STRAIN: Thank you.
Page 22. Down at the bottom we're talking about 16 units per acre, is that an existing situation that
can't be changed or is that 16 new language? I think it's just carry over language, relocated.
MR. WEEKS: That's correct. We have this subdistrict in two different -- under two different districts,
and we are simply flip flopping it, taking the language from one and relocating it together. So it's new only
in the sense that we've moved it from another section of the element.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER CARON: Except that since this is also an appropriate situation, wouldn't you put
in the actual density?
MR. WEEKS: This is not -- this is not for a specific --
COMMISSIONER CARON: I mean units per acre. I'm sorry.
MR. WEEKS: This is not for specific property. This is a text based provision with broad applicability.
COMMISSIONER CARON: Oh, I'm sorry. I was looking at 12 and -- and not at 13.
CHAIRMAN STRAIN: Let's move on to page 23.
COMMISSIONER SCHIFFER: Question.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: The 50 thou, that came from a prior public hearing or -- the square
footage, the second paragraph.
CHAIRMAN STRAIN: Page 23.
COMMISSIONER MURRAY: This is the mixed use.
MR. WEEKS: That's correct. This was a privately initiated amendment, and it's all added because it's
being relocated.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: By the way when we speak I know that sometimes the court reporter's
looking at us because a few people are mumbling. Gotta be careful if you're the speaker, you're the speaker
she's recording and not being picking up miscellaneous talk.
MR. WEEKS: Mr. Chairman, by the way, I -- since it is a new court reporter, I'm David Weeks of the
Comprehensive Planning Department, and next to me is Randy Cohen, same department.
CHAIRMAN STRAIN: Okay. Page 23 we're on. The commercial mixed use subdistrict where you're
looking at going into mixed use now for the commercial areas, during the housing committee meetings it
was suggested that to incentivise workforce housing or affordable housing or gap housing by utilizing
mixed use, yet I don't see any reference to any of those in this particular provision.
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Do you know -- because you're getting up to 16 units per acre, as long as it's not within the coastal high
hazard. And I thought the indication from the committees at one point was that that should -- some of that
should be workforce or affordable of some type. Did you not consider that in this new language?
COMMISSIONER MURRAY: Can I answer that?
CHAIRMAN STRAIN: Yeah, certainly.
COMMISSIONER MURRAY: Okay. When the smart growth community character advisory
committee met and developed the GMP language for this, the issues that we're now currently well talked of
were not realized by that group. And so it may be a plus to consider that at this point.
CHAIRMAN STRAIN: Well, the committees that I was referring to are the two that I was part of it.
COMMISSIONER MURRAY: Well, I was ignorant of that part of it. Okay.
CHAIRMAN STRAIN: The first committee was the workforce housing committee. One of the ideas
that we had come up with was using mixed use as a way to encourage affordable house. And I understand
now that maybe the smart committee had the similar idea not so much for affordable housing but just using
mixed use concept. Maybe the two should be blended together a little more than they seem to be here
because there's no mention of workforce or affordable housing components if they were to use the density
bonuses afforded to them by mixed use.
MR. WEEKS: Short answer is this. Staff simply did not consider that. And if that's your direction,
we'll be glad to try to come up with something say for your March 16th hearing.
CHAIRMAN STRAIN: Well, I think if you're going to put units in mixed in with commercial, you
certainly have a better chance of them being affordable than they are on lots in estates areas. I don't mean
Golden Gate Estates but generally subdivisions. So I think certainly you ought to look at some application
of that for commercial mixed use subdistrict.
COMMISSIONER MURRAY: Can we just discuss it a little bit more?
CHAIRMAN STRAIN: Oh, of course. That's what we're here for.
COMMISSIONER MURRAY: Okay. And -- and I completely appreciate what you're -- what you're
saying, and I'm -- I'm going to say I agree with it. But I just wanted to introduce in -- I think it was the
Orange Blossom, that Buckley PUD, the intent I thought of the developer was to, as they phrase it, young
professionals. Now, I don't know ifthat constituted or constitutes the housing for gap or above gap. My
assumption at that time it was above gap.
But I certainly -- I certainly think it's an appropriate thing to bring into this while we have the
opportunity, before we've actually brought the LDC language in. And I'll take another look at the LDC
language to make certain that we do something about that, but I think it's very appropriate.
CHAIRMAN STRAIN: David, in fourteen one you talk about commercial PUDs or commercial
component of a mixed use PUD and let them utilize this commercial mixed use subdistrict. Would they
then be getting additional language to their PUD, or would that be existing density within the PUD already
approved in order to utilize this subdistrict?
MR. WEEKS: If I understand the question, it would have to go through a rezoning action to get that
approval for additional units.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: And the units would be in addition to what the PUD would already be approved for.
So if you had a mixed use PUD, a commercial tract, and a residential tract and the residential tract was
approved for a hundred dwelling units, they would need to come back to amend their PUD to get density
for the commercial tract.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: That's--
CHAIRMAN STRAIN: So this commercial mixed use subdistrict isn't providing anything by right
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then. It's all enough just to -- an ability to provide it by rezone.
COMMISSIONER MURRAY: I think it's incentive really.
COMMISSIONER SCHIFFER: David, isn't it via conditional use we get it or --
MR. WEEKS: I was going to say the PUDs I think are a different animal that you'd have to come back
for a zoning change. Otherwise you would have a conflict between your PUD documents, which is in
effect a minizoning order saying you're only allowed a hundred dwelling units and yet you're trying to get
more than that through an administrative process.
In the Cl, two, and three zoning districts, you're correct that by conditional use the LDC provides for
mixed use development at present.
And as Mr. Murray has mentioned on a few occasions today, there's a Land Development Code
amendment that will be coming into the 2006 cycle which will help to implement this subdistrict. You can
see the subdistrict language says that we will develop a LDC provision to help implement this. And once
that gets adopted in whatever form, that should allow for an administrative process for developing mixed
use on those conventionally zoned properties. Conventionally commercial C1, two, three.
CHAIRMAN STRAIN: So the -- is it the consensus of the board that staff come back to us on this
with some language addressing the affordable housing component of a commercial mixed use subdistrict?
COMMISSIONER MURRAY: (Nodding head.)
CHAIRMAN STRAIN: Everybody in agreement with that?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Okay. Thank you.
I'll make a note, David, that I'll set this aside for you coming back sometime before this is all over.
Page 24.
COMMISSIONER CARON: Where is Bavis Boulevard?
CHAIRMAN STRAIN: Did you catch that? Number 15.
MR. WEEKS: New street. Yes, sir.
CHAIRMAN STRAIN: Page 25--
COMMISSIONER SCHIFFER: I have one more.
CHAIRMAN STRAIN: I'm sorry, Brad. Go ahead.
COMMISSIONER SCHIFFER: The last sentence I'm -- I guess I'm curious as what you're trying to
prevent there. Density achieved by right shall not be combined with density achieved through rezoned
public hearing process. Wouldn't -- in the rezone wouldn't they establish the density? And are you afraid
somebody would come back and then add it to what they would've had by right and not mention that there
in the public hearing?
MR. WEEKS: It's to make -- the intent is to try to completely separate the two processes. If you're
going to do the affordable workforce housing by whatever terminology, you're either going to go through a
public hearing process and have the county commissioners authorize a certain density or you're going to go
through an administrative process and -- that's being proposed here to achieve your density, that you can't
combine the two.
For example, you can't come to the board and have them approve a density often units per acre, then
come to staff to get another four units per acre of affordable workforce housing.
COMMISSIONER SCHIFFER: Right. But my question is wouldn't the public hearing establish your
den -- I mean would somebody actually think you can do that or -- and I'm not sure that maybe -- you know,
the first sentence you said might've been clearer than what's said here, though. I mean -- I mean would
somebody actually go through public hearing, describe what they want to do, get approval for a certain
density, and then come back to you and tell you that's the additional density that they got at the public
hearing? I don't think so.
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MR. WEEKS: Hopefully not, but we're just trying to prevent a -- the unforeseen from happening.
COMMISSIONER SCHIFFER: All right.
MR. WEEKS: We just want to make it absolutely clear that they're two separate processes and you
can't mix them.
CHAIRMAN STRAIN: Okay. Page 25. Oh, I'm sorry.
MR. MULHERE: I'm sorry, Mr. Chairman. I didn't know if you wanted -- I did have a comment on
that sentence, and I --
CHAIRMAN STRAIN: I didn't notice you up there, Bob. You're too short.
MR. MULHERE: I'm getting shorter all the time. For the record, Bob Mulhere, M-U-L-H-E-R-E. I
don't recognize you, so I thought I'd spell it.
I -- I think I understand David's explanation, and I understand the purpose and intent of that sentence. I
do think it might -- not trying to add more work, but I think we might be able to achieve some greater
clarity as to what that intended. I think it's -- it makes sense what he's saying, but I'm not sure -- I didn't
understand it when I read it, you didn't understand it, so maybe that means others wouldn't understand it.
CHAIRMAN STRAIN: I simply had a note someone needs to explain this. I guess I understood it,
but I didn't know what it meant.
David, maybe you could -- I thought it needed some wordsmithing. I think Brad did that and now Mr.
Mulhere does. I'm sure that there's some confusion in the way that needs it. Any suggestions?
MR. WEEKS: Right off the cuff I'll just jot a note to bring that back to you if you'll allow me.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: I mean maybe you said something that the density achieved by right
shall be removed with density achieved by rezone or something.
MR. MULHERE: Or density achieved by rezone shall be inclusive of any potential density that may
otherwise be achieved by right.
CHAIRMAN STRAIN: W e'lllet David come back. We're going to certainly be here more than today,
so we --
MR. MULHERE: Okay. I had a comment on -- and I don't know -- you haven't gotten there yet. It's
in the same section. Did you want me to continue or just -- it's a clarification.
CHAIRMAN STRAIN: How far forward are you going?
MR. MULHERE: Paragraph B under one.
CHAIRMAN STRAIN: Okay.
MR. MULHERE: Again, I just wasn't exactly sure what was intended there. Let me tell you why. It
says within the rural fringe mixed use district receiving lands, the density rating system is applicable for the
affordable housing density bonus -- bonus only as specifically provided for in the RLSA for stewardship
receiving areas. So within -- is that suggesting that within the RLSA -- I'm sorry, I'm in the -- I read the
wrong line. I'm on the fringe.
As for it's specifically provided within a rural village, under C. And my question is within a rural
village, what's provided for is a requirement to provide a certain number of affordable housing units and
then a certain amount ofthose have to also be what's termed presently workforce but likely will change to
gap. And so I'm not sure that there is an application of the density rating system.
MR. WEEKS: What we are proposing -- back up. The present future land use element provision for a
rural village provides that if you provide affordable and workforce housing, it is a bonus. The Land
Development Code, however, mandates the provision of affordable and workforce housing.
What staff is proposing is two things. Number one, to mandate some affordable and workforce
housing, the same as the LDC does, but to also continue to provide for a bonus. So if you provide more
than that which is mandated, it is allowable as a bonus.
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March 8, 2006
MR. MULHERE: Okay. And does that require that the density rating system in some way be adjusted
to reflect that or no? I mean you're referencing back to the density rating system, but the affordable housing
density bonus in the density rating system is different than the one that's in the rural fringe. Basically, you
get a half a unit bonus --
MR. WEEKS: Uh-huh.
MR. MULHERE: -- in the rural fringe. I was hoping you were saying you were going to increase the
bonus in the villages for affordable housing but --
MR. WEEKS: No. Maybe I need to check that. My recollection was -- when I was working on this is
that -- that within the rural village it makes reference back to the density rating system. So I was just simply
trying to make that cross connection. I'll verify. If I'm mistaken and that needs to come out --
MR. MULHERE: That's good.
CHAIRMAN STRAIN: David, if you are mistaken would you come back and let us know?
MR. WEEKS: Absolutely.
CHAIRMAN STRAIN: Okay.
MR. MULHERE: Thank you.
CHAIRMAN STRAIN: Thank you, Bob.
The top of page 25 you have a -- second line, you have a strike out of permitted. Prior to that word it
says per gross acre is permitted, now it says is allowed. Wouldn't it be per gross acre may be allowed?
Because right after the word allow you say though not an entitlement. So it's really not a -- it's not
guaranteed, it's may be allowed.
MR. WEEKS: I would agree, that'd be better language.
CHAIRMAN STRAIN: Anybody have a problem with that on the panel?
COMMISSIONER MURRAY: Not at all.
CHAIRMAN STRAIN: Okay. Page 26. I'm trying to understand item G. Talking about four
dwelling units per acre by right. Is that by right as regular density, or is that by right as affordable housing?
MR. WEEKS: This would be by right, and this would be your base density. I think -- let me walk
through this.
We've provided for an administrative by right density bonus of up to four units per acre for the
affordable workforce housing. The question is what do you add that to? If a property is zoned A, rural
agricultural, that density is one unit per five acres. So are you adding four on top of one unit per five, or are
you adding it to something else?
The way stafflooked at it is -- is we should provide for the base density of four units per acre to be
allowed by right and that on top of that you get your four unit per acre bonus. We have to -- we need to
specify what the four unit acre bonus is being added to. And -- and if you have a property that's zoned --
again, my example again, agricultural, .2 dwelling units per acre, then your end result is 4.2 units per acre. I
would question just how much is that helping to provide affordable housing.
So staff was proposing allow the base as a matter of -- only when you're providing workforce housing,
affordable workforce, you get the base plus however much bonus that you qualify for.
CHAIRMAN STRAIN: But you're taking all these zonings areas and you're saying agriculture, estates
RSFI, all ofthem now have a base of four, regardless of what they currently have in the FLUE?
MR. WEEKS: Well, these properties are -- right now the FLUE would provide that they are eligible
for four units per acre.
CHAIRMAN STRAIN: Not -- not if it's agricultural.
MR. WEEKS: Eligible under the density rating system to be rezoned to four units per acre.
CHAIRMAN STRAIN: Estates?
MR. WEEKS: Within the urban area, yes. We -- there's not a lot, but we have some estates zoning in
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the urban area. Off of Radio Road, off of County Barn Road, for example.
CHAIRMAN STRAIN: So you're saying -- and I remember some of those came through here. In fact
there was one off of Barefoot Williams Road not -- quite recently where the people were very impassionate
about their neighborhood --
MR. WEEKS: Uh-huh.
CHAIRMAN STRAIN: -- where someone was trying to go in and put in more homes on a lot than
what there was typical in the neighborhood. By this they'd have the absolute right to do that, and they
wouldn't even need a public hearing to do so, right?
MR. WEEKS: In that particular instance, no, because they're in the coastal high hazard area.
CHAIRMAN STRAIN: Oh.
MR. WEEKS: But if they happened to be off of Polly Avenue, Rattlesnake Hammock Road area,
similar circumstance for properties zoned agricultural, this provision, yes, would allow them by right to
achieve up to eight units per acre.
CHAIRMAN STRAIN: That is not fair to that neighborhood. It wouldn't be fair to the neighborhood.
COMMISSIONER MURRAY: I agree.
CHAIRMAN STRAIN: I can't imagine that happening in this county.
COMMISSIONER MURRAY: We basically turned it upside down.
CHAIRMAN STRAIN: Yeah. Miss Student?
MS. STUDENT: Thank you. I have a question. Probably staff -- and I don't have my land code here
or I would check. But in the ag area I don't know we would allow multifamily. That's not a permitted use
in ag zoning district, right?
MR. WEEKS: That's correct.
MS. STUDENT: So you'd have to do a rezone.
MR. WEEKS: Well, as I noted in the -- in the staff report, if this provision is ultimately approved by
the board, there will be significant land development changes --
MS. STUDENT: Okay.
MR. WEEKS: -- necessary. Because for all ofthe various -- whatever zoning districts this provision
will be applicable for, we would -- we would need to change development standards. Because certainly if
you're zoned agricultural and you're developing one unit per five acres or -- or an agricultural use, your
development standards should be different than if you're developing an eight unit per acre development.
Similarly, as Margie just pointed out, you need to add the provision for multifamily units. Same thing
for your single-family zoning, they don't allow multifamily units. They should have different development
standards. Other provisions ofthe Land Development Code -- for example, the ag zoned district allows
barbed wire fences. Well, if somebody's doing an affordable workforce housing project, residential, we
would not want barbed wire fences to be allowed. So a lot of LDC changes would be necessary to -- to
implement this.
CHAIRMAN STRAIN: Ijust -- you can't improve this community's problems by destroying what
everybody moved here for. This would be so detrimental to neighborhoods. I just -- I mean, for example,
Riviera Golf Estates.
MR. WEEKS: Uh-huh.
CHAIRMAN STRAIN: Someone could go in and say I want to rezone that to RSF1 and then really
what they're doing is going to cash in on this and go ahead and build Riviera Golf Estates. I just don't think
without a public process that this is the right thing to do to the neighborhoods in Collier County.
MR. WEEKS: This is one change that we can point more directly back to the Board of County
Commissioners from their gap and affordable workforce housing hearings as to what they wanted to see.
They -- they were not explicit. They did not say in these zoning districts allow affordable housing by right,
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density by right, but they did give the direction to allow for some type of density bonus by right as a means
for providing affordable and workforce housing.
I agree with you, Mr. Chairman, and I think other commissioners, based on the looks of your faces,
you're in agreement that this is a radical --
COMMISSIONER MURRAY: Absolutely.
MR. WEEKS: -- departure from the current process to achieve a density change. I mean right now
only the Board of County Commissioners has that authority, and they would be -- if they approve this, they
would be delegating to staff the authority to grant a density from as low as .2 units per acre all the way up to
eight units per acre.
CHAIRMAN STRAIN: Cormac, you apparently have something to say.
MR. GIBLIN: Well-- again, for the record, Cormac Giblin, housing development manager.
What this provision seeks to do is only allow a dense -- an affordable housing density bonus. In areas
where it is already allowed -- all those areas that we've mentioned, people can today go through the public
hearing process and get an affordable housing density bonus of their base, plus up to eight extra units per
acre. What this provision does is allow you to achieve half of that, half of that bonus, without the need for
the public hearing.
And so it's not putting affordable housing where it's not allowed or not -- not allowed because it
currently is allowed in all these areas with those public hearings. And that was a direction we got from the
board beginning oflast summer, in terms of by right density bonuses for affordable housing.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Wouldn't that tend to ultimately concentrate affordable housing in
violation of the GMP because you're not putting it out against the entire county? You've said now that --
which it's going to put affordable housing where it's already allowed. Tell me -- tell me more about that so I
won't feel a prejudice in that view that -- it -- if it's not allowed in certain places, maybe it should be and
why would we want to intensify the application of it?
MR. GIBLIN: Sure. Two -- really two answers to the question. First one is when I say allowed, right
now affordable housing density bonuses are only allowed in the urban area, which is what this paragraph --
COMMISSIONER MURRAY: Okay.
MR. GIBLIN: -- is referencing. So--
COMMISSIONER MURRAY: Anywhere in the urban area?
MR. GIBLIN: Anywhere in the urban area.
COMMISSIONER MURRAY: Okay.
MR. GIBLIN: Now, the second answer to the question, though, is some of these other amendments do
allow some affordable housing to go into areas outside the urban area which gets to the -- you know, really
the second half of your question.
COMMISSIONER MURRAY: Right. Okay.
MR. GIBLIN: So concentrating in one area of the county, no. Unless you're talking about the urban
area all together.
COMMISSIONER MURRAY: Well, not by design. It may-- it may happen by default but not by
design. Okay. But I think this does turn it upside down.
CHAIRMAN STRAIN: Cormac, I was involved in both the committees that had workshops on these
issues, and I remember this discussion. I can tell you I don't think -- I can tell you I didn't understand at the
time that the outcome would be as written in this year's FLUE, both in this paragraph and there's some
paragraphs we haven't gotten to yet and some we've already passed. I think had this been understood, I
can't imagine anybody saying this is the right way to go. I just -- this is just too intense for the residents of
this county.
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And if the intense -- intent is to change the county to this radical of a procedure, I think you're going to
eliminate the reason for people to move here. Maybe that's the alternative -- the objective, but I just don't
see the need for it. Not the way it's written here.
Any other comments from the commission?
COMMISSIONER SCHIFFER: Just--
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Just to understand. So, Cormac, what you're saying, it has to be a
ten-acre site, right?
MR. GIBLIN: Yeah.
COMMISSIONER SCHIFFER: And then if they're going to put affordable or workforce on it, they
could start with the four dwelling units as a base. Where does it say that it's limited to only four more,
though? I'm not getting that. Or could they go up to the maximum of eight?
MR. WEEKS: On page 27, paragraph C, affordable housing bonus by right.
COMMISSIONER SCHIFFER: Okay. It's coming up. Okay.
MR. WEEKS: That's where it specifies the four unit per acre bonus maximum.
CHAIRMAN STRAIN: Then again, David, there's that last sentence which--
MR. WEEKS: Oh, yeah.
COMMISSIONER SCHIFFER: That -- Okay. I'm done. Thank you.
CHAIRMAN STRAIN: Miss Caron? Miss Caron and Mr. Murray.
COMMISSIONER CARON: I just don't believe that we should be taking densities that in some--
some areas can be whatever, .2 or someplace else it can be 1.5 and then suddenly just granting these people
four units an acre without anything. It just doesn't make any sense to me. I think the public would --
MR. GIBLIN: Just back to my point, though. Those are permitted or allowed currently today through
the public process.
COMMISSIONER CARON: But through the public process.
MR. GIBLIN: Yes.
COMMISSIONER CARON: That's what still needs to happen.
MR. GIBLIN: And that -- that was; through -- through the affordable housing commission, workforce
housing, gap housing committee. You know, that -- Collier County's system of public participation in this
-- in this -- specifically in the development of affordable housing is seen by the industry and by -- by
affordable housing professionals as one of the key detriments to attracting the development of more
affordable housing to this area.
CHAIRMAN STRAIN: There's a solution to that. It's called inclusionary zoning.
COMMISSIONER CARON: You're working on it now.
CHAIRMAN STRAIN: Go ahead. Mr. Murray, did you have something?
COMMISSIONER MURRA Y: No. I just was going to say that I agree with you, and I think this
turns -- turns it upside down. So--
CHAIRMAN STRAIN: Okay. Is there any -- the consensus of the panel is then to strike G?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Anybody in disagreement on that issue?
COMMISSIONER SCHIFFER: Unless we had a public hearing, yes.
CHAIRMAN STRAIN: Well, that's the point.
Page 27?
MR. MULHERE: Mr. Chairman?
CHAIRMAN STRAIN: Yes, Mr. Mulhere?
MR. MULHERE: If I could, just a couple comments. Bob Mulhere again, for the record.
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I understand the direction you're taking, I just wanted to add that my recollection of -- of this as an
unofficial recommendation of the ad hoc gap housing committee, one of their recommendations was to look
at by right zoning. But I also recall that there were limitations placed on that to require -- and I think some
ofthem David referred to, which was develop site specific or specific development standards.
Second part was, as I recall, there were -- there was discussion about those being compatible with the
surrounding neighborhood and development. That's really not a part of this and may have, had it been a part
ofthis in some way or another, had a different -- you may have had a different opinion. I'm not prepared to
develop those now, but part of that compatibility test could have been that you -- you can't exceed a certain
density beyond the surrounding development around you. You know, maybe it was 50 percent or
something along those lines. That was part ofthe discussion which -- I mean it's not here and I can
understand why folks within a certain neighborhood might object to significantly higher density than -- than
a neighborhood that's built out.
So that was another question. Are we talking about -- you know, would the -- the by right density be
compatible with the surrounding development? Would -- four units per acre next to four units per acre is
pretty compatible. Single family next to single family, you know, multifamily next to multifamily. Maybe
-- or even next to single-family with an appropriate buffer.
So I think there were some more provisions -- at least from that committee -- that were intended to be a
component of any by right zoning that would give some sense of comfort, maybe not a hundred percent,
maybe not even sufficiently to have swayed your opinion, but that would have given some sense of comfort
that the surrounding properties were being protected in the process.
CHAIRMAN STRAIN: Mr. Mulhere, am I on that committee with you?
MR. MULHERE: Yes.
CHAIRMAN STRAIN: Okay. I don't come across -- I don't come from that committee with the same
reading that you just --
MR. MULHERE: That's fine.
CHAIRMAN STRAIN: -- transpired. I just wanted you to know that.
MR. MULHERE: Yeah.
CHAIRMAN STRAIN: I just -- I can't see how this should -- should fly.
Mr. Murray?
COMMISSIONER MURRAY: This is almost hard to put into -- it reminds me of an area -- now it's
urban and Mr. Kereal (phonetic) wanted to build some homes in an area. Those people have one acre. One
unit per five acres, I think it was at the time. And this would just basically just crash their community;
would it not that --
MR. MULHERE: I'm not -- I'm not arguing with your position as it's written.
COMMISSIONER MURRAY: Yeah.
MR. MULHERE: I'm suggesting that, at least from my recollection, there -- there was discussion of --
of additional provisions that would insure compatibility of any by right zoning with the surrounding area.
COMMISSIONER MURRAY: And I heard you. And relative to what David said, which I lost on
about the density bands being retained by the commissioners, the density bands in -- I'm talking about the
other area now, where -- around activity centers and so forth.
MR. MULHERE: Density bonuses you mean.
COMMISSIONER MURRAY: I'm sorry. Yeah, the density bonus on the round of bands. In any
event, even in'm not saying it correctly, you understand what I mean. The point being that they -- they
were sensitive to the need for transition. So it would seem to me that we'd like to be consistent --
MR. MULHERE: Yeah.
COMMISSIONER MURRAY: -- and not dump on people.
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MR. MULHERE: I don't disagree.
CHAIRMAN STRAIN: Thank you. I think this commission's already finished their comments on
this. Mr. Anderson?
MR. ANDERSON: I'm sorry, Mr. Chairman. Paragraph number one, under the density rating system,
there is some existing language --
CHAIRMAN STRAIN: What page are you on, Mr. Anderson?
MR. ANDERSON: Mine don't have any page numbers.
CHAIRMAN STRAIN: Okay.
MR. ANDERSON: Twenty-five I'm told.
CHAIRMAN STRAIN: Okay.
MR. ANDERSON: And in paragraph 1 A, near the bottom, it says mixed residential and commercial
uses as provided for in C 1 three -- through C3 via conditional use. That is an impediment, an obstacle, a
limitation on mixed use that serves to discourage it. I would ask that you simply strike via conditional use.
That doesn't prohibit it from being a conditional use, but this language would require it.
CHAIRMAN STRAIN: David, how does that fit with the intent of what you saw the commercial
mixed use subdistrict being developed towards? Were you expecting it to be a conditional use, or were you
going to add it as a permitted use?
MR. WEEKS: That's actually a good point. The existing provision in the Land Development Code is
to only allow the mixed use by conditional use. I believe the intent of the proposed Land Development
Code amendment would be to allow it by right.
COMMISSIONER MURRAY: By right.
MR. WEEKS: And I would -- therefore, I would have to agree with Mr. Anderson that it would be
appropriate to remove this. That would pave the way for that proposed LDC amendment.
CHAIRMAN STRAIN: Okay. Anybody objecting to the striking of those three words?
COMMISSIONER MURRAY: I apologize, I didn't catch it. I should've caught it.
CHAIRMAN STRAIN: Thank you. Let's move on to page 27.
COMMISSIONER SCHIFFER: Let me just ask the 26 thing. And, again, it's back to my memory. I
remember, Dave, you gave a great presentation on the mixed use areas. I don't remember us getting rid of
them. And also, isn't it kind of contrary to the community character plan we have that we've established
these density areas and then now we're not going to encourage people to build essentially within walkable
areas to work and markets and things?
MR. WEEKS: You're referring to number two --
COMMISSIONER SCHIFFER: Number two.
MR. WEEKS: -- on page 26?
COMMISSIONER SCHIFFER: Correct.
MR. WEEKS: Yes. That's the residential density bands, and as part of the EAR the board explicitly
directed that those be deleted.
CHAIRMAN STRAIN: I--
MR. WEEKS: There were three density bonuses the board directed -- go ahead.
CHAIRMAN STRAIN: It wasn't a meeting that we were at. It was a separate board meeting where
they -- they got into the issue above and beyond the workshop that we attended, Brad. That's where I think
we--
COMMISSIONER SCHIFFER: Okay. I remember at the workshop David gave a presentation and,
you know, wasn't happy with the thing. But -- I mean I personally think that's wise. I mean I think that
what our prior boards did, the legacy of that was smart, is they tried to encourage these activity zones. I
mean it turns out that all they were doing was sidening the drug stores, but the -- the intent was to have
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areas where people would walk, shop, do everything. I actually live in one of those bands, and it is a really
smart way to live. So I'm not -- the commissioners killed it, though?
MR. WEEKS: I would agree from a planning standpoint both the residential density bands that we're
specifically discussing now, as well as the residential infill density bonus makes a lot of sense. So that you
have a trans -- for this provision, for the density bands, that you have a transition of density or intensity.
Because within the activity centers you're allowed to have the full array of commercial, all the way up
to C5, and you're allowed to have the maximum density of 16 units per acre in most activity centers. And if
we eliminate the density band, then as soon as you get outside of that boundary, you drop down to four
units per acre, unless you're providing affordable workforce housing.
And the density band allows for a transition down to seven units per acre and then from there down to
four units per acre. From a planning standpoint, that's traditional Euclidean zoning.
COMMISSIONER SCHIFFER: And smart growth. So I mean could we as a board ask the -- I mean
we're the planning agency, they had the meeting without us, could we not recommend that from a planning
aspect -- I can't see what the negative that they were concerned about would be.
MR. COHEN: For the record, Randy Cohen.
Mr. Schiffer, if you feel strongly that this should be included and not stricken, you can recommend to
the BCC that they revisit the issue. Obviously it would be contrary to the EAR. And if they were to change
their mind in terms of a policy decision, we would have to explain it in the EAR based amendment report to
DCA. It's not unusual for that to transpire between any -- any EAR that goes to Department of Community
Affairs and then an amendment to actually transpire that's contrary to what -- to what takes place.
MR. WEEKS: In could add to that, the -- the board's view of the density rating system was quite
different than how we've traditionally viewed it. And the traditional view was from a planning perspective
of compatibility of transitioning density promoting infill development, affordable house, et cetera.
The board's -- I think it was very clear in their comments about removing some of these density
bonuses was let's remove the competition for affordable workforce housing. If -- if the only way to get
affordable -- excuse me. If the only way to get a density bonus is to provide affordable housing, then the
presumption is we're going to get more affordable housing because people want that density bonus. That
was their perspective. They were very clear in that.
COMMISSIONER SCHIFFER: Say that back. What you're saying is that it's not that they don't want
people to build in this band, they want them to build via affordable housing solely.
MR. WEEKS: Correct. Eliminate the competition in hopes we'll get more affordable housing.
MR. SCHMITT: For the record, I'll just clarify. Mr. Weeks is correct. It was basically felt these
density bonuses were being used solely to allow for developers to come in with a market rate product and
capitalize, quote, off of the kind of gift in -- in bonus.
And David's correct, this was seen as more of a -- to the -- basically if you can come in with -- under a
market rate product and get density, there would be no motivation to produce affordable housing or
workforce housing. And that was seen as the -- if you want to do it, come under that -- that -- that criteria.
So that was -- that was it. If you see differently and if you think it's something that being -- be included,
we'll take your comments back to the board.
COMMISSIONER SCHIFFER: It's starting to sound smarter.
David, let me just say back again is that -- in other words, they would only be allowed seven units
anyway. It's not like they could come in with affordable on top of that seven?
MR. WEEKS: No. Any applicable density bonus could be used. So, for example, if a property were
within the density band, they could qualify for the -- the board would have the authority to grant the base
density of four, the bonus of three for being in the band, and affordable housing on top of that for a total of
15 units per acre. It's not exclusive ofthe other bonus.
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COMMISSIONER MURRAY: Right. That's what I remember.
CHAIRMAN STRAIN: Okay. Mr. Arnold?
MR. ARNOLD: If I might, I wanted to comment on item 2A, conversion of commercial zoning. And
simply ask -- as I sat here and listened through the morning, I now understand how conversion of
commercial works. And I was questioning when I read that originally how it's applied in the coastal high
hazard area. And as I then looked at the density rating system later on and the way you either lose a unit or
add a unit -- but I was wondering for clarification purposes it might not be wise to make a reference to the
coastal high hazard right here so that it -- it's explicit and -- and that you don't get the 16 units per acre in
coastal high hazard if that's what's intended.
CHAIRMAN STRAIN: Just so happens Miss Caron had that same note to bring up.
COMMISSIONER CARON: That was my next note.
CHAIRMAN STRAIN: You beat her to it.
MR. ARNOLD: Sorry.
CHAIRMAN STRAIN: Thank you.
MR. WEEKS: My only comment would be that if we do that I think for every density bonus we
should do that.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: I think we should.
CHAIRMAN STRAIN: Well, fme.
COMMISSIONER CARON: I think we should. Then it's clear.
CHAIRMAN STRAIN: Let's repeat what --
COMMISSIONER CARON: There are no questions.
CHAIRMAN STRAIN: The premises --
COMMISSIONER CARON: I think it's clear.
CHAIRMAN STRAIN: We're going to add a reference to the coastal high hazard as being not
included in the density bonus provision in everywhere where there -- it's applicable; is that correct?
Anybody objecting to that?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Good.
MR. ARNOLD: And in might, item number two that was deleted, proximity to activity centers for
the density bonuses, I agree with staff that from a planning perspective we think that makes a lot of sense to
try to encourage those, and I understand the direction of the board. Just want on record that we don't think
that's the --
CHAIRMAN STRAIN: I would've expected nothing less.
MR. MULHERE: Again, for the record, Bob Mulhere.
Item number two under density bonuses. I won't be too repetitive except to say, you know, to my
knowledge eliminating that really contravenes all smart growth and appropriate planning principles that I
have ever learned in both my education and experience. Removing an opportunity -- it's a tool. It's not
guaranteed, you're only eligible for it. To take away the opportunity under the right project just doesn't
make sense to me.
I don't think it would have any bearing on the cost of affordable housing or the likelihood of having
affordable housing occur. People would just build. The fact that if someone can build seven units where
they used to be able -- can now only build four units where they used to build seven, they'll build four
market rate units and charge more money for them. As opposed to building seven for lesser money.
Simple economics.
CHAIRMAN STRAIN: Unless the fact that someone's building next to a commercial area, they may
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decide that they can go up in more density and not have quite as expensive units because they wouldn't fit
the market place. So--
COMMISSIONER MURRAY: That would be another form of simple economics.
MR. MULHERE: I agree a hundred percent.
COMMISSIONER SCHIFFER: One question. To hit affordable they'd have to have a ten-acre site.
So what this does is exclude sites smaller than that from being able to have a higher density. Is that right,
David?
MR. WEEKS: Only through an administrative process. Still have the right through public hearing
process to request the affordable housing bonus.
COMMISSIONER SCHIFFER: At a lesser -- I mean the affordable housing bonuses are very clear
that you have to have ten acres.
MR. WEEKS: Only for the bonus by right. If you go through the rezone process, you could be--
there is no minimal -- minimum density -- excuse me, minimum acreage.
COMMISSIONER SCHIFFER: So that density matrix that we work on which states the ten acres,
that's by right? That doesn't require public hearings and things? I'm confused.
COMMISSIONER MURRAY: He's talking about the matrix.
MR. WEEKS: In the Land Development Code?
COMMISSIONER SCHIFFER: Yes.
MR. WEEKS: I'll have to defer to Cormac on that.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Isn't this the concept in the GMP? I mean the implementation is that matrix,
so I'm not sure --
COMMISSIONER SCHIFFER: It's actually ten percent of the -- what is it, is it a--
MR. GIBLIN: Again, for the record, Cormac Giblin.
The matrix that you've seen is not by right. That's through the public hearing process. And the only
size limitation that would come onto an affordable housing project currently would be that it is required to
go to PUD. And so if there's a minimum PUD size, which is ten acres, that is with -- that's the only size--
minimum size restriction.
COMMISSIONER SCHIFFER: So the point is that a lot smaller than that to build residential in that
band area would only have to -- be able to build four units. We've eliminated three units per acre there.
MR. WEEKS: I'm not -- if a -- if the density band bonus remains, if the board should flip flop and
keep it in, then there is no size limitation applicable. The only size limit is for the density bonus by right for
affordable workforce housing. To get that bonus by right, you have to have a minimum often acres.
COMMISSIONER SCHIFFER: So I still don't think it's good to remove it, but --
CHAIRMAN STRAIN: Okay. Let's move on to page 27. You know, I'm trying to be very tolerant of
how many times you pop up here.
MR. ANDERSON: Okay.
MR. WEEKS: Mr. Chairman -- I'm sorry.
CHAIRMAN STRAIN: Go ahead, David.
MR. WEEKS: On number two, this proximity to the mixed use -- to the density band, has the planning
commission taken a consensus?
CHAIRMAN STRAIN: Well, okay, let's -- I didn't think anybody but Brad seemed to be thinking it
was a good idea to reinstate it. I'm not one to out guess the BCC, and if they don't want something it's up to
them to bring it back, as far as I'm concerned.
But with that being said, does anybody on this -- who on this panel would like to see that reinstated?
Anybody?
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COMMISSIONER SCHIFFER: Me.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: All the guest houses can go there.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Thank you. Mr. Anderson?
MR. ANDERSON: Before you left the density rating system I just wanted to reiterate the earlier
statement about you considering a general exclusion for any project that includes an affordable workforce
or gap housing component in the coastal high hazard area.
CHAIRMAN STRAIN: Okay. First of all, we haven't left that density rating system yet, but I'm
trying to understand your question. Can you re -- do you mind restating it?
MR. ANDERSON: Not at all. That you -- the limit that you have a -- are recommending be imposed
of four units per acre in the coastal high hazard area, that there be one exception to that cap that would
allow the provisions -- any of the applicable provisions of whatever's left of the density rating system to be
utilized within the coastal high hazard area if the project has an affordable gap or workforce housing
component.
CHAIRMAN STRAIN: It's my understanding that in the coastal high hazard, because it is coastal
high hazard, your density may be a base density of four but it's an effective base density of three. And if
you want to get back up to four, you can do so by adding affordable housing.
Is that correct, David?
MR. WEEKS: As these amendments are proposed, that is not correct. If there's any other applicable
density bonus, that could be used to get you back to the four.
Now, it -- certainly this -- this board has the option if you want to direct -- if you -- you have the option
to say, no, we disagree with that. The only bonus we want to be applicable in the CHHA is the affordable
workforce housing bonus. I think I heard one or more of you say that was your understanding of the way it
was supposed to be.
COMMISSIONER CARON: It was one bonus to bring you back up to four.
CHAIRMAN STRAIN: But that's not what he's saying. There are other bonus provisions that will
bring you above three in the coastal high hazard. If there are, what are they? Let's--
COMMISSIONER CARON: What -- yeah.
MR. WEEKS: The conversion of commercial zoning density bonuses.
COMMISSIONER CARON: We just said--
MR. WEEKS: The other -- I'm sorry. The other would be -- which is -- used once and since the plan
was adopted is on page 28, C, transfer of development rights bonus. This is the prerural fringe TDR
provision. And, again, it's been used once since the plan was adopted, but that would still be a means of
exceeding the -- that reduction down to three units per acre.
CHAIRMAN STRAIN: Wait a minute. We're talking about raising it above three units per acre.
MR. WEEKS: But still within the -- with the cap of four. So it can only get from three back up to
four.
COMMISSIONER CARON: Uh-huh.
CHAIRMAN STRAIN: Okay. But in your page 28, the last sentence on C says in no case shall
density be transferred into the coastal high hazard area from outside the coastal high hazard area. So how
does the TDRs work for that?
MR. WEEKS: If -- if you have one property within the CHHA and you wanted to transfer density
from that to another property within.
CHAIRMAN STRAIN: Okay. Well, that -- that isn't hurting the overall density ofCHHA. It'd still
remain the same, it's just transferring internally.
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MR. WEEKS: That is correct.
CHAIRMAN STRAIN: Okay. I think that's one of the concerns we had, and that doesn't seem to
violate that concern.
But the other issue on page 26, 2A, I thought we said we were going to add the language based on Mr.
Mulhere's comment that that is not applicable in the CHHA.
MR. WEEKS: My note was that you wanted to reference the density cap of four units per acre so that
the reader would not be deceived into thinking, oh, I can have l6 units per acre, only to later find out, oops,
I now can't because I'm in the CHHA.
CHAIRMAN STRAIN: Okay. But what's the difference? It's not applicable because he can't have 16
units in the CHHA, right?
MR. WEEKS: The difference -- that's correct. The difference is under this conversion of commercial
zoning bonus, the property could come back up from the three to four units per acre.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: That's the difference. It just gets you back to four.
CHAIRMAN STRAIN: Okay. That's -- I don't have a problem with that. That's limited as far as -- do
you understand it now, Bruce, now that we finally think we do?
MR. ANDERSON: I think I do. And my point was that I thought you ought to be able to go to the full
16 if you had an affordable housing component.
COMMISSIONER CARON: No.
MR. ANDERSON: Because you can today.
CHAIRMAN STRAIN: Right. Well, that's hopefully some of the things we're working on. Thank
you, SIr.
MR. ANDERSON: Thank you.
CHAIRMAN STRAIN: You're not popping up again, too, are you?
MR. MULHERE: Well, again, I just wanted to know -- I'm not sure exactly where you are.
CHAIRMAN STRAIN: Well, we're on page 27. We're going to page 27, but we haven't gotten there
yet.
MR. MULHERE: Residential infill, those provisions?
CHAIRMAN STRAIN: Well, we haven't gotten there.
MR. MULHERE: Okay.
CHAIRMAN STRAIN: We're still on the top part of page 27.
MR. MULHERE: Thank you.
CHAIRMAN STRAIN: So I know you're going to be jumping up when we got to the bottom of page
27.
Okay. On page 27, members of the commission, do we have any concerns? I certainly do, but I'm
going to hear all you first.
COMMISSIONER SCHIFFER: Just -- just the affordable by right. I mean just to say it out loud,
what we're saying is if you've got ten acres, you could build 40 houses on it. Unless you build ten -- unless
you put ten percent affordable housing, then you get 32 more marketable houses.
CHAIRMAN STRAIN: I think this says--
COMMISSIONER SCHIFFER: No?
CHAIRMAN STRAIN: -- you can do 80 units on it.
COMMISSIONER SCHIFFER: Well, that's -- you're going to get 80. I'm adding to it. I'm starting at
the -- with the affordable you get 32 more market rate houses for eight affordable units by right, without the
neighbors' scrutiny, without anything.
MR. WEEKS: The way it's proposed is that it's an all or nothing. You can't simply come in and say
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let me have four units per acre by right.
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: You -- if you say I'm going to develop affordable workforce housing, you meet the
criteria of having ten acres or more in the certain zoning district within the urban area, then you can jump
all the way up to eight units per acre by right.
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: That -- pardon me. If you said I only want to do four units per acre of affordable
workforce housing, yes, that would be allowed. But what I want to make sure that it's clear is that you
cannot achieve any density by right unless you're providing affordable workforce housing.
There is no provision for simply walking in and saying let me have the base density by right. That can
only occur if you're providing affordable workforce housing.
COMMISSIONER SCHIFFER: Right. But that's quite a reward. In other words, a guy can't walk in
the door and get 40 units, but he can walk in the door and get 72 units with eight affordable housing units.
Ten percent and --
MR. WEEKS: Whatever the formula is but --
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: Yes, maximum of 80 in your example, 80 units by right.
COMMISSIONER SCHIFFER: Without anybody knowing it.
MR. WEEKS: That is correct.
COMMISSIONER SCHIFFER: By just submitting the site development plan and getting the building
permit and -- well, not that that's simple, but --
MR. WEEKS: That is correct, though.
CHAIRMAN STRAIN: Miss Caron?
COMMISSIONER CARON: I'm just astounded that we would even think of something like that
without a public hearing process. I mean --
CHAIRMAN STRAIN: This is no different than the other provisions we've already addressed similar
to it. I can't see -- if we didn't feel the other ones should go forward, this one certainly should not go
forward. We can belabor it again if we want to and listen to everybody's sides of it, but it's going to be the
same outcome, I would hope. My recommendation is we strike C completely. Is anybody objecting to
that?
COMMISSIONER SCHIFFER: Well, what I'd kind oflike, could we make that only in the mixed use
activity center area? Then we kill that other bird that I have a problem with. In other words, we have that
density band area that I really think should be -- have a lot of housing, that's just a really smart planning
concept. Could we limit where it occurs by right?
MR. WEEKS: Certainly we -- you have that option. I'll make two comments. One, you potentially
have the same compatibility concern because right outside that activity center you might have a lower
density development.
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: Secondly, I would question whether anyone would use such a provision given that past
experience shows that virtually 100 percent of the activity centers are zoned and developed commercial.
Flip side is if you don't give them the opportunity, how can they?
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: I -- I stand by my prior statement. I don't believe we're here to second guess
the policy set by the BCC. So I still think C ought to be struck. I'm going to ask again. Does anybody have
an objection to that? Okay. C gets struck.
Page 27, the bottom strike outs. Mr. Mulhere?
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MR. MULHERE: Thank you. Bob Mulhere.
Obviously I don't agree with eliminating this residential infill provision. But notwithstanding that
disagreement, I'd like to suggest the potential for retaining some portions of it.
First of all, it's -- coastal high hazard area is excluded from the provision, as you can see in the first
paragraph. It's got a limit on the size, 20 acres or less. And we're talking about -- the project is compatible
with surrounding land uses, and I think those are the main issues that you've raised as concerns typically
related to being able to increase density.
This makes sense. Again, it's in the urban area, it's urban infill. That's where you should be allowing
additional density, that's where you can have economies of scale. I really disagree with striking through
this. And I understand it was the board's direction and -- but -- but I would suggest that it be retained, that
you consider retaining it.
But if you are not inclined to do that, I wonder -- if you look at G and H, presently it says ofthe three
additional units -- by the way, the bonus was really only two because you were required to go and buy a
TDR from Sending Lands to be able to get those two. And that -- so that was really only an increase oftwo
units overall.
Somebody trying to get my attention? No. Okay.
And so I wonder if -- if you're not inclined to retain this if you wouldn't consider still allowing for an
increase in density for the same kind of qualifications, 20 acres in size, compatibility, et cetera, but allow
that solely through the acquisition ofTDR's Sending Lands. It's not my preference, but it's certainly better
than eliminating it. Thank you.
CHAIRMAN STRAIN: Thank you, Mr. Mulhere.
Any comments from the board?
COMMISSIONER SCHIFFER: Yeah. Just why did they want to eliminate it, David? The EAR
doesn't mention why but --
MR. WEEKS: It's the same as with the density band. Eliminate the competition for affordable
workforce housing. Again, like Joe had mentioned, it's just one more opportunity for market rate housing to
be provided at a higher density, and therefore more profit to the developer without addressing the affordable
workforce housing need. So the board wanted to eliminate the competition.
COMMISSIONER SCHIFFER: But the failure of that argument is that the matrix as we just went
through the 32 to eight, that's what's killing your -- I mean there's your eliminating units through
competition within your own matrix.
COMMISSIONER CARON: Again, I think perhaps Cormac's office can be adding things in when
they are doing their inclusionary zoning. I think that's where it should come in. Perhaps residential infill
comes back in, but it must include affordable housing as one of the criteria.
MR. WEEKS: Right.
COMMISSIONER CARON: And so I think when you get to your -- get working on inclusionary
zoning, that's where it would be more applicable, I believe.
MR. WEEKS: I would just note that if we're going to have an affordable workforce housing bonus, I
don't know what the purpose is for having multiple bonuses. My point is we already have that bonus.
Whether it gets changed by right or not as an addition, we have that bonus available. I'm not sure what the
benefit is of saying you have some type residential infill workforce housing bonus. I mean I'm thinking that
we just -- a bonus provision for workforce housing is all.
CHAIRMAN STRAIN: I got -- if Mr. Mulhere came in with a 20-acre project under the density that
he qualifies for of four units per acre and he wanted to add more density and he was willing to do it with
affordable housing, couldn't he apply for that right to use that bonus through the process and be awarded a
bonus if the -- everybody deemed it was worthy? So I mean this doesn't eliminate infill from giving more
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density.
MR. WEEKS: That's correct. Mr. Mulhere, in your example, would have the option of asking for a
bonus under the affordable workforce housing --
CHAIRMAN STRAIN: Right.
MR. WEEKS: -- and/or this bonus provision. He could do both.
COMMISSIONER SCHIFFER: And he could be coming in with 12 units per acre.
CHAIRMAN STRAIN: Well, but he'd have to go through the process, and it would be a public
hearing, as it should be. That's my point. So -- thank you.
COMMISSIONER SCHIFFER: Would this work if the three units were affordable housing? In other
words, you have an infill you can build for, but if you make the three additional ones affordable housing -- I
mean if they're trying to make it affordable housing, why don't they just say it and do it? Why come up
with a little game to play?
CHAIRMAN STRAIN: I think they're doing that by eliminating all the other bonuses about affordable
housing. That's what they've been doing on this whole document. At least that's the way it appears.
COMMISSIONER SCHIFFER: Well, not all of the bonuses.
CHAIRMAN STRAIN: Well, just about.
COMMISSIONER SCHIFFER: But the problem I have with that, Mark, is that the matrix doesn't
really bring in a lot of affordable housing. I mean, again, the ratios we've discussed --
CHAIRMAN STRAIN: But, Brad, the matrix hasn't been adopted by the BCC at this point. They
asked to have it brought back on March 28th, from what I understand.
MR. GIBLIN: Again, to address the matrix -- Cormac Giblin, housing development manager.
The amendments here simply refer back to the section in the LDC where the matrix is contained. The
BCC directed us to reevaluate -- completely reevaluate that matrix at their last meeting. Weare retaining a
consultant to do that, to look at it, give it a thorough economic analysis. So the matrix itself may be
radically amended pending the results ofthat study. So the citations pointing us back to the LDC would
then be -- you know, incorporate those changes, as well.
CHAIRMAN STRAIN: Thank you, Cormac.
Are there any other comments on page 27 or 28? Because that item rolled over to 28. David?
MR. WEEKS: Mr. Chairman, again, I just want to just make sure I'm clear. Absence of any specific
direction, I'm assuming the planning commission's action is not to recommend any change, that is, show --
show residential infill as deleted?
CHAIRMAN STRAIN: Unless we -- our consensus is given to you to change something that's here, I
don't think we're recommending a change. And I haven't heard anybody bringing up a consensus on that
Issue.
MR. WEEKS: Thank you. Just when I hear comments that suggest change --
CHAIRMAN STRAIN: Based on the -- based on the discussion, I didn't think it was needed to go
through it again.
COMMISSIONER SCHIFFER: Well, I mean I could do a lone wolf vote again if you want, but we
don't have to --
MR. WEEKS: I just want to make sure we're clear.
CHAIRMAN STRAIN: Don't want to put yourself in that position.
Page 28. Are there any other questions on page 28? Page 29? Page 30? Oh, page 29?
COMMISSIONER MURRAY: Yes, please. I'm looking at maximum density general, A. Let me see
if I understand this right. The maximum allowed density shall not exceed 16, except by utilizing the
transfer of development rights. So what would it be then?
MR. WEEKS: It's -- it's -- unfortunately it's not a simple answer. The -- this again is referring to the
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prerural fringe TDR process. The rural fringe TDR process is very straightforward. One TDR credit per
five acres and you have certain bonuses.
The TDR program that's referred to here allows for a density increase that is -- that varies with the
zoning of the receiving area. You cannot exceed -- it's either five or ten percent, depending on the zoning,
of the receiving area's zoning. Let me give you an example.
If you had RMF16 zoning -- that allows 16 units per acre -- you would be limited to receiving a TDR
density bonus of no more than five percent of that 16 or -- if! do the math right is that .8 dwelling units?
COMMISSIONER MURRAY: Point eight, yeah.
MR. WEEKS: So in that case, .8 dwelling units per acre over the 16 maximum allowed by this
prOVIsIon.
COMMISSIONER MURRAY: So you could have 16.8.
MR. WEEKS: That's correct.
COMMISSIONER MURRAY: I thought we maxed at 16 in the LDC and the GMP.
MR. WEEKS: That's -- that exception has been there since plan adoption in '89.
COMMISSIONER MURRAY: I just learned something.
MR. WEEKS: Again, only used one since the plan was adopted.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: Page 30.
COMMISSIONER SCHIFFER: Mark, just, again, from the meeting is that -- in this -- the coastal high
hazard four units, I know we're going to add some verbiage upfront, but would it be smart here to note that
that four is only available with one? And the impression I got is that, you know, we have the affordable
housing system where you get more marketplace housings. I got the impression that it's three market
housing, one affordable housing to get that.
Is that the -- in other words, if I have ten acres and I play the -- let me see. If I had ten acres, I'd have
40 units. I guess I'd almost have to do that, wouldn't I? Yeah.
CHAIRMAN STRAIN: Well, if you wanted 40 units, I think if you're in the coastal high hazard you
could build 30 of them market rate and then ten of them --
COMMISSIONER SCHIFFER: And we're clear that that ten would be -- it's not ten percent. In other
words, is it four -- is it four affordable and the balance marketplace, or is it three market, one affordable to
get the four?
MR. WEEKS: For the specific formula that is used I'll have to defer to Cormac to explain, but your
base density of three units per acre are all market rate housing.
COMMISSIONER MURRAY: Right.
MR. WEEKS: And then of that in this case one unit per acre bonus, that's where the formula comes in
to determine how many of that one unit per acre would be market rate, how much --
COMMISSIONER SCHIFFER: And, Cormac, take the lowest thing on the matrix, which is 50
percent, ten percent -- ten percent of 50 percent. So essentially that would give you much more than one
bonus density. So you're limiting yourself there, but that's the -- you know, the lowest you could come in
on the matrix with. So that would give us four units of affordable, 36 units of marketplace. So essentially
that -- it's not 75 percent like you're thinking.
MR. GIBLIN: You're correct, you're correct.
COMMISSIONER SCHIFFER: And I --
MR. GIBLIN: You get the three and then you apply the formula to get you the other one, and then it's
whatever -- however the formula works out in terms of percentage in terms of how many market and how
many affordable.
COMMISSIONER SCHIFFER: And I really remember that day is that you can have three units. The
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only way you can have four units, if you make that fourth unit -- in other words, what the ratio really should
be, according to the conversation I thought we had, we should have ten units of affordable, 30 units of
market.
CHAIRMAN STRAIN: That was what I was thinking we were heading. I'm a little --
COMMISSIONER SCHIFFER: That's not what--
CHAIRMAN STRAIN: Why don't we suggest that?
COMMISSIONER SCHIFFER: Well, that's -- let's suggest that.
CHAIRMAN STRAIN: So in the coastal high hazard if you want to make up the additional one unit,
you don't apply the matrix. That -- all ofthat one unit applied has to be affordable housing.
COMMISSIONER SCHIFFER: And that would give us six more units than we would got -- we
would get if we don't make that requirement right now.
CHAIRMAN STRAIN: I agree. I thought that's -- unfortunately, I thought that's where we were
heading all along.
COMMISSIONER MURRAY: It would seem reasonable that if you have a density bonus for
affordable housing that it should be built as affordable housing, right?
MR. GIBLIN: Well, no. The bonus comes into the play when -- the bonus is the extra market rate
units that entice the developer to build the affordable units. So that's the -- that's the true essence of the
density bonus.
COMMISSIONER CARON: And in the coastal high hazard area perhaps gap housing would be the
way to go.
CHAIRMAN STRAIN: See what the fear here--
COMMISSIONER CARON: Density bonus.
CHAIRMAN STRAIN: What the fear here would be is developers won't buy it because if they don't
get a mix of additional market, they can't afford to do the affordable. So that's more of an argument to
include the affordable in the base of the three. See people cringe on that one. But it's like I said, if we've got
all this density out there in the books of a base of four, why don't some of the base automatically require,
inclusionary zoning which --
COMMISSIONER MURRAY: I think that's the direction.
COMMISSIONER VIGLIOTTI: That's where we're going.
CHAIRMAN STRAIN: Okay. What do we do?
MR. MULHERE: I'm sorry. Bob Mulhere. I just have one.
Okay. Did you just recommend that the base density in the coastal high hazard area is three, and if you
want to get to four that all of the fourth unit must be affordable?
CHAIRMAN STRAIN: I think we talked about it, I don't think there was a recommendation.
COMMISSIONER MURRAY: I don't think we made that conclusion.
MR. MULHERE: One just comment. And if that's -- if that's what you're recommending, it's very
easy to understand. You -- I would wonder if you would not -- does that term affordable potentially include
some gap housing? And I think if you did, you might actually see somebody out there building some
affordable and some gap.
COMMISSIONER MURRA Y: I wouldn't have a problem with it personally.
MR. MULHERE: I mean they would have to figure out a ratio of that unit. Forty percent gap, 60
percent affordable, I don't know.
CHAIRMAN STRAIN: Bob, in our earlier discussion with David Weeks, he said that staffs going to
come back and everywhere we're discussing affordable in reference in these documents, he's going to
change the language to reflect latest definitions in the LDC.
MR. MULHERE: I recall hearing that.
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CHAIRMAN STRAIN: Okay.
MR. MULHERE: That makes sense. But I still think, Mr. Strain, that they're going to have to figure
out in this case -- you're talking about instead of a percentage, a unit per acre -- that there has to be some
ability to have a ratio of that one unit per acre for gap and for affordable. So it takes a little bit more than
just, in this case --
CHAIRMAN STRAIN: Right.
MR. MULHERE: -- you know, defining it.
CHAIRMAN STRAIN: I'm willing -- I think in this case we're better offleaving the mix ofthat
additional unit to whatever the matrix comes out that's going to be developed and revised and presented to
the BCC and adopted at some point, rather than try to monkey with it here today.
MR. MULHERE: No, I tend to agree, but I just wanted to put it on the record that it -- you know,
there should be some gap housing provision as well as affordable.
COMMISSIONER MURRAY: I thought that that -- in the matrix when it's finally concluded, I
thought that that -- everything is open season in that matrix.
CHAIRMAN STRAIN: That's what I think.
COMMISSIONER MURRAY: Okay. We're not -- we're not precluding that.
CHAIRMAN STRAIN: No.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Okay. We'll move on. Bottom of page 30. I had one question. You have a
reference to a human scale. Is there -- anybody know what a human scale is? I mean I know what a
bathroom scale is.
COMMISSIONER SCHIFFER: That Da Vinci picture of the guy in the circle.
CHAIRMAN STRAIN: What is it when you talk about it in relationship to development? What are
you trying to say?
COMMISSIONER MURRAY: That's a mixed use term.
COMMISSIONER SCHIFFER: Yeah.
COMMISSIONER MURRAY: I'm sorry, a smart growth term.
COMMISSIONER SCHIFFER: Yeah. It means pedestrian oriented.
CHAIRMAN STRAIN: Just so that the court reporter can get everything accurate, we have to go back
to being recognized when we speak.
COMMISSIONER MURRAY: Sorry.
CHAIRMAN STRAIN: No problem. Everybody's running -- it's getting late in the day.
David, could you answer my question in regards to this human scale definition? Is there one or do we
know what that means?
MR. WEEKS: There's not a definition. I agree with what's been stated, that it's a smart growth term
and may even re -- predate the smart growth movement, if you will. But it does refer to pedestrian scale.
The scale of buildings in particular in reference to a human being. To try to put it in a different term, you
would not want to have a ten story building sitting really close to the front setback line. You would want
something much shorter close to the front setback line, closer to the street frontage.
CHAIRMAN STRAIN: Is this -- is this verbiage somehow implemented in the LDC so that we can--
when we reference human scale in the GMP, we know what we're talking about in the Land Development
Code?
MR. WEEKS: Actually, I don't think it is specifically in the LDC, but this would be implemented
through a rezone action because it's in the mixed use activity center language. So when a property comes in
for rezoning, at that time we would consider their development standards as to whether or not they're
meeting the intent of this -- this provision for human scale.
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CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: And I might add when the LDC language for the mixed use comes
forward there will be clearly stated what it is intended, sidewalk, the whole bit.
CHAIRMAN STRAIN: Okay. Thank you. Page 31, anybody have questions on page 31? About the
middle ofthe page you've got 26 units for a hotel, motel, which I know has been I think on the books for a
long time. The conversions -- I know Marco Island's going through a rewrite of some of their districts that
have hotels in them because hotels are starting to convert to residential.
If someone wanted to convert a hotel to residential here, would they have to then convert it on the basis
of the residential density allowed in that particular district they're in? And I'm thinking ofthe coastal high
hazard in particular.
MR. WEEKS: This is where we would -- we would look at that policy, if applicable, FLUE policy 5.1
that we had a lot of discussion about earlier. Looking at the intensity of the existing zoning, in this case the
hotel development, versus what they've proposed. And -- but if they're in the coastal high hazard area, four
is the maximum.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: No exceptions.
CHAIRMAN STRAIN: That's what I wanted to make sure.
Anything else by anybody on page 31? The second to the last paragraph, the last line, you're talking
about a project that's located in the mixed use activity center that is not within the urban residential fringe
district but is within the coastal high hazard area.
Then it says -- and this is about the middle of the paragraph. If such a project is located within the
boundaries of a mixed use activity center which is within the urban residential fringe subdistrict, eligible
density shall be allowed by that subdistrict.
Now, then it goes for residential only project. It seems that you can spread the residential portion ofthe
density but not the commercial. And I'm concerned about if you have mixed use projects. If you have a
mixed use project -- and I think Mercato's a prime example. Can you repeat the Mercato ex -- Mercato
project based on the language in this? And ifnot, is it a distance or a density issue that we have to affIx to
some -- some point from the activity center in order to make that possible?
MR. WEEKS: Answer to the first question is that Mercato would not be allowed, and that's intentional
on staffs part.
The language as it presently exists would be in the last complete paragraph on page 31 where it speaks
to a residential project and it specifically provides that the -- for a project that's a residential project, partly
in and partly outside of the activity center, that the density is allowed at 16 units per acre for the acreage
within the activity center. And it explicitly provides that it can be distributed throughout the whole project.
The purpose for that -- again, this goes back to original plan adoption in '89. The purpose for that is to
-- is to not force the project to have high density in the activity center, and you get outside the activity center
and have a much lower density. It's allowed the density to be spread out so that you might have a
consistent, uniform density throughout the entire project.
In the case of mixed use development, the
incentive provide -- for -- for getting additional
density was intended and should be for doing mixed use
development in the activity center. From a staff
perspective, to me it simply does not make sense to say
you're doing a mixed use development within the activity
center, we're going to let you have the maximum density
measured for your entire acreage.
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So assume you have the entire 40-acre quadrant
and you're doing some commercial and some residential
within that activity center, we would allow you to take
the 40 acres times 16 dwelling units per acre and take
that density and spread a bunch of it outside the
activity center. How has that helped promote mixed use
development in the activity center when that is the
intent?
CHAIRMAN STRAIN: But didn't you find Mercato consistent with the GMP?
MR. WEEKS: Yes, we did. And I'll tell you straight --
CHAIRMAN STRAIN: David, this is confusing now. Did you write this?
MR. WEEKS: I wrote this language to -- to try to make it clear. I mean I -- I believe all along that the
language intent was not to allow for the density to be spread throughout. If you look at the paragraph that
begins on the bottom of page 31 and goes onto 32, this entire paragraph is about mixed use development.
There's a sentence in there on page 32 -- I'm looking for where it says you can spread the density.
CHAIRMAN STRAIN: It'd be the last sentence.
MR. WEEKS: It's the very first -- excuse me. It's the very first complete sentence on the top of 32.
CHAIRMAN STRAIN: All right.
MR. WEEKS: Density -- excuse me. Existing language. Density is calculated based upon the gross
project acreage within the activity center. So that -- that's simply stating that -- that if you're doing a mixed
use development -- and that's what the intent is, this whole paragraph is about mixed use development --
that you can then -- by example, all 40 acres, you can calculate the density that way. But there's nothing in
here that states or in my mind suggests that you could spread that density outside of the activity center.
We're trying to promote a mixed use development in the activity center, and that's why you get the
density bonus. This is a parallel to and the amendment that added this paragraph came about at the same
time about two years ago, when we established the residential mixed use neighborhood subdistrict and also
the commercial mixed use subdistrict.
Both of which allowed for mixed use development, both of which allowed for calculating density of
the entire project, but they do not allow you to take that calculated density and spread it outside of the
commercial component. So this is consistent with how those two provisions read. And, again, it was added
at the same time.
So my -- back to the question ofMercato. I'll just tell you flat out. I think we as staff made an error. I
pulled that analysis that we wrote for that project, and in our analysis we talked about spreading the density
outside. And I think we're just simply wrong. We quoted the paragraph above which talks about a
residential development. Mercato is not a residential development, it is mixed use.
The only saving grace, if there is one, is that -- in the case ofMercato, is that the density granted was
three units per acre. And though I think it would've -- I think the county should have mandated a certain
number of units to be built within the activity center, we did not. Some of those units -- therefore, there's
not a specified number of units to be built.
If they should be -- build a certain number of units within the Mercato's activity center portion, then
that portion outside of the activity center may in fact be at three units per acre and therefore consistent with
-- with the plan. But the short of it is in my opinion we as staff made a mistake.
Now, what did the board approve? Well, the board approved a gross density ofthree units per acre
without specifying where those units are going to be built. So it's going to ultimately come down to a
policy decision for the BCC, what was your intent. Staff is telling you what they -- their -- they -- they
always intended, but the board ultimately will have to say, no, staffwe disagree or, yes, we do agree and
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we're not going to let a Mercato type project happen again. In the sense of spreading that density outside
the activity center.
CHAIRMAN STRAIN: Well, David, compared to the intersection of Airport and Pine Ridge Road
and similar intersections throughout the county, Mercato is a great project. It does a wonder -- I mean it's
got -- it's a good layout, it brings in a lot of smart growth, it brings in mixed use development. I can't see
why we wouldn't want that to happen, versus what we have had happen in other activity centers.
So I would think that rather than hinder projects like that, you would at least -- if you have a concern
about the maximum density overall if you were to allow some contiguous properties to be included with
that project, you limit the distance to how far out you could go and then the maximum density overall and
then you've got all the criteria met to make sure that any projects that happen are of a quality similar to what
we've already approved.
I'm a little surprised that you guys didn't think it's consistent now, but it was then. And I saw that as
one of the positive projects that have come through.
Mr. Murray?
COMMISSIONER MURRAY: In were to own ten acres outside of the activity center and the
necessary acreage inside, it would certainly be to my advantage to expand and utilize the bonuses. But if
we have a boundary, which is what I understand you're trying to establish, you have a boundary and that's
where the bonuses are -- and I guess I'm in direct conflict with you -- it would seem to me that you'd want
to keep that boundary.
Now, otherwise how deep would you go with that? Now, I understood, I thought, what you're talking
about some definition about distance, but in owned an acreage and it extended quite far, where do I draw
the line?
CHAIRMAN STRAIN: I'm suggesting we establish a distance and a maximum density over the
whole thing and then we're covered. But anyway --
COMMISSIONER MURRAY: Is that defensible? Is that -- is that something -- well, I don't know. I
mean I'm not enough -- smart enough to know all this but --
CHAIRMAN STRAIN: Mr. Arnold, did you have some comments since you were the planner for
Mercato?
MR. ARNOLD: I did. Thank you. Wayne Arnold, for the record.
I wanted to address two things. One, I think, David, you may not be aware that there was a late change
in the process, I believe, at the planning commission in which they established a minimum number of units
that had to be developed as an integral component in the activity center. And I believe the number was 50
that was established as a minimum for Mercato.
And I think also, too, keeping in mind I think it -- it talked about in here, I think in reading in this, I
don't -- I didn't think that at the time -- and I don't know that anybody else on our team did either -- that staff
was in error because the language to me contemplates moving the density and using your total gross project
acreage. And also keep in mind that this is for a master plan activity center in this particular case -- and
there are only, what, four of those -- in which they know property owners own property within the activity
center and outside the activity center.
And I guess I agree with Mr. Strain that if the thinking is that we just don't want somebody to have a
thousand acres outside the activity center and they're taking a maximum possible density and then blending
it into the rest of the project, we're okay with that. I think a quarter mile in our case works.
I know there's another example that's in the process, and I think a quarter mile -- a quarter mile from
the activity center works for them, as well. And our particular case, as David said, I think our density was
maybe just a hair over three, but certainly would be less than the potential four unit per acre gross density
that's being contemplated.
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But I think if the concern was not allowing the units to be spread forever and ever into another project,
I would agree with Mr. Strain that the quarter mile distance seems to work just fme, if it's a true mixed use
project. I don't think anybody disagrees with that concept that David's talking about that the project would
need be mixed use where -- it wouldn't be mixed use in the sense that I've got all commercial and then I've
got a stand-alone residential, but it needs to be one where you actually have a mixed use project, and then
you may also have a residential component.
CHAIRMAN STRAIN: Well, my suggestion would be that for mixed use projects, they're allowed to
extend through joint -- through common ownership a quarter mile past the activity center, but not to exceed
a density cap of four units overall gross. That's just a food for thought discussion we'll get into later.
Mr. Mulhere, do you have any comments?
MR. MULHERE: Well, yes, I have a few. Thank you. Bob Mulhere, again, for the record.
I am representing a client who does own property both within a mixed use and potentially master plan,
one ofthe designated master planned activity centers, both within the activity center and without. It is -- it
has not gone through the process fully yet. It's under review. I had some discussions with staff related to a
finding of theirs initially that it wasn't consistent because we did not identify any number of units required
to be constructed, residential units required to be constructed within the commercial activity center portion
of it.
Subsequent to that we -- in speaking with David, David indicated that he felt like there was a mistake
made in Mercato for that reason and that -- that -- that some number of units ought to be required within the
activity center residential to truly make it a mixed use activity center. I think he's gone a little bit beyond
that with his recommendation presently.
At that point it was represented to me that that would be then consistent. Maybe the number might be
arguable. I could see that the number would be -- two is not enough. Is a hundred -- you know. But not
that it would be eliminated completely. And I think he's gone a little bit beyond that with his
recommendation.
Having said that, I do understand his intent. And I think we all agree that these should be mixed use
projects in order to avail yourself ofthe residential component. It's just a question ofthe number. I like
your suggestion of a geographic boundary. I also had just made some notes which I'll share with you, but I
think David talked a little bit before about having -- as part of this discussion about having a transition.
And, you know, perhaps a transition in ternlS of the density within the activity center, to the general
area outside the activity center, to some other area that might be further removed, say from the quarter mile,
I mean it should go from higher density down to lower density. That's part of the whole point here.
Also, in -- had a concept that -- and maybe this doesn't work as well as -- as a geographic ring around
it. You know, just drawing a quarter mile ring around it sand staying within that area. But I had also made
a note that -- which I thought would have been consistent with -- with my previous discussions to -- with
David would have been some minimum percentage of the density that you generate from within the activity
center must be utilized within the activity center. Either way it's just a different way oflooking at it. Thank
you.
CHAIRMAN STRAIN: Thank you.
Mr. Murray?
COMMISSIONER MURRAY: You indicated that, you know, that that's -- that's the process, inferring
almost like density bands, right?
MR. MULHERE: At least one, yeah.
COMMISSIONER MURRAY: Is that really the purpose of mixed use?
MR. MULHERE: No. I think the purpose of mixed use is -- is -- there's a whole bunch of benefits to
mixed use. There's traffic benefits. I think you know, you were involved in the smart growth. My point,
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though, is that -- no, I think that David's point was that in part there should be a transition from the higher
density permitted within the activity center to the -- to the areas outside of the activity center that are only
permitted to have a lower density.
COMMISSIONER MURRAY: Yeah. And I can appreciate that. I guess my concern there would be
-- we don't -- well, I don't. I don't think we should create a bonus because someone happens to own
property contiguous to the activity center and can realize an extra benefit from it unnecessarily.
MR. MULHERE: Right.
COMMISSIONER MURRAY: Now, I could certainly see it ifin mixed use, which the intent I
understand in mixed use is to allow residential to be within that activity center and then to have the
contiguity make sense. Then I could certainly see it. But to -- but you're -- nothing more than commercial
within and residential without doesn't strike me as being a proper --
MR. MULHERE: And we agree, and we're not suggesting that. What I'm suggesting is a project that
is wholly master plan that would be very consistent with the other provisions here that talk about human
scale, pedestrian friendly, mixed use, open, accessible --
COMMISSIONER MURRAY: Very clearly.
MR. MULHERE: -- not gated. Right.
COMMISSIONER MURRAY: Okay. But then I think that --
MR. MULHERE: But I'm saying you ought to be -- you have to have the ability to spread that out and
do a master plan project, as opposed to -- and I -- and originally that, I think, was David's opinion, that some
minimum amount, whatever that is -- I don't think it was -- you know, we were kind of shooting in the dark
a little bit as to what that number would be. But I think he went a little beyond that to say if it's mixed use
none of the density that's generated from the activity center can be spread to the area outside ofthe activity
center. That's my --
CHAIRMAN STRAIN: We need to move forward here, guys.
Go ahead, Mr. Arnold.
MR. ARNOLD: May I speak again? Thank you. Wayne Arnold, again, for the record.
Just wanted to also add that I think that to make the prohibition as staff has proposed here is very
inconsistent with the way that we've treated mixed use projects and other subdistricts. And I also think that
it's inconsistent with the way we've treated pure residential or pure commercial. Because in the form of a
mixed use activity center -- Mercato, for instance, had 27.5 acres or something to that effect that was
technically in the activity center. And the language wasn't clear -- and David's trying to rectify that, as well,
to say the acreage of commercial couldn't be exceeded.
I could theoretically create a diagonal line of 27 acres and extend it for more than a quarter of a mile,
for instance. And what I think we're trying to do is you would -- in the context of what we're doing has to
be in a public hearing. We have to come through a PUD zoning. You're going to get your shot at it. I think
we're simply asking -- I don't want to be the representative of a project that, you know, within three months
after us going through the process and having an endorsement from I think almost every group that we've
talked to that I find myself in a situation where I've got a nonconforming situation and that to go back and
make any amendments to that proj ect puts me in jeopardy of a finding of inconsistency with this plan.
And I n I hope you're on board with our position that we can have some limitations on distance to help
address staffs concern.
CHAIRMAN STRAIN: Thank you, Mr. Arnold.
F or the panel I would suggest that we consider something to the effect that if it's a master plan mixed
use project and can extend up to a quarter mile outside the activity center, not to exceed an overall four
units per acre with -- I would suggest two of those units per acre be located within the activity center. How
does that sound with the commission?
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And, Mr. Weeks, do you have any problems with that? I mean you may have problems with it, but is
it doable?
MR. WEEKS: It's doable.
COMMISSIONER SCHIFFER: My concern is limiting the whole project to four units per acre.
Because we're in an activity center, that's where we should really be packing our density where it's going to
require less transportation. I think the intent of it, I mean.
CHAIRMAN STRAIN: What is the density it could go to, David?
MR. WEEKS: For most activity -- for activity centers not within the urban residential fringe, not
within the coastal high hazard area, 16 units per acre is allowed.
COMMISSIONER MURRA Y: Yeah. And I think Brad's right. We don't want to reduce it where the
intensity belong -- where the density belongs.
CHAIRMAN STRAIN: Well, then just leave it --let's just focus on the distance, and let the density
work itself out in the marketplace with the plan -- master plan unit process that would require them to come
before us anyway.
MR. MULHERE: I just gotta -- if! could, two things. Again, Bob Mulhere.
Mr. Strain, your recommendation -- I just want to clarify because you said -- you said four units per
acre gross max on the entire project.
CHAIRMAN STRAIN: We're discussing that right now.
MR. MULHERE: Okay. I just had one question. But you also said two of those units had to be within
the activity center. I think then you've got a situation where again if you have a very large project, you're
entitled to four units per acre out there, you're taking now units from way outside, I think it has to be tied to
a percentage of the activity center generated density is my suggestion.
In other words, if you want to say 25 percent or 30 percent or 40 percent of the density generated from
the activity center at a minimum that -- that --
CHAIRMAN STRAIN: That makes it a lot -- that makes it a lot cleaner.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Go ahead, Brad.
COMMISSIONER SCHIFFER: And, you know, that percentage could be the percentage ofland that's
outside or inside. I think the odds are you're going to have a larger percent outside ofthe activity center, so
couldn't you distribute the density based on that percentage?
CHAIRMAN STRAIN: I have a great suggestion. David, why don't you work on some rewrite of this
language and bring it back to us when we reconvene on this issue tomorrow or whatever next week,
whatever's -- when you tell us you've got the language, before we vote on the FLUE we'd like to have it.
MR. WEEKS: Okay. I think your one direction is that this would be limited to spreading the density
out for a -- if it's a mixed use development in a master planned activity center.
CHAIRMAN STRAIN: Yes, yes. And with that we are going to take a break until 4:30. When we
come back, we're going to discuss when this commission's going to end its meeting today. Thank you.
(A brief recess was taken.)
CHAIRMAN STRAIN: Now, I believe, Mr. Murray, you had a 7:00 appointment?
COMMISSIONER MURRAY: I have -- we have town meeting tonight.
CHAIRMAN STRAIN: Ifwe were to break by 6:00 would that work for you?
COMMISSIONER MURRAY: That'd be fine. Thank you.
CHAIRMAN STRAIN: Mr. Kolflat, would 6:00 work for you?
COMMISSIONER KOLFLAT: Yep.
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: I'm fine.
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CHAIRMAN STRAIN: Donna?
COMMISSIONER CARON: Good.
CHAIRMAN STRAIN: Okay. So -- Miss Court Reporter, does 6:00 work for you? Without you we
are in dire straits.
COURT REPORTER: It works.
CHAIRMAN STRAIN: Thank you.
With that, we left off on page 32. And David was going to come back for the top of that page with
some revised language before we finish. Not today, but whatever day we get into that.
Miss Caron, I think you had an element to discuss on the balance of page 32 and over to page 33?
COMMISSIONER CARON: Yeah. I was just wondering if all of these factors to be considered
during the review rezone, should all this go into the LDC and not in the GMP, or is there a reason for it to
be here?
MR. WEEKS: Two things. One, this -- these factors have been in the plan since its adoption in '89.
Secondly, we have a separate set of rezone criteria in the Land Development Code which have the broad
applicability whereas this is only applicable to the activity center. I would suggest we leave it here.
CHAIRMAN STRAIN: Okay. Does that answer your question?
COMMISSIONER CARON: Yep.
CHAIRMAN STRAIN: Move on to page 33. Anybody have any questions on page 33? Hearing
none, I'll move on to page 34. Are there any questions on page 34?
David, on the number two, towards the bottom of page 34, I have three words I wanted to ask you
about. The first one, if you go to the third line up, about the middle of the line, it says the word shall.
Would that be better used as the word may?
MR. WEEKS: Third line from the bottom?
CHAIRMAN STRAIN : Yes. About halfway across the line.
MR. WEEKS: Okay.
CHAIRMAN STRAIN: See the word shall? We're on page 34.
MR. WEEKS: Uh-huh. Let me get the context. You want to change that to may?
CHAIRMAN STRAIN: Well, I'm just thinking it would be -- that flexibility might be better.
MR. WEEKS: No, sir. Because this is--
CHAIRMAN STRAIN: That's why I was asking.
MR. WEEKS: The sentence is -- is providing for maximum amount of commercial development.
CHAIRMAN STRAIN: I just want to make sure we're not telling someone they gotta build to the
maxImum.
MR. WEEKS: Let me double-check that. I'm having trouble concentrating, but I think you're right,
actually. The more I read it, I think you're right. What I'll-- what I'll--
CHAIRMAN STRAIN: You can just come back to us on it.
MR. WEEKS: Yeah.
CHAIRMAN STRAIN: If you go eight lines up, you'll see the same word appear after the word area,
the left side of the sentence this time. Area shall be used. If you could just check that maybe those shalls
should be may and get back to us next week, whenever we remeet. I'll make a note that page 34 is coming
back.
Further up -- actually it's the fifth line down from the beginning of that paragraph, all the way to the
right, the added language. It says to the extent of the unified control. I'm just wondering how the word
extent factors in or what is it you're trying to get to with that -- is that the right word? Is it self-defIning?
MR. WEEKS: That -- the master planned activity centers allow for a person that controls a certain
amount of the activity center to change the boundary. Mercato's been discussed previously and that was
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one example. They controlled a certain amount of the activity center, so they were allowed to reconfigure
the shape. They could not exceed the acreage within the activity center, but just reconfigure it.
This is trying to make it clear that you can only reconfigure to the extent of the unified control. If you
don't own the entire activity center acreage, you cannot change the entire activity center acreage.
CHAIRMAN STRAIN: That's what I was trying to get at. So you only can change the property you
own, obviously.
MR. WEEKS: That's the point, yes, sir.
CHAIRMAN STRAIN: Okay. I have no other questions on 34. We're on to 35. Does anybody have
questions on 35?
David, on 35 in the -- we have paragraph number three, and just above that you have some strikeouts.
And if you go to the beginning of the strikeout and back up to the next sentence above it, again, the word
shall pops up. And I always read these wondering if shall is the right word and not may. So in your review
of page -- this is all part of that paragraph two where we started. Would you look at that one, as well, when
you come back to us?
MR. WEEKS: I can tell you this one is intentional because this activity center imposes a cap on the
amount of commercial development that is allowed. So in this case, saying the shall is accurate. So it's --
it's precluding any additional commercial beyond the 45 acres allowed.
CHAIRMAN STRAIN: Okay.
MR. MULHERE: Mr. Chairman, I had a comment, I'm sorry, on two, but also -- but is on this page.
CHAIRMAN STRAIN: Goaheoo.
MR. MULHERE: The top of the page. My pages don't exactly match yours, but starting with the
sentence under two that says the maximum amount of commercial uses permitted at activity center seven
and then continues down to -- to -- to list -- this is the Hammock park commerce center and has specific use
limitations.
CHAIRMAN STRAIN: Bob, I can't find it. Oh, yeah.
MR. MULHERE: Well, it goes further down.
CHAIRMAN STRAIN: You start on page 34 is where it starts.
MR. MULHERE: Right. There are specific use limitations. That activity center, including these 19
acres that have specific use limitations placed on them, are immediately adjacent to the -- the new Collier
Regional Medical Center. The plan -- I think it's on page 14 or 15 of yours. I can read it to you, it's fairly
brief.
But the -- by the way, I previously spoke to David regarding this during a break. But the plan allows
support medical facility, such as physicians' offices, medical clinics, medical treatment centers, et cetera,
anywhere within a quarter mile of existing or approved hospitals. And I'm suggesting that that's an
appropriate place to allow those uses. It's immediately adjacent to the new hospital.
And I spoke with David and I think David can speak for himself, but I think he did not object or did
not have an objection to that. So I'd like to ask that we would be able to reference back to that section or
those uses that are allowed everywhere else in the county within a quarter mile of a hospital.
CHAIRMAN STRAIN: Now that we have another hospital location --
MR. MULHERE: Correct.
CHAIRMAN STRAIN: -- makes sense to apply it.
David, do you see any problems with that?
MR. WEEKS: I concur. I just quickly mention that as a result of a private GMP amendment is how
this -- this additional 19 acres or so was -- was expanded into that activity center. Those use limitations
were part of that private amendment where they were -- their argument was we're not proposing normal
activity center uses, we're proposing these special types of uses. So they were limited to those. I concur
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with Bob that it's appropriate to allow for these support medical uses.
CHAIRMAN STRAIN: Since you're going to be looking at this paragraph two in response to our
other questioning, can you just look at it in this regard too and --
MR. WEEKS: Certainly.
CHAIRMAN STRAIN: -- propose any language that makes it work better?
MR. MULHERE: Thank you.
CHAIRMAN STRAIN: Okay. Any other questions on page 35? Page 36? Page 371
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir?
COMMISSIONER SCHIFFER: We're back to that developments that are partial in and partial out. So
at the last -- second to last paragraph, the large one, mixed use developments, the end of that discusses that.
I mean --
CHAIRMAN STRAIN: What page are you on, Brad?
COMMISSIONER MURRAY: Thirty-seven.
COMMISSIONER SCHIFFER: Thirty-seven. Again, it's--
CHAIRMAN STRAIN: These aren't master plan activity centers, though, are they? These are
interchange activity centers. Does that--
MR. WEEKS: Correct.
CHAIRMAN STRAIN: -- connotate a difference, David?
MR. WEEKS: Yes, it does.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: So you want it the way that is?
MR. WEEKS: Yes. The mixed use activity centers have the provision for being master plan.
CHAIRMAN STRAIN: Right. These have a lot of more intense uses than just mixed use activity
centers.
COMMISSIONER SCHIFFER: But they are mixed use developments.
CHAIRMAN STRAIN: On page 37, if we go to the last full paragraph on the page, starts with mixed
use developments, do you see the second sentence there? Such mixed use projects are intended to be
developed to human scale. On page 31 -- all that language was struck at the bottom of page 31. That mixed
use development description -- was it struck to add it here?
MR. WEEKS: No, sir. Because they're two different subdistricts. One's the -- page 31 is the mixed
use activity center, and page 37 is the interchange activity center.
CHAIRMAN STRAIN: But is the -- if you struck it out once should it be struck on the others is kind
of what I am asking.
MR. WEEKS: I agree they should be consistent because they're both similar provisions.
CHAIRMAN STRAIN: So they -- we should strike both sentences there?
MR. WEEKS: Yes.
CHAIRMAN STRAIN: So--
COMMISSIONER SCHIFFER: I mean I -- I think the sentence has an intent. We don't want the
intent or --
CHAIRMAN STRAIN: Well, they didn't want it in page 31, mixed use developments there, and I
notice that the same language was moved over and redescribed in page 30 in some regards. So I was
assuming there was a reason to move it.
COMMISSIONER SCHIFFER: We have it on the top of 31, we don't have it at the bottom.
CHAIRMAN STRAIN: Right.
COMMISSIONER CARON: So it is still in there.
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CHAIRMAN STRAIN: Well, yeah but -- that is the same.
COMMISSIONER SCHIFFER: I mean from a design standpoint it mean something to --
MR. WEEKS: My mistake. That language on page 31 that was struck through is moved over right to
page 30.
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: We just relocated it. So back to page 37, we should not delete that.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: My apologies.
CHAIRMAN STRAIN: Any other questions on page 371 Page 38? Page 39? Page 40? Page 41?
Page --
MR. WEEKS: Pardon me, Mr. Chairman. On page 41 -- I forget who it was, might've been Bruce
Anderson. Anyway, someone approached me earlier today. On page 41, at the bottom, under number 11,
the second and third line shows a strike through ofthe phrase in addition to uses allowed in the plan, and
staff would ask that we not delete that language.
The reason is that this was as a result of a private amendment, and it was intentional to allow uses on
the property beyond just the commercial ones identified here, and staff would have no objection to allowing
that language to remain.
CHAIRMAN STRAIN: Okay. Anybody have a problem with that on the commission? Okay, David.
Page 42. Page 42 and 43, just for the record, on page 42 we have an item Roman Numeral II,
agricultural rural designation, A and then G. That's struck through. And it's reinstated on page 43, under re
-- neutral lands B, S. That is a project that a gentleman I work for is involved with, so I will abstain from
commenting or voting or any of my votes will not include a reference to that. So in the future when we
vote on this element, I'm not including any reference to that particular item, and I will file the appropriate
paperwork with the court reporter probably tomorrow. I don't have it with me.
MR. WEEKS: On that point, Mr. Chairman, I'll just point out that all we've done is simply relocated
the text. Because of the creation ofthe rural fringe mixed use district, the subject property is now
designated neutral lands. So that text needed to be located there, as opposed to where it previously was
located.
CHAIRMAN STRAIN: Are there any other questions on 42 or 43? Page 44?
David, on the top of page 44, in bold, you've got a -- a series of words. When you go to check the
language that you're going to replace for substituting in the new LDC definitions involving affordable
housing or gap, just out of -- wouldn't that be one of them you'd look at?
MR. WEEKS: Yes, sir. That's the reason it's bolded and italicized.
CHAIRMAN STRAIN: The same thing about the bottom -- towards the bottom of page two, right?
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: Okay. Page 45? Page 46? This is a north Belle Meade overlay. I had one
question. The RCW nesting and foraging habitat has been mapped and used to delineate areas that are
appropriately designated as sending lands.
Were there other criteria, David, besides the RCW habitat that lended this -- lent this area to be
designated as sending lands?
MR. WEEKS: No, no, sir. That's the single criteria. As you hopefully can see, the existing language,
when the rural fringe amendments were adopted, required that the county conduct a red-cockaded
woodpecker survey specific to section -- specific to the north Belle Meade area to determine if the
designation of neutral, which is what it is today, should remain or should be changed to something else.
This was an area of contention during the rural fringe adoption process. And as a result of that
woodpecker survey, staff is proposing that the section 24 be changed from neutral to sending. You see it
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here -- the text changed simply to reflect that the study has occurred, and we are changing the designation.
And then later in this document, under the future land use map series, you will see the same thing, that we
show that we're changing the designation.
CHAIRMAN STRAIN: Okay. Thank you.
MR. COHEN: Mr. Chairman, we have speakers on this item.
CHAIRMAN STRAIN: Speakers?
MR. COHEN: It's my understanding two.
CHAIRMAN STRAIN: Okay.
MR. COHEN: First up, Mr. Andy Woodruff.
CHAIRMAN STRAIN: Mr. Woodruff, it's your turn.
MR. WOODRUFF: Thank you. Andy Woodruff, for the record.
If I might just address some comments with regard to the study that was performed presumably for this
section 24. I have a copy of the study that was given to me by staff. It's entitled North Belle Meade
Overlay Habitat Recovery Plan.
Okay. And I've got some concerns with the study that was done and whether it truly addressed the
condition that was in the -- the FLUE element. Specifically with regard to it being a specific study for RCW
nesting and foraging habitat in section 24.
The study was conducted for the entire Belle Meade overlay, which is about 1600 -- I mean 16
thousand acres. And it's not a specific study for section 24, which I thought was what was spelled out in the
FLUE element. If you look at the study and you go through it -- I don't know if you have a copy of this
before you or not.
CHAIRMAN STRAIN: No, we do not.
MR. WOODRUFF: Okay. I've got some of the pertinent pages. Basically, the first 11 pages are the
ecology of the bird, which is just a literature reference, essentially. Ifwe get into the meat of the document
CHAIRMAN STRAIN: Before you go too far, who did the study?
MR. WOODRUFF: The study was done by Southern Biomes for Collier County. I believe that's how
it's referenced on the cover sheet there.
CHAIRMAN STRAIN: Yeah, that's the -- the guy's been around a long time. What's his -- the
owner's name?
MR. WOODRUFF: Geza.
CHAIRMAN STRAIN: Geza, yes. Okay.
MR. WOODRUFF: Yeah. Don't ask me to pronounce his last name.
CHAIRMAN STRAIN: No. I --I've known him for a lot of years, many years ago.
MR. WOODRUFF: Okay. The study was done, like I said, for the -- the North Belle Meade. I don't
find any evidence that anybody actually stepped foot on section 24 to do an assessment for RCW foraging
or nesting habitat. The study was based on photo interpretation.
As you can see there, it's got 2001 color aerial photographs at 400 scale. A 400 scale photograph,
that's about a 13-inch square that you're looking at for a section ofland. And to assess the piece of property
based on visual photo interpretation at that scale, especially with the variables that were reported in this
report, including the percent of pine canopy, the composition of subcanopy -- I don't know how you
determine the subcanopy composition off of an aerial photograph with that scale -- density of canopy,
density ofmelaleuca, density of other canopy species, proximity to open pine areas with mature pines, and
potential for restoration, which I'll bring up again.
The study basically concluded -- and I don't know how they made this conclusion based on these
variables because I don't know what data that they used to assess section 24 based on these variables. It just
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comes from this methodology section of these variables that they use, and then all of the sudden we get a --
a map depicting an overlay of cavity nesting habitat and foraging habitat.
And this is the -- the end result ofthe study. And the section 24 up in your top left corner is basically --
three-quarters there has been mapped as a cavity habitat based on this study, and then there are some other
areas identified by this study. The other areas are essentially areas that are previously developed. The Hide
Out Golf Club is in the bottom left, and then there's some agricultural lands in the top right and I believe
some residential properties in the bottom right that were mapped as some other properties.
But like I said, I don't know how they made this conclusion based on the variables and the
methodology that they used. They didn't have any evidence that RCWs were actually utilizing section 24.
They presented nothing in the document to say that we currently have RCW's there, either nesting or
foraging.
There is some reference to a 1993 record from U.S. Fish and Wildlife Service that's depicted on one of
their drawings, but I don't know what the current situation is with that reference.
The real kicker for me when I looked at this was I was trying to make -- trying to understand how they
determined what they had done here. And it appears that if you look -- some of their methodology section,
it states this not only includes mature trees -- and this is how they assess cavity habitat -- but also associated
open pine woodlands, savannas, or potential open pine woodlands that can be created through habitat
restoration efforts.
So I read that, and then I looked at their variables that they used. And here's the last variable that they
used to assess the habitat and its potential for restoration. And it says as previously mentioned, pine
associated habitats, whether pine or melaleuca, pine or cabbage palm or dominantly dense pine forests have
the potential, through appropriate forest management practices, to be restored for RCW habitat. Therefore,
areas meeting those criteria were also included as RCW habitats, if sufficient pine density existed.
So basically, what that tells me is any area with pine in this study was mapped as either cavity RCW or
nesting RCW, which is confusing to me if this was supposed to really be a true study of the current nesting
and foraging habitat for RCW's in this area.
Certainly there are areas that have the potential to be restored or created for RCWs, and those areas
extend far outside of this box. And, you know, you can make a case that it should include most of
southwest Florida if that's the route that we're going. But I don't think it was appropriate to put this overlay
on these properties without having done a study, a true study, of what currently existed on those properties.
CHAIRMAN STRAIN: Thank you. Is that--
MR. WOODRUFF: I would make one other point in that the -- I think the current proposal, the way
it's being reworded, is to consider all of section 24 for sending designation when there clearly are other
areas in section 24, including -- obviously there are developed areas.
And this is an overlay from the GIS map that we obtained from the county database, which is what this
study had prepared. So the blue hatched areas are the areas that they're quantifying as the RCW cavity
habitat. The other areas are the clear areas that are crosshatched there that include, like I said, areas
previously developed. There's some golf course, there's some agricultural use, and there's some residential
use.
A lot of those habitats, like the golf and some of the agricultural use, border other lands outside of this
zone which are, I believe, receiving areas. So if there is an intent to completely reclassify this section, I
don't think it would be appropriate to include some of these other developed lands, as well.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: Could you --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yes, thank you. Could you just help me a moment, please? Is this all
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24, or could you point -- is this a1l24?
MR. WOODRUFF: Yes, this is all of24 inside of the red box that you're looking at.
COMMISSIONER MURRAY: Okay. That's what I needed to understand.
MR. WOODRUFF: Yeah.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Okay. Mr. Woodruff, thank you. I'm sure we're going to have some
questions of staff, and I want -- we've got to hear the other speakers, too.
MR. WOODRUFF: Thank you.
CHAIRMAN STRAIN: Appreciate your inforn1ation.
MR. COHEN: The next speaker is Nancy Payton.
MS. PAYTON: Good afternoon. Nancy Payton representing the Florida Wildlife Federation.
And I'll start with a little background. Is that during the rural -- I'll be brief.
CHAIRMAN STRAIN: I'm just keeping track, but that's okay.
MS. PAYTON: Rural fringe assessment, section 24 through the county's research and study of the
area, came up as sending. So the science has supported section 24 being sending land from the initial rural
fringe assessment.
When it came time to actually designate it, there was political pressure from landowners. And also the
issue at the time there was a school site in section 24 that at the final hearing there was an agreement that
there would be a designation -- interim designation of sending -- excuse me, of neutral for section 24 with a
vegetation protection being the same level as sending areas. And that would allow some protection while
the study took place.
The study was done as referenced by Geza Wass de Czege who has done on the ground evaluation of
section 24. He was a school board biologist for that area. And apparently, from what he's told me, he's also
done other evaluations in section 24. So he does have some historical knowledge of on the ground values
of those lands.
The study took place, the study came back confirming what was done during the rural fringe
assessment. The section 24 rises to the level of sending. There was a misrepresented -- misrepresentation
by Mr. Woodruff that section 24 only abets -- abuts sending land. It does not abut any receiving lands in
North Belle Meade.
The county sponsored the study. It confirms there are active RCW birds using that area. It's my
understanding that the company that Mr. Woodruff works for monitors the RCW s at the golf course.
There has been -- there have been requests oflandowners to come on the property and evaluate the
RCW s, and biologists have been denied access. So there has not been landowner cooperation with the
study, and that kind of gives you an inkling of what might be there. Because if they didn't have RCW s, they
probably would say come on and look all you want.
Collier County's Conservation Collier program recently purchased the school board site in section 24.
It has high environmental values. The reason the county -- the county school board made it available to
Conservation Collier is that through evaluation of permitting, they realized that there were too many
hurdles. It was going to be too difficult to permit that site because of the listed species.
RCW s do use particularly the bottom area ofthis site, as we've been told, and that area was going to be
mitigation area. So, again, I stress that there are RCWs actively using section 24. The studies -- and I say
studies -- do confirm that it is habitat. And, therefore, the data and analysis clearly supports section 24 as
being sending.
So I hope that you will support staff and those of us who have worked for years to get section 24
properly protected. Thank you.
CHAIRMAN STRAIN: Thank you. I think we're going to have -- going to need an explanation Mr.
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Lorenz as -- to help us sort this out.
MR. LORENZ: Yes. For the record, Bill Lorenz, Environmental Services Director.
Let me just go through a couple of things here for you. As -- as Andy showed you, this is -- this is the
section 24 that -- that we have under -- under review in terms ofthis amendment. The whole area that you
see here is the North Belle Meade overlay district.
You can see it a little bit better in this map of where we have -- within the North Belle Meade overlay
district we have the neutral area, which is currently section 24, sending lands broken up as sending and then
also NRP A or NRP A sending, which is this area here. Some neutral up in this section, some sending land
here, and then the Belle Meade receiving district. The RI is technically not in the North Belle Meade
overlay district. That's that rural industrial district.
When -- when we looked at this assessment, the question came within the -- the original amendments
was characteristics of section 24 any different than the rest of the sending lands within the North Belle
overlay district to actually put it in a different status. And that was the -- that was the question that -- that
the board had in front of it when they adopted the -- the regulations.
So one ofthe things that we wanted to have our consultant to do in -- Geza is -- was selected because
he has on the ground experience within a variety of different properties within North Belle Meade, in -- in
addition to section 24. So although for our purposes he -- he could not get permission to go on all the
properties, he did his assessment using aerials, using his local knowledge of doing the report that has been
referenced to.
Based upon his data and information that he -- he provided, in terms of cal -- making an assessment as
to what is cavity -- cavity tree habitat and also foraging habitat, that total together gives you the RCW
habitat.
We were then able to just simply do the GIS analysis to look at that RCW habitat as a percentage of
the total area for those various land use designations, and that's what this slide depicts. So if we look at
simply the -- the -- the area of section 24 that's RCW habitat as being proposed by Geza, who is our expert
who did this study, you see in section 24 65 percent of that total area within that section rises to the -- rises
to the level as RCW habitat. So that compares favorably with the other sending land designations within
the North Belle Meade.
When you look at some of the other designations like NRP A sending, the NRP A sending was a large
part to the east. It had various other characteristics with regard to wetland land cover, and that's why it
raised to the level ofNRP A sending. But for RCW it -- it wasn't as important for RCW as the other sending
lands were.
Neutral lands, you can see 27 percent, and then receiving lands which is the area that we're trying to
direct the -- the land use to is -- only has 15 percent of its lands were classified as RCW habitat lands.
I am not an RCW expert. That's why we hired Geza and Southern Biomes to perform the study to
provide the information. Would -- data is available. His expertise is what we are relying upon in terms of
mapping. What he would consider as appropriate RCW habitat and the analysis is what -- the study is what
he found, and this is some -- another way of kind of assessing the data.
Therefore, from our assessment of his information, we would certainly conclude that section 24 lands,
for purposes ofRCW habitat mapping, is fairly similar with the other sending lands and therefore should be
considered sending lands, not neutral lands.
CHAIRMAN STRAIN: Thank you, Bill. I have a question that's kind of bothering me. The section
24 land that is being looked at primarily, is it -- that big piece ofland owned by primarily one landowner?
MR. LORENZ: I'm not sure of the ownership pattern. I can go back to the map.
CHAIRMAN STRAIN: Were the landowners aware that this was being considered for sending lands?
MR. LORENZ: We did not have any -- any specific advertisement to the -- to the property owners
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concerning this. I mean the only -- the only reference that we have to it is through the -- the -- what
originally the Growth Management Plan required us to do when we did the study. I did have a distribution
list of -- of individuals who were part of a North Belle Meade e-mail list that I had, but it was not going out
to individual property owners.
CHAIRMAN STRAIN: Okay. I'll try to be as direct as I can. Mr. Woodruff obviously represents
somebody. Does the somebody he represents know that this is being considered as a sending a land, or is
he here just because he wants to talk about this subject?
MR. LORENZ: I -- I would have to ask him that.
CHAIRMAN STRAIN: Where I'm trying to go is ifthey -- who prevented the county from looking at
the site? Was it the same people who are now disputing the ability ofthis to be labeled as sending land
versus a neutral land?
MR. LORENZ: I -- I don't know. I don't know who was--
CHAIRMAN STRAIN: Okay. Mr. Murray?
COMMISSIONER MURRAY: Just a follow-up on that. You have e-mails and so forth about who all
-- you know, the parties to be contacted, but--
MR. LORENZ: Well, no, I wouldn't say I have e-mails of all the property owners, no. I just __
COMMISSIONER MURRAY: Okay. Well, let me get to the point. What -- what came to my mind
was was permission sought to enter the lands for the purposes of the study by -- by the person who or
persons who were chosen to perform the study? And I'm assuming there's more than one owner by
inference, anyway.
MR. LORENZ: Yeah. I can't remember if we actually tried -- tried to do that explicitly with -- with
our -- with our consultant.
COMMISSIONER MURRAY: So the study was based really on anecdotal --
MR. LORENZ: His local -- no. His -- his local knowledge and assessment of -- of aerial photographs
of what the -- of what the habitats -- the vegetative signatures would be there.
COMMISSIONER MURRAY: Has the county utilized that format in any other past activity and has
been deemed acceptable?
MR. LORENZ: Oh, yes. That's very typical for Growth Management Plan assessments. We -- that's
the type of analysis that we did for -- to support the -- all of the rural fringe amendments.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: I was following up on a question -- on my questioning because Miss Payton
indicated that the landowners did not allow access to the property, which is something of a telltale sign.
And that certainly would be interesting to know that the land -- that the county was aware and tried to get
on the property and couldn't. And you're telling me that's not the case?
MR. LORENZ: I have -- I have to check with our consultant because I know that we -- that when we
discussed some of this with him in terms of the preliminary planning -- because this goes back several years
-- he was -- he was familiar with some of the property, and he was not -- I can't remember exactly whether
he actually tried to get some permission and couldn't or simply just relied upon his -- his -- his expertise. I
-- I -- I'll have to ask that question ofhim specifically.
CHAIRMAN STRAIN: I -- that is a serious consideration. I mean if someone's not letting you review
the property and they're here today and telling you that the property isn't what it is because you didn't
review it, that certainly--
MR. LORENZ: I don't --
CHAIRMAN STRAIN: -- puts a twist on thing.
MR. LORENZ: I don't -- I don't want to -- I -- I'm not saying that.
MS. PAYTON: I could clarify my comment.
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MR. LORENZ: I'm not saying that. I would like to -- I would like to say that we -- we applied the--
when we hired the consultant, we asked him to go through the -- the procedures, evaluate the services for
us, and we approved that scope of services. It -- it may not have included a complete calling all of the
property owners and getting their permission. I don't a want to -- I don't want to --
CHAIRMAN STRAIN: Let me get a quick clarification --
MR. LORENZ: -- represent that.
CHAIRMAN STRAIN: -- from Miss Payton on her statement.
MS. PAYTON: Clarification. There are a number of activities that are going on in North Belle Meade
relating to protecting red-cockaded woodpeckers. And one of those is a habitat conservation plan for the
city gate project.
Also, Dr. Hussey has on his property an RCW expert working on evaluating that property. And this
biologist, Roy DeLotelle, has attempted to get on all the lands that have been identified as having
red-cockaded woodpeckers. And that golf course in section 24 has red-cockaded woodpeckers, and they
would not allow them on -- allow Mr. DeLotelle on the property.
Also, back when the -- it was being debated during the transmittal and adoption hearings, there was
one land owner who drove up in an automobile that's paid more than what I paid for my condo and pleaded
that he was going to be poverty stricken ifhe couldn't have sending lands in North Belle Meade because of
his property. And during the discussion he was approached about opening up his lands and allowing them
to be evaluated for their RCW values. And he denied, no, he would not allow people on his property. He
would not cooperate with the study. And you can go back in the record and you can find that.
CHAIRMAN STRAIN: Do you know any landowner within section 24 that Geza specifically asked
for --
MS. PAYTON: No, I don't.
CHAIRMAN STRAIN: -- access to the property and he was turned down?
MS. PAYTON: I cannot tell you that, but I can tell you there have been attempts to get on the land
through other planning efforts, and there has not been cooperation.
CHAIRMAN STRAIN: I'm just focussing on the study that --
MS. PAYTON: And the land -- and we do know one landowner who said he would not cooperate
with Geza's study.
CHAIRMAN STRAIN: Okay. Thank you. I appreciate it.
MS. PAYTON: You're welcome.
CHAIRMAN STRAIN: Now that we got to the bottom of that issue, I have one more issue.
MR. LORENZ: Yes.
CHAIRMAN STRAIN: This monitoring RTWs on the golf course. Is monitoring on that golf course
being done that you know of, Bill?
MR. LORENZ: I'm not familiar with the details of that.
CHAIRMAN STRAIN: Okay. I've been hitting a lot of zeros here in answers to our questions. Is this
study available for this panel?
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Could we have a copy distributed through tomorrow morning's meeting so
that we can bring this issue back for discussion next week, after we've had time to review the study
ourselves so we can decide?
MR. LORENZ: Certainly.
CHAIRMAN STRAIN: From first-hand experience of the study, what we think of it. Does anybody
have a problem with that?
COMMISSIONER MURRAY: I think it's a good idea.
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CHAIRMAN STRAIN: Okay.
MR. LORENZ: I would like -- and, again, I would like to make -- I would like to make a -- a -- the
observation, though, that in terms of data and analysis for -- for Growth Management Plan amendments,
this particular study would be -- would be very acceptable for -- for DCA's requirements and for our
requirements.
Also, if we can't -- if -- you have to realize that this is -- this study was done for not just section 24.
We're comparing this data for all of the property within the North Belle Meade overlay. And it's just -- it's
just not feasible to be able to get on all of the property to do that kind of analysis.
So -- so that's just -- just understand that -- that even if you could get on one person's property, the
likelihood of getting on all of the properties and doing that complete assessment would -- would be way--
way beyond the scope of what we could accomplish.
CHAIRMAN STRAIN: And I understand that, Bill, but I also understand that somehow this GMP
language had this language placed in this that says this shall be accomplished by a study specific to section
24. I want to see how specific this study is so that we can match it to the language in the GMP that study
should have been matched to. Okay?
MR. LORENZ: Sure.
CHAIRMAN STRAIN: So if you could see that we each get copies tomorrow morning -- we're going
to be here at 9:00 -- I would appreciate that.
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Thank you.
Mr. Passarella, did you have something you wanted to follow up on very quickly?
MR. PASSARELLA: Is this going to be reviewed tomorrow or next week?
CHAIRMAN STRAIN: No. We're going get to -- we're going to have to finish reviewing it next
week. I'd like to see the study, I'd like each of us to have the time to read it, and then we'll discuss it again
whenever our meeting is continued to next week.
MR. PASSARELLA: Okay. I would like to attend that meeting next week after you've had a chance
to review that.
CHAIRMAN STRAIN: Oh, I'm sure. You need to call Randy or David after tomorrow's meeting, and
we'll have it scheduled.
MR. PASSARELLA: Okay.
CHAIRMAN STRAIN: Do you represent the owner of the golf course that's out there?
MR. PASSARELLA: We did work for the golf course. I have done some permitting work for that
golf course. That was probably over six or seven years now that we did that work. I actually did some of
that work --
CHAIRMAN STRAIN: That's fine.
MR. PASSARELLA: -- on that property, so I am familiar with that -- with that golf course.
CHAIRMAN STRAIN: Are you currently monitoring the golf course?
MR. PASSARELLA: I don't believe that we are currently monitoring that golf course anymore. My
understanding is our permit conditions had a time line that we had to monitor. I'm not currently involved in
that project anymore.
CHAIRMAN STRAIN: When you were involved in it, do you recall ifthere was an RCW issue with
that golf course?
MR. PASSARELLA: Yes. We had to permit for RCW for that golf course, so yes.
CHAIRMAN STRAIN: Okay. The golf course basically is surrounded by this -- this sending __
proposed sending lands on at least two sides that I can see on the map in front of us.
MR. PASSARELLA: Correct. And my point would be that we had RCW s on that golf course at the
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time we did the permitting. Which was, like I said, six or seven years ago. If you do not manage this land
for RCWs, they will disappear. They will not stay in habitat that is being taken over with under store
vegetation. It's not being managed with prescribed fire or other management techniques to keep those
RCW s there.
And I think that's part ofthe point I want to make with the study that was done is part of the study is
simply based on the potential for this to support RCWs if you were to go in and create habitat for them. I
don't know that there's RCW there on the property anymore.
CHAIRMAN STRAIN: I think we can -- we can deduce that from our reading of the study, and we'll
have any questions for you next week --
MR. PASSARELLA: Okay.
CHAIRMAN STRAIN: -- when we bring this back up again.
MR. PASSARELLA: Thank you.
CHAIRMAN STRAIN: Miss Payton, be short.
MS. PAYTON: Yes. Nancy Payton, Florida wildlife.
I would just like to comment that in sending lands there are incentive to restore habitat. You receive
additional bonus TDRs for restoration and for conveyance. So there are landowner incentives to restore
what might be less than optimum habitat.
CHAIRMAN STRAIN: Thank you.
And Mr. Schiffer?
COMMISSIONER SCHIFFER: Nancy, one thing you mentioned, that the landowner wanted his
property to become a sending land, correct? Remember you said --
MS. PAYTON: Oh, I misspoke if! said that.
COMMISSIONER SCHIFFER: You did?
MS. PAYTON: A receiving land. I'm sorry.
COMMISSIONER SCHIFFER: Okay.
MS. PAYTON: Because he wanted to develop it to optimum levels.
CHAIRMAN STRAIN: But you don't know where this landowner owned the land that he was
referring to?
MS. PAYTON: Well, I -- I do have all that documentation in my office. I came here quickly because
I was not aware that -- until earlier today that section 24 was going to be discussed, and I didn't have an
opportunity to get all my documents together. But he does own land, some platted land in section 24.
CHAIRMAN STRAIN: Okay. Thank you.
I think with that we'll just wait until we get the report tomorrow, and we'll rediscuss this next week
when it comes back.
Let's move on to -- anything -- any other questions on page 46? Page 471 Page 48? Page 49? One of
you guys have a question?
COMMISSIONER SCHIFFER: No, I didn't. I don't have a question on Bayshore.
CHAIRMAN STRAIN: Okay. Page 50?
COMMISSIONER SCHIFFER: I have a couple of 50 questions.
CHAIRMAN STRAIN: Go right ahead, sir.
COMMISSIONER SCHIFFER: And, David, and -- and it's about the 12 unit -- the 12 dwelling units
to qualify, the requirements.
MR. WEEKS: Uh-huh.
COMMISSIONER SCHIFFER: What does A mean? Why is A in there? Because essentially this is
how to qualify for the residential. Why does it say commercial -- only commercial buildings are -- it's
getting late, I'm not talking too good. Let me try this again.
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March 8, 2006
In eight, essentially what we're doing is to qualify for 12 dwelling units, obviously you have to have a
residential project or they're useless. Why is A in there and why is G in there?
MR. WEEKS: First comment is this -- this goes back to the year 2000 when this overlay was -- was
established.
COMMISSIONER SCHIFFER: Okay.
MR. WEEKS: And at that time it was deemed appropriate to limit the commercial only buildings to
three stories in height. This is still -- as you mentioned, still part of a mixed use development, but that does
not mandate that the mixed use be within a single building. So you could have a commercial building and a
residential building separately.
COMMISSIONER SCHIFFER: Okay. Maybe the answer is why do I care, but -- I think that's --
that's the appropriate thing at this time.
CHAIRMAN STRAIN: Mr. Schiffer, if you're done with page 50?
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Move on to page 51. Number ten on page 51. I know this is pertaining to the
Bayshore stuff that we've already done and beat up, spent a lot of time on it. The first sentence, though,
number ten, the word only has been added. If someone wanted to move that 380 dwelling units within the
Bayshore triangle outside of the CHHA, why would we want to prevent them from doing that? Isn't that--
isn't this the one that had land on both sides of the CHHA, as well?
MR. WEEKS: The only property within the overlay that's outside of the CHHA is north of Davis
Boulevard and east of Airport Pulling Road. It's one small area.
CHAIRMAN STRAIN: But if someone -- but why do we need to add the word only? If they -- if it's
not practical to move it, they're not going to. And if they wanted to move it outside of the CHHA, why
would we want to stop that?
MR. WEEKS: Okay. First of all, I misspoke. Those properties are still on the east side of Airport
Pulling Road, but they're south of Davis Boulevard and north of U.S. 41.
All ofthose properties are zoned commercial or P, that includes the government center, the automobile
dealership, where the St. Matthews House I think it is located, and all the way up to the Home Depot. Your
point is still valid that if any of those properties ever redeveloped and wanted to do some -- some
residential, that would be allowed. I would simply say from a staff perspective, we just thought that was
highly unlikely.
COMMISSIONER SCHIFFER: And, Dave, also wouldn't -- they would be developed -- they would
have much better opportunities in even drawing from this pool, wouldn't they, by right? I mean since
they're outside the coastal high hazard, we could start adding a bunch of density on it. So there's no really
need to draw from this pool for those properties.
MR. WEEKS: Oh, I see what you're saying. They're eligible for bonuses --
COMMISSIONER SCHIFFER: Yeah.
MR. WEEKS: -- other -- other than this density pool, that's correct.
COMMISSIONER SCHIFFER: They've got better prizes to chase than that pool.
CHAIRMAN STRAIN: I was just wanting to make sure there was a reason to put in the world only. It
seemed awful limiting.
The bottom of page 51. Your statement there says the density rating limit -- system limits density
within the CHHA from a maximum of four dwelling units per gross acre. Being on -- I thought the CCME
also limits some -- by policy 10.6.1 the density within the CHHA.
And I will read that if I can get to it. That's limiting densities to one unit per five acres. So I think
there's a limitation in both policies. I'm wondering if it's -- we should just refer to the density rating system.
MR. WEEKS: CCME 10 -- policy 10.6.1 is referring to the fact that the coastal -- looks like the
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coastal barrier island.
CHAIRMAN STRAIN: But aren't they in the CHHA?
MR. WEEKS: Yes, they are. But they're -- they're designated conservation, so they'd be limited to
one unit per five acres. The CHHA includes those conservation lands, but it also includes a big chunk of
the urban area.
CHAIRMAN STRAIN: Okay. But if someone was reading this and they thought the only limitation
was pursuant to the FLUE, would they know that the barrier islands are limited to one to five?
MR. WEEKS: I would certainly hope so because this density rating system is within the urban
designation. It's not applicable to conservation, agricultural or estates.
CHAIRMAN STRAIN: Okay. That's it on page 51. Anybody on page 52? Fifty-three? Getting to
the end. Fifty-four?
MR. WEEKS: Mr. Chairman, in can interject, I think I'd mentioned this previously if you go back to
our discussion on the CCME, I think on Monday Mr. Midney had asked a question -- I think it was him --
about a policy that spoke about the certain wetlands and that Camp Keis --
CHAIRMAN STRAIN: Yes.
MR. WEEKS: -- strand there in Immokalee urban area. Ijust wanted to put on the record that we are
modifying the Immokalee master -- Immokalee master plan future land use map to identify that, just as that
policy stated that we would.
Additionally, I know I mentioned I believe on the record on Monday, as well as in that e-mail that I
sent to you-all over the weekend, that we are also amending the future land use map for the rural land
stewardship area overlay to depict the Ave Maria town --
CHAIRMAN STRAIN: Right.
MR. WEEKS: -- as required by one of those policies. I just want that on the record.
CHAIRMAN STRAIN: Okay. Any question on the first map, which is the overall FLUE? Then we
have an interesting map. I still -- in all my 30 years in this county, I cannot figure out where this is. Map
FLUE 13.
COMMISSIONER SCHIFFER: Isn't that Copeland?
MR. WEEKS: The yellow area on there is Goodland. And what we've done is deleted all reference to
the Marco Island properties, seeing as how they're no longer under our jurisdiction.
CHAIRMAN STRAIN: Okay. But I -- maybe the reason I couldn't figure it out is because the road
leading into Goodland, according to this, is State Road 951. So I mean I'm -- that's 92 is what you mean
there, isn't it?
MR. WEEKS: That -- that's incorrectly labeled.
CHAIRMAN STRAIN: So are you going to correct that?
MR. WEEKS: We sure will.
CHAIRMAN STRAIN: Okay. That's what threw me. I couldn't figure it out because of that
designation.
COMMISSIONER SCHIFFER: And, Dave, just looking at that, I mean what you're showing is the
yellow, correct?
MR. WEEKS: That's -- that's correct. This is--
COMMISSIONER SCHIFFER: Zoom in on it, you know?
CHAIRMAN STRAIN: Works if you read above your glasses.
MR. WEEKS: We -- we could do that. Seeing as how the -- no longer showing the Marco Island area,
so we don't need all of that land area.
CHAIRMAN STRAIN: Make it bigger.
On the next page the, North Belle Meade overlay map, that really is going to be subject to the outcome
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of whatever we do in this next one --
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: -- the board finds it.
The last one, Attachment C, it's in the rural -- or stewardship receiving area. I notice that you added
the footnote about the acreage and density for affordable housing, but it doesn't look like you -- it's in towns
and villages but not in CRD's, yet the CRD's have the same overall density greater than a hundred acres. So
I'm wondering why the CRD's wouldn't be included for the larger ones if they're greater than a hundred
acres.
MR. WEEKS: We were only looking at the larger developments, the towns and the villages. I agree
with you the hamlets -- I mean arguably the hamlets and the CRDs could be included. What we're trying to
do, though, is -- is make this same change as a matter of equity to the requirement in the rural villages in the
rural fringe.
The rural villages in the rural fringe area have to be a minimum of 300 acres in size. So we're just
looking at a comparable size. So since the hamlets are smaller and most ofthe CRDs are smaller, that's the
reason we excluded those.
CHAIRMAN STRAIN: But the way the CRD's are structured -- and I said this during the review of
the stewardship area -- they're ideally suited for golf course communities. Golf course communities aren't
noted for affordable housing. They're noted for creating a need for affordable housing. And I'm wondering
what we're gaining by not looking at those in regards to the same requirement.
Since none are developed, it would be real easy then if you were going to develop a CRD to develop a
section that is affordable housing, dealing with a clean pallet. So -- especially if it's over a hundred acres. I
think we can -- if we get to the inclusionary zoning ordinance, that may solve the problem. I just thought it
was odd.
COMMISSIONER CARON: But they need to think about it now.
CHAIRMAN STRAIN: Yeah.
COMMISSIONER CARON: So that --
CHAIRMAN STRAIN: Well, I think when the inclusionary zoning ordinance comes into play that'll
all -- this area needs to be looked at.
I think we're done with the FLUE, with the exception of the outstanding items. And, David, I -- I have
notes that we're going to come back and visit item on page 23, page 24, page 32, page 34, and page 36. I
can't tell you the section numbers because the FLUE isn't labeled as easily as the CCME, but on page 46 the
issue was the study. I hope now we're going to be -- we're going to see tomorrow morning the distribution.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. With that I can't see why we should break into bold new territory at
5 :30 in the afternoon.
COMMISSIONER SCHIFFER: What do you think our plan of attack's going to be, start at the
beginning now?
CHAIRMAN STRAIN: I would like to see us start at the beginning of the book tomorrow morning
and work our way through.
MR. COHEN: So we're going to start with CIE and move into transportation?
CHAIRMAN STRAIN: Yes, sir. And I think that -- besides transportation being there, who have
been faithfully here most of the time anyway, I think we're going to need to make sure public utilities--
utilities is here, as well. And whoever is in charge of CIE. Okay?
MR. COHEN: You've go me on CIE, so we'll both be here.
COMMISSIONER SCHIFFER: Another question. Obviously we should bring our schedules because
it looks like next week we'll be booking some time?
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CHAIRMAN STRAIN: Yes, sir. Knowing -- I'm expecting that next Friday afternoon is a given -- or
next Thursday afternoon is a given because we have a short session. I've seen the agenda, should be
distributed this week so --
MR. COHEN: And, Mr. Chairman, I've also checked with Miss Brock in the county manager's office,
and I have reserved the room on dates available and I will provide them to you tomorrow.
CHAIRMAN STRAIN: Okay. I do thank you. With that -- do we need a motion? Oh, we're going to
continue the meeting until morning. Is there a motion to continue?
COMMISSIONER SCHIFFER: So moved.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: And seconded. Do we need to vote on it? All those in favor? Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: Mr. Chairman, one more comment quickly. Perhaps this is thinking rather
ambitiously, but Cormac Giblin, who would be here for the housing element, is going to be unavailable
tomorrow. He has another commission meeting to attend. We just respectfully ask that should we actually
get to the housing element that we not take that up tomorrow.
CHAIRMAN STRAIN: Or maybe it would be best in the health ofMr. Giblin we do take it up.
MR. WEEKS: He might appreciate that.
CHAIRMAN STRAIN: We're continued until tomorrow morning.
There being no further business for the good of the County, the meeting was adjourned by order of the
chair at 5 :31 p.m.
COLLIER COUNTY PLANNING COMMISSION
Mark Strain, Chairman
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY
ROSE M. WITT AND REBBECCA CRANE.
Page 133
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March 9, 2006
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, March 9, 2006
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 SPECIAL SESSION
in Building "F" ofthe Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN:
Mark P. Strain
Bob Murray
Brad Schiffer
Lindy Adelstein
Tor Kolflat
Donna Reed Caron
Russell Tuff
Paul Midney
ALSO PRESENT:
Joseph Schmitt, CDES Administrator
Marjorie Student-Stirling, Assistant County Attorney
CHAIRMAN STRAIN: If you all rise for Pledge of Allegiance.
(Whereupon, the Pledge of Allegiance was united in unison.)
CHAIRMAN STRAIN: Thank you. Welcome everybody back to the third day of the review of
the EAR amendments. This is for the transmittal hearing. This is our continued meeting from
yesterday. So with that, if the secretary could do a roll call.
COMMISSIONER CARON: Mr. Kolflat.
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer.
COMMISSIONER SCHIFFER: Here.
COMMISSIONER CARON: Mr. Midney is absent. Caron is here.
Mr. Strain.
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein.
COMMISSIONER ADELSTEIN: Here.
COMMISSIONER CARON: Mr. Murray.
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March 9,2006
Tuff.
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti is not here. And Mr.
COMMMISSIONER TUFF: Here.
CHAIRMAN STRAIN: Okay. As we had to start all of our other meetings in the past, I don't
mean to be a broken record, but I
want to remind the panel that we have a court reporter who can
only type as her fingers will let her carry, and that means we
have to keep our discussions one at a time and at a pace that she
can accurately record things. Also, please, to keep consistent,
is to be recognized before you speak. And with that, let's go
forward. We'll start -- we're going to go back to the beginning
of the book and start with the capital improvement element.
MR. COHEN: Mr. Chairman, is it your preference again like
with the CCA meeting with the future land use element just to go
through it page by page?
CHAIRMAN STRAIN: I think that would be the simplest. Save time and we know what our
questions are. We can just go right to them. With that in mind, go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: I have a question on the staff
comment before we start off.
CHAIRMAN STRAIN: Go right ahead.
COMMISSIONER SCHIFFER: In your comments on the capital improvement CIE, you
mentioned that just explain the remove the pay as you go and replaced it with pay as you grow. What
does
that really mean, that statement?
MR. COHEN: The change in the statement was made because of Senate Bill 360 contains that
particular language exactly
verbatim, and we wanted to make sure there wasn't a 360
connotation associated with our capital improvements element
because it's in there. And that's why the change was made.
COMMISSIONER SCHIFFER: But prior to that you're saying we had pay as you go, essentially
is impact fees as you go and then
you're changing it to as you grow.
MR. COHEN: What page are you on?
COMMISSIONER SCHIFFER: I'm on page two, the staff report.
Not in the CIE. I'm up front in the staff report.
COMMISSIONER MURRAY: Inside the CIE it's on page seven.
COMMISSIONER SCHIFFER: One of the tabs is staff report,
page two of the staff report.
MR. COHEN: I'm looking for the specifics in the CIE itself.
COMMISSIONER SCHIFFER: It's under 124.
MR. COHEN: Okay. We just struck the word pay as you go
financing, and it wasn't replaced with anything in one point --
in 2.4, and the rationale there is we didn't want to be confused
with the mechanism for proportionate share that got integrated
into Chapter 163 as a part of Senate Bill 360 because of the
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March 9, 2006
County Commission's perspective on proportionate share. That's
where they directed us from a policy perspective to draft
language. Then it was prepared and forwarded to the legislative
delegation. Now we have bill language that was drafted by a
representative of Goodland, Senator Saunders that tries to
address County Commissioners' concerns. So that's why the pay as
you go financing was struck in that particular provision.
COMMISSIONER SCHIFFER: All right. Thank you.
MR. COHEN: You're welcome.
CHAIRMAN STRAIN: With that can we start on page one of the CIE?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: By the way, we're going to what time
today, 12:30?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Okay. I just want to make sure. Before the day is over, say after our
first break, maybe we can discuss the timing of our events for next week.
Okay. Page one, does anybody have any questions? Mr.
Murray.
COMMISSIONER MURRAY: We spoke at the AUIR about an item such as helicopter, which
is not in the EMS budget. And I just
wondered whether or not that is a classification. When you look
at public facilities, towards the bottom there where it speaks
shall include land structures, et cetera. Et cetera. Then it
talks about other capital cost such as motor vehicles and
motorized equipment, it's considered in the county's annual
budget. So I'm just wondering, where would that hang out? Where
would we concern ourselves if we had to have a--
MR. COHEN: It would be part of the AUIR in the EMS section
of the AUIR. Or ifit was the sheriffs helicopter, that
particular area, but it would not find its way into the CIE
anymore because of the direction to take out the category E
facilities.
COMMISSIONER MURRAY: But there would be nothing set aside of funds for that. It would
just be a notation, a memo, right?
MR. COHEN: It would take place as part of the AUIR. And
then if was going to be budgeted, it would take place in the
budgeting process for that fiscal year.
COMMISSIONER MURRAY: In the AUIR? There is no budget for the AUIR.
MR. COHEN: Well, the AUIR would lead to a budgetary item as part of the next fiscal year.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah. On that same paragraph, I think the two sentences seem to
be in conflict. The first sentence
says that initial furnishings and equipment are considered public
facilities and are okay. And then the second sentence says that
office equipment and furnishings are not to be considered. So
does that just mean replacement equipment isn't considered?
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March 9, 2006
MR. COHEN: I think that the initial furnishings in some
particular instances, impact fees can cover initial furnishings,
but like you just indicated with replacements, it cannot. I
believe that's what the intent of the language is.
COMMISSIONER CARON: So that's what that language is meant to say?
MR. COHEN: Yes, ma'am.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: When you look into the EAR, the review we had, we didn't
discuss getting rid of category B. Why
is that happening all of a sudden?
MR. COHEN: That was a policy directive of the Board of
County Commissioners as part of the AUIR. And as part of that
direction, the vote was to incorporate those changes into the
capital improvements element. And the reason that they're
included as part of the CIE is the direction from DCA was to
include the CIE as part of the EAR. So, in essence what you're
doing, you're reviewing the EAR based amendments and the CIE at
the same time based on the AUIR.
COMMISSIONER SCHIFFER: So we won't be reviewing these anymore? You're taking them _
- the CIE --
MR. COHEN: This is your CIE review as part of the update
from the A UIR.
COMMISSIONER SCHIFFER: But in the future, next year's AUIR will not have category Bin
it then?
MR. COHEN: Next year's CIE will not have category B. The
AUIR still will have category B facilities and you will review
them accordingly.
COMMISSIONER SCHIFFER: okay.
CHAIRMAN STRAIN: I think, why were they taken out? What was the philosophy behind
taking them out?
MR. COHEN: The reason they were taken out is the
requirement before category A facilities is based on concurrency
related items. And as a result, the only things that are
required to be in a CIE are the things that are listed in Chapter
163.3180 dealing with capital -- with concurrency items. Those
would be, you know, your water, your sewer, your transportation
and the various other items that are in category A. Schools will
be added in 2008. Then in the past we had the category B
facilities in there because of our impact fee ordinances. And
the consultant's rationale was, well, you need to have them in
the CIE or another equivalent to have a rationale nexus for those
particular impact fees, and he opined this year that it's okay as
long as it's in the officially adopted AUIR you can leave them in
there and they don't need to be in a category B facilities. If
you put the category B facilities in the CIE with financial
commitments there, it kind of hamstrings the Board of County
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Commissioners with respect to policy decisions if budgetary items
come on up as part of the normal review process. That's the
rationale.
COMMISSIONER SCHIFFER: And then--
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: When you go through the AUIR next time, you're going to go
through all the growth management plan elements?
MR. COHEN: When we go through the AUIR, it will have the
normal category A and category B facilities just like they did
this past year.
COMMISSIONER SCHIFFER: One other thing that doesn't come up is housing element, for
example, is never reviewed. Will that be reviewed?
MR. COHEN: Housing is not part of the AUIR.
COMMISSIONER SCHIFFER okay.
MR. COHEN: It's not a capital facility.
MR. SCHMITT: For the record, Joe Schmitt, Development and
Environmental Services Division, Administrator. Category B
facilities. We had a legal opinion basically that clearly
defined a legal premise for at least the legal foundation for not
including category B in the CIE. As Randy said, if it's in the
CIE, there's a financial committment. It's not saying the county
is not going to make a financial commitment, but category B
facilities by definition are deemed -- well, they're not from a
standpoint of concurrency. They're not a mandatory requirement
for concurrency. But, they're going to be in the AUIR. It is
part of -- certainly is part of the AUIR and is part of the
budget cycle based on how the Board defines what needs to be
funded. But as taken in the CIE -- the only reason we left it in
CIE for years was because of the idea that it had to be in there
related to the need and the rationale nexus -- do a rationale
nexus for collecting impact fees. That we now have an opinion
that is not necessarily the case. We can still collect impact
fees on category B facilities without having it specified in the
CIE.
COMMISSIONER SCHIFFER: Thank you.
MR. SCHMITT: That was a lot of double talk and hopefully --
MR. COHEN: Sounded like my double talk.
MR. SCHMITT: -- it made some sense. But the bottom line is
it's not needed in the CIE to go up to DCA.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER SCHIFFER: Thank you. Got it.
CHAIRMAN STRAIN: Any questions on page two? Randy, at the bottom of page two, item C,
it talks about three percent of the
adopted level of service standard volume of an impacted roadway.
In order to determine the impact it says, in the first sentence,
a county wide population greater than three percent of the
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March 9, 2006
population projections for parks, solid waste, water, sewer, et
cetera. What population statistics are you using, since we have
so many?
MR. COHEN: Looking at, you know, for parks -- this is one
of the things going back to the AUIR. Because now for parks, you
know, solid waste, we're using weighted population, but for water
and sewer we're using a different standard.
CHAIRMAN STRAIN: Right. How are you going to deal with
that three percent when it comes down to figuring it out. What
statistic will the public need to know to use?
MR. COHEN: We probably should clarify it based on the
changes in the AUIR. We have to make a note to do that.
CHAIRMAN STRAIN: Okay. Any other questions on page two? Page three? Page four?
Anything on page four?
COMMISSIONER CARON: Yeah. On page four. The list of
roadways is not the same as page five of the transportation
element.
(Whereupon, Paul Midney has entered the room.)
COMMISSIONER CARON: The list of roadways is not the same as page five of the
transportation element, and I was just wondering why.
MR. COHEN: Don Scott is coming up to address that
particular issue.
CHAIRMAN STRAIN: He might as well park himself there for
quite a while.
MR. SCOTT: Don Scott, transportation planning. Me too. I
don't know why it's the same. Why it's not the same.
COMMISSIONER CARON: Okay.
MR. SCOTT: I was --
COMMISSIONER CARON: Which one is right?
CHAIRMAN STRAIN: One at a time, guys.
MR. SCOTT: I put together a list of what I assumed, based
on the time frames that we have projects done. I'd rather not
have a list in there. Because one of the problems is the policy
is to, when a roadway gets widened to six lanes, go to a level
service C standard. The problem is, you do, you know, a GMP
change, it takes quite a while to get to that process. At the
moment, this would be the list that I would have in there. One
of the things that I talked to Randy about for the next cycle was
updating it again. And we can either -- what I'd like to say is
that roadways that are six lanes be level of service E standard.
All others be level of service D standard and cover it that way.
But --
CHAIRMAN STRAIN: Just out of curiosity, why is it when a
road is six lanes it automatically goes to E. Why are we going
to the lowest standard instead of an acceptable standard?
MR. SCOTT: The policy by the board was essentially
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March 9, 2006
realizing that you can't -- you know, you're not going to widen
it to eight lanes and that you can't to anything else to that
roadway but go to E. But then yet, obviously it raises the issue
that you guys raised before whether, is that a standard you want.
You know, the other side of this is looking at the long-range
transportation plan. You got a lot of needs. We can only afford
cost fees. We can't afford to get to level of service E on every
roadway in the county as you go out to 2030.
CHAIRMAN STRAIN: Now, if you put a level E, that means
development can proceed until it fails at level E? And until it
fails at level E, development will not look or have to provide to
you alternatives around that road system. Basically, as long as
it's acceptable and it's working at the level of service it's
adopted, the alternatives that they would have to provide aren't
necessarily sought as eagerly as if it was a level of service C
or D, because then at that level, they'd realize, uh-uh, to get
on this road system and not see it go below C to D, we better
find some alternatives. And all of a sudden what you'd be having
is a lot of people looking for a lot of alternatives and funding
alternatives so no road segment is as badly -- at such a low
level of service as we seem to be wanting or accepting all of
them to be right at the get go.
MR. SCOTT: I don't disagree.
CHAIRMAN STRAIN: Well--
MR. SCOTT: We've discussed this a lot. I don't believe --
say I want to do level of service E standard. DCA is not going
to accept that.
CHAIRMAN STRAIN: They're not going to accept--
MR. SCOTT: No because -- if I can't get to a level --
you're not going to be able to get to a level of service C on
every roadway. Should we have an unselected corridor, D, E, you
know. We've -- over the last couple of years, we've pretty much
beaten this to death. This is where we're at right now.
CHAIRMAN STRAIN: Yeah, but what I was suggesting, Don, is if we started with a preferred
higher level and people seek and
come back with ideas and you get peoples' brains working to find
alternatives. Now I don't mean your departments, I mean, some
creative ideas that the development industry could only do with
the lands that they own. And they come back in with suggestions
so that if we have to go to level E, let's force it to go there
not just roll over and give it up right from the get go. Maybe
you could find more alternatives if we were pushing the envelope
a little harder in that front end. That's kind of what I'm
trying to say.
MR. SCOTT: Well, you know, it's a discussion we have had
before, 100th hour versus 250th hour versus, you know. It's
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March 9, 2006
somewhat the same thing. It's setting a level that -- is it's
attainable, feasible, cost feasible?
CHAIRMAN STRAIN: Okay. Well--
MR. SCOTT: But as a Board, obviously you can make
recommendations towards where you want to go.
COMMISSIONER MIDNEY: Yes.
CHAIRMAN STRAIN: Yes, sir. I'm sorry. Let the record show Mr. Midney is here.
COMMISSIONER MIDNEY: I'm sorry. Let the record show, I
left home two hours ago.
CHAIRMAN STRAIN: Well, you're driving on a Level E service road, so be happy.
COMMISSIONER MIDNEY: Exactly. That's my point. I just had to drop a patient off at the
Cleveland Clinic so I didn't really
go out of the way. But the roads are extremely slow, and I think
we're shooting for too low. I think that if we don't expect --
if we don't have any higher expectations, we won't do anymore.
But I also realize that this is a Board of Commissioners
decision, it's not your decision. It's finding the best that you
can.
MR. SCOTT: In the end it's financial. Can you afford to do
a level service C on every road.
COMMISSIONER MIDNEY: Exactly. Yeah.
MR. SCOTT: You know, understand I read letters that say, it
took me this long to get from here to here. And the first thing
I'll do is I'll measure it out and I'll go, well, it is whatever
speed it is. And it might be level of service E. Now, is that
what anybody expects out there? No, it's not.
COMMISSIONER MIDNEY: I mean, there's such a huge
deterioration and drive time since I have been out there. And it
really gets bad when you start getting near Naples. And I don't
have the answer, but I think if we don't try to set our standards
a little bit higher, we're never going to get any improvement.
It's only going to continue to deteriorate.
CHAIRMAN STRAIN: Don, you had said the DCA wouldn't let us change this to a different
level of service.
MR. SCOTT: I won't pretend to guess what they're going to
do. But I'm -- what usually will happen is, well, okay, I'm
going to set a level of service down on a certain thing, and
they'll say, okay, over what time period do you think some of
these things are going to fail, and that development would get
stopped or can't go forward. And I would project, like I did
before, ten years' worth of what I think is going to be able to
go -- you know, what road is going to fail, what road is not
going to and they'll probably be even more roads on that. And
that raises flags with them. That's why, obviously, that's why
we got the TCMA's and TCEA in some areas.
CHAIRMAN STRAIN: Yeah, but wouldn't we be in a better
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March 9, 2006 .
position to simply say no to new rezones if the level of service
of say a C or a D was not going to be sustained if that
particular development came on line. Rezoning is an entitlement
that's not an obligation of us to approve. So, wouldn't that
give us a better opportunity to say no until they came up with
solutions to make the road system better?
MR. SCOTT: Yeah, but in some areas -- when you're talking
about, and obviously, the conversation to the east. I don't care
what I set it at out there, all that development is still going
to go keep going. The only thing I will stop out there is
commercial development.
CHAIRMAN STRAIN: Why is -- all of the unzoned development out there is going--
MR. SCOTT: No. I mean the platted estates. Golden Gate
Estates.
CHAIRMAN STRAIN: I agree with you, but I would like to see us figure out a way to not make
it any worse than it already is,
because we have no ability now, or it's harder now to say no when
we set such a low level of standard on so many roads. And
especially if it's policy that everything is E right from the get
go.
MR. SCOTT: Well, E when it gets to six lanes or you can't
widen it was really what that was.
CHAIRMAN STRAIN: But your comment about DCA --let me go back to my original
question. If you look on the next page,
State and Federal roads are able to state higher levels of
service. Those roads have all failed. We know 175 failed. So,
why are they allowed to do that? Why are we allowed to allow
more traffic on a failed level of service on their road but we
can't do the same thing for ourselves?
MR. SCOTT: Well, I think you made the argument right there.
175 failed so that has a level C or D standard? Nothing is
stopped by that.
CHAIRMAN STRAIN: Well, exactly my point. Why isn't it?
Why is it that we know everybody in this county needs to go on
175 to get out of this county to go anywhere. And ifthere's a
hurricane evacuation to go anywhere, and you know what 1633180
paren 6 says. Why then do we keep allowing it all to happen?
MR. SCOTT: Just as we went through before. I mean --
CHAIRMAN STRAIN: I know you can't answer this. Sorry.
MR. SCOTT: I have though in the sense that when we put
forward what we put forward before for concurrency, we wanted to
do a shorter time frame. We wanted to do some other things. I
had to show what roadways I thought in that amount of time based
on funding and everything else we could get to and what roadways
would fail. And the first iteration of that was, you know, we
got a report saying you can't do this. And there was
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March 9, 2006
negotiations and back and forth and we got to where we're at now.
Now, is everybody totally happy with where we're at? No. But in
the end, they don't want us to stop development. You know, to
totally stop development they want it to be timed. I mean, we
are in the same issue. We want to kind of time improvements to
it, but you are touching on some of the issues. Can you build
everything to make, you know, to even have acceptable level of
services in the future and construction levels. We've done easy
projects to date. And I say that, they haven't been that easy
but we've widened existing roads and things like that. If you
want to get more capacity in the urban area, there's no easy way
to do that. And as you've probably seen in the newspaper and TV
and whatever, the stuff out in the Estates is not easy right now
and there's new corridors.
CHAIRMAN STRAIN: You know what though, stuff out in the
Estates happening is because the Estates is not a gated
community. You wouldn't dare take a road through the middle of a
gated community.
MR. SCOTT: It might. If you -- Livingston, you think
Livingston stopping at Radio means that nobody ever brings that
up about bringing it south through all the development? No. It
comes up every day. As it gets -- but I don't believe that if
you go out project out to the future, that some of those hard
choices aren't going to have to be made. They are going to be
made. So it's not going to be any different than the Estates in
that respect.
CHAIRMAN STRAIN: I certainly don't agree with your policy
of labeling everything E to start with. I don't see where that
policy is addressed in that. And these documents though I think
you're limiting the E to the ones listed. Am I correct in that
statement?
MR. SCOTT: Yes.
CHAIRMAN STRAIN: That policy you stated about -- is a self
department policy?
MR. SCOTT: It was board directed.
CHAIRMAN STRAIN: Okay. So for the discussion that we're on page four, basically what Ms.
Caron brought up is a need to
correct the table that's on page four?
Randy, is Don's proposed correction something you can take
care of if this Board is recommending it?
MR. COHEN: Yes. We'll take Don's directions and report
them and we'll import them into the CIE and also make sure
they're consistent with the transportation element as well.
CHAIRMAN STRAIN: Is that fine with everybody else on the
panel.
(All affirm.)
Page 10
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March 9, 2006
CHAIRMAN STRAIN: Okay. Any other questions on page four?
COMMISSIONER SCHIFFER: I do, Mark.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Randy, this is pure renumbering. If you look back at 1.4 on the
previous page, where you start off, public facilities, I think that should be an A. In other words,
normally you go from numbers first subheading would be a letter.
I know you're getting rid of the category A concept. But, for
example, instead of 1.1 under 1.5, I think it should be A, and
level of service D should be a B. Or, anyway, renumbering. I
think it's going to get confusing when you actually see it in
numbers.
In other words, go back and look on page three where you had
1.4. The subcategories of that start out with letters.
MR. COHEN: Correct.
COMMISSIONER SCHIFFER: On this section 1.5 you're
continuing numbers first, and I think if you -- I mean, I know
there's a lot of scratch outs, it's hard to see, but I think
that's not going to be what you want.
MR. COHEN: We'll take a look at it and make it consistent
with the previous page.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Questions on page five? Don, the top of page five, you acknowledge in
the GMP, or in the AR for the GMP, that 175 in its worse case is C. But you also acknowledge, as
everybody else has, that it's F in reality. How can that happen
when we know that every development in this community is going to
be hitting 175, yet it's failed by at least from C to F, but we
still approve. How does that approval process work? How do we
keep approving things to go on a road system that so badly
failed?
MR. SCOTT: Our concurrency system doesn't include 175 as a
big picture. You've mentioned, yesterday I think it was, about
the no de minimus on a failing hurricane link.
CHAIRMAN STRAIN: Right.
MR. SCOTT: When this was raised with our outside legal
before, they essentially said it's not something that could be
enforced.
CHAIRMAN STRAIN: So we have a GMP that tells us what it's supposed to be, but in reality
and acknowledged on public record,
it's not. But it means nothing, even though a state statute said
it should be addressed. I wonder how our legal system puts all
that together.
MR. SCOTT: I guess on the positive side, it's programmed to
be six laned starting next year.
CHAIRMAN STRAIN: Each direction?
MR. SCOTT: Three lanes each direction.
CHAIRMAN STRAIN: On I75?
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March 9, 2006
MR. SCOTT: On 175.
CHAIRMAN STRAIN: That won't help at all. By next year the
three lanes will be full, and we'll be right where we're at
today.
MR. SCOTT: And next month I am scheduling, I hope, the first
toll authority meeting for the ten lanes.
CHAIRMAN STRAIN: My God. Okay. I don't know what we can change on five to do
anything ifit's routinely ignored, is
basically what you're saying.
MR. SCOTT: Well, FDOT would say we don't approve
development. These are our standards, meanwhile try to -- try to
apply it all across the county and have DCA come back.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MIDNEY: Don't we have an obligation if there's such an important thing
that failed to try to compensate some
other way.
MR. SCOTT: With a parallel route?
COMMISSIONER MIDNEY: No. By making the standard stricter on the roads that aren't
failing.
MR. SCOTT: I mean, you're getting to the point of saying
that a moritorium essentially. Because even if 1-- if we apply
the de minimus on the Interstate, or let's go to level of service
C on Livingston, which is a parallel route, I think you'll end up
at the same place.
CHAIRMAN STRAIN: Well, I mean, we can sit here and beat a dead horse, but I'm not sure our
voices are going to do any good
since everything seems to be against common sense. And I know
you're not, Don, but I know that's what you're stuck to enforce.
MR. SCOTT: Well, you know, the Board at the -- obviously,
we're talking about the CIE. The board decided to move all of
the roadways out of the concurrency window until we have an
approved contract on projects. So that will at least hold up
approval of developments until at least we have an approved
contract instead of within the first two years. So, in some
respects, yeah, you are being heard. Is there other policy
changes you could make? There's only so much the Board can do
too.
CHAIRMAN STRAIN: Can I ask you one thing? We have a series ofPUDS and rezones
coming before us at our level. And every time they've come before us in the past, with the exception of
the one on Davis -- and that one only came back after a challenge
-- your department has always recommended approval for
everything. Does that mean based on your statement in the policy
by moving all these out, that the new PUDs and rezones coming
forward will be recommended inconsistent or not approved by your
department?
MR. SCOTT: Well, hear what I said here. Out two or three
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March 9, 2006
years is not out ofthe five years. If it's consistency would be
five years. It depends where it's at. Will there be more
inconsistent projects, yes.
CHAIRMAN STRAIN: But I thought you said the policy was that if you don't have a contract in
and the funding in place, then
the rezones aren't going to be approved. Is that --
MR. SCOTT: No. I'm talking about site plans for that
purpose of two years. Consistent concurrency. Consistency
looked out five years. So if the project is still within the
five years, like a fifth year, for instance, then that might be
consistent. Now, concurrency wise, what's been happening is, if
it's within two years, that's considered capacity of the road.
Obviously, one of the discussions that we had during the AUIR is,
are you really starting the project, you know, next year versus
maybe it slipped a couple of months and then you get more months
on time and you're approving, let's say, site plans whatever to
go forward when it might not have been within the two-year time
frame.
CHAIRMAN STRAIN: So, even if something is consistent, it
may not be concurrent --
MR. SCOTT: Exactly.
CHAIRMAN STRAIN: -- therefore, your reading would be it's
consistent with the GMP, but when they come in for their SDP,
they wouldn't be provided with the concurrency to --
MR. SCOTT: Perfect example, at the last board meeting was
Rock Edge on 951. It was consistent, but it would not be
concurrent right now.
CHAIRMAN STRAIN: Okay. That helps -- that understanding
helps.
CHAIRMAN STRAIN: Unless he gets to the speaker, I don't
think we can have it on record. .
MR. SCOTT: Joe is touching on it. I mean, the bill, the
senate bill talks about proportionate share. Some of the issues
with the legislature is trying to do essentially is what can take
away even some of what we're talking about here. Essentially,
make a proportionate share. Doesn't matter -- and as long as the
construction is within the five years, which I know we've had a
debate as to whether that's even to be stuck to five years.
because if you're showing a process that shows PDE design right
away, but maybe construction is in the sixth year, they might end
up pushing that even further, that envelope further. But,
essentially allowing things to go, even though it might be four
or five years away -- and that still didn't mean the project is
delivered because if you have a two to three year time frame for
construction, you know, it could be seven, eight years out.
CHAIRMAN STRAIN: GMP section of transportation, policies
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March 9, 2006
5.1 and 5.2, a lot of times they're generally cited in regards to
traffic. Isn't those one of those deal with concurrency and the
timing of it? And if they do, wouldn't that make it inconsistent
to approve it if it's not -- if it's a concurrency driven issue?
MR. SCOTT: I had it in front of me.
CHAIRMAN STRAIN: That's okay.
MR. SCOTT: 5.1 and 5.2 are more for consistency, I thought.
But maybe I'm, you know --
CHAIRMAN STRAIN: I'm checking it myself. I don't mean to
belabor the point. I just couldn't understand how the top of
page five fit with the reality of what we're dealing with. I
think you thoroughly explained that. Although, it doesn't make
common sense that the State turns the cheek in one direction and
we turn it in the other and nobody looks at the reality of the
whole picture, but I understand.
MR. SCOTT: All along they'll say, we don't approve
development, you do. But then try to stop it. It's the other
side.
CHAIRMAN STRAIN: Right. Any other questions on page five? Page six? Any questions on
page six?
COMMISSIONER MURRAY: Sir.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: At the top -- let's see. I have a note to myself, explain? Two
years of constructed line cell capacity at average disposal rate for the previous. And it went from five to
three years. Is that based on efficiencies or other changes?
MR. COHEN: If you recall from the AUIR, the
presentation that was made by Mr. Deloney's department, they had looked previously at five years of
line subcapacity. And they looked at their recycling efforts that took place, and they found that by
looking at the previous three years, it gave them a more accurate depiction.
COMMISSIONER MURRAY: So this is an AUIR piece?
MR. COHEN: It's the exact language from the AUIR.
COMMISSIONER MURRAY: Okay. Then I have another question on seven.
The $270 capital investment per capita -- that's the impact fee,
I believe -- was that approved?
MR. COHEN: That was approved as is part of the AUIR, yes,
SIr.
COMMISSIONER MURRAY: Okay. Then I have down under objective two, I guess it is,
financial feasibility. Future development -- in the middle of that paragraph -- future development, was
there a
proportionate cast of facility improvements necessitated by growth? Have we yet determined what a
proportionate cost will be
on any of these things, or is that still in question as to how that would be arrived at?
MR. COHEN: That proportionate cost pertaining to proposed
and new development, bears that rationale connection with our impact fee ordinance. And right now
we're in the process of updating the parks and recreation impact fee.
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March 9, 2006
COMMISSIONER MURRAY: Well, we don't -- I guess my question is central to the issue of
proportionate cost of whether or not that's been determined yet, whether that's been qualified. Because
now all of this is associated with 360, correct? Bill 360, or Growth Management Act of2005.
MR. COHEN: Well, the proportionate cost provision right
there has been in there all along and had no interrelationship
with 360. It was there and put in there to tie in for basically
new growth, paying for new growth. And that was the rationale
for that particular statement.
COMMISSIONER MURRAY: I hadn't realized that we used proportionate cost previously.
CHAIRMAN STRAIN: Only the underlined words are--
COMMISSIONER MURRAY: No. I appreciate that, but that jumped out at me and that's why I
highlighted it. Okay. Thank you.
CHAIRMAN STRAIN: Any other questions on page six? Ifnot--
MR. KRASOWSKI: Can I ask a question?
CHAIRMAN STRAIN: Did you register? Okay.
MR. KRASOWSKI: I just want to ask a question.
CHAIRMAN STRAIN: Bob, from now on if you could just let
Randy know, but we'll let it go his time. Go ahead.
MR. KRASOWSKI: Well, I signed up with Randy to discuss the solid -- excuse me. I signed up
with Randy to discuss the solid
waste issue and I heard it mentioned, so I'm curious to know --
CHAIRMAN STRAIN: First can you--
MR. KRASOWSKI: My name is Bob Krasowski. I'm curious to know now that you're
discussing some aspects of the solid waste
AUIR if somehow by doing this prior to discussing that you're
locking into any policy decision.
CHAIRMAN STRAIN: No. Just that the AUIR discuss the three year line cell capacity from
the past in order to judge the
future instead of five years. That's the only thing.
MR. KRASOWSKI: All right. You know, I'm not as familiar
with this process as you are, but I guess I still remain signed
up for --
MR. COHEN: You need to fill out another slip for today.
MR. KRASOWSKI: Okay. But you do have my one from
yesterday?
MR. COHEN: Yes. And I turned that one in to the court
reporter, correct.
CHAIRMAN STRAIN: By the way, you are as familiar as we are because this is our first time.
It happens once every seven
years, so new for us too.
MR. KRASOWSKI: I'm not as talented.
CHAIRMAN STRAIN: Page seven. Any questions on page seven? Randy, on the bottom of
page seven, policy 2.7, the county shall continue to collect impact fees for parks and recreation. It
crosses out EMS and library. Obviously, because they're not
category A or category B. Does that prevent us from collecting
impact fees?
Page 15
March 9, 2006
MR. COHEN: No, sir. The rationale -- and when you see any
category B facility crossed off in any of these provisions is
because they're no longer part of the CIE, but they're still part
of the AUIR and will be collected.
CHAIRMAN STRAIN: I just want to make sure by that policy we weren't limiting ourselves not
to collect impacts fees.
MR. COHEN: We're fine, sir.
CHAIRMAN STRAIN: Page eight. Any questions? Just for the
informational policy, 3.2 certainly strongly brings the AUIR into
the EAR for discussion. Which also means it's in our GMP, in
which also is the strong reason why I believe that CCPC will
always and should always need to be reviewing the AUIR from here
and in the future, so --
COMMISSIONER MURRAY: May I second that, Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir. Page nine any questions? In
policy 4.3, this isn't a question about a change. It's about an
application because of some of the issues that are further in
this document. In the middle of the policy it says projects for
which appropriations have been made and the annual budget will
not be removed once they have been relied upon for the issuance
of a final site development plan, final plat or building permit.
My question there is, as we learn in the traffic issues involving
the AUIR, there are a lot of accepted road systems that I believe
were budgeted, the money was not spent and carried over. Does
that play into this sentence at all?
MR. SCOTT: Yeah. I think this is an inconsistency that has
been pointed out as part of what we're doing.
CHAIRMAN STRAIN: Do we need to correct it?
MR. SCOTT: I know I'm meeting Friday or something like that
regarding inconsistencies and I don't know the end result of that
yet, but with our county attorney's office.
CHAIRMAN STRAIN: The inconsistencies in this EAR?
MR. SCOTT: Well, based on what we're trying to do with the
CIE and push the projects out within the first three years and then back to what's in the growth
management plan.
CHAIRMAN STRAIN: Well, this panel as the LPA is in a
position to have to approve this to move it forward to the BCC.
If you're meeting to change language, how would we know -- how
could we possibly review it for approval?
MR. SCOTT: It's obviously, it's happening right now. I
mean, the AUIR was when that was, that decision was made to push
the projects out, and then now we're finding the repercussions of
them.
CHAIRMAN STRAIN: Ms. Student, any language that's changed after we meet on this CIE
would have to come back to us for
re-approval based on a clause 250 --
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March 9, 2006
MS. STUDENT-STIRLING: Yes, I think it would come back. And you have a meeting -- it's
not with me, it's with someone else in our office, is it not?
MR. SCOTT: Yeah. And actually someone else from the
outside set it up, so --
MS. STUDENT-STIRLING: Okay. So what I think could happen because we're still going
through this process, we could bring that back to you because we're not done. The meeting is Friday, is
it not?
MR. SCOTT: I think it's a week from Friday I think it's the
17th.
MS. STUDENT -STIRLING: Okay. Well, our meetings with the Board are not until towards the
end of April. So I believe that we have plenty of latitude to bring that back to you and you could make
your approval of this element at the time you do it contingent on
that being brought back.
CHAIRMAN STRAIN: I guess we'll have to keep a note ofthat, Randy, that this one won't get
resolved today then. We'll just
continue it until this new language gets in.
MR. COHEN: For the record, just so maybe Don has some
indications of what your concerns are, maybe you can provide that
to him as he moves forward going into that meeting.
MR. SCOTT: I know what my concerns are too.
CHAIRMAN STRAIN: Okay. We'll keep going through it. Page nine, anything else on page
nine? Page ten.
COMMISSIONER MURRAY : Yes, sir.
CHAIRMAN STRAIN: Oh, Mr. Murray.
COMMISSIONER MURRAY: Okay. This is perhaps a tidbit, but it starts out at the top to
insure, but if you look at page eight, policy 3.3, they struck the word insure. I know there's a difference
insure versus ensure, but I'm just wondering, are we trying to
eliminate the word insure?
MR. COHEN: I think it's in two different contexts, Mr.
Murray. If you look at the context and the top of page ten,
that's to insure the public facilities are in place concurrent
with development. And I think if you look at our currency
management system, that's the intent of wanting to insure that
those capital facilities are there. As a point of emphasis it
was left in.
COMMISSIONER MURRAY: Okay. I have no problem with it then. Thank you.
CHAIRMAN STRAIN: Any other questions on page ten?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Actually, it's for the County
Attorney's Office, so I'll wait for Margie to get done.
CHAIRMAN STRAIN: Ms. Student.
MS. STUDENT-STIRLING: I'm sorry, I was having a sidebar with Mr. Scott.
CHAIRMAN STRAIN: I don't know if you heard, Ms. Caron had a question.
MS. STUDENT-STIRLING: I'm sorry.
COMMISSIONER CARON: Margie, on page ten down at the bottom 4B.
Page 1 7
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March 9, 2006
MS. STUDENT-STIRLING: Okay.
COMMISSIONER CARON: The necessary facilities and services are under construction or the
contract for such facilities and
services has been let. Let is arcane legal term. If you look it
up in the legal dictionary it tells you it's an arcane term. Is
there a better word that we could be using?
COMMISSIONER MURRAY: That's a very common term in
purchasing.
MS. STUDENT-STIRLING: I've always heard that. I can look into it, but I've always heard that
term especially in dealing with
government type contracts. I've always heard the contract has
been let, but I'll be happy to look and see if there's another
term that we could use.
CHAIRMAN STRAIN: Any other questions on page ten? Page 11.
Mr. Scott, I would assume that C and D are going to be part
of your discussions with the County Attorney's Office in regard
to the timing of those events?
MR SCOTT: Yes, sir.
CHAIRMAN STRAIN: That will save me asking questions about them. Thank you. Page 12,
there's a note on page 12, see capital projects under separate PDF page 14 through 27. I'm just curious
what PDF is that? Why is that note in the CIE?
MR. SCHMITT: The document that's made up --
CHAIRMAN STRAIN: Better tell us who you are.
MR. SCHMITT: For the record, Corby Schmitt, Senior Planner.
CHAIRMAN STRAIN: Thank you.
MR. SCHMITT: The printed document has been from two
different files. And the following pages, those tables, the five
year scheduled capital improvements and the summary that follows
is simply separate and that's a reference knowing to insert for
those who make up the document.
CHAIRMAN STRAIN: Because the tables that follow in the book that I have start at page 16
actually. That's what confused me.
I didn't know if there was another set ofPDF's.
MR. COHEN: For practical purposes, it should be removed
because it's an internal note. We'll have it removed.
CHAIRMAN STRAIN: Okay. Any questions on page 13? In the middle of the first number
one, development order review, there's
some changed language. After the changed language -- first of
all, let me read this sentence. As part of the review for all development owners, other than final site
development plans final plat and building permits, for those having negative impacts on public
facilities, our first questionnaire is, how is public facilities defined? Because it's not capitalized and it's
not bolded. I'm not sure if there's a definition for it. Then it goes on, the county will determine
whether or not sufficient capacity of public facilities. And I'm just wondering if that opens all public
facilities up to capacity
or just ones in the former category A or former B or where we're at.
MR. COHEN: Mr. Chairman, if you look on page one under
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March 9, 2006
policy 1.1 where category A used to be, you'll see the definition
of what public facilities are.
CHAIRMAN STRAIN: Okay. Then should we follow through -- don't you normally capitalize
a definition or something so you
know you're referring to the definition? I wouldn't know that
the definition you referred to here is that public facility. I'm
just wondering is there a way to tie it back?
MR. COHEN: Maybe we can reference page one as set forth on
page one.
CHAIRMAN STRAIN: That would -- because your language that you added is certainly going
to be more intense than what was
there so I think --
MS. STUDENT-STIRLING: Just a minute, it may be better instead of referring to page one,
because pages change, we could refer it back to the policy number.
CHAIRMAN STRAIN: Okay. Any other questions on page 13?
Page 14. Again, in the body of 6A towards the bottom, first
public facilities -- and I know you do a lot of times.
And, Margie, how do we normally know that when they're
referring to public facilities, they're referring to that public
facility as defined in the beginning of this document? Because
this document is riddled with references to public facilities.
MS. STUDENT-STIRLING: I think that historically we've known that the public facilities that
are caught by the AUIR have historically been the category A and category B public facilities. I think
now because of the change, we may need to, you know, wherever we reference it, we may need to
clarify public facilities that we're talking about or add something that says for purposes of this
element whenever the term public facilities is used, it means
these public facilities and make it for purposes of the entire
element.
CHAIRMAN STRAIN: I think that would be helpful. Before
when we had category A or category B it was very easy to
reference category A public facilities as this one did. Now it
just put a little level of confusions into it.
This has got to come back to us anyway, so maybe staff can
get it cleaned up in that regard before it comes back to us.
Randy, is that -- was that a change you can implement?
MR. COHEN: Yeah. I think the appropriate place would be in
policy 1.1 to use that reference that it would be the definition.
And 1.1 is applicable throughout the rest of the CIE.
CHAIRMAN STRAIN: Well, we're going to have to re-review
this when Mr. Scott gets done with his meeting anyway, so maybe
we can see all that language at one time. Page 15.
MR. COHEN: Can I point something out on page 14 because
there's language that was added?
CHAIRMAN STRAIN: Certainly.
MR. COHEN: If you look under 6A, you'll see language added
notwithstanding any other provisions in the capital improvement
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March 9, 2006
element. And then there's the stuff that follows. But the final
paragraph that basically says the AUIR will go into effect
immediately upon approval by the Collier County Board of County
commissioners. In the past that's how it was interpreted. And
in this last AUIR cycle, the County Attorney's Office opined
differently, and that particular sentence was added in by our
staff with the intent to address how things had previously been
interpreted. So I just wanted to point that out because it's
something that hasn't been there, but was added there for that
express purpose.
MS. STUDENT-STIRLING: and I would like to comment on that. Our office jointly opined Mr.
-- myself and Mr. Klatzkow that if there are moratoria, you don't have automatic moratoria. There's case
law that tells us you have to go through a process to do a
moritorium. But in discussing this provision further with Mr.
Cohen, we understand that this has -- what this has the effect of
doing is, if it takes something out of the five years then when
you do the consistency analysis for, and 5.1 and 5.2 of the
transportation, it would not meet consistency. And also if it was
moved beyond the two-year window, it would automatically be
stopped by real time concurrency. So -- and I also belive
there's some provisions in our land code that are going to need
to be cleaned up after this because -- and I don't have the
language right in front of me -- but it talks about an ASI or
interim development control. So with that understanding, I don't
have a problem with this language now because it will be
automatically caught by our system without, you know, doing the
moritorium.
MR. COHEN: And the reason the language was inserted is if
you have, like, a constrained road facility and you know right at
the time of the AUIR, and you're not going to adopt the CIE until
eight or nine months later, you're adding additional capacity to
that additional trips on those roadways during that nine-month
period while you wait for an amendment to the comprehensive plan.
CHAIRMAN STRAIN: Or maybe it can work in reverse, is that
the fact that it's in AUIR for improvement within a two-year
cycle, then you can move ahead quicker and faster than if you had
to wait eight or nine months to get it adopted. Well, it could
work either way. The fact that the both of you brought it up, and we didn't is there a conflict between
your departments?
MS. STUDENT-STIRLING: I don't think so.
MR. COHEN: Not at all.
MS. STUDENT-STIRLING: I think us having had the discussion with Mr. Cohen, but you can't
do an automatic moritorium. But the way the system is set up on the consistency review, it's already set
that way in the comp plan. So, with consistency and concurrency. So we have no problem with that.
CHAIRMAN STRAIN: Mr. Scott? Is he still here? Oh, he's
hiding beyond that big fellow.
Page 20
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March 9, 2006
Don, in your -- in the AUIR, you had a series often
existing deficient roadways that made it into the A UIR. If the
AUIR did not go through its nornlal adoption process and become
effective until it normally does versus what's happening here,
how would the development approvals along those ten existing
deficient segments have been reacted to should they come in for
some more capacity means?
MR. SCOTT: And Randy has touched it in the past when the
boards, or if it was separate, said, okay, the AUIR is adopted.
I go back and change all the numbers in the concurrency database
and that's what we went with starting from that day.
Now, based on the fact that it was -- and I guess at that
point it didn't matter that you are ahead, you know, because you
were giving something that you -- this is the way it's come out.
You were given something that wasn't there before. The opposite
is that I was going to go in there and pull all those projects --
you know, essentially capacity out and say, okay, it's not six
lanes, it's four lanes until that time point so you have less
capacity on it. The decision was that you can't implement that
right away because you're taking away something without, I guess,
enough notice and other issues like that adopted through the CIE.
So it wasn't the way we did it in the past. So, one ofthe
things -- and I was talking to Randy about this yesterday -- I
don't even have the new traffic counts in the concurrency system
now. Because, we've been told to wait until the CIE process
before we put in the new capacities. Unfortunately, one of the
things I was just thinking about while I was sitting there is, we
were going to address the AUIR again in June I guess. I'll still
be on the one before at the rate we're going.
CHAIRMAN STRAIN: Well--
MR. SCOTT: Based on finding out what happens with DCA.
CHAIRMAN STRAIN: This particular sentence, does it do more or less for capacity on our
road systems at an earlier or later
time frame?
MR. SCOTT: It would give you, I guess if you had a project
in there. Say we're back at former times and you say, next year
we're starting a project and whatever. It would give you more
capacity earlier on.
Now the way that CIE is though, it would be that I could do
it right now where I'm not able to do it right now.
CHAIRMAN STRAIN: I'm sorry. Can you explain that?
MR. SCOTT: Where we push the projects out of the
concurrency window. I can't apply that yet. I'm not applying
that right now in the concurrency data5base because it has to go
through the adoption -- the CIE has to be adopted.
CHAIRMAN STRAIN: Okay. So this particular sentence--
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March 9, 2006
MR. SCOTT: Is helping me for what is reality right now.
CHAIRMAN STRAIN: But once this is adopted, it says that way so the future is going to be
more exposed, but the present isn't,
only because this first time it has to go through adoption.
MR. SCOTT: Yeah. You know, if we get to the end of the
year and the CIE is not adopted by DCA, do we change it back
again in January? I don't know.
CHAIRMAN STRAIN: So this helps you right now but it hurts
us a year from now basically?
MR. SCOTT: That's what we do a year from now. If the CIE is
adopted by DCA and they're okay with what we're doing, we might
leave it the way it is and it helps.
CHAIRMAN STRAIN: Okay. Any other questions about this nice confusing issue?
MR. SCOTT: Hey, imagine how it is for us.
CHAIRMAN STRAIN: Well, I think if you change -- we'll get
another shot at this because you're going to come back with this
whole thing anyway, so maybe between now and then we'll
understand it a little better. Page 15, are there any questions on page 15?
COMMISSIONER SCHIFFER: Just one.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: And, Randy, it's just a matter of timing. What is the -- when is
the third evaluation going to
occur and are these evaluations supposed to occur every five
years?
MR. COHEN: It used to be five years and then it got changed
to seven. We had one in 1997. The last one was finalized in
2004. Normally in that schedule we would be 2011 doing another
EAR, but my understanding is that DCA is going to come out with a
modified scheduled I think again based on, you know, after Senate
Bill 360 goes into place. I'm assuming we're going to be 2011,
but it could be a year one way or another probably.
COMMISSIONER SCHIFFER: But should we put a time or just let it float?
MR. COHEN: I think we should let it float for now until we
know the exact timing of when our next EAR is going to be
required.
CHAIRMAN STRAIN: Any other questions on l5? If not we've got a series of tables. Before
we go into the specifics on the
tables, I have a general question for the county attorney. And I
had thought the County Attorney's Office had recommended not to
get into specifics -- specificity in the GMP. Are you aware of
this exhibit eight table and the specificity, not only of the
various individual projects, but their dates, the monetary values
for each one and how they span over a four or five year time
frame.
MS. STUDENT-STIRLING: Well, in the capital improvement schedule, that's what that is.
That's a part of the comp plan. When talking about specifics, I was talking about some of the languages
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March 9, 2006
in the plan that were required to have a capital improvement schedule as part of the capital improvement
element.
CHAIRMAN STRAIN: Because it's part of the plan, what
happens if, for example, number one is Collier County Boulevard,
Davis, South US 41. It's scheduled for fiscal year some work
done in 2005 to 2006 of -- was it $2,741,000? I'm assuming
there's three zeros at the end. Or is that two billion anymore?
MR. SCOTT: Two million for right of way.
CHAIRMAN STRAIN: Okay. If this comes in at 3.2 million, do we have to change -- do we
have to change the GMP?
MS. STUDENT-STIRLING: I'm going to have to defer to the financial -- the folks that work on
the capital improvement schedule. It's required in the comp plan, and I don't know what our practice has
been if that happens.
MR. SCOTT: Well--
CHAIRMAN STRAIN: I know this is an impractical result, but
if we're looking at this as literally as we've been told to look
at it before, if it's in the GMP, it's locked in unless you change the GMP. We have multiple pages of
very definitive information, by the way, that does not correspond to the AUIR which is going to be my
next question. But if these values don't hold, how do you change them? Ifwe can't change the GMP
except for the GMP amendment, is there an exception for Exhibit A?
MS. STUDENT-STIRLING: Well, there are some -- and I don't know this plays into it, but in
the past there was an opportunity to do annual updates to the capital improvements schedule without
gomg
through, you know, a full blown amendment process. And I think
that's --
MR. COHEN: As long as you're not removing the project as a
provision -- and maybe Ms. Student can you correct me if I am
wrong -- you can actually do it by ordinance.
MS. STUDENT-STIRLING: Right. And we have done that in the past.
CHAIRMAN STRAIN: So if Don goes over -- say instead of
$2.741 he's $2.742, can he spend that $1,000 prior to getting the
amendment through some kind of ordinance or process, or our hands
are tied? I mean, this seems pretty impractical, this kind of detail in a conceptual document.
MS. STUDENT-STIRLING: Well, we are required to have a capital improvement schedule to
send to DCA as part of this plan. And, you know, ifit comes in over, I don't know that our hands are
necessarily tied. I would quite frankly have to look into that
and report back to you.
CHAIRMAN STRAIN: This whole element has to come back to us. Would you do that? My
question is possibly maybe we don't need to put the values in. If you just got to put a general schedule
m.
MR. COHEN: We do have to put the values in because we have
to demonstrate that it's financially feasible.
MS. STUDENT-STIRLING: To demonstrate financial feasibility.
MR. COHEN: All I can tell you from history wise is we've
always had a capital improvement element.
MS. STUDENT-STIRLING: We have.
Page 23
March 9, 2006
CHAIRMAN STRAIN: And I can tell you history wise since 1989 we've always had a provision
that says you've got to -- you're
required to do a PUD in a barrier island, but we found out
yesterday that ain't true. So, maybe there are changes to this
that we don't know about.
MR. SCOTT: I know. And I always applied the AUIR when I
went back to the office too.
CHAIRMAN STRAIN: Don, on these tables, they don't -- have
you reviewed the input on these tables in detail?
MR. SCOTT: Well, what happened was, after the AUIR the work program was updated based on
the direction of the Board to push projects out two years, and that was done by our budget EL T
office. And then it went back and they take -- comprehensive
planning took that data and put that into this table. So the
AUIR that you had previously is not the same based on what
happened with pushing out the projects two years.
CHAIRMAN STRAIN: Okay. But the projects that are listed on this table, don't, from my
review, correspond to the projects
that you listed on page nine of the AUIR for 2005. My question
is, could you check that before you come back to us with a
rewrite and make sure they are consistent and that the values you
have in the AUIR correspond to the time frames on here?
Mr. Kolflat?
COMMISSIONER KOLFLA T: On these notes there's a column that says notes. What are those
notes and what do they refer to?
CHAIRMAN STRAIN: Could you tell us what page you're on,
sir?
MR. SCOTT: It's the third column over. Those are the years
for -- in the right-hand column you put the money by year, but
essentially when it says '06 that's right of way. It's our
designations, like R is for right of way, CI is for construction
and construction inspection. I don't know what else is in there.
Design is D and those are the years that we're doing design right
of way or construction.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Randy, because we're going to have more time in this, I will probably
go back in and compare each
department's entry under this table for the next meeting. It
would be wise if you guys did that and came back with any
corrections so we haven't got to redo it at the meeting next
time. In particular, if you turn to page six of the table, it
starts there. And I notice now that Ms. Student said that we
should have values in here, why doesn't the utility department
put their values?
MR. COHEN: The utilities department will explain that as
part of their presentation dealing with public utilities.
CHAIRMAN STRAIN: I would rather have a legal explanation.
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March 9,2006
Ms. Student, if the values are required, do you know? And
is there an exception for utilities?
MS. STUDENT-STIRLING: As far as I know, there is not.
MR. COHEN: I can answer the question in brief. Is there an
exception? No, sir. Is it required to be financially feasible?
Yes, sir. The reason that the numbers are not there is the public utilities department is updating its water
and sewer master plan and they don't have the final numbers. And they wanted to put in accurate
numbers. That plan is scheduled to go before the Board of County Commissioners for adoption, I
believe, in the first meeting in June. So they felt that to transmit something that was inaccurate to DCA,
okay, with numbers, and then come back with numbers that were totally different, might raise the red
flag. So at transmittal, they felt uncomfortable putting the numbers in there. But when you saw the
document for adoption purposes, you would have their final numbers as adopted by the Board of County
Commissioners as part ofthat final water and sewer master plan. So that's why they're not there.
CHAIRMAN STRAIN: Well, I certainly would like a legal
opinion as to whether or not that is -- first of all, we're going
to have to approve this. Ifwe're approving a blank check, I
don't see how we can do that. And I don't see why the utilities
department can't play ball with the rest of the departments in
this county and provide the information everybody else has.
MR. COHEN: And the concern is duly noted because DCA will
be reviewing the document for financial feasibility and how are
they going to be able to review it for financial feasibility if
there's no number present.
CHAIRMAN STRAIN: I think it would be pretty silly of us to
send something to them that we know is incomplete, so, I don't
know what the legal department has to do to make this happen, but
it should be --
MS. STUDENT-STIRLING: Well, I don't think it's just the Legal Department. I think it is the
Comprehensive Planning Department in concert with the legal department, you know, discussing this
with the utilities folks.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. Not only are we going to be asked to vote on this sometime
but so is the BCC before they have
any numbers as well. Margie said they get it in April and they're
not going to see the master plan until June.
MR. COHEN: That's correct.
CHAIRMAN STRAIN: Mr. Murray.
MR MURRAY: Yeah. I have a question on page five of the
tables there. Right at the top. First one is Keewaydin Boat
Shuttle. What are the impacts if that doesn't go forward? What
are the implications here because I don't remember this project
being in the AUIR, although it very well could have been.
MR. COHEN: The implications with respect to any item that's
listed in the five year scheduled capital improvements in any
area, if we remove it, we have to provide DCA with the
substantive rationale as to why it's been removed. Okay? For
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example, you couldn't get permits, okay, for whatever it would
be. And you're never going to get them. That's justification to
have it removed. If the rationale was just financial, you say
you didn't have the money at a specific time, that isn't a
substantive reason that they would say, well, you can take it on
out. So if there's some substantive reason for taking it on out
and something happens like in a road project, you know, Don
can't acquire his right of way in the specific time period. Then
we can push something on out. Or ifhe has a permitting issue.
Those are the things that can be removed as long as we can
provide the substantive rationale.
COMMISSIONER MURRAY: Do we know whether a motion was made and passed to include
the Keewaydin Boat Shuttle in capital?
MR. COHEN: That was provided from Parks and Recreation. As part of their presentation
dealing with their element, maybe we
can address that question there as well.
COMMISSIONER MURRAY: Would you open that question because I don't
have a recollection of it having -- I know it was requested, but
I'm not sure that I remember it being --
MR. COHEN: Mr. Schmitt dealt with Parks and Recs with that
particular element, and he'll raise that issue with them.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: Are there any other questions in the CIE before we move onto
transportation?
COMMISSIONER KOLFLA T: Yeah, one question.
CHAIRMAN STRAIN: Mr. Kolflat.
COMMISSIONER KOLFLA T: Yeah. On page five under the project. Vandy Inn beach access
and Vandy parking garage. Are we to presume that means Vanderbi1t?
MR. COHEN: Yes, sir.
COMMISSIONER KOLFLA T: Why don't we just say Vanderbilt rather than Vandy?
MR. COHEN: We'll make the change.
CHAIRMAN STRAIN: Okay. And if there's no other questions
in the CIE, then let's move to the transportation element. Court
reporter, we'll take a break at 10:30.
Unless Mr. Scott -- unless you have another better approach,
we'll just move forward like we have?
COMMISSIONER CARON: That's fine.
CHAIRMAN STRAIN: Okay. First of all, the meetings that
you're going to have with the County Attorney's Office, are they
going to be changing anything that's in this element?
MR. SCOTT: Not sure at this point. I would believe, yes,
but --
CHAIRMAN STRAIN: So this element's final review by us will be after you have your meeting
on the 17th?
MR. SCOTT: That's fair. We'll be back anyways, so --
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CHAIRMAN STRAIN: Okay. Is there any questions on page one of the transportation element?
Hearing none, we'll move to page
two. Any questions on page two of the transportation element?
Okay. Then page three?
COMMISSIONER MURRAY: I have.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Could you help me, please. In the series that you have, the
bulleted series it's the -- let's see. The third one down. The use of the word protection, what do we
mean by
protection there? I'm assuming it might be like acquiring
property way in advance. Is that what that means?
MR. SCOTT: Well, in some respects too it's land development
code items. Anything that we could do to -- or as we review site
development plans, things like that, that we know we're going to
widen in the future, try to have setbacks, issues like that,
protection of, not at least buying buildings, besides buying
land. Trying to protect the fact that you're not allowing, or at
least putting on record that this is going to widen and not all
cases you know exactly what it is, but you try to get, you know,
through corridors. Even the long range plan, you're raising
issues that, okay, these roads are going to be widened in the
future and there's a possibility that this will be a four-lane
roadway, please set back your house as much as possible, or
buildings, whatever.
COMMISSIONER MURRAY: Is that internal only, or is that public notice?
MR. SCOTT: We do it in both cases.
COMMISSIONER MURRAY: We do public and -- okay. Thank you.
CHAIRMAN STRAIN: Commissioner Adelstein.
COMMISSIONER ADELSTEIN: Maintaining a county-Wide major roadways in an acceptable
level. What are we calling that
acceptable level?
CHAIRMAN STRAIN: I think that's the first bullet.
COMMISSIONER ADELSTEIN: I'm sorry.
MR. SCOTT: D and E.
COMMISSIONER ADELSTEIN: D and E?
MR. SCOTT: Level of service D and E.
CHAIRMAN STRAIN: Should we use the word adopted level
instead of acceptable? D and E is not acceptable for some
people.
MR. SCOTT: Funny thing is, I'm not sure it's exactly just
standard oriented. It might be resurfacing and other issues like
that. When you think of policies, but -- objectives.
COMMISSIONER ADELSTEIN: I also have another one.
CHAIRMAN STRAIN: Oh, before we leave that one, does that
mean the word acceptable is what you're suggesting leaving?
Because again, I think that's a subjective determination. I
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March 9, 2006
don't know of any commissioner that said the accepted level of
service shall be. I think it's the adopted level of service that
they address; isn't it?
MR. SCOTT: Yeah.
CHAIRMAN STRAIN: When Mr. Cohen gets back, we need to make sure he's aware of this
change.
MR. SCOTT: I got it.
CHAIRMAN STRAIN: Okay. As long as one of the planners has it then. Mr. Murray.
COMMISSIONER MURRAY: On the seventh bullet down it says, providing for safe and'
convenient access between adjoining properties and insuring safe and convenient traffic circulation
within and between future developments. I know that you encourage in PUDS for the interconnectivity,
but can you really effectively insure
that this can be achieved?
MR. SCOTT: No. I mean, we lose more than we gain.
COMMISSIONER MURRAY: I thought that.
MR. SCOTT: We've talked about --
COMMISSIONER MURRAY: This language is locking you into a failure situation by stating
that it is a provision.
MR. SCOTT: We've talked about doing land development code
where we're requiring, but obviously you know there's issues of
certain places you're not going to get interconnection either.
CHAIRMAN STRAIN: Change the word insuring to encourage?
COMMISSIONER MURRAY: Yeah, I think -- That's what I'm driving at.
MR. SCOTT: Okay.
CHAIRMAN STRAIN: Does that work for everybody? Hearing no nays. Okay.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Margie?
MS. STUDENT-STIRLING: I want to point out that, again, this is descriptive of what the
element contains. So, as long as we say
encouraging, we want to carry that through wherever the other
parts of the element are.
CHAIRMAN STRAIN: Okay.
MR. SCOTT: Some of them actually say encouraging too.
CHAIRMAN STRAIN: Any other questions on page three? If
not, we'll move on to page four. Mr. Adelstein.
COMMISSIONER ADELSTEIN: Policy 1.1, second line. No less than five years. It should be
not less than five years.
COMMISSIONER MURRAY: Yeah. I have that marked.
MR. SCOTT: It's probably a typo.
COMMISSIONER ADELSTEIN: Yeah.
CHAIRMAN STRAIN: Any other questions on page four? Page five. Anybody have any
questions on page five? Well, this goes back to --
MR. SCOTT: Same thing as the CIU.
CHAIRMAN STRAIN: You're going to redo that table
accurately. Page six. Okay.
COMMISSIONER MURRAY: 3.1.
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March 9, 2006
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: In policy 3.1 just for qualification for me. It says, the county
has implemented and maintains an advance right of way preservation and acquisition program. We
would have called that paper streets in the northern climbs. Is that what you're referring to here, where
you're requiring it in advance? Is that what that means?
MR. SCOTT: It's not always just that. It's also in the
purposes of knowing something is going to be widened in the
future, and an opportunity to buy and things like that too. We
can't -- for instance, we can't go out and use eminent domain to
purchase if we don't have a design done. But we can do a
purchase at a corner, for instance, if a seller is willing, you
know and we're a willing buyer.
COMMISSIONER MURRAY: Okay. So, that's essentially what I thought it might be. Thank
you. That qualifies it.
CHAIRMAN STRAIN: Anybody else on page six? Mr. Scott on policy 3.3, you have a new
word added, six. I just was wondering
in reading that, if you're going to require sufficient right of
way for six lanes of traffic, you need to define what types of
roads you're going to get that for. I mean, do you know
arterial, collector, rural?
MR. SCOTT: Arterial and collector.
CHAIRMAN STRAIN: I think it would be clearer if you added
that to the policy. Do you see a problem with that?
MR. SCOTT: Yeah. I mean, no.
CHAIRMAN STRAIN: Okay. Somebody is making note of that. Does anybody have a
problem with that? Panel?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Page seven.
MR. SCOTT: We have actually some changes on page seven we'd like to make.
CHAIRMAN STRAIN: You might get ahead of us then. We've got some too. Go ahead.
MR. SCOTT: Well, we've gone through the certification
process, and understand some staff that reviewed and wrote this
previously doesn't do this anymore. And through our
certifications process with the MPO, some of the things that are
said in here and not consistent with FHW A standards for doing
what we can do. Besides the fact that we have now a 20, 30
pathway plan. And the attorney can address those issues.
CHAIRMAN STRAIN: Okay.
MS. SCOTT: For the record, Trinity Cadel Scott. I'm the
pathways project manager for the county.
CHAIRMAN STRAIN: Trinity.
MS. SCOTT: Yes.
CHAIRMAN STRAIN: Are you his better half.
MS. SCOTT: I am his better half.
COMMISSIONER ADELSTEIN: His other half.
CHAIRMAN STRAIN: Very good.
Page 29
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March 9, 2006
MS. SCOTT: No, I'm the better half.
COMMISSIONER ADELSTEIN: I know.
CHAIRMAN STRAIN: Your hair has been cut since the last time we've seen you.
MS. SCOTT: Yes.
CHAIRMAN STRAIN: Well, it's good to see you aboard. Thank you.
MS. SCOTT: Thank you. As Don mentioned, the MPO just went through their certification
process and federal highway. In the
past, we've kind of --the county has coordinated their pathway
program along with the pathway advisory committee which reports
to a totally different board than the Board of County
Commissioners and Federal highway for dollars that are used for
their planning purposes. Really would like to see a line between
that. So we proposed a few changes. And policy 4.1, the only
change in that is that the MPO shall periodically update the
pathways plan. That's actually an MPO document, not a county
document.
Did you want me to continue on with our proposed changes,
or?
CHAIRMAN STRAIN: Well, I'm thinking, we're going to have to have this entire element come
back because Don is going to be
meeting with the law department next week.
MS. SCOTT: Right.
CHAIRMAN STRAIN: And there's going to be a rewrite. It
might be better if you tell us what policies you're changing, not
get into the changes and just bring it back in written format so
we have time to think about it after Don's meeting.
MS. SCOTT: Sure. It would be policy 4.1, 4.2 we would be
proposing totally removing.
CHAIRMAN STRAIN: Good. That was good. I had that one
highlighted too.
MS. SCOTT: Policy 4.3 amending just the year. Policy 4.4,
we would be amending just language. And I believe that was it.
CHAIRMAN STRAIN: Okay. Well then--
MS. SCOTT: So, did you have any other suggestions while
we're going back to rewrite?
CHAIRMAN STRAIN: I did but I'll defer to the panel first.
Does anybody have any issues they want to bring up?
COMMISSIONER MURRAY: Well just--
CHAIRMAN STRAIN: Mr. Murray. Just on page seven right now.
COMMISSIONER MURRAY: Oh, no. I'll go to the next thing.
COMMISSIONER SCHIFFER: I just have a question.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: On policy 4.7, the way it was
written before, it was safe movement of motorized vehicles. Now
we're making it a safe movement of non-motorized vehicles. Does
that mean we've abandoned the motorized? Should it be --
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March 9,2006
MS. SCOTT: No. But I believe this policy references all of
your bicycle/pedestrian elements.
COMMISSIONER SCHIFFER: So it was a mistake in the past?
MS. SCOTT: I would believe that that was probably a mistake
in the past.
CHAIRMAN STRAIN: Okay. If you're going to strike policy
4.2, so I'll defer my questions on that.
On policy 4.3, the last three words were struck, as funds
permit. Why was that struck? I mean, we can't build things
without the funds, so I'm not sure why you'd want that out of
there. It actually provides protection.
MS. SCOTT: I don't have a problem with it being included.
CHAIRMAN STRAIN: Okay. I think it helps. That way it's a
caveat or a criteria that we could use.
Policy 4.4. The last sentence talks about the order in
which such projects are to be constructed. The criteria for that
order as how it's established, is that going to be implemented
through the LDC? Is that what the idea is?
MS. SCOTT: Well, actually my proposed rewrite of this
language actually takes that out.
CHAIRMAN STRAIN: Well then we don't need to discuss it.
MS. SCOTT: Right. It's prioritized in our comprehensive
pathway plan.
CHAIRMAN STRAIN: Okay. That's all I had on seven. Anybody have questions on page
eight?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: This is just grammatical, I believe. The very first one. The
county shall incorporate bike lanes and roadways, resurfacing projects as -- and I deleted is -- physically
possible, as physically possible, and that will not result in a
safety or operational, or you could leave and will not, as is
physically possible, and modify the balance of that sentence as
you please.
MS. SCOTT: So we're going to put it -- just strike it as?
COMMISSIONER MURRAY: Yeah, I think--
MS. SCOTT: W e'llleave the as, strike is?
COMMISSIONER MURRAY: Yes.
MS. SCOTT: Okay.
CHAIRMAN STRAIN: This is just a grammatical change?
COMMISSIONER MURRAY: That's all regarding that.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: And on the second one, the one below that, 4.9 now, I think I
crossed out which is physically. In other words, Florida Department of Transportation to the extent
physically and safety possible. Which is I think is unnecessary there.
MS. SCOTT: No problem.
CHAIRMAN STRAIN: Any other questions on page eight? Okay.
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March 9, 2006
MS. SCOTT: That was easy.
CHAIRMAN STRAIN: Thank you, Trinity. Nice to see you
agam.
MS. SCOTT: Thank you.
CHAIRMAN STRAIN: Page nine.
MS. SCOTT: He's trying to pawn this off on me now.
CHAIRMAN STRAIN: Mr. Adelstein.
COMMISSIONER ADELSTEIN: 5.4. Concurrency exception. What is it?
MR. SCOTT: TCEA was where essentially you have an exception to concurrency in that area as
long as you meet criteria, you can go forward, as we said, no matter what. It was criteria based
on, you know, mixed use development. Other improvements like
operational bicycle/pedestrian improvements, transit
improvements, things like that.
COMMISSIONER ADELSTEIN: I have a question in my mind
though, how does that affect concurrency itself? And it just
doesn't seem to add up to me. It should be concurrency, period.
Now we're saying there's a way to do it and I can't understand
how it's being done.
MR. SCOTT: Essentially in that area specifically just on
41, if a project meets that criteria, they can go forward no
matter what the trips are on 41.
COMMISSIONER ADELSTEIN: There's nothing I can say about that.
MR. SCOTT: And that goes back to -- that goes back to when
we originally submitted and identifying that there were certain
areas of the county that were going to fail and them saying,
well, you have to do something else. You know, essentially being
allowing somebody to go forward if they do certain things.
That's where the TCEA and TCMA came out of.
COMMISSIONER ADELSTEIN: So the road will actually get worse again, get further worse?
MR. SCOTT: Well, in reality, some improvements down there
are going to help but, long term, do I have, you know, a parallel
road improvement for 41 that is the silver bullet for it, no, I
don't. I know we've talked about eight laning in the past, but
that, obviously the right of way was never set up for that and
that would be very impactive too.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Is there any thought to perhaps
rethinking the list of things that you can do to make it right?
MR. SCOTT: Yeah. I've actually, with DCA -- well, with DCA
they actually have contacted us and they're looking at all the
TCAs across the state. And looking at, is it being effective in,
you know, in what we're doing. And I believe there might be
changes that come out of that. I had initial consultation with
them. I haven't had follow up since, but that's something we'll
be looking at.
Page 32
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March 9, 2006
MR. COHEN: Let me add on to what Don is saying with respect to TCEAs. In Senate Bill 360,
there's actually a requirement
that we put into this particular element TCEA guidelines. The
reason you don't see them is DCA is still working on the TCEA
guidelines. So, I wanted to put that on the record that those
are going to come forward, probably not as a part ofthe
transmittal, but prior to your adoption because they anticipate
them being done in July or August. And as Don indicated, that's
the concern that the guidelines are not being effectively
utilized to actually properly administer TCEA in the manner in
which it was involved.
MR. SCOTT: And obviously the hard part is that, whatever
you want to say. Say you did car pool parking or whatever. I
mean, you can go and see if someone put that in there, but how is
a certain business or whatever meeting those requirements. Very
hard to go back and check all those. And that's part of the
things we're discussing with them.
COMMISSIONER CARON: You'll have input with DCA on this issue?
MR. SCOTT: Yes.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Wouldn't one of the penalties under a TCEA is the loss of one
unit for density, is it not also? Or
TCEA. I'm talking about when we look for rezoning and they're
looking to benefit an area they lose, that's the penalty. I know
there are no -- none of the details.
MR. SCOTT: Well, and there's mixed use. It's do a proper
mixed use project instead of something -- I know that we've
discussed in the past to because the original intent was to do it
during site plan and it's not realistic to do that. Those are
the things you're trying to apply at that point.
COMMISSIONER MURRA Y: I do have some other questions. And this may -- I don't know, it
struck me under one and two. It
speaks to by more than five percent. Number two says, by less
than five percent. But five percent -- I don't know, I don't
want to be silly here, but it struck me five percent is not
touched, so I can have less than five and more than five.
MR. SCOTT: Yeah, I know because it's DCA language.
COMMISSIONER MURRAY: Well, I shouldn't have touched that.
MR. SCOTT: Down on 41 --let's put it this way, we don't
have enough FIHS facilities to impact, beside the Interstate is
the closest one for this and five percent would be a lot for any
development based on infill essentially is what you're talking
about.
COMMISSIONER MURRAY: I don't mean to be picky. It just jumped out
at me and it seems a little odd, but okay.
CHAIRMAN STRAIN: Doesn't need to be corrected.
Page 33
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March 9, 2006
MR. SCOTT: I think they're referring to less than five
percent -- more than five percent of the capacity.
CHAIRMAN STRAIN: Because it's simple in the first one, you
just say by five percent or more of the capacity.
MR. SCOTT: We can probably say more than five. I mean, we
can strike and see what they say, right?
CHAIRMAN STRAIN: Well, say five percent or more and if they come back--
MR. SCOTT: Yeah.
CHAIRMAN STRAIN: Any other questions on page nine?
COMMISSIONER SCHIFFER: I have a question, Mark.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Actually it starts a little on
eight. It's policy 5.3. Would we be wise to strike out
everything except the sentence that starts with all previously
approved and goes up on page nine? In other words, why are we
telling that story? Is there any benefit to that?
MR. SCOTT: At the time we were telling it, there was, but
is there any benefit now, probably not.
COMMISSIONER SCHIFFER: And the concern is, I wouldn't want somebody to go back and
say I was before 2003 and then muddled around wasting everybody's time.
MR. SCOTT: I mean, obviously, we look at that as it comes
111, so --
COMMISSIONER SCHIFFER: I'd cross out anything and then just say all previously approved
projects.
CHAIRMAN STRAIN: Okay. Everybody fine with that? Mr.
Kolflat?
COMMISSIONER KOLFLAT: Could I return to page six to
objective four, please, at the bottom?
CHAIRMAN STRAIN: Page six. Yes, sir. Objective four.
COMMISSIONER KOLFLA T: The term pedestrians there, how do you classify someone in a
wheelchair or a youngster on a motor scooter and so forth. Would that qualify as a pedestrian?
MR. SCOTT: For wheelchairs, yes, you would.
COMMISSIONER KOLFLA T: Even though they might be motorized?
MR. SCOTT: Yes, yes. Motorized, obviously some motorized
things are slow speed, others are high speed. And that's an
issue with pathways or, you know, wider pathways. It's for the
most part it's wheelchairs and walkers. We're not talking about,
you know.
COMMISSIONER KOLFLA T: Okay.
CHAIRMAN STRAIN: Back on page nine. Why did you strike -- did policy 5.4 in its old
language, did you meet the criteria
there? Did that get accomplished?
MR. SCOTT: Yes, we did.
CHAIRMAN STRAIN: That's the first time something has been
struck because it's gotten accomplished that we've had in three
days of hearings. Okay.
Page 34
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March 9, 2006
COMMISSIONER ADELSTEIN: A little applause.
CHAIRMAN STRAIN: Congratulations, Don.
MR. SCOTT: I have to update it again because of a.m.
analysis, but we met it.
CHAIRMAN STRAIN: Page ten. Are there any questions?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: On D it says, including affordable housing.
Work force housing. Are we -- does the term affordable embrace
work force now or -- I thought that was still --
CHAIRMAN STRAIN: In our last discussion Mr. Cohen indicated that they will amend
all the references to affordable to include the new definitions that were adopted in the last development
code site plan; is that correct?
COMMISSIONER MURRAY: Okay. So you may want to -- you don't want to bold this now,
but that's one of them that you may want to include, correct?
MR. COHEN: Yes, sir.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Anybody else on page ten? Don on the top, items F and G the
words were added to be expected to. Now I'm
assuming this might be some of the language that's changing, but
as you said, if people come forward with a proposal and they're
going to include all these elements that are expected to improve
the transportation, there's no way in monitoring to see if their
elements in effect did that.
MR. SCOTT: Obviously, there's something we can do to
monitor. You know, personally, I like the TCMA better than the
TCEA because I have more control over it. Particularly if they
say, all right, I'll give you money to do intersection
improvements, things like that. Yeah, that's a problem and
that's one of the things we're going to be discussing with DCA.
CHAIRMAN STRAIN: Okay. Is that language going to be given to us before adoption at some
point so we can fix this, if
possible?
MR. SCOTT: For changes you mean when we deal-- oh, yes.
CHAIRMAN STRAIN: Okay. Page 11, any questions?
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Under policy 5.7, I have a note here explain how and by whom.
Let's see. Shall maintain -- okay. Down in here the portion of the sentence -- let's see where it says --
development shall not be permitted where such condition occurs
unless modification of the development is made sufficient to
maintain the level of circumstances with TCMA. Development shall not been permitted. That would be
you?
MR. SCOTT: Uh-huh.
COMMISSIONER MURRAY: And how would you know that? How would thatpart of it be
known to you. Were you aware of that?
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March 9, 2006
MR. SCOTT: When we analyzed during a site plan, essentially
if they ask for say 300 units and we only have so many trips
left, it might be 100 units, that's what you're talking about
where you reduce the scope of that.
COMMISSIONER MURRAY: And that's why you like the TCMA a little bit better?
MR. SCOTT: Well, it's one of the things when we were
setting this up with our outside attorneys, was that with the
TCMA we could do proportionate shares or other things towards
intersections, and that's not something we could do with the TCEA
yet. And it was -- obviously, it's easier to control some of the
things we're doing when we know we're doing it versus having
someone else do it.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: Any other questions on page II? If not, we'll take a 15-minute break
until 10:45.
(Whereupon, a brief recess was taken.)
CHAIRMAN STRAIN: Okay. We'll resume our meeting. If
everybody could take their seats. Let the record show that Mr.
Murray had to leave. Our first point of discussion that was not
a continuation of the EAR at the moment, but a schedule. Randy,
has a couple of available dates when this room will be open, but
we need some consensus from this panel as to the time frames. So,
Randy, if you could tell us \vhat those are.
MR. COHEN: The two dates that this chamber is available is
March 30th, all day, and April the 4th from 8:30 to 5:00.
COMMISSIONER ADELSTEIN: March 30th?
CHAIRMAN STRAIN: That's a Thursday. How's that?
COMMISSIONER MIDNEY: Thursday is okay.
CHAIRMAN STRAIN: Thursday's okay? Mr. Murray seemed to feel anything after the 16th,
so we'll work with him.
COMMISSIONER MURRAY: What's the other date?
CHAIRMAN STRAIN: The other day, Randy, is what, April 4th?
MR. COHEN: From 8:30 to 5:00.
CHAIRMAN STRAIN: What day is that? That's a Tuesday. Come up with the rest of us and
we'll have a quorum. The 4th is
tentative, meaning, I think we can finish this up -- if we're
going to go next Thursday after our regular meeting and we go on
the 30th of March, we should be able to finish it up. Just in
case we can't and there's any overflow, the 4th will be held in
reserve.
MR. COHEN: Yeah, keep the room.
CHAIRMAN STRAIN: Keep the room.
MR. COHEN: Just in case.
CHAIRMAN STRAIN: We're going to put both days down just in case. Okay. Both dates then,
Randy, we'll have a quorum. We'll
have a quorum on both dates and we'll just move forward once we
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March 9, 2006
have to.
COMMISSIONER SCHIFFER: And, Mark, next Thursday when we have our regular meeting,
we will not go into these issues?
CHAIRMAN STRAIN: We will.
COMMISSIONER SCHIFFER: Oh, okay.
CHAIRMAN STRAIN: Next Thursday after our regular meeting we'll move right into the
continuation of to day's discussion.
Between -- well, let's talk about that.
Ms. Student, do we have to have a time certain for going
into these discussions next Thursday?
MS. STUDENT -STIRLING: Okay. Let me just think a minute. I think as long as it's duly
noted that the meeting begins when the meeting begins at 8:30 in the morning and this will be taken up
immediately after the completion of the other items, if you want
to set a time certain. I think we've had some issues with that
before with that because they're finished up early and then you
have a big amount of space. So, if you announce that the regular
meeting is at 8:30 and this will be taken up immediately after
you complete the regular agenda, that puts people on notice that
they need to be here at, you know, at 8:30.
CHAIRMAN STRAIN: Then I think I asked Sharon to add it to
the agenda, and she should have gotten together with you, Randy.
I'm assuming she has for next Thursday's agenda. It should
already be on there.
MR. COHEN: Yeah.
CHAIRMAN STRAIN: Okay. At the end oftoday's meeting, I'll ask for a motion to continue
and we'll continue, like Margie just
said, until next Thursday.
MR. COHEN: Right.
CHAIRMAN STRAIN: Okay. We left off on -- we've finished up on page 11, I believe, and we
were on page 12 of the
transportation element. Any questions on page 12? Okay. Moving
ahead. Page 13. Mr. Scott, policy 7.6. The county shall use
community impact assessment techniques. I had never heard of
impact assessment techniques. Do you have -- are they available
or do you know what those are?
MR. SCOTT: It's funny, Randy walked out of the room and he
called me about adding it in, and I had a little discussion with
him but not a long discussion with him. I mean, we do, like, for
project development environmental studies. We do impact analysis
of cultural and resource and other things like that. I assume
that that fit into that. We also do that through quarter
planning. But I don't know specifically why he was added in, but
I know we do that.
CHAIRMAN STRAIN: Okay. Then I would assume that whatever techniques you have, there
will be an implementation policy in the LDC that would probably list them out. Is this -- do the
policies that are in the transportation element get implemented
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by the land development code?
MR. SCOTT: I tell you when you talk about some of the
things we do through our PD&E study, or quarter study -- I'm not
sure it's actually identified in LDC, but there are other
documents like PDE manual and things like that that talk about
what we have to follow to do that through Federal requirements.
CHAIRMAN STRAIN: Well, my concern then is how would the public, and somebody reading
this, know what your impact
assessment techniques are? I mean, that's why Randy asked you
what they were so you can list them.
MR. SCOTT: And maybe by reference we can do that to other
documents if that's what is required as part of that too.
CHAIRMAN STRAIN: Would you clean that up when you bring this back to us after the 17th,
which will probably be the 30th?
MR. SCOTT: Yeah.
CHAIRMAN STRAIN: Let's go to page 14. Are there any issues on 14? Mr. Adelstein.
COMMISSIONER ADELSTEIN: What is a neighborhood traffic management program?
MR. SCOTT: It's our traffic calming program. It got that
name through a committee that was assigned to do the document.
The language that's in here was changed by actually my previous
traffic calming coordinator.
CHAIRMAN STRAIN: Anyothers? Don, policy 9.2, third line
that's been added. Talks about -- second line actually -- starts
as, develop strategies and measures designed to discourage
traffic from using local streets to travel between two arterial
or collector roadways.
MR. SCOTT: Sounds conflicting, doesn't it?
CHAIRMAN STRAIN: Well, that's where I'm going. I know if
Mr. Murray was here, he certainly would point that out. The
interconnections that we normally try to strive for are being
discouraged by this particular policy.
MR. SCOTT: Yeah, it's a balance between trying to -- if
someone has a local street, I mean, it's really a local street,
you don't want to use it as a cut through versus allowing traffic
go between two areas. That's why I tried to make the point that
was my previous traffic coordinator that put it in there.
CHAIRMAN STRAIN: Well, again, maybe this ought to be looked at to be -- well, you're going
to have to come back so it's just
a suggestion. I know we dontt have to reinvent the wheel at
today's meeting because you have to come back. But would you
take a look at a way to make that coordinate better with your
interconnection requirements? And while you're at it, I would
hope that in the praising of what you've got here, you're not
encouraging gated communities as a solution, because we already
have that situation with Fox Fire and I wouldn't want other
people to see that this policy lends to more Fox Fires closing
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off public roads to access.
MR. SCOTT: And that's unfortunately the balance we play
during traffic calming too because you make it more inhibited for
people to go through then, yeah, you have a roadway that you cut
off to somebody that's trying to cut between two areas.
CHAIRMAN STRAIN: You're talking about having a more
intensive police present and a greater allocation of patrol time
devoted to enforcing the speed limit in particular neighborhoods.
That's nice you're saying that, but do you have a
committment from the SO to do that especially when their budgets
are cut up every year?
MR. SCOTT: You know, we've had discussions with the
Sheriffs Office as part of our traffic calming program. And we
have used them, or, you know, suggested, police force in certain
areas based on that, but is that something that you have a lot of
control based on budget, no, you don't, besides hiring them
ourselves off duty.
CHAIRMAN STRAIN: If this is a viable element that you can
approach, I see nothing wrong with it, but if it's just some
words to pacify people to make it look like we're trying to do
something but really can't because it's not properly addressed
between departments.
MR. SCOTT: Well, enforcement is always an issue because we
can -- I can go put in speed bumps somewhere and the speed might
go down three miles an hour. And if someone is still going 60 in
a 35, it gets back to enforcement in those areas. And we do have
those issues where we have speed bumps and someone is still doing
60 miles an hour on it, so --
CHAIRMAN STRAIN: Well, when you're reviewing it, if there's a way to make it a little bit
better, you might want to look at
it. Page 15. Anybody have any questions on page 15.
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Yeah. Don, in the neighborhood traffic management program,
is there anything to study where these locations are?
MR. SCOTT: What usually is raised is, we do it by -- it's
more of a, you know, customer driven where someone says I have a
problem in this area then we have a process that we go through to
identify do you meet criteria or not meet criteria. That's what
they usually go by.
COMMISSIONER SCHIFFER: But if you look at the top of page 15, you're establishing criteria
for interconnections. You
should be able to spot where these things would occur without
waiting for the neighbors to complain, right?
MR. SCOTT: Yes.
COMMISSIONER SCHIFFER: So, you know, should we be
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March 9, 2006
developing some sort of a standard to prevent these kind of
designs to be caused? I mean, you're looking for designs on how
you connect it wisely, but do we have something to prevent it
from --
MR. SCOTT: More of our issue is in where over time
congestion is built on a certain -- say, take an intersection and
we haven't improved that intersection, and then you make a lot
more trips go on the local system to avoid the intersection. And
the point is we should probably just fix the intersection. And
that's what through -- I know through at least the manual it
talks about that a lot. Some of the intersection improvements
are not as easy to fix.
COMMISSIONER SCHIFFER: In other words, you don't look for these short circuits ahead of
time?
MR. SCOTT: We try to, but obviously funding and other
issues come up, and timing of projects, you know. My example
right here is Davis and Airport. A lot of people to avoid that
intersection cut through the back side of Palm and Harrison, or
through ST and areas back over there. We need to fix the
intersection with proper turn lanes and things like that.
COMMISSIONER SCHIFFER: I mean, the community character study, the kind of complaints
is we didn't have enough of these shortcuts, so we're also in conflict with the smart growth plan?
MR. SCOTT: That's the balance side of it. I mean, I don't
believe anybody -- you know, some areas somebody doesn't want to
have outside people cutting through, but it's not really the, you
know, here and there. It's the constant traffic trying to get
around. ThaCs the balance side of it. You know, they do
conflict. Because in reality if I can get more collector
roadways connecting up, it's better for the major system, but --
COMMISSIONER SCHIFFER: But it may not be because I live in an area where there's a
closed passage which we could take, a
neighborhood road to get through to our place staying in the
neighborhood, and now everybody in that neighborhood is out on
the main intersections, bad intersections, bad roadways. So you
essentially force a neighborhood to go through, you know,
arterial roads.
MR. SCOTT: I know. Even people living in it. Exactly.
COMMISSIONER SCHIFFER: So, what I'm looking for is, do you have any standards of what
not to do? I mean, 9.3 establishes
standards of what to do. And 9.5 -- well, I think enough said.
Move on.
CHAIRMAN STRAIN: Any other questions on page 15? I have one on 9.8, Don. Last
sentence, primary funding for such plans
shall come from local funding initiatives such as MSTUs and
MSBUs, that is the area that is to benefit from the traffic
calming.
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March 9, 2006
I would want to make sure that if there's any grants
available on other things that are outside that funding source,
they could still be utilized. So would the word shall changing to
may work okay?
MR. SCOTT: Yes. And they're not always consistent with
MSTUs anyway. The MSTU is written a certain way, it doesn't
necessarily mean you can do it that way.
CHAIRMAN STRAIN: Okay. 9.8 shall go to May. There's no
objection? Page 16? Mr. Adelstein?
COMMISSIONER ADELSTEIN: 10.1. When are you going to do it? You have to develop a
program to examine and maintain. Are they going to start it now or is it something that's going to
happen
in the future or maybe years away or what?
MR. SCOTT: Well, I mean, the long-range plan identifies
major roads. And then we also have the east of 951 that's
ongoing right now, which is what I'm doing from a standpoint of
different levels. Like if you had this much money, what can you
do.
COMMISSIONER ADELSTEIN: I'm saying the county shall develop a program to examine.
Are they going to develope it? Is it
something that you're going to sit down and start working on now,
or is it going to take years before we get into that actually
doing it?
MR. SCOTT: If I am referencing that, it's over the next
probably year-and-a-half. If the other side of this, I don't
know if this is referring to -- I mean, we have maintenance for
like road paving when it gets to a certain level. That's done
too. Obviously, there are issues out there of the limerock roads
to be paved, which has been --
COMMISSIONER ADELSTEIN: But you're developing a program to examine. I'mjust
wondering, if it's going to be an actual
program to develop--
MR. SCOTT: I don't know what it specifically refers to.
I'm looking at it as the big picture of the roadway system
because at the end of it, it says mobility needs, the rural to
urban travel. So, I'm assuming it's the long range plan. Sounds
like the model to me, but -- it's been around for a while.
COMMISSIONER ADELSTEIN: Well, that's what I was looking for.
CHAIRMAN STRAIN: Policy 10.3, Don.
MR. SCOTT: We would like to strike that based on previous
MPO action in 2005.
CHAIRMAN STRAIN: That's where I was going. Thank you. Page 17. Any questions on page
177 Top ofthe page, this talks about the transfer of the Sea of Everglades Airport, I believe, to the
city instead of the county. The county currently retains that
airport? If the county is selling or disposing ofland, why is
it an issue of the transportation element of the CIE, or of the
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March 9, 2006
GMP? Why isn't it simply done like the county disposes all land?
I'm worried --
MR. SCOTT: Why does it elevate itself to a policy?
CHAIRMAN STRAIN: Well, but I'm worried it's going to bind
the Commission, because any sale might want to be linked to a
reverter clause so that if it's not used for an airport, at least
the county may have some access, public access for boat ramps or
whatever else because right now, Everglades City is virtually
shut out of public boat ramps and they're condominimizing them
down here so it's kind of hard to get a boat in the water. I
would hate to see us give this air park away without absolutely
no restrictions, any reverter clauses or anything, or any future
possibilities of a public use for county residents. It would be
like shutting off the beaches in Naples. So this is pretty
strong in a sense it ties the hands of the board to be able to do
anything else, but this ifit's in the GMP.
MR. SCOTT: And I cannot recall the reasons why it was added
-- obviously it was something that came out of the MPO.
CHAIRMAN STRAIN: Maybe the MPO wants to dump it, but the manner in which they dump
it ought to be --
MR. SCOTT: Well, I'm not sure they did, you know.
CHAIRMAN STRAIN: Okay. I don't think this policy ought to
be in the GMP. I think it's more of a county policy involving
their ownership of lands and how they dispense those. I don't
think --
COMMMISSIONER TUFF: Well, it's over in that area because,
you know, the county was saying we're going to drop it and make
it into something like what you're suggesting, but -- so they
wanted to keep it as an air park and that's why they took it
over.
CHAIRMAN STRAIN: And that's why a reverter clause becomes handy. Ifit doesn't pan out as
an airport, which, in reality,
it may never, then eventually, if they want to do something else
with it, the county would have a say so and what's done and
access to it. And that's the concern I have. There is no -- we
complain about access in Marco Island and Pelican Bay and other
parts of the county and here we are given the only access the
county has away in another locality. And once we give it away,
we can't get back in the water down there.
COMMMISSIONER TUFF: Should Everglades City make those decisions or the county?
CHAIRMAN STRAIN: The county owns the property.
MR. SCOTT: It seems like it's an airplane-related issue as
to why it was added through the MPO which deals with all modes of
travel. Concern through the Airport Authority or something about
where this was added at that point.
CHAIRMAN STRAIN: Ms. Student?
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March 9,2006
MS. STUDENT-STIRLING: I think maybe by way of background, the transportation element is
supposed to concern itself with airports as well as roads and so forth. And also it's supposed
to address the airports in the county. And without knowing more,
it would seem that this probably is too wordy, but it's to
indicate that, you know, the airport or air park is going to be
somehow not under the county's jurisdiction. And that's what I
would think. I wouldn't want to make it too specific because you
don't want to, as you say, kind of hem in the county on its
negotiations for how this is to be accomplished and whatever
instrument transfers it.
CHAIRMAN STRAIN: But I don't see in this paragraph where
there's any indication the county would have any leeway once it's
transferred. For example, if, like -- if we have an opportunity
to transfer -- ifthe City of Everglades wants this, then maybe
we ought to have some county, some property donated so the county
can create a county park down there and the residents of the
county can utilize within that city because there isn't one right
now.
COMMMISSIONER TUFF: Except the city gave it to the county to use as an air park and now
they're not going to, so the city
wants it back.
CHAIRMAN STRAIN: Fine, but what's wrong with a reverter
clause to limit it to that use?
COMMMISSIONER TUFF: Then it should revert back to -- the
City of Everglades had it to begin with. They said, you can have
it if you're going to make an air park. The air park - the county is threatening that so they say, well,
give it back then. I just don't think it's our -- it's the city's stuff originally.
CHAIRMAN STRAIN: Well, when it comes to beach access or
gulf access, I think every opportunity we have to make sure we
don't lose more of it, we ought to scrutinize. And by having
this in here, I'm concerned that this level of scrutiny --
MR. SCOTT: Since we are coming back, let me check into
Everglades Airport Master Plan which is referred to in here and
when this might have been added. Could have been the previous
airport director too.
CHAIRMAN STRAIN: Okay. That's fine with everybody, bring it back. Any other questions
on page 177 Hearing none. On page 18? If there's none on page 18, Don, I think we've gotten
through your pages and we'll just wait for you to come back to us
on the 30th of March.
MR. SCOTT: Okay. Thank you.
COMMISSIONER SCHIFFER: Just is the transportation question general? Don, when I watch
on the news like you're working on getting the Vanderbilt extension and there's a homeowner
complaining that, you know, I've lived in this neighborhood 20,
25 years and he didn't know the road was coming. What are we
doing with the planned roads -- I know we have a plan for 25
years out, but obviously, it didn't help this neighbor and that
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March 9, 2006
road wasn't even included on it, I guess.
MR. SCOTT: No, it was actually. It was actually not only
just the long-range plan that we just adopted, but the previous
long-range plan. And how -- this issue has come up in other
parts ofthe county. We do a lot of public meetings. We
advertise everything else and nobody seems to care until you're
actually widening in front. I had issues on Santa Barbara before
where, hey, we never knew Santa Barbara was going to be six
lanes. And can pull up old articles out of the Naples Daily News
where, you know, it was in the headline that this was going to be
done. How do you get to everybody? It's a problem. There's a
public petition actually at the BCC meeting about this Tuesday
about VanderbiJt Beach and they talk about more public
involvement. You know, the one -- one aspect of everything we've
developed, even through design. We do 30, 60, 90 percent design
meetings, have the signs on the side of the street.
Unfortunately, I don't know how you get to everybody. Was it in
the plan 20 years ago when the person moved there? Probably not.
Twenty years ago I don't think anybody believed a lot of that was
going to develop out, but --
COMMISSIONER SCHIFFER: And I guess my question is, what planning should we be doing
now so that, you know, maybe in the year 2030, 2050 the people know -- I mean, do we have a plan? I
mean, we see build-outs, we see horrible population, do we have a
road system that handles that population?
MR. SCOTT: We have what is an adopted 20, 30 year
long-range transportation plan. And I know we've discussed at
some point having presentations to the Board. I know at the
orientation meeting you were talking about cancelling Planning
Commission. That's probably the time we should do, okay, let's do
an LR TP presentation and some of the other things so you know
some of the documents we're talking about. Beyond that, for east
of 951, I've gone to modeling the build out, which I put a, you
know, a year at it 2050. Essentially looking at, okay, if you
have that population, $1,066,000 and you model everything, where
would I need roadways to meet that demand. That's the process
that we're going through right now. And I believe you'll
probably want to get involved with the east of 951 study as that
moves forward too.
COMMISSIONER SCHIFFER: But I want to make sure that the Planning Commission is doing
what they're supposed to be doing in that process. I mean, I think --
MR. SCOTT: I think you've raised as a body that from a
planning, that's probably the things that you want to start
getting into. In the past you haven't.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Okay. Thank you, Don.
MR. SCOTT: Thank you.
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March 9, 2006
CHAIRMAN STRAIN: We'll move on to the sanitary sewer
sub-element, next one up. Let's see how fast we can get through
ten pages. I don't know what preference you have in going
forward, but --
MR. V AN LENGEN: If I may, Mr. Chairman, I do have a couple comments --
CHAIRMAN STRAIN: You need to identify yourself for the
record.
MR. V AN LENGEN: I'm sorry. This is Chris Van Lengen,
Comprehensive Planning Department.
CHAIRMAN STRAIN: Thank you.
MR. V AN LENGEN: A couple comments that apply to the next
five sub elements. And this may make the process just a tab more
efficient. The two comments are less than weighted, will be some
of your easier decisions. But one of them is that within these
next five elements there is a single goal so that during the EAR
process, a decision was made to not number a single goal and
therefore each objective would have a single digit. Each policy
would have two digits. It's simplified since there's only one
goal. On the other hand, the downside is that since all other
elements of the plan have three digits in their policy numbers,
there's a bit of an inconsistency there. The EAR report called
for eliminating numbering a single goal. That's what we've done.
But if you have a different idea about that, we would certainly
love to entertain it.
CHAIRMAN STRAIN: You're basically talking about the format and the way the different
paragraphs are labeled.
MR. VAN LENGEN: Correct.
CHAIRMAN STRAIN: I'm not at all concerned about it myself.
I like the substance of the paragraphs is where my objectives
are. And I'm not sure, maybe others in the panel right now would
have a concern over the issue. If they do, please express
yourselves. Otherwise, what's your second issue?
MR. VAN LENGEN: The other relatively small issue is will
and shall. I think most of these elements use the word shall
instead of will, or in place of will. And in the next five
elements you'll see them interspersed. We've had differences of
opinions over a historical period of time. My impression at this
point in time is that the county prefers shall in all instances.
We're happy to change all those references if that's your
direction.
CHAIRMAN STRAIN: I would think it would be Ms. Student, you previously opined on these
Issues.
MS. STUDENT-STIRLING: Thank you. If it's mandatory then you would use shall, and ifit's
not mandatory, may could be utilized, and then will sometimes carries an ambiguity with it. But, under
our
land code historically shall was defined as mandatory. So if it's
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March 9, 2006
not, I'd say mayor will. But I think may is more clear that
it's discretionary and not mandatory.
MR. V AN LENGEN: Thank you. Then the other overall comments about the five goals in
general is that most of the changes were words missing in order to hopefully achieve greater clarity in
the statements. They include updates to reference documents and
updated programs as well. And with that, if you want to go
through page by page starting with sanitary sewer.
CHAIRMAN STRAIN: I think that would be the best. Let's
start with page one. Does anybody have questions on the
introduction on page one? Well, I do. And I notice you
consistently use this terminology in the third line down. I see
the new tenn environmentally sound. And I notice it's used in
the beginning of some of your other policies as well. And
dropped out in some of them. What is environmentally sound? I
mean, how is that -- do we have a definition of that? Is that
going to be implemented or spelled out somewhere? Because I
don't believe this gets into the LDC. So, how would someone know
what environmentally sound is?
MR. VAN LENGEN: I think it's descriptive and it comes
directly actually from the goal itself, which talks about
providing sewer facilities in a cost effective and
environmentally sound way. If you look at the goal that is
actually in the title of the goal, and it has been, I don't know
if there's a definition for it.
COMMISSIONER MIDNEY: I would think sustainable would be more specific.
CHAIRMAN STRAIN: Environmentally sustainable?
COMMISSIONER MIDNEY: Sound to me doesn't really convey any meaning.
CHAIRMAN STRAIN: Well, David, how would you know what that means if you were
looking at this as someone who had to meet the criteria?
MR. WEEKS: Well, first comment would be that the fact that
-- oh, for the record, David Weeks, Comprehensive Planning
Department.
First comment is that it's, first place it's just an
introduction, which has no regulatory effect. Secondly, being
within a goal, it's a broad provision, and so it's not something
that we -- that I would say comes down to an enforcement issue.
Because the goal, which is broadly stating what you're hoping to
do. Usually it's when you get down to the level of the policies
that we see the regulatory impact where it says we shall do a
certain thing, or shall accomplish a certain thing. Having said
that, I think staff will have no objection if you want to use the
term environmentally sustainable, or just sustainable as opposed
to environmentally sound. I would agree that that's a rather
loose term.
CHAIRMAN STRAIN: Well, my only concern is we've seen
different challenges to our codes and system based on
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interpretation. Some people may feel that just using recycled
cups in the restroom is environmentally sound. Somebody else may
feel the way you dispense the water into percolation ponds is not
environmentally sound. And it could get you into some trouble.
And that's all I was trying to do. The ambiguous language in
some of these are concerning. And if you guys feel it's
comfortable, you don't think it's going to be a problem, you're
the professionals in this. But I was just raising a flag at this
level to let you know.
MR. WEEKS: Put it into context, of course, times change,
but this has been in the plan since its adoption in '89, and so
far has not been an issue.
CHAIRMAN STRAIN: Okay. Questions on page two? Hearing none, questions on page three.
Ms. Caron?
COMMISSIONER CARON: Policy 1.6, what is budgetary emphasis?
MR. V AN LENGEN: Well, I think it means the county better
spend some real money on the problem. They're really is a way to
state that it should be at some level of priority type ofproject
and the budgeting process, but it's certainly not quantified in
terms of where in the budget or what priority it should have.
COMMISSIONER CARON: My question would be why did we take out priority if that's really
what you want is for it to be a
priority and use the word emphasis? I just didn't get it.
MR. VAN LENGEN: Well, in my view budgetary emphasis would be a bit stronger in the sense
that a lot of times we have
priorities that go unfunded, and this would at least tie into the
budgetary process.
COMMISSIONER CARON: So budgetary -- I'm sorry. Budgetary emphasis is a stronger phrase
than budgetary priority?
MR. VAN LENGEN: Well, yes. I see what you're saying. What is budgetary priority.
COMMISSIONER CARON: It was priority. I mean, I understand what you mean by unfunded
priorities, but I'm not sure budgetary emphasis actually makes it any stronger. And you can tell me if I
am wrong.
MR. VAN LENGEN: Well, the only concern I would have is the word priority suggests in
comparison to something else, and I'm
not sure what else it would be compared to. So, budgetary
emphasis just simply says let's find some way to fund it.
COMMISSIONER CARON: Go ahead.
CHAIRMAN STRAIN: The top of the page, policy 1.4, the new
language, the last line refers to looking for utilities to provide a letter of adequate capacity at the time of
building permit. I seem to recall that -- I thought we see those letters occasionally during PUD process
for rezone, other times during SDP. Is this consistent with the way we operate today? That we wait
until the building permit to look for capacity? Our COAs, don't they deal with capacity? Aren't they --
what stage do we hit those at for all projects?
MR. VAN LENGEN: I'm flagged here by personnel from Public Utilities and they'd like to
make a statement on that.
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March 9, 2006
CHAIRMAN STRAIN: Ms. Student?
MS. STUDENT-STIRLING: I note that this is for private sanitary sewer facilities. And I think
that somebody could correct me if I am wrong, but I believe our COAs deal with the public, adequate
public facilities. And this would be the private provider.
CHAIRMAN STRAIN: So at the time a PUD comes in and we're looking at improving huge
amounts of density for a project in an area that isn't serviced by the county, we would have to approve
it, and they wouldn't have to approve they have capacity, or
they're going to put a sewer system in that's going to have
capacity until they actually went in and applied for a building
permit for their housing?
MS. STUDENT-STIRLING: That's what this appears to say. I would have to defer to utilities,
either the utilities staff or --
MR. GRAMA TGES: May I attempt to answer that, please?
MS. STUDENT-STIRLING: Certainly.
MR. GRAMA TGES: My name is Phil Gramatges, Principal Project Manager, Public Utilities
Engineering. We do hydraulic analysis at the time the PUD is proposed. Part of our review we do
hydraulic analysis to determine whether or not we have enough
utility capacity to handle the new development, or you know, the
new construction that is coming aboard. And that's how typically
we do it.
CHAIRMAN STRAIN: Okay. By the way, now I've got a name to the face, Phil. Thank
you for all your help --
CHAIRMAN STRAIN: -- and the documents you've sent me that led me to hopefully
understand this better, and I appreciate your
time and effort on that behalf. But this is for -- they're
talking here about private systems not the county systems.
MR. GRAMA TGES: We're talking private systems, but of course, as far as public systems is
concerned, we do the same analysis
naturall y.
CHAIRMAN STRAIN: Right. But I think the question focuses
on if someone has a private system, when do they have to submit
to the building department that their private system is going to
have capacity to utilize whatever is going to be placed --
MR. GRAMA TGES: Well, as far as their capacity is concerned,
yeah, that would be at the time that the permit is reviewed. But
we analyze whether or not we have capacity to provide services to
them at the time of the PUD.
CHAIRMAN STRAIN: Okay. Well that kind of helps.
David, should there be some consistency if it's used -- if
the county does it at the zoning stage, would it be better to
require a none element such as this to be revealed at the zoning
stage, or is there a reason that's put off to the building permit
stage?
MR. WEEKS? I don't know the reason why its deferred.
CHAIRMAN STRAIN: Ms. Student.
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March 9, 2006
MS. STUDENT-STIRLING: I can shed some light from a historical perspective. First off, I
don't know that we have that many
private providers left, but I do know that in the past whether
it's old PUDs before the county had its system more centralized.
The private provider wouldn't come on board -- they would provide
services to that PUD. So they wouldn't be there yet when the PUD
was approved, but there would be language in the PUD document
that this said they would provide a package treatment plant, or
they would provide some kind of water supply facility as part--
as a condition of getting the PUD approval. And then -- I don't
remember specifically what all that language said, but supposedly
it would be on line to serve the impacts of the development when
the impacts occurred. And now with the centralization of the
county facilities, you just don't see that so much anymore. I
don't know that there aren't any out there. But I think that's
probably why because it's not there when the PUD was approved.
CHAIRMAN STRAIN: I think you're getting to the right
answer. I think -- as a example, I know when Ave Maria, when
they came through with their DRI, they told us basically they're
going to provide their own system. That system may not be up and
running, but when they come in for building permits, I think
they'll have to prove that it is. That's how this is -- now this
makes sense. This dovetails to that.
MR. WEEKS: Just to go over Margie's comment briefly that
over the years, certainly since plan adoption '89, the county has
expanded its water and, waste water in particular, capacity
significantly in those package treatment plants I think without
exception, the package plants have disappeared. It's now just a
handful of private utilities, the one that serves Golden Gate
City area and Orange Tree Utility as being the two principal
private utilities in particular. And as you probably are aware,
the county will be taking over Orange Tree in just a matter of
years.
CHAIRMAN STRAIN: Thank you. The next question on that page would be 1.5. In about the
center of the page and the second,
you reference not readily accessible. When you're talking about
when someone has to connect to an existing central system, where
would a definition be of what's not readily accessible? For
example, how many miles away does a line have to be before it's
determined to not be readily accessible?
MR. V AN LENGEN: Phil, do you know that?
MR. GRAMATGES: I don't belive there's a hard and fast rule
to determine how many miles away they have to be. Typically,
readily accessible means there's a line in the street in front of
the development or in front of the particular house that is being
built.
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March 9, 2006
CHAIRMAN STRAIN: So if someone lives in a home that is
quite a ways away but there's a new sewer plant going in, as long
as that line is not in the street, they're not obligated to have
to pipe all the way to that plant?
MR. GRAMATGES: No.
CHAIRMAN STRAIN: And this language couldn't be construed to mean that? That's all I'm
concerned about. Sometimes we get different people interpreting things.
MR. GRAMA TGES: Sure.
CHAIRMAN STRAIN: Ijust want to make sure that an absurd
interpretation couldn't come out of such language.
MR. GRAMATGES: We can look at the language and we can-
CHAIRMAN STRAIN: Would you mind?
MR. GRAMATGES: Okay.
CHAIRMAN STRAIN: The next two lines down it also says other central sewer service
becomes available. Well, if you tie that
with not readily accessible, someone could argue that as soon as
the plant is built out on Orange Tree, it's available to
everybody in Golden Gate Estates. And I can tell you, it is not.
MR. GRAMA TGES: Well as soon as a line is placed in the
street in front ofthe homeowner's house, then they have the
obligation to --
CHAIRMAN STRAIN: I agree with you at that point, yes, sir.
I just -- I know that's what your standard procedure has been.
If that's referenced in a policy, then maybe we can just simply
put, not readily accessible pursuant to policy so and so. Or
pursuant to whatever document you have. That way it cleans it up
so everybody knows exactly what those two ambiguous terms mean.
MR. GRAMATGES: We certainly can do that.
COMMISSIONER SCHIFFER: Mark, on that point.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Wouldn't that be something is better put in the LDC anyway? I
mean, this is definitely what we want to have happen. The LDC would have the requirements of how
that happens.
CHAIRMAN STRAIN: I don't think any of this is in the LDC.
How much of the sewer and water stuff is in the LDC, Margie?
MS. STUDENT-STIRLING: I don't think any of it really is. Not all ofthis is in the LDC.
There's other ways to implement this, not only through the LDC but other ordinances of the county and
the
issuance of other programs of the county and the issuance of
development orders.
CHAIRMAN STRAIN: I just wanted to see it referred to so
that there's no absurd interpretation by someone else.
MS. STUDENT-STIRLING: The utilities ordinance may -- you may want to check on that, but
the utilities ordinance might flush some of this out because there is such an animal.
CHAIRMAN STRAIN: Down on 1.6, third line, connection of
existing package sewage treatment plant in areas of high
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March 9, 2006
concentration of septic tanks. What is a high concentration of
septic tanks? One per block, 20 per block, or an acre? Do we --
MR. VAN LENGEN: Phil, you might as well stay up here and
answer these questions with me.
MR. GRAMATGES: I will try to do that. Honestly, I don't
have an answer to that. High concentration I would assume that
everyone in the street that has a home or place of dwelling would
have a septic tank. That is, in my own mind, what a high
concentration would be, otherwise, I really can't answer that.
CHAIRMAN STRAIN: Would it matter then how many homes per acre are on that street? For
example, you could have ten homes
on the street or you could have two or you could have 50,
depending on the size.
MR. GRAMATGES: Ifit's logical, yes.
CHAIRMAN STRAIN: Would you work on that language when you come back--
MR. GRAM A TGES: Absolutely.
CHAIRMAN STRAIN: -- with these changes, those two will be
addressed. Thank you. Page 4. Anybody have any questions on page 4?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: I think it's a good idea to take the loadage out. But is there any
difference between 64E and the
gallons per day we have here. Does this alter the requirements?
CHAIRMAN STRAIN: Where are you talking about? What part of the page?
COMMISSIONER SCHIFFER: Four kind of bleeds onto five. I guess I'm over on five, if that is
CHAIRMAN STRAIN: I still don't understand what you're
trying to ask, Brad.
COMMISSIONER SCHIFFER: What exactly -- they're crossing out all of the gallons per day
requirements. And essentially what they're doing. It starts at the bottom of four. They're saying
why print these when you should go to 64E anyway. I think we
should get them out of the code. I don't think this is where you
should look.
MR. GRAMATGES: The old reference in 64E, so there's no need to put them in here.
COMMISSIONER SCHIFFER: Right. But my question is what's in here is the same as 64E?
MR. GRAMA TGES: I don't know if it was or not. I can't tell
you if 64E has the right numbers. I can't tell you this time
whether what we crossed out was the same numbers we had in 64E or
not.
COMMISSIONER SCHIFFER: Okay. Because the only reason this would make sense here or
not is if those before us thought that
they would rather set a standard than the State set the standard.
That's all. Maybe, if you are coming back -- well, we can check.
I'll check.
MR. GRAMA TGES: Okay.
CHAIRMAN STRAIN: Page five. Why don't we go to five, six
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March 9, 2006
and seven. They're all kind of similar.
COMMISSIONER SCHIFFER: My only concern is did in the past, Collier County set higher
standards than the State. They
obviously couldn't set less. And that's the only question.
CHAIRMAN STRAIN: Okay. Phil.
MR. GRAMA TGES: I cannot answer that.
CHAIRMAN STRAIN: But can you come back with an answer?
COMMISSIONER SCHIFFER: And this wasn't something that was noted in the EAR. This is
something that happened.
CHAIRMAN STRAIN: You may want to bring the mike closer.
COMMISSIONER SCHIFFER: This wasn't something that was noted in the year.
MR. LITSINGER: Good morning, Mr. Chairman, Commissioners. For the record, Stan
Litsinger, Public Utilities Division. 64E, which was formally known as 10-6 of the Florida
Administrative Code contains all the standards of service that apply to private systems, whether they be
a septic tank type system, or a private package plant system, as opposed to the certificated systems like
Orange Tree and the Golden Gate City system.
And what we had done back in 1989 is, for some reason we had
decided to not only refer to 10-6 to list all the standards that
were contained in the Florida Administrative Code in which, in
some cases have changed. And in addition, that particular code
has been moved to another department of the state and has been
renumbered and updated. So, the adoption of any particular
standards in the comprehensive plan might lead to a need to
potentially amend the plan to change each individual standard,
when in the event of real application, we do not apply an annual
or daily monitoring of the application, or the use of the
facilities and the services of these private providers. They
report to the state.
COMMISSIONER SCHIFFER: Stan, do you remember, my only concern on this at all, and it's
really not a major concern is,
did we include these standards because it's odd that they would
be in the GMP to begin with.
MR. LITSINGER: Yes, I agree it was odd.
COMMISSIONER SCHIFFER: Did we include these because we wanted to set a higher
standard in the State? I mean, I use
these in my work and --
MR. LITSINGER: These are verbatim from the Florida
Administrative Code.
COMMISSIONER SCHIFFER: This is an extremely wise thing to do. I just want to make sure
that we weren't upset with the
state's numbers and we took advantage of that.
MR. LITSINGER: We just reiterated what is now 64E.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Any other questions on page seven? I have one, objective three. The
new end group says we'll also insure
that such practices are followed by private utilities regulated
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March 9, 2006
by the county. Page eight, policy 3.1, the new language says
that the county will insure that private waste water utilities
regulated by the county follow similar practices. I just want to
make sure that there's not a discrepancy between are and similar.
The one case they're going to follow such practices and the other
case they're going to follow similar practices.
MR. GRAMA TGES: One is more specific than the other. We can change that language to make
it sound the same.
CHAIRMAN STRAIN: I think you need to. Either way you go,
it still should be consistent so no one argues it isn't. So,
when you take a look at it, and you're going to be coming back
anyway, we'll look at it then.
Page eight, any questions on page eight? Under objective
four. If you take the policies one, two, three and four, you've
made some tweaking to the language in those policies. But if you
turn to page eight of the water element, you'll find those
policies are repeated in policies one, two, three and six of that
element, but the language is not tweaked, nor is it the same.
But it's generally the same concept. I'm wondering if your
intent was to be consistent and somehow it just didn't get done
that way.
MR. VAN LENGEN: Kris Van Lengen, Comprehensive Planning. Yes, our intent was to be
consistent and we will make those
changes to make them read consistently.
CHAIRMAN STRAIN: Okay. So when you bring it back that
objective in the sewer will be met to the objective in the water
in regards to those policies. Any other questions on page eight?
If not, page nine.
COMMISSIONER SCHIFFER: I have a nine.
CHAIRMAN STRAIN: Go ahead, Bard.
COMMISSIONER SCHIFFER: Policy 1.6, new number. You're referencing reclaimed water
system. Is that the same as treated waste water, or is that gray water that we could start capturing
from buildings?
MR. GRAMA TGES: This is what we are going to be calling in
the future irrigation quality water. Yes it is recycled waste
water.
COMMISSIONER SCHIFFER: But I mean, it is the same as
recycled? In other words, this would have to go to the treatment
plant and come back at you?
MR. GRAMATGES: That's right. It's what comes out of the
treatment plant.
COMMISSIONER SCHIFFER: It's not gray water which is
essentially -- in buildings, we sometimes especially in remote
areas, have a gray water system which is taking showers, stuff
that doesn't require treatment and using that for irrigation. So
you think they might have meant that when they wrote this.
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March 9,2006
MR. GRAMA TGES: I don't believe so.
COMMISSIONER SCHIFFER: So we reclaim the water, then we should use -- so the intent of
this thing then is to try to find
other communities where we can connect to their treated waste
water, or it is ways of trying to get gray water out of
developments and stuff?
MR. GRAM A TGES: No. What this is trying to refer to is that
we are trying to supplement our irrigation quality water system
by taking not only reclaimed water but also water that we store
in SAR aqua -- aqua storage systems below ground. And any water
that we can reclaim from surface runoff and storm and so on. It
doesn't mean that we're going to go into communities and try to
get theirs. It doesn't preclude us from doing that, by the way.
But I don't believe that's the intention of this, unless you'll
disagree.
MR. VAN LENGEN: Yes. Kris Van Lengen, Comprehensive
Planning. The intention is to expand the availability of water
to other communities by using the sources that Mr. Gramatges has
just mentioned.
COMMISSIONER SCHIFFER: So is reclaimed water treated, or is it like you were describing it
could be storm water runoff.
MR. GRAMA TGES: Reclaimed water is -- reclaimed water
specifically is water that comes out of our waste treatment plant, yes.
COMMISSIONER SCHIFFER: So should we call it like we do
everywhere else, treated waste water? I'll tell you what, let me
back away. Don't do that. I think it might have a wider horizon
than just that. Thank you.
CHAIRMAN STRAIN: As a follow up sort of to his question, we have policies that, like policy
two of objective four, talks
about distribution of some of this treated waste water affluent.
Is there a way you can, through a policy, prioritize, and maybe
it's not even legal, but I thought I'd throw it on the table.
The government facilities, government lands, to receive the
affluent first and then private sector second.
MR. GRAMA TGES: Our department is currently working on a
policy phase for an irrigation quality program within Collier
County. And this is one of the things that we are considering in
this irrigation quality policy. We expect that this will come
before the Board for their approval late this year.
CHAIRMAN STRAIN: Well, if you're thinking in that
direction, and you're thinking of bringing it in late this year,
you might benefit yourself by including a policy that makes it
easier for you to do that in this GMP amendment.
MR. GRAMA TGES: Yes, sir. Absolutely.
CHAIRMAN STRAIN: Just a suggestion, when you come back in, you might want to throw
something in like that. Any question on
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March 9, 2006
page ten?
Hearing none, we can move on to the potable water
sub-element. And we will be coming back with corrections to the
sewer sub-element either by the 16th or the 30th, whatever day
they -- I would imagine, David, we're probably looking at the
16th to continue with the first reading of everything, and then
on the 30th, any clean-up issues, will probably be better at that
time, so --
MR. WEEKS: That would be acceptable. I know specifically
we mentioned yesterday about hearing the future land use element
on the 16th, but staff has no obj ection.
CHAIRMAN STRAIN: Why don't we try to get through this
completely first, and if we get through it all, then we'll go
back in and start -- we have a lingering -- I'm writing them down
as we go. There's not a lot, but there's a lot of lingering
little issues, including cleaning up the sewer.
MR. WEEKS: That's fine with staff.
CHAIRMAN STRAIN: Let's start with the water sub-element and we'll go right to the first
page. Is there any questions from
commission on the first page? Under objective one, your new
language after the word development -- you're talking about the
development utilization of new potable water supply sources.
Could you include -- should you include in there land
acquisition? The development, land acquisition and utilization--
the reason I'm asking that is because you're getting well sites
all over the county. I'm not sure what your precedent is for
getting those without a policy that might suggest you should be
getting those. And that might help you get to that goal.
MR. V AN LENGEN: Kris Van Lengen, comprehensive planning. I see nothing at this point
that would preclude us from wanting to add that in. I don't know whether the word development would
normally include the concept ofland acquisition, but to be more specific might be helpful.
CHAIRMAN STRAIN: Sometimes development is more the nuts and bolts that happen after
you've got the land secured and zoned.
So, you may want to throw that in to clean it up. Any objections
from the panel?
Issues on page two? Hearing none, we'll move to page three.
Anybody have questions on page three? Page four? Page five?
We're blowing through this one.
The question on page five, your level of service standards
for water, or potable water, 185. You kind of use straight across
the board. But yet your sewer varied on different parts of the
county. Sewer seems to me to be an offshoot of water. How was
that relationship worked out?
MR. GRAMA TGES: Well, within Collier County water is
integrated. We have ways to connect water within the county, and
therefore it works as one system. For the sewer system, they're
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March 9, 2006
not. They're not interconnected in any way. Well, they are
somehow, but they're not interconnected to the point that we can
equalize the level of service across the different sections.
Mainly due to the fact that sewer plants need to be relatively
close to the place where the sewage is produced, while water can
spread a lot further.
CHAIRMAN STRAIN: Is your sewer -- the way you calculate the GDCD for sewer, it based at
all on the level of service standard,
or for the volume of water that is used. Seems to me there would
be some relationship there.
MR. GRAMATGES: Oh, yes there is indeed a relationship
there.
CHAIRMAN STRAIN: Okay. If there's a relationship and if
all districts are required to have the higher GBCD for water 185,
then wouldn't you have a standard base for sewer that would
correlate, and it would all happen to be the same for water?
MR. GRAMA TGES: It depends on the land use. Because in areas where there's a high level of
irrigation, the correlation between
the water use and the sewage is very different than in areas
where you have high rises and there is not a lot of irrigation
per unit of dwelling.
CHAIRMAN STRAIN: Then wouldn't they have less need for
higher amount of GCBC of water?
MR. GRAMA TGES: Possibly, yes. That would seem to make
sense. But in our experience, depending on the mixture of
residential versus commercial versus industrial, and the density
ofthe different areas, the amount of water that ends up going
into the sewer system varies, and varies quite a bit, as you can
see from the level of service standard.
CHAIRMAN STRAIN: And I agree. I think your conclusions are right, but I'm just wondering-
- here's kind of where I'm going.
If you set a capacity that is higher than what is maybe utilized
in each particular district. I notice in the sewer you're very
careful to look at each district separately and try to figure out
a ratio for that. And what that does is, that means the plants
that are needed are based on that capacity that's going to be
generated, and so you either need more or less plants. And the
same thing is going to be for potable water. If you have 185
GBCD across the board for everybody, whether that's what they
really use or not, you're going to need capacity of plants based
on that highest amount. Would you not?
MR. GRAMATGES: Yes.
CHAIRMAN STRAIN: Okay. So if we really wanted to
understand how many plants we need, wouldn't we want a more
accurate reflection of the actual water used like you did for
sewer as the actual sewer generated?
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March 9, 2006
MR. GRAMATGES: The problem is, once again, when you try to get into that number, the way
in which we calculate the level of
service is based on history. The numbers we look at for water,
are county wide. They're not by the different regions. For us to
try to do that would be fraught with a lot of uncertainties
mainly because, as I said before, that system is a grid and the
plants act as one unit together. So, it would be very difficult
for us, and it would require a lot of guesswork beyond what
natural guesswork is when you look at historical data.
CHAIRMAN STRAIN: Well, I'm not in a position to debate that any further. You know much
more about it than I do. I'm
uncomfortable with the number being that high across the board
for every part of the county when the sewer doesn't correspond
equally. So if we could do it for sewer. I understand your
plant, but your sewer plants are interconnected as well.
MR. GRAMATGES: Yes, but they're not interconnected to the
same level that the water plants are. We have true
interconnection for the water plant. In the case of sewer
system, the intersection is there only for emergency purposes.
And generally we do not send sewage in between regions.
CHAIRMAN STRAIN: Well, I'll certainly do some more reading up on it before I bring it up
again. We're going to be coming
back anyway.
Ms. Caron, did you have a --
COMMISSIONER CARON: Well, yeah. And, again, I have no
knowledge here. So, let me ask a stupid question. The level of
service here, why is it different for Immokalee, the independent
districts or government than it is for everybody else?
MR. GRAMATGES: Well, once again the needs -- the water that goes into a government
complex is used for different things than
it is used for a private or a dwelling. The dwelling, for
example, has a lot of irrigation and it has a lot of people
taking showers. That's not the case in the government center.
Most ofthe water that is used here, some of it is used for
irrigation, some of it is used for lavatories, and other areas
such as that. The level of usage of water is very very
different.
COMMISSIONER CARON: And I can understand how that would definitely affect
government. But how then does that translate
to areas like Orange Tree or Immokalee?
MR. GRAMATGES: Well, the density as well has a lot to do
with it.
COMMISSIONER CARON: So it really does come down to density?
MR. GRAMATGES: Sure. Ifwe look at areas like Immokalee,
the average lots tend to be higher than they are in other regions
of the county. And therefore, the irrigation needs are higher.
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March 9, 2006
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Pages six and seven are mostly cross outs and part of eight. Any
questions on pages six, seven or eight?
Hearing none.
COMMISSIONER SCHIFFER: Well, other than the same as before, these standards are equal to
the State standards so, therefore,
it's redundant data.
MR. GRAMA TGES: Same things apply.
CHAIRMAN STRAIN: Anything on page nine? Ms. Caron.
COMMISSIONER CARON: Yeah, policy four. The county shall promote the use of zero scape
techniques. Shouldn't this be a
requirement and not a request? I mean, if we're talking about
future planning here.
MR. VAN LENGEN: I think for purpose of -- excuse me, Kris
Van Lengen, comprehensive planning. For purposes of have the GMP, I think promote is probably an
appropriate tag for the LDC.
Those types of decisions can be made in a more specific way.
COMMISSIONER CARON: Thanks.
CHAIRMAN STRAIN: Page ten and page 11. You're faster than anybody, Phil.
MR. GRAMA TGES: Thank you.
CHAIRMAN STRAIN: You got through the potable water and
sewer. So, next one is drainage. Gene is here. Gene.
MR. CALVERT: For the record, Eugene Calvert, Stormwater
Management Transportation Division.
CHAIRMAN STRAIN: If you don't mind, we'll probably just ask our questions starting from
the first page.
MR. CALVERT: Absolutely. Go right ahead.
CHAIRMAN STRAIN: Okay. First page of the drainage
sub-element, does anybody have any questions? Gene, under the
third paragraph last sentence. Talking about doing stormwater
management to develop a combination of techniques that provide
adequate pollution removal, flood protection in the most
economical matter. Were you ever thinking of adding the words
environmentally sound?
MR. CAL VERT: I have no objections at all with that.
Certainly it's one of our --
CHAIRMAN STRAIN: I made a note that this is one of those
that did not include it and yet the others did. I couldn't
figure it out. It's been explained to me but I was just curious.
So, forget I said it.
Page two. Any questions on page two? On policy 1.1, about
the middle. And proposed developments received beneficial
consideration and proposed water management projects. What is
beneficial consideration?
MR. CALVERT: I'm going to have to refer to CDS members from the comprehensive planning
when they're talking about proposed developments received beneficial considerations. I am not
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entirely clear myself of what they refer to.
Kris, do you have --
CHAIRMAN STRAIN: I can see someone demanding a lot of what they consider beneficial
considerations. I'll tell you what,
fellows, try to figure out a way to address it, or maybe that
explains or clarifies it. I'll just tab it for a comeback.
Policy 1.2, you're talking about adequate water management
facility capacity is available. Does that mean we have a level
of service determined for that new added language? And if so,
how is sufficient capacity determined?
MR. CALVERT: I think the wording should probably be the
adequate storm water management facilities capacity available
rather than just water management. But that ties it back into
some of the previous ones where we continue to monitor it and
manage the availability. It also ties in with of the following
policies looking at reviews and approvals of new development to
make sure that those new developments don't impact, adversely
impact the capacity of those systems.
CHAIRMAN STRAIN: Well, I made a note that on page four, for example, you actually
denoted a level of service. So I'm
wondering, would your policy 1.2 be more affective if you were
simply to say shall be adequate to meet the level of service to
enter -- adopted in the hearing sub-element or whatever. Then
you're tying it to something we can recognize?
MR. CALVERT: Very well could be because the level of
service, of course, is a method to evaluate the proposed
development. So then again, it goes back to the planning
element.
CHAIRMAN STRAIN: So would you take a look at that when you come back in for policy 1.1 ?
Take a look at 1.2 if it needs to
be cleaned up? Any questions on page three?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Is that you, Brad?
COMMISSIONER SCHIFFER: It was. Going down to 1.5, new 1.5, shouldn't we just cross out
all that stuff except for the line
referencing the CCME. I mean, first of all they're done.
They're completed. The other one is going to be done in a month,
which will be way after this thing -- or before this thing is
adopted.
CHAIRMAN STRAIN: Which one are you talking about?
MR. CALVERT: One thing I want the Commission to understand, when the original policy 1.5,
and we've listed the Gordon River Extension, Immokalee, those were really stormwater drainage
master plans. We're now getting into the Belmede and we're
dealing with the watershed management plan. It's just -- it's
really an expanded scope. And certainly the storm water drainage
master plans are one element of the watershed management plans.
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Don't misunderstand that the Gordon River Extension, while it was
completed, was completed as a storm drainage plant and not as a
watershed management plant.
COMMISSIONER SCHIFFER: But the point is, it wouldn't be
wise just to cross out everything except the line that starts
with watershed management plans and -- that's all.
CHAIRMAN STRAIN: But I think as we learned when we
discussed this watershed management plan in the CCME, they have
moved forward with Belmede and they're close to completing it,
which is what this is saying.
MR. CALVERT: Right. And maybe that's, you know, the
reference tying back there because the Belmede is going to be
completed within a matter of, you know, a couple months, I would
suspect. It's getting close.
COMMISSIONER SCHIFFER: The point is why have historical data in the growth
management plan. I mean, if you're crossing out the others, this one will be done prior to you, to
adopting
to the end ofthe year.
MR. V AN LENGEN: Kris Van Lengen, comprehensive planning. I think I would agree with
you. The point of the changes here were really to reference the CCME and those standards and the
prioritization and everything else. So why have a couple of
things here and not everything. I think the point is to
reference the CCME and leave it at that.
CHAIRMAN STRAIN: So that means you'd strike the first line
that was added plus the base and references and then just leave
the additional watershed management plan line?
MR. V AN LENGEN: That's correct.
CHAIRMAN STRAIN: Okay. Anybody have a problem with that?
COMMISSIONER CARON: As long as we're sure that the study is going to be done within the
next couple of months.
CHAIRMAN STRAIN: Well, if they can do it, they can do it.
Page four, any questions on page four? How about page five
-- page six. Oh, I'm sorry, one question on page five.
Commissioner Caron.
COMMISSIONER CARON: In policy -- I guess its policy two.
The county's water management master plan shall include
recommendations for changing levels of service together with
analysis of capital requirements. Would we ever downgrade a
level of service?
MR. CAL VERT: I'm not saying it's totally without reason,
but you wouldn't -- couldn't downgrade. I can't think of an
instance where you would want to, but it is a possibility, I
suppose. I can't imagine when you'd want to.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Why are some rated as C and some rated as D?
MR. CALVERT: Again, I'm going to have to refer to the
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planning commission because it is a development issue of whether
you issued development permits per new development or not. The
purpose of why it's at level ofD and C, I really need to refer
that to planning commission for the CDS.
MR. VAN LENGEN: Kris Van Lengen, comprehensive planning. I don't know how to answer
that question. These standards have been in there, and when this document was disseminated, no
changes were made by any departments. The reason for each particular level of service D or C, I don't
know why they were selected the way they were selected to begin with so I can't answer that question. I
would endeavor to find out for you.
COMMISSIONER MIDNEY: I'm wondering ifit's because of
actual performance or potential performance. I just don't
understand.
CHAIRMAN STRAIN: Well, I think--
MR. VAN LENGEN: With your permission, Robert Wiley is here and he might be able to
explain that.
MR. WILEY: Level of service standards were developed as
part of the study to the master plan back in 1988, 1989. And
essentially you think of it as a three-dimensional level of
service standard. It addressed different criterias how well you
complied with them. We went with a weak link concept that within
a drainage basin there were a series of structures and canals.
They all link together. Which one is the most restrictive,
that's where you got that level of service designation. But it's
addressed to water quality, the type of storm event that was
suggested for that particular area, whether it was urban area,
whether it was way out in the middle of nowhere. It addressed
ground water recovery areas and things of that nature. And then
it also addressed within the system itself how well it met the
intention, such as a cross section. A level of service A would
give a much better storm protection in an urban area than level
of service D. A D means inside the house, where A is strictly
within the confines of the system. And so those were -- I call
it a three-dimensional matrix, but you worked a point system out
for how well you achieve certain goals as you went through that
matrix and came out the back side of it. That was years ago we
developed that.
COMMISSIONER MIDNEY: So there are concrete standards for A, B, C, D, and E?
MR. WILEY: Yes, sir, there are.
COMMISSIONER MIDNEY: And how often are they checked to see how well the system is
performing?
MR. WILEY: Now that I could not answer. But, I mean, it's
something that was developed years ago as to how well it was
responding at that time.
COMMISSIONER MIDNEY: Because if this is something that we're supposed to be holding
ourselves to, it would be good to know how often we're actually measuring it.
MR. WILEY: Well, I guess the best way, level of service D,
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you couldn't get any worse than that. That was The worst
category. We only went up to a D. So at that point, level of
service D for most of the areas we look at means somewhere in the
system there's a constriction that causes water to come out of
the bank and in somebody's house. So C means it's out of the
bank, up in the yard but it's not in the house. B, it's in the
yard, but covering a road maybe, and A is strictly within the
system.
COMMISSIONER MIDNEY: So there's no unacceptable level of service?
MR. WILEY: Level of service D itselfby definition is
defined as unacceptable, but we accepted the unacceptable. And
let me explain why. That's probably what you need to know what
was happening back in 1988. We were faced with developing the
original drainage sub element and adopting the original growth
management plan. We had a deadline but which to do that. Up to
that point no one had any clue as to what level of service was.
It had never been evaluated for stormwater systems. We had to
come up with a way to define a level of service. Now we're not
happy with the result. We don't like an unacceptable level of
service. But you had to adopt something. And so, either that or
we put moritorium across the county. And that has never been
changed since the original adoption. Those criteria carried
forward. But by definition, we had excellent, good, not so good,
and unacceptable, but we accepted those definitions. So we like
to say we never got DCA to understand our explanation but we
finally did.
COMMISSIONER MIDNEY: If there's no sanction for having an unacceptable level of service,
then why have the categorization
at all?
MR. WILEY: The purpose was we had to identify one. Then if
you would read back out of that study through the years, our goal
was over a series of years to produce a number of detailed basin
studies that would identify what capital improvements need to be
made and to undertake the funding necessary and the instructions
to bring them up to the level of service for which you desire.
When you looked at the original element the way it was set up, or
the sub-element, you looked at a situation of an adopted level of
service, and then you had recommended level of service. Now, we
never did adopt any recommendation because we haven't ever gone
through a complete basin yet to eliminate all of the weak links.
But that's part of the capital program that needs to be carried
forward basin by basin, and then you can modify the level of
service standards in each appropriate basin.
COMMISSIONER MIDNEY: So we can't make a plan to improve the D's up to C's until we do
more study?
MR. WILEY: Well, when you look at what is set before you
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here with your watershed management plan, with you drainage basin
plans, that's what they are to do is to give the plan for what it
takes to bring that up to your level of service that you want it
to be. Do you always want to be level of service A? No, you do
not. But do you want to go for a B or C? Probably, so, because
that's the region at which you get some minor outer bank, but
it's not disastrous. It's not devastating in people's houses. It
doesn't shut down the major roadway system. So that's the goal
of these plans.
CHAIRMAN STRAIN: David, did you have a comment?
MR. WEEKS: I was just going to stress the point that Robert
just made there, and that is, if you look at policy 2.1, we
specifically added the language that says, after we do these
watershed management plans, if they so warrant, then we will
adjust the level of service standards.
COMMISSIONER MIDNEY: And hopefully try to improve them.
MR. WILEY: Thank you.
CHAIRMAN STRAIN: Any other questions on page five? Ms.
Caron?
COMMISSIONER CARON: Well, maybe we should actually say that. That the attempt will be
to improve. I mean, I believe
that that's implied, but --
CHAIRMAN STRAIN: And if warranted improve.
MR WEEKS: Well, based on what Robert had said, it sounds
like we would not think of reducing a level of service standard
as appropriate, but that's always a possibility. And if we
indicate that it could only be improved, then we're stating by
policy that the policy-makers, the Board of County Commissioners,
are precluded from lowering a lower level of service standard.
Again, I don't -- it doesn't sound like from what Robert's or
Gene's comments, either one, that would be something the county
would intend to do, but there may be some valued reason for
wanting to do so. Plus, particularly, if you think of some of
the rural areas where we may be far enough out east in the Big
Cypress area that may not be any development potential. And if
we should have a level of service, that C in that area, we might
want to say, well, no, take it to D. Let's don't spend the
capital facilities expenses to improve an area with minimal
development.
MR. WILEY: Just to give an example just real quickly so you
have an understanding of how this level of service works.
Depending on where you were in the county. If you go and look on
page five where you already are, and you're in the Cocohatchee
River System, so you have a Cocohatchee River Basin. Now that's
the main canal which rolls along the north side of Immokalee
Road, and this is identified as D. Now, that's what it was back
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in 1989. Now since then the Big Cypress basin has come in with a
lot of improvements. And along that main canal tremendous
improvements. But we're talking about the entire basin. So with
all the sub-branches and everything else. If somewhere within
one of those branches there is a constriction, it would still
remain at D until such time the whole thing is improved.
Now, on that same page, go out to the very bottom of Barron
River System. You have Ocala Okaloacoochee Slough Basin. That's
a D. Right next to it is the Barron River Canal North Basin with
a level of service C. In those areas we have a lot of wetlands.
Just the reverse is the way the level of service standard was set
up. You don't want to overdrain. So if you have a level of
service C on the Barron River Canal North System, you may get
super efficient and drain everything out, but you overdrain the
wetland, you have effectively decreased it to a D the. So you
just have to know the background behind each of these basins onto
what criteria was set up for them when we establish the level of
service. Like David said, the intention was really never to make
it worse. The intention is to bring it better towards the
criteria that was set up for each individual basin's level of
service definition.
COMMISSIONER MIDNEY: So having Okaloacoochee at D is good because that means the
wetlands are maintained?
MR. WILEY: No, that does not necesarilly mean that because
Okaloacoochee Slough Basin with a D very likely means that
somewhere there is overdrainage in that one. It is getting too
much water and not holding enough water within itself. These are
the things you sort of -- you haven't had the background of it,
but without it, you wouldn't understand how the level of service
definition works. That's sort of why I'm still here.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. Isn't the problem that we don't really have good data,
and we have this watershed program
coming, so won't we in the future be able to be a lot wiser
making these kinds of decisions?
MR. WEEKS: That certainly is one of the chief purposes for
doing the watershed management plan.
COMMISSIONER SCHIFFER: So discussing it now is a waste of time, I think?
MR. WEEKS: I think so. We need to wait until-- back to
what Commissioner Midney said, we need to wait until we get the
studies done until we get more data. These management plans
would be looking at drainage, but they're also looking at
environmental issues and water quality and -- we've discussed
these a lot during the CCME and they're big and important tasks.
CHAIRMAN STRAIN: Any questions on page six? Hearing none, page seven? Page eight?
And last, page nine? Gene, like Phil
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you provided me with a lot of information and I do want to thank
you for that. It was helpful. It did minimize the amount of
questions I had to hardly any. I appreciate that.
MR. CALVERT: One comment, if I may, Mr. Chairman, just for one clarification, maybe
correction. On the first page, page
number one, under the introduction, the fourth line down talks
about the county stormwater management section. Part of the road
maintenance department. That's not accurate. I think it would
probably be better to say just the county's transportation
division maintains drainage systems. The reason I say that is
because the way the division is organized, the stormwater
management department, which I'm the director, is in charge of
capital improvement stormwater violations and capital
improvements. My department does not have the responsibility for
maintenance of the waterways, for cleaning the ditches. That
falls back to road and bridge. So to cover everybody, I would
suggest maybe refer to just the transportation division.
CHAIRMAN STRAIN: Okay. I assume staff will make that
change.
Mr. Wiley.
MR. WILEY: Yes. If! may, I was talking to Chris here. If
you also go to page number eight under policy one -- well, policy
6.3. Strike out the one there, I guess. We're talking about
the various discharge rates for allowable discharge. There are
two more discharge rates that are not included here. The reason
I mention is because earlier on you are mentioning ordinance
2001-27 is where the data was obtained. Within 0127, we also
have and identified discharge rate for the Harvey Basin of 0.055
CFS per acre. And the Wiggins Pass Road Basin is 0.13 CFS per
acre. So those two specific discharge rates adopted by ordinance
should be included here so that you at this point include them
all. And then jut to follow up also on page one where Gene was
speaking about changing, you might want to give consideration
also -- says the county storm water management section maintains
draining systems associated with county and state roadways.
That's not really quite a correct statement either. They
maintain the entire secondary canal system. They go beyond
roadway drainage. There is a secondary canal system out there,
so that probably should be tweaked just slightly to include all
facilities over which they're responsible for design and
maintenance.
CHAIRMAN STRAIN: Thank you. Does CDF staff have any any problems making those
changes?
MR. WEEKS: No problems.
CHAIRMAN STRAIN: Anybody in the Commission have any
problem?
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(No response.)
CHAIRMAN STRAIN: Okay. Thank you.
We're going to stop at 12:30 today exactly. So when we get
into conversation with any of the other elements and they get
into longer time than we have left, whereever we're at, we're
just going to have to cut off and finish Thursday with the
continuation of the meeting. So with that in mind, we'll go into
the solid waste. I know there was a public speaker. He sat here
all morning. I'm not sure so if we'll get through the entire
discussion of solid waste in the next 20 minutes. So what I'd
like to do is, as we typically have done, we'll get into
discussion and if we have to, it will be our first item up when
we get this discussion back in play next Thursday. So with that,
who is here representing solid waste? Anybody? Mr. Adelstein,
okay.
COMMISSIONER SCHIFFER: Mark, I have a general solid waste question before we get into
it.
CHAIRMAN STRAIN: Go for it.
COMMISSIONER SCHIFFER: In the table of contents in the
element for solid waste, it lists 13 pages, yet the website, my
books, even the books that we've been supplied, doesn't have that
many pages, so --
MR. GRAMA TGES: This is Phil Gramatges, principal project
manager, public utilities engineering. I do not know why that is
so. I'm sorry. I need to refer back to CDS.
CHAIRMAN STRAIN: Phil, could you spell your last name for
the court reporter?
MR. GRAMATGES: Yes, it's G, as in George, R-A-M-A-T-G-E-S.
CHAIRMAN STRAIN: I bet you wouldn't have guessed that
without that question.
MR. GRAMATGES: So the answer is indeed no. Sorry.
CHAIRMAN STRAIN: So let's move into our regular questions.
On page one, does anybody have a question? Page two?
MR. KRASOWSKI: Excuse me, Mr. Chairman. How should we proceed here? Shall I engage
page by page or save my comments to the end?
CHAIRMAN STRAIN: Bob, there's only five pages in this whole thing. Let us get through our
questions and then we'll ask you
for yours. Okay? That will work out better. Thank you.
MR. KRASOWSKI: Sure.
CHAIRMAN STRAIN: I thought there was -- this is a larger
element but it's rather small.
Page two. Page three. I have a question on page three,
Phil. Your policy 2.4, you list -- it's all new. And then you
list the future solid waste operations that are potentially --
I've heard, or I think I've seen in the papers somewhere that
there are ongoing discussions about alternative landfill sites,
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March 9, 2006
but, yet I don't see that as one of the items that could possibly
be based on policy 2.4.
MR. GRAMA TGES: Mr. Chairman, I'm not aware of any such
discussions.
CHAIRMAN STRAIN: Well, somebody at the county contacted a representative, one of the
landowners out in the eastern part of the county, and it was in the newspaper. Specifically asked them
about there's a potential for a landfill site out there. I know
that because there's an attorney involved in it. But, be that as
it may, wouldn't we want to list a number of alternative landfill
sites just in case there are such sites that do come about?
MR GRAMA TGES: I'm not aware of any sites that may be
available right now. So I don't know what we would put in there,
SIr.
CHAIRMAN STRAIN: Okay. But if a site were to come
available in the future and it wasn't listed here, you couldn't
utilize it if you wanted to. So in the pretense that one may--
if there ever is a piece of acreage out there that you don't know
about and it happens to come up that it could be a potential
landfill site, it's not here, I don't think you'll have the
alternative to explore it. So, all I'm suggesting is it's a
benefit to your department that if opportunity arises, you just
may want to add that.
MR. GRAMATGES: Well, sure. I certainly will.
MS. STUDENT -STIRLING: I don't think that limits whether it's in here or not that it necessarily
limits the county. And I guess one concern I would have is by putting it in here -- we've had
situations before where property owners have raised a thing
called condemnation blight. In other words, by virtue the county
is putting something on a map as a possible future site for
something that it has somehow impacted their property value. Not
to say that that would happen. I'm just throwing it out as a
historical example.
CHAIRMAN STRAIN: Okay. Well, I hope that applies to road
systems that go through homes in Golden Gate Estates because we
have a lot of blight going on that maybe the county contributed
to. Any other --
MR. WEEKS: Pardon me.
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: I was going to suggest that maybe Phil could
check with his division administrator. I think the Commission is
aware, potential future landfill has been discussed in past years
and it's understandably a very controversial issue because there
is many complaints -- or historically has been many complaints.
Most particularly about the Naples landfill. Talk of a new
landfill has gone over like a lead balloon. You might recall a
few years back there was discussion in particular about one
somewhere generally in the Immokalee area. I think south and
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west. The landowners there were adamant. They didn't want it.
At any rate, it's a hot button issue. And I would not want us to
add to the policy that would even create the window of
opportunity if it's going to cause a big stir.
CHAIRMAN STRAIN: Margie already indicated that it wouldn't be a good thing to do so I
wasn't going to pursue anything
further, David. So maybe we don't need to have anybody go back
and explore it any further. Thank you.
MR. VAN LENGEN: Mr. Chairman, also on 2.4 -- Kris Van
Lengen again. I just noticed something I didn't notice before.
And when I read the introductory sentence that says the county
shall acquire and/or retain required land inventory and then
select one or more of the following options by fiscal year 20 I 0,
I see an ambiguity that I did not see before. And I would like
that opportunity to clear that up, because I don't know whether
it means obtain the land or make this decision.
CHAIRMAN STRAIN: I think you should clean it up. So when you bring it back to us on the
30th, that would be helpful.
Any other questions on page three? Page four? Ms. Caron.
COMMISSIONER CARON: It would be under policy 3.1, and it's C, maintain and enhance the
curbside separator of material into
recyclable categories. We don't separate at the curbside any
longer, as far as I know. Everybody has the big yellow top bins
and everything goes in one.
CHAIRMAN STRAIN: You're supposed to.
COMMISSIONER ADELSTEIN: That's not true in the association areas like -- anywhere you
have a large PUD, they do make you separate.
MR. V AN LENGEN: In other words, the commercial accounts
they still separate.
MR. GRAMATGES: That is correct, yes, commercial and large
accounts do still do that.
COMMISSIONER CARON: Okay. Thank you.
CHAIRMAN STRAIN: On the top of page four, policy 2.8. The last word talks about small
businesses to participate to some
extent. That just seems like an ambiguous reference. I know
it's not new language, but I don't know what some extent is.
MR. GRAMATGES: I am not objecting to eliminating the "to
some extent". Leave it at business to participate, period.
CHAIRMAN STRAIN: Okay. I think that would be at least
better. Is there any questions on page five?
COMMISSIONER SCHIFFER: I still got four. I'm sorry.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: On policy 3.1, we're eliminating the multi-family recycling.
That wasn't one of the comments in the EAR. It says, maintain and enhance the current county-wide
multifamily residential recycling program. There must be a reason. Well, it's not coming from direction
from the EAR.
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CHAIRMAN STRAIN: In A it refers to residential. Wouldn't
that -- is that where they may have picked it up.
COMMISSIONER SCHIFFER: That's what I thought. Because they crossed off single family.
CHAIRMAN STRAIN: I mean, that's what I thought. Maybe I'm wrong.
COMMISSIONER SCHIFFER: But I don't think you want curbside high-rise pickups.
CHAIRMAN STRAIN: Correct.
MR. GRAMA TGES: I Don't know that I fully understand the
question.
MR. VAN LENGEN: I think that under category A we crossed
out single family so that would apply to all residents.
COMMISSIONER SCHIFFER: You like multifamily to be current countywide residential
curbside recycling. The curbside is the problem.
MR. V AN LENGEN: Oh, curbside is the problem.
COMMISSIONER SCHIFFER: It takes me off of A to you may not mean that.
MR. GRAMA TGES: Okay. So we eliminate curbside.
COMMISSIONER SCHIFFER: Well, what if you just left it the
way it was? Is there a countywide multifamily recycling program?
MR. GRAMATGES: No, unless it refers to a large apartment
building, which, of course, do not have curbside pickup.
COMMISSIONER SCHIFFER: The question, number one, if it's saying maintain, so I'm
assuming one exists.
MR. GRAMATGES: Maintain and enhance. Oh, yeah, sure.
COMMISSIONER SCHIFFER: Then I think -- I wouldn't like to take the word curbside out
because that could maybe sway another
direction. Anyway, I just see no reason to eliminate B.
MR. GRAMA TGES: The way I understand it is I was trying to
refer to the changes that were made with the recycling program
where we added those large bins with the yellow tops. That
certainly has been an enhancement, which by the way has been
working quite well for us in the last few weeks or months since
we instituted it.
What this is trying to address is, we are not going to stop
there. Weare going to continue to develop and continue to
enhance curbside recycling. Because we see that that is a very
beneficial process for us.
COMMISSIONER SCHIFFER: And you'll be providing the curbside recycling for single family
and four-plex residential units?
MR. GRAMATGES: We are doing that now, as far as I know.
COMMISSIONER MIDNEY: I would like to see something in there that says we would like to
extend multifamily residential recycling programs to all areas of the county because it doesn't exist in
Immokalee now.
MR. GRAMA TGES: Certainly, we could take that back for
consideration, certainly. I would need to consult with our
administrator to make sure that could be done.
COMMISSIONER MIDNEY: The explanation I got was that the subcontractor was not
equipped to do it. I don't really know why
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we shouldn't set as a goal to have universal recycling because a
large percentage of Immokalee lives in multifamily units where
there's no recycling whatsoever.
MR. GRAMATGES: Once again, I cannot answer that question
right now. I'll be certainly more than happy to take that back
and provide an answer when we meet again.
COMMISSIONER MIDNEY: Would this body be willing to suggest that we make a suggestion
that such a thing be instituted, or as a goal?
COMMISSIONER SCHIFFER: Paul, the thing I want to do is
bring B back to life. If I do that, I do exactly what you're
saymg.
MR. VAN LENGEN: And I think staff has no difficulty in
putting B back in and that would resolve both issues.
CHAIRMAN STRAIN: Okay. So B is going to go back in?
MR. VAN LENGEN: Yes.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And A if you want to limit because I think you did something
in A that thought you cured B. But I think in A, if you want to limit more curbside services, you
could go back and may uncross some of that.
CHAIRMAN STRAIN: Paul and Brad?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: When you guys want to speak, please
acknowledge first.
COMMISSIONER SCHIFFER: I'm sorry, I thought I was still on mine.
CHAIRMAN STRAIN: Then, Paul was interrupting. So one of you guys just kind of work it out
amongst you and let someone down
this end know you want to talk. Thank you.
Did you have anymore to say on this, Brad?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Paul?
COMMISSIONER MIDNEY: No.
CHAIRMAN STRAIN: Okay. Page five. I have one. Why did
you cross out A?
MR. GRAMATGES: I can't answer that. I don't.
CHAIRMAN STRAIN: Well, that whole policy started with
continued investigation of cost-saving methods for landfills. I
would think you'd want to keep.
MR. GRAMATGES: Well, true, but the difference is landfill
mining means going back into the landfill and trying to dig stuff
out of there. That is very disruptive, not to mention expensive.
The best way to provide for appropriate recycling is by recycling
at the curb. Making sure that all that could possibly end up in
the landfill that could be recycled is identified beforehand
before it goes into the landfill.
CHAIRMAN STRAIN: Landfill mining was begun in this county years ago by -- I think the
gentleman's name was Bob Fahey. He won a national award for it, and we were claimed all over the
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country for the program. And I thought the objective was that,
not so much for recycling, but to get more landfill space by
recycling the material that wasn't decomposed putting it back in
and using the decomposed material both to recover the landfill or
get rid of it in some other manner as fill. So I saw that as a
positive. I'm still wondering why it's been struck.
MR. GRAMATGES: Well, when it comes to trying to recover
landfill space by taking out material that has already
decomposed, we are indeed doing that. And we propose to continue
to do that.
CHAIRMAN STRAIN: Then wouldn't we want to leave this in?
MR. GRAMATGES: I have no objection to doing that, no.
CHAIRMAN STRAIN: The entire policy 3.2 is a generic
reference to looking for more cost-saving methods for landfills.
That seems to be a concept in the GMP we would want to keep. I
don't know why we want to strike the whole policy. Why wouldn't
you just leave it in? If it's not hurting anything and it
provides the opportunity to utilize new methods that come along,
we ought to be doing that kind of thing.
MR. GRAM A TGES: Sure.
CHAIRMAN STRAIN: Anybody disagree?
COMMISSIONER CARON: Doesn't it say that right here at the
end in the new language?
CHAIRMAN STRAIN: Well, as long as that includes landfill
mining, which is where -- I liked it as it was.
COMMISSIONER SCHIFFER: Actually, in the EAR we do exactly as you said, Mark, we're
saying how we have a reputation for
being good at landfill mining There was no required change from
the EAR based meeting. I see nothing wrong with -- your answer
kind of gave a negative opinion in the landfill mining so I
wouldn't want this to be able to cause somebody to not allow
something to landfill mine.
MR. GRAMA TGES: I'm okay with leaving that statement there.
CHAIRMAN STRAIN: Well, I like the old language rather than the new. I think it opens -- just
makes it a little clearer that
we're being proactive.
MR. VAN LENGEN: I think we have to work on the old language just a little bit because ofB
of the old language, investigating methane gas recovery needs to be updated.
CHAIRMAN STRAIN: Right.
MR. VAN LENGEN: But we can do that.
CHAIRMAN STRAIN: We're doing it. Okay. You'll get back to us on that?
MR. VAN LENGEN: Right.
CHAIRMAN STRAIN: Bob, I don't think it would be good for
you to start your discussion and end it today without us having
to follow up on it until Thursday. If you don't mind, we'll
start with you Thursday morning -- Thursday next week, whenever
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March 9, 2006
we're starting this issue and you'll have up to ten minutes to
discuss the issue, and then we can talk about any points you may
have made, if we so desire.
MR. KRASOWSKI: Thank you. That's very considerate. I
appreciate it. And as I just mentioned, I will be sending a
preview of my comments to everybody through email.
CHAIRMAN STRAIN: That would be -- anything we can digest ahead of time will be more
effective for your discussion. I know your stuff is detailed, so we appreciate it.
MR. KRASOWSKI: And will the director of solid waste be here so we can get straight answers
from the people responsible?
CHAIRMAN STRAIN: I would expect that to happen. Can I be told that it will?
MR. GRAMA TGES: Phil Gramatges, public utilities. I will
certainly bring that message back and I will encourage that to
happen. I can't tell my director what to do, so I can only say
that I will bring that message back.
CHAIRMAN STRAIN: Okay. So ifhe doesn't want to send you here to respond to any
questions that we may still have --
MR. GRAMA TGES: Oh, I'll be here.
CHAIRMAN STRAIN: -- then tell him we can't approve this
then, so that might have an impact.
MR. GRAMA TGES: I understand.
CHAIRMAN STRAIN: Thank you. Okay. With that, just so
we're set up right so this board knows where we're going to be
going. Next Thursday we will finish up the solid waste, after
that we will go into the ground water, which is MGW AR, the
housing element, recreation element and then keep following
through with the ICE and the other elements we haven't touched
yet. I'm telling this to staff so you have the right personnel
here to start out first thing whenever we get to it. We're going
to have our regular session in the morning. Whenever we finish,
if it's close to lunch, we'll break for lunch first. If not,
we'll go right into this, break for lunch, and come back into
this. So, that's how it's going to proceed.
Now the instructions on the outlying issues. We have
sections from the CIE transportation sewer, CCME, and FLU.
Instead of listening to those next Thursday, we really will --
first time we could address those will be the 30th. So that will
give everybody and staff more time to prepare themselves.
If you have rewrites of any of this, please get them to the
panel before the 30th so we have time to review them. With that
I think --
COMMISSIONER SCHIFFER: Mark.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: We should schedule all Thursday afternoon, I mean, just in case
it takes that long.
CHAIRMAN STRAIN: Yeah, I think it's going to take all
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March 9, 2006
Thursday afternoon to get through it. Then with that, we need a
motion to continue this meeting --
COMMISSIONER ADELSTEIN: So made.
CHAIRMAN STRAIN: -- starting at some time after 8:30 in the
morning on Thursday of next week.
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: You're second?
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: All those in favor?
COMMISSIONER STRAIN: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MINDY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Thank you all. Meeting is adjourned.
(Whereupon, meeting was adjourned at 12:30 p.m.)
*****
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 12:30 p.m.
COLLIER COUNTY PLANNING COMMISSION
MARK STRAIN, Chairman
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC.,
BY DANIELLE M. AHREN. 0
Page 73
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March 16,2006
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, March 16,2006
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
Bob Murray
Brad Schiffer
Lindy Adelstein
Tor Kolflat
Donna Reed Caron
Paul Midney
Robert Vigliotti
Russell Tuff
ALSO PRESENT:
Joseph Schmitt, Community Development & Env. Services
Marjorie Student-Stirling, Assistant County Attorney
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March 16, 2006
CHAIRMAN STRAIN: Good morning. It is now 8:30. If you'd all rise for Pledge of Allegiance.
(Whereupon, the Pledge of Allegiance was united in unison.)
Item #2
ROLL CALL
CHAIRMAN STRAIN: Thank you. Madam secretary, will you please take the roll call.
MS. CARON: I will. Mr. Kolflat?
COMMISSONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: Here.
COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here. Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Here.
COMMISSIONER CARON: Mr. Murray, Mr. Vigliotti, and Mr. Tuff are not here.
Item #3
ADDENDA TO THE AGENDA
CHAIRMAN STRAIN: Thank you. First thing I want to do today is reaffirm the agenda. We're
going to have three cases to hear this morning. Once we're past those, we're going to move into where
we left off on the EAR amendments. First one of which is to finish up the solid waste portion of that.
The intention today, as announced in our last meeting as we continued the EAR hearings for today, was
to finish the amendments in order in the book as we were provided. Then the 30th of this month, we'll
finish -- we'll go through and do the cleanup items that staff brings back on those amendments. There
have been some questions if we were going to go back and revisit some of the other items today. That is
not the intent, nor was that the direction given in our last meeting, so we will purely follow what's in the
book today when we get to that agenda item. And that will start right after our three hearings this
mornmg.
Item #4
PLANNING COMMISSION ABSENCES
So with that, planning commission absences for the next hearing, which is the March 30th meeting,
do we have the members here planning to be there?
MS. CARON: I'll be there.
CHAIRMAN STRAIN: I just want to make sure we have a quorum.
Item #5
APPROVAL OF MINUTES - DECEMBER 20, 2005, AUIR MEETING; JANUARY 5, 2006,
REGULAR MEETING; JANUARY 5, 2006, AUIR MEETING; JANUARY 13,2006, AUIR
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March 16, 2006
MEETING: JANUARY 19. 2006 REGULAR MEETING
The approval of the minutes. Ray, it looks like we have one, two, three, four, five sets of minutes.
The first one being December 20th. That was our AUIR meeting. Is there recommendation for
approval?
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: Motion made and seconded. Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor.
COMMISSIONER STRAIN: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybodyopposed? Minutes of January 5th regular meeting.
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER SCHIFFER: Second.
MS. CARON: I have one correction to make. On page 31 it should say TCEA the bottom ofthe
page. Thank you.
CHAIRMAN STRAIN: Now is there a motion with the correction?
COMMISSIONER ADELSTEIN: Motion.
CHAIRMAN STRAIN: Motion made.
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: Seconded by Mr. Schiffer. All those in favor signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Those opposed? None. The minutes of January 5th AUIR meeting. Is
there a motion to approve?
COMMISSIONER ADELSTEIN: Motion.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Is there a second?
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: Seconded by Commissioner Schiffer. Discussion. All those in favor?
COMMISSIONER STRAIN: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: That you. January 13th, is there a motion to approve?
COMMISSIONER ADELSTEIN: Motion.
CHAIRMAN STRAIN: Commissioner Adelstein made a motion to approve. Is there a second?
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March 16, 2006
COMMISSIONER SCHIFFER: I'll second.
CHAIRMAN STRAIN: Mr. Schiffer seconded the motion. All those in favor signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: January 19th regular meeting. Is there a motion to approve?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by?
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: Commissioner Schiffer. All those in favor signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybodyopposed? Well, that was easy. Bet we don't go through the rest
of the day that fast.
Item #6
BCC REPORT - RECAPS - JANUARY 25, 2006, AUIR MEETING; FEBRUARY 6, 2006, AUIR
MEETING; FEBRUARY 8, 2006, LDC MEETING; FEBRUARY 14,2006, REGULAR MEETING
Ray, you had a pile of recaps sent to us too. You have anything you want to add to that?
MR. BELLOWS: Just on the February 28th meeting, the conditional use for the earth mining and
the containment variance. The earth mining conditional use petition, the motion failed by a vote of two
to three. The variance, the containment variance was approved. The PUD extension for restaurant plaza
was passed four to one. The PUD rezone for the Rock Edge PUD was continued to June 6th, and the
development order amendment extending the DRI for the Vineyards was approved five to zero. And
then on last Tuesday, the Board approved the variance for The Hamilton which was 2.5-foot variance
from the required 37-foot front yard setback and that was approved four to one.
CHAIRMAN STRAIN: Okay. Thank you, Ray. Chairman's report. There's been so much we've
been doing lately, I've just been embroiled in reading so I don't have anything to add to that today.
Item #8A
PETITION: BD-2005-AR-8828
With that, we'll move into advertised public hearing. The first one is petition BD-2005-AR-8828. I
might say this wrong, but it's Ruediger Brungsberg represented by Nelson Marine Construction. 18-foot
boat dock extension.
Will the court reporter please swear in anybody that's wishing to speak in this. Please rise.
(So sworn.)
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March 16, 2006
CHAIRMAN STRAIN: Are there any disclosures from the Board?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll move into the presentation by the applicant.
MR. NELSON: For the record, Ben Nelson with Nelson Marine Construction. I'll just simply say, if
there's any questions, I'll be glad to answer them. It's a fairly straightforward dock extension in the ares
that you've probably seen a lot of before with these dock extensions with the mangrove fringe and depth
of water. There is some accompanying documentation there showing the protrusions around the area. If
you have any questions, I'd be glad to answer for you.
CHAIRMAN STRAIN: Thank you. Mr. Schiffer.
COMMISSIONER SCHIFFER: What would be the size of the boat that would be going in here?
MR. NELSON: It's around a 30 foot.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Let the record show that Commissioner Midney has arrived at 8:36.
Any other questions of the Board? Mr. Kolflat.
COMMISSIONER KOLFLAT: Just a question. I boated all the coastal waters of Florida from
Mobile to Jacksonville and also the Bahamas. I've never seen a slip like this on an angle into the dock.
Would you share with me the purpose of the angularity of the slip on the dock?
MR. NELSON: Yes, sir. What we found is that in some of these areas because of the length of the
boats, and as you're aware a lot of these areas became more affluent, and, of course, as the people seem
to want to have the bigger boats and the water depths here to accommodate those size boats. So what
happens is, it makes it easier for them to get in, because their neighbors -- and even though you'll have
25-foot setbacks with a 30-foot boat, it's really nice to be able to come in at an angle, and it allows the
customer of just a better chance of coming in there safely. It really is a safety aspect.
COMMISSIONER KOLFLA T: That's very interesting. thank you.
MR. NELSON: You're welcome.
CHAIRMAN STRAIN: Ms. Caron and Mr. Adelstein.
COMMISSIONER CARON: Yeah. It looks to me from your drawing the dock could actually come
closer to the mangrove fringe and you would still be okay in water depth.
MR. NELSON: Well, we're trying to--
MS. CARON: We don't need--
MR. NELSON: Well, minus four is what we're looking for. That four foot of water at low tide is
what you always strive for. And that minus four will come to the actual edge ofthat angle where it
comes at right there. Ifwe moved it out any further, if you look at the drawing, you move the minus four
line across on the site plan view, that comes around where the bow ofthe boat is. And the reason you're
trying to get into that deeper water is because you don't want to cause any environmental damage
because of the bow of the boat hitting into the sand and disturbing the bottom soils and stuff. So really
when you do these, if you've got plenty of width across the waterway, especially when there's a lot of
other docks out there that are protruding the same distance, it's always better to be in that deeper water
environmentally because you won't cause any bottom scouring. And that's what the DEP tries to get you
in, into that deeper water.
MS. CARON: And a smaller boat with less draft.
MR. NELSON: Yeah.
MS. CARON: As part ofthe backup material, there is a letter from the DEP.
MR. NELSON: Yes.
MS. CARON: That says that the permit from them expire -- or one of the permits expires December
17,2005.
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March 16, 2006
MR. NELSON: Well, the Army Corps of Engineers permit, they have a nationwide permitting
system. And that is routinely re-approved as the days and the months and the years go by. And that has
already been extended, that nationwide permit.
MS. CARON: So you have an up-to-date permit?
MR. NELSON: That is a nationwide permit. That's under SPGP permitting, is year to year is
extended. So, I mean, that is extended on another permit. But that is the applicant's responsibility to
renew those if it's applicable, yeah.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Yes. I see on your top of your survey that one inch equals 30
feet; is that correct?
MR. NELSON: On the drawing?
COMMISSIONER ADELSTEIN: Yes.
MR. NELSON: On the site plan it's one inch equals 20 feet is what I have here. And at the top on
the cross section is one inch equals 10 feet. Are you looking at the survey itself? There's a drawing and a
survey.
COMMISSIONER ADELSTEIN: Yes.
MR. NELSON: The survey is one inch equals 30 foot, yes, sir.
COMMISSIONER ADELSTEIN: And if! put a one inch ruler right here, it will show me the 30
feet? Because it isn't --
CHAIRMAN STRAIN: We have an eight-and-a-halfby 11. Did you do your survey on an
eight-and-a-halfby 11 sheet of paper?
MR. NELSON: You're talking the survey by Mark Allen?
CHAIRMAN STRAIN: Yes.
MR. NELSON: The only thing I can think of, ifit doesn't match, it may have been reproduced for
you. And maybe in that reproduction, maybe it lost some of the scale. Yeah, this is on legal size -- this
is on legal size, so it may have been reproduced differently.
COMMISSIONER ADELSTEIN: Otherwise it comes out with 30 feet being the whole length of
the dock.
MR. NELSON: Oh, in the survey. The survey actually shows the existing. There's an old existing
dock that's going to be replaced there too. That's what the survey shows.
COMMISSIONER ADELSTEIN: I see. Thank you.
MR. NELSON: You're welcome.
CHAIRMAN STRAIN: Let the record show Commissioner Murray showed up at 8:40. Thank you.
MR. NELSON: Boy you can't get away with anything around here, can you?
CHAIRMAN STRAIN: Have to make sure the record is complete.
MR. NELSON: Absolutely.
CHAIRMAN STRAIN: Any other questions ofthis gentleman? Hearing none, we'll ask for a staffs
report. Thank you, sir.
MR. NELSON: Thank you.
MS. ERNST: For the record, Joyce Ernst from Zoning Land Development Review. First of all, I
wanted to thank Commissioner Kolflat. He brought up some issues that were addressed in the staff
report. And I guess if you notice when you read over the staff report, they have been added to the staff
report and that is the criteria for the primary and secondary criteria. That has been copied exactly the
way it is in the land development code. And it shows how staff evaluates each one of those criteria.
In addition to that, in the staff report, page two under staff comments, that's also been revised. And
what happened was, the old land development code contained a statement regarding the number of
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March 16, 2006
primary and secondary criteria that should be met in order to either deny or approve the petition. And
this was omitted from recodification of the LDC. And staff is working to put that back into the land
development code, and hopefully it will be put back in the next segment of amendments to the LDC.
Now, I put up the aerial and this located-- this is located in Bayfront Gardens, which is in Lely
Barefoot Beach. And as the applicant said, there's an existing dock there that will be replaced with this
U-shaped dock. And similar docks have been approved for other areas in both Bayfront Gardens and
South Port. Similar V-shaped docks.
And also I wanted to -- I noticed the pictures that you had that were copied originally in color, and
when they copied them, they weren't very clear. So I'm going to show you some of the pictures that were
included with the staff report. Now this first picture is standing on the existing dock looking across the
canal or the bay. And as you can see, the waterway there is quite wide, so staff feels that this facility will
not have an impact on navigation.
The second picture is also standing on the dock and looking to the north. Now, you really don't see
too much except the mangrove shoreline. And this picture is standing on the property close to the
shoreline in approximate location of where this boat dock will be located. And there you can see again,
the mangrove shoreline and the existing residence to the north.
And then the last picture is standing on the subject dock again looking to the south. And there you
really can't see much of the property to the south. The lot to the south is undeveloped. Because of the --
this being in the flood zone and all the homes have to be elevated, and because of the mangrove
shoreline, staff feels that this facility will have little impact on the view of adjacent property owners. I
have not received any comments for or against this facility. The facility complies with the criteria for
recommendation of approval and, therefore, staff recommends approval. Can I answer any question?
CHAIRMAN STRAIN: Any questions of staff? Hearing none. Thank you, Joyce.
Ray, are there any public speakers?
MR. BELLOWS: No registered speakers.
CHAIRMAN STRAIN: That will close the public hearing. Entertain a motion.
COMMISSIONER ADELSTEIN: I move that we approve BD-2005-AR-8828, subject to staff
recommendations.
COMMISSIONER KOLFLA T: Second.
CHAIRMAN STRAIN: There's a motion to approve by Commissioner Adelstein and a second by
Commissioner Kolflat. Any discussion? All those in favor signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybody opposed.
(No response.)
CHAIRMAN STRAIN: Motion carries unanimously. Thank you.
Item #8B
PETITION: BD-2005-AR-8642
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The next item was one that we previously heard and was continued for a correction on a survey. I
hope that most of our questions were resolved prior to today based on the prior hearing, and __
COMMISSIONER KOLFLA T: Mr. Chairman, did you want disclosure at this point?
CHAIRMAN STRAIN: Yes, sir. I was just -- let me finish up if I could what I was going to say.
That once we get into this if we've answered all our questions from the prior, we don't really need to go
into them again hopefully and just receive the survey for the record. Now with that, is there any
disclosures? Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. I had a conversation with Rocky Sculfield. I also exchanged
some emails relative to concerns I had on this petition.
CHAIRMAN STRAIN: Anybodyelse? I have to disclose that I received an email from
Commissioner Kolflat concerning this matter. I did not open the email and it still to this day has not
been opened. I believe the rest of the commission received the same email.
MS. CARON: We received the same email.
CHAIRMAN STRAIN: Okay. With that we'll move into the applicant's presentation. Oh, you need
to be sworn in. Court reporter, please swear in.
(So sworn.)
MR. SCULFIELD: Good morning. Rocky Sculfield representing Dr. Phillips up in San Mateo
Drive and South Port. I'll just put the corrected survey that was -- this is a continuance of a previous
hearing. The only discrepancy was brought up by Commissioner Schiffer, which the riparian line on the
north property line did not match the permit drawings. That has been corrected by the surveyor. It has
been distributed. This is the correction on the north property line right here for this riparian line. And
that's the -- Commissioner Strain mentioned a while ago. if there's any questions, I'll be happy to answer
them.
CHAIRMAN STRAIN: Are there any questions from the commission?
COMMISSIONER SCHIFFER: I have one.
CHAIRMAN STRAIN: Mr. Schiffer and Ms. Caron.
COMMISSIONER SCHIFFER: Rocky, what is shows -- just, why isn't he making the riparian line
a nice dark dash line like he did on the other side? I mean, what are you saying is, it's going due east at
this point.
MR. SCULFIELD: Well, that riparian line is the dash line -- the riparian line is -- I don't know if
you can see it. If you have an original. You probably -- I don't know if you have an original or not. The
riparian line is a faint line. That dotted line across there is some other survey sect line that's not -- he did
the riparian lines the same on both. But that -- you see down below there where that other dotted or dash
line is? There's two of them. There's one here and one right by the riparian line. Those are sect lines
that the survey used on the plat. That doesn't really refer to it, Repairian line. But, I understand what
you're saying in the future, that probably should be a little bit darker.
COMMISSIONER SCHIFFER: And also the question, you seem to have a good expertise. How do
you determine the riparian line? Do you go out and try to approximate what you call the thread of the
channel, which I assume is like the center line of the shore or something.
MR. SCULFIELD: It's either the center line -- in this case Little Hickory Bay would be the center
line of the channel, which they call the thread. Or if it's a marked channel, it would be the center line of
the marked channel. And then you start at that channel or the thread line and you draw a 90-degree
angle to that line, perpendicular to that line to the lot line on the shore. And what that does, riparian
lines were made so everybody who has a waterfront property has access, but it cannot be denied access
to their property. That's where riparian lines came from. In order to make that equiable, instead of, you
know, before they used to take whatever angle property lines were on, and they just extend them. Well,
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that would give one guy a great view -- I mean, access and the neighbor next to him on a reverse pie
shaped lot on the water, he would have virtually no access. So that's why they go to the thread of a
channel, and it kind of gives everybody a fair shake on access to their property.
COMMISSIONER SCHIFFER: And like the property adjacent to you, which is a small sliver of
land. I guess it's mostly a road access, but it is a lot. I mean --
MR. SCULFIELD: No, that's a 30-feet easement. That's a road easement. The county -- it's a utility
and road easement.
COMMISSIONER SCHIFFER: But on the appraiser's website it's a lot --
MR. SCULFIELD: They're calling it lot 108, but that is --
COMMISSIONER SCHIFFER: That's an easement through it, but --
MR. SCULFIELD: That is -- it's called a lot but it's an actual easement on the PUD.
COMMISSIONER SCHIFFER: And I guess the other question is, how important is the riparian
line? In other words, we measure setbacks in the land development code from the property line
essentially it's from the corner. But like the concern we had before is the riparian line as shown was
going through the dock and everything. Do we measure setbacks off of that riparian line?
MR. SCULFIELD: The setbacks are measured from the riparian lines. And the state views it the
same. State has 25-foot setbacks. The county has 15-foot setbacks, but they are measured from the
riparian lines.
COMMISSIONER SCHIFFER: Okay. Then I guess the point is. It would be nice to see better
documentation how to establish it. For example, if you look at the one that is an extension of the
property line on the other side, I know it's not relevant to this matter, but it isn't even really
perpendicular. With computers now, we can go to that point and go perpendicular to an arc. So that line
would actually not be exactly shown there either.
MR. SCULFIELD: Well, it's awful close. It's probably within a degree or two. If you drew on this
survey, this channel is very narrow right here. If you drew a line right through the middle there, it would
be pretty close to perpendicular, that line to the center line of that little channel coming in.
COMMISSIONER SCHIFFER: I guess in the future it would be nice to have a larger scale thing
showing the thread, showing the riparian being perpendicular to that. That's it. Thank you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah. Mr. Sculfield, on -- I'm not sure which. This one. This lovely
colored drawing we have.
MR. SCULFIELD: Is that -- is this the one?
MS. CARON: Yeah. The entire dock area is 52 feet?
MR. SCULFIELD: That's correct.
COMMISSIONER CARON: All right. But how much actually is beyond the mangroves?
MR. SCULFIELD: Well, the mangrove fringe, you see which would be the western, or the head of
the slip.
COMMISSIONER CARON: CARON: Right.
MR. SCULFIELD: The mangroves you can see actually come out and encroach into that u-shaped
slip.
COMMISSIONER CARON: How much is beyond--
MR. SCULFIELD: That's the overhang.
COMMISSIONER CARON: How much of the dock goes beyond that mangrove area? Of the 52
feet --
MR. SCULFIELD: Right. Approximately 28.
COMMISSIONER CARON: CARON: Okay.
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March 16, 20'06
MR. SCULFIELD: 28 feet.
COMMISSIONER CARON:: Good. That's what I needed to know. Thanks.
CHAIRMAN STRAIN: Any other questions from the commission? Hearing none, we'll move to
the staffs comments, if any. Thank you, Rocky.
MS. ERNST: For the record again, Joyce Ernst from Zoning and Land Development Review. You
know, aside from what Rocky had said that other similar U-shaped docks have been approved in this
area in South Port. And staff feels that because of the location of this property and the mangrove
shoreline, that this facility will have very little impact on the adjacent property owners. Just to the north
of this, let me just show you the area one minute. That small piece of property we're talking about just
north of this is actually Malibu Cove right of way. It's a right of way and provides access to this property
and the property next door as well as the one just north of that Malibu Cove. And you can see to the
south and to the west ofthis property, it's the bay -- Little Hickory Bay. So as I said, it will have very
little impact on the view of adjacent neighbors. Where this dock facility will be located, the waterway is
quite wide. So staff also feels this will have little impact on navigation. I have not received any
comments for or against this facility. It complies with the criteria for recommendation of approval, and
therefore staff recommends approval. Any questions?
CHAIRMAN STRAIN: Are there any questions from staff?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Joyce, I have two.
MS. ERNST: Oh.
CHAIRMAN STRAIN: Is this survey as submitted sufficient to meet the criteria of the code in
regards for your review and staffs review?
MS. ERNST: Yes, it is.
CHAIRMAN STRAIN: I knew you'd say yes, but I wanted to have that for the record since it's been
questioned so much.
MS. ERNST: Okay.
CHAIRMAN STRAIN: And lastly, we heard comments that the setback for this is measured from
the riparian line. I don't have a land development code book with me today. Do we actually reference
setbacks in the land development code from the riparian line?
MS. ERNST: Yes. It does actually say that the setback is measured from the riparian line.
CHAIRMAN STRAIN: Okay. Thank you very much. Are there any public speakers, Ray?
MR. BELLOWS: No registered speakers.
CHAIRMAN STRAIN: Hearing none, weIll close the public hearing and entertain a motion.
COMMISSIONER ADELSTEIN: I move that we approve BD-2005-AR-8642 subject to staff
recommendations.
COMMISSIONER MURRAY: Second.
COMMISSIONER SCHIFFER: Motion made by Commissioner Adelstein, seconded by
Commissioner Murray. And I believe he meant BD.
COMMISSIONER ADELSTEIN: Yeah, BD.
CHAIRMAN STRAIN: Comments? Commissioner Caron.
COMMISSIONER CARON: Ijust have one comment. That's on the little dock that's being left. I'm
concerned that once this is over -- well, there's a stipulation in there that there can't be any mooring at
this dock. I don't think we have any control over that. I think the little dock should go in favor of the
new dock, which I have no problem with.
CHAIRMAN STRAIN: Any other comments? Hearing none we'll call for the motion. All those in
favor of the motion as stated signify by saying aye.
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March 16, 2006
COMMISSIONER STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybody opposed? Motion carries. We're at seven to zero this time.
Thank you.
Item #8C
PETITION: V A-2005-AR-8857
The next item on our agenda is petition V A-2005-8857. All those wishing to speak in this matter
please rise and be sworn in by the court reporter.
(So sworn.)
CHAIRMAN STRAIN: Thank you. Disclosures?
COMMISSIONER CARON: Yes. I had a meeting with Mr. Pires.
COMMISSIONER KOLFLA T: I visited the site, inspected the site.
COMMISSIONER SCHIFFER: The only thing out of the ordinary is I reviewed the documents on
file for the construction documents.
COMMISSIONER ADELSTEIN: I met with Mr. Pires office too.
MR. MURRAY: No contact.
CHAIRMAN STRAIN: I had a meeting in discussion with Mr. Pires and Carlos. And, Carlos, I
would screw up your last name if I tried to say it, so -- and we discussed the almost, page by page, the
staff report, so, hearing no other disclosures, we'll ask the applicant to make a presentation.
Heidi, are you up there to -- did you want to start? I'm surprised if you did. I thought we usually
start with the applicant.
MR. PIRES: Thank you, Mr. Chairman, members of the planning commission. For the record,
Anthony Pires with Carlos Zampogna of Woodward, Pires & Lombardo law firm representing the
petitioner in this case, this application. And this is a variance application with regards to an existing
commercial restaurant operation requesting a variance for the fact from the required 25-foot side yard
setback to 13.34 feet as it relates to commercial structures abutting a residential. It's really side yard
because you know in a corner lot you have two fronts and two sides. And the one variance is for the
setbacks as to the back portion of this. This southerly portion abuts a residential neighborhood. And the
other variance is a request for the variance acquired 15 foot setback to zero point zero one feet on the
west side. And all this is to allow an addition that houses restrooms and storage.
This application does not request a variance for any additions to seating capacity. The only seating
capacity will be the fact that we have ADA handicapped reliant rest rooms. That's all we have. That's
what this is designed to do. It's approximately 400 square feet. No additional tables are being provided
by virtue ofthis. There's no density increase. No density increase. It's merely to provide and replace the
existing approximately 149 square foot restrooms that were there previously with handicapped ADA
compliant restrooms, family rest room facilities. The prior restrooms have been converted to wait
stations and waiter stations and service stations. No additional tables, no chairs with regards to that. I
think it's always helpful to have aerial photographs and photographs in these types of applications. And
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also to recall, this restaurant was first built in 1990. And at that time the CC zoning regulations provided
as to side yard setbacks, the setback was zero or five feet. And it was built in compliance with the
requirements of back in 1990 -- 1991, the land development code changed the criteria with regards to the
setbacks, and we have the current LDC requirements with regards to setbacks that are issued in this
particular application today. You can see the aerial photograph depicting the particular restaurant. It's
highlighted in yellow. To the south -- I have some additional photographs I might be utilizing. It might
be difficult to see but we have some other photographs from the ground. The addition is in this general
area for the restrooms. This is a commercial parcel to the west. This structure is approximately 10 feet
from this property line. Along the south, or back portion of the restaurant, there's a fence on this
residential side, landscaping then another fence on Americline's property. There's FP&L's power lines
that run through here also. So you have sort of -- I'll call it the cream sandwich, or oreo sandwich effect.
You have fencing on the south side of the residential side, landscaping, and fencing on our client's
property.
There was a photograph that was included in your agenda packet that we would like to explain and
describe also. It wasn't all that flattering, I guess, but I want to describe and explain this particular
photograph. I don't know if you can see it on the visualizer. On the photographs -- this is in your agenda
packet. This fence is actually on the property to the west. It is not on our client's property. This is the
approximate location of the property line. So this area here is part of the commercial property to the
west. This is the southwest corner of the bathroom addition. This is looking due east along the rear
portion of the restaurant. This is the bathroom addition here. You'll notice -- and once again, in this
photograph you can see the basketball net from the neighbor's backyard in some of the vegetation.
There's a gap in the vegetation, and we'll explain that. During Hurricane Wilma, some of the oak trees
that were back touching the power lines and caused a bit of a fire issue. So they've been taken back.
And some of the other vegetation has been damaged. We will replace the vegetation in this particular
area to bring it up to standards and also to account for the issues that occurred with Hurricane Wilma.
Another photograph taken yesterday I think also will assist you. Thank you, Ray.
This was taken yesterday afternoon. This again depicts -- this fence is on the commercial property
to the west. It's a south property line of the commercial property to the west, looking again due east.
And you can see the vegetation in here, and you can see the fence, the other fence on the residential
property. So you have sort of that buffer that's composed of fencing in our client's property, which is
recently constructed, vegetation is the filler, I guess, and fencing on the residential property. And here is
the gap in vegetation that we would propose and working on replacing the vegetation. There's two oaks
growing in there now to bring it back to the way it was before.
Just to give another perspective of the neighborhood. This is -- and all these will be made part of
the road. This is a photograph looking west at the neighboring commercial parcel. This is the fence to
the west and this is part of the building on the west side. It actually comes backs. This is the corner of
the bathroom addition. This is looking west. So the commercial property to the immediate west extends
pretty far south in that particular location.
A question arose as to location of the dumpster between the buildings. Some people construe that to
be an obstruction. Our clients did not place that dumpster there. There is a dumpster. This is the front
of our client's property. This is the rear and this is the bathroom addition. This is the commercial
property to the west. That dumpster has been there for two months, placed there by one of the owners of
one of the commercial condominium units next door. Our client asked when that would be removed. It
has not been removed. But that is not on our property. It's not been utilized by our client. We
understand demolition work has been underway in one of the units next door, and they've been working
on getting a permit for the last couple of months. Again, this is another photograph from the front, from
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Bonita Beach Road facing south. Our clients, front of our client's building of the property to the west,
and there's the dumpster, not on our client's property. So, I want to address that issue because I didn't
want that to become a point of contention.
CHAIRMAN STRAIN: Mr. Pires,just to help me with some of my confusion. So you are not
putting -- the building is already on the zero property line?
MR. PIRES: The building was first built in 1990 at the location of -- yeah, on the property line on
the west side pursuant to the zoning regulations for C4 existence at that time pursuant to the building
permit, building code and zoning ordinance in existing up until October 1991, yes.
CHAIRMAN STRAIN: Okay.
MR. PIRES: And this addition, the bathroom addition, is the southerly extension along the westerly
property line. To maintain, once again, that continuous line of construction that maintains the 10- foot
separation, it still maintains the substantial distance between -- I'll call it the back property line, you
know, where the residential community is, neighborhood is, and the building. And the person in the back
__ I think Ray Bellows has placed for you a survey which may be of some assistance. Again, this is
facing south. The original building is this configuration from here to here, here to here.
CHAIRMAN STRAIN: Your aerial is what threw me. That yellowed-in aerial you showed, it didn't
look like the building was on the property line. That's why I was --
MR. PIRES: Sometimes I think the property appraiser's aerials, I'm not sure what the tolerance is
for the variation, and that's the aerial that you saw, but the building is on the property line per the survey.
CHAIRMAN STRAIN: Thank you.
MR. PIRES: We have had some issues raised with regard to some of the neighbors. There's some
letters of objection you may have received in your packet. I think it's always helpful to know the
relationship of the properties if they're making objections or not to the applications. I think the Elliotts
wrote a letter that might be in your agenda packet as to the objections that they have. These -- this is the
Elliott property and this is the restaurant. The restaurant is right here, Elliott is right here.
CHAIRMAN STRAIN: You went off of the screen with your pointer.
MR. PIRES: I'm sorry. The Kerrys wrote a letter of objection. And the Kerrys are at 120 First
Street. The restaurant is up here. The Kerrys are located right there.
Also, an objection was filed -- and we'll get into that in a little bit -- one of the commercial unit
owners to the west. But two commercial unit owners to the west have provided letters of no objection,
in fact, support. If I can give these to Ray to make part of the record.
Camarade and Careden who own some condominium units in the commercial property to the west
have no objection to this application. Remax over in this unit two buildings away, they have no
objection. And Mr. Bevin or Bevan, B-E-V-A-N, who owns -- this is the restaurant again. This is Mr.
Bevans residence. He signed a letter of no objection. He also owns this lot right here. So, this is the
restaurant and he had no objection.
As to these two neighbors to the immediate south, they have not provided letters of no objection, but
our clients have had conversations with them. In fact, this gentleman, this family, they come in
frequently to the restaurant and dine there, at least once a week. They're out of town but they've told my
client, my understanding is, they have no objection. My client has had conversations with the people
that live here and they have no objection, is my understanding to this application. In fact, my clients
have tried to work with these people in the past with any issue they've had. There was an issue at one
time about a dumpster location here, and my clients worked with them and the county to relocate the
dumpster to another location to avoid any issues, to be good neighbors with the neighbors to the south.
To give an idea of the sort of relationship with the various parties who have sent written
correspondence in, this is the property, the restaurant up here. This is the unit property to the west,
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March 16, 2006
which one party has objected, one has not.
The property further to the west, they've indicated no objection. Mr. Bevans' property, no objection.
And then Kerry and Elliott are back here in the pink. And you have, as I said, the people right behind
have verbally advised my client that they have no objection to the variance request.
As to objections raised by one of the property owners in the commercial unit to the west, we were
not advised of that previously until we were provided a copy of the correspondence that Mr. Pritt
represented them supplied to the county staff.
And in that regard, once we advised our client that one of the property owners next door,
commercial property owners owning a commercial condominium unit, had an objection, my client called
there yesterday and said what the heck is going on? I didn't think you-all had a problem. He talked to
Susan Myelic. And a gentleman arrived in the restaurant shortly after that and he said he was one of the
manager's ofthe company, the LLC, that owns that unit. And my client, Angelo Puleio eXplained the
variance request. It wasn't additional seating, it was merely bathroom additions. Then the person said,
well, then we don't have any problem with that. And that was repeated again apparently in the hallway
this morning. But in conversations with Mr. Pritt, they indicated they wished to talk to us about parking,
shared parking arrangements. And the unit is for sale. So I'm not sure what is going on with that
particular objection. There is no utilization ofthe property to the west for this variance. It's not
increasing seating capacity. It's not a red herring for anything. And I wish Mr. Pritt would have called
me ahead of time. Possibly we could have explained in greater detail what the variance is for.
The staff has done a really good job of analyzing this particular variance application. And we make
the recommendation to you that you forward it with the recommendation of approval to the Board of
Zoning Appeals with the very stipulation we have no problem with that. As outlined in the staff report,
the variance would not allow any increase of the existing encroachment. It's the minimum variance
required to allow the bathroom facilities to remain. It does unify the back of the building. The property
to the west is already developed with commercial uses, has provided adequate separation between the
buildings, except for the dumpster that we've been trying to get rid of for two months. It doesn't have a
negative effect on the neighborhood. In fact, as I mentioned to you, the property owners immediately to
the south have a very good relationship with my clients. They have advised they have no objection to
this request. And the property owners that do have an objection are far removed from the property. The
property is very well buffered and screened on the south side. This doesn't really add to any issue with
regards to that as far as it doesn't have any negative effect. And therefore, we would request that you all
recommend to the Board of County Commissioners and the Board of Zoning Appeals this variance
applications with the stipulation as provided.
CHAIRMAN STRAIN: Thank you. Mr. Adelstein?
COMMISSIONER ADELSTEIN: I got the copies of your proposed variance that you sent out.
How many did you actually send out? How many did your firm send out? You've got three of them
back. How may did you actually send?
MR. PIRES: You mean letters of no objection?
COMMISSIONER ADELSTEIN: Right.
MR. PIRES: We sent 16 letters out.
COMMISSIONER ADELSTEIN: And three of them were the ones that came in saying they didn't
mind, correct?
MR. PIRES: That's correct. Once again, two have advised verbally that they have no objection, but
they didn't put it in writing in response to that mailing that we had.
CHAIRMAN STRAIN: Are there any other questions? Mr. Schiffer.
MR. PIRES: Excuse me. IfI can be corrected, it's 12 letters that were sent out, Mr. Adelstein. I
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March 16,2006
have been corrected. Thank you.
COMMISSIONER SCHIFFER: Could you give me like a history of what happened and why the
building was stopped? You applied for a permit. You submitted documents. I kind of looked at the
document. There's really no site plan. There's nothing on setbacks noted, but what happened in the
construction? The reason we're here today is somebody stopped this.
MR. PIRES: I think during the construction, the permit was applied for. The permit was issued and
then when the spot survey came in, the county staff thought that there might be an issue with regards to
the construction at this particular project and a stop work order was issued. Our clients then wanted to
continue working on it because they wanted to -- they're at the stage of construction. They're at the tie
beam stage when the county noticed on the spot survey that there might be an issue with regards to the
setback. And so being at the tie beam stage, our client has substantial amount of funds already invested
in the project.
We asked the county commission -- or, my clients did -- if they could proceed ahead, you know, and
be applying for the variance, recognizing they would be proceeding at their own risk with regards to the
variance application-- with regards to the building construction. And then they would be processing the
variance. So in order to protect the investment that they already had, protect it against the weather --
also have a functioning restaurant, they completed the work.
COMMISSIONER SCHIFFER: So, in other words, at the tie beam stage. So they're out in the back
and they're building this wall ready to pour the tie beam, and the county says, stop work. You know, this
MR. PIRES: The tie beam was already poured, is my understanding. And they already had -- my
understanding is they already had cut into the main building and they wanted to protect the main
building from weather and also mitigate the damages.
COMMISSIONER SCHIFFER: In the file there, the building director gives them the okay to go at
their own risk for the interior build out only. What do you think that meant?
MR. PIRES: For the bathroom addition. That's what the--
COMMISSIONER SCHIFFER: The permit also showed renovations to the inside of the existing
building.
MR. PIRES: There have been removal-- for example, the bathroom removed and now it's a wait
and serve station.
COMMISSIONER SCHIFFER: Okay. So you think when the building official said the interior, he
meant the interior of the addition also?
MR. PIRES: I'm not sure ifI understand that question.
COMMI.SSIONER SCHIFFER: In the file the building official -- you said they went before the
commission to get approval to do this?
MR. PIRES: The county commission, just to be able to basically have a stop work order lifted to
allow the construction to continue at their own risk while they were working through the variance
process.
COMMISSIONER SCHIFFER: Okay. Then the building official-- I guess, Joe can answer that.
MR. SCHMITT: For the record, Joe Schmitt, Community Development Environmental Services
Division. First, understand for those who are not aware of the process, it's up to the applicant that within
10 days of placing slab, it's their responsibility to come in with the spot survey. And the review of the
spot survey, that's when we detected the encroachment. We issued a stop work order. By that time the
applicant was well beyond -- of course, they proceed at their own risk. They were well beyond the stage
where they probably should have been, but that's normal most everywhere in the construction business.
They submit the spot survey.
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March 16, 2006
The petitioner petitioned the board. I can't recall the dates. I can look at my notes, but we
encouraged the petitioner to petition the Board of County Commissioners. Understanding this was an
error. It was an error, I believe in recall, this was an owner builder doing some ofthe work and placed
the wall. It was certainly just an error, not done in anyway towards in malice or trying to deceive in
anyway the county. It just was simply an error in placing the wall with the alignment of the home. They
petitioned the commissioner. We supported the commission in regards to allow them to continue with
the building, certainly at their own risk as they proceeded through the variance process. And that's
basically how they got to this point. They assumed the full risk with the understanding that they had to
proceed with this variance before the appropriate boards through the planning commission and the Board
of County Commissioners.
COMMISSIONER SCHIFFER: I do have questions for Joe and Mark, but should I wait for the staff
report and stay with Mr. Pires?
CHAIRMAN STRAIN: It's up to you. There may be more questions. It's up to you. Do you want
to hold or continue?
COMMISSIONER SCHIFFER: I'll stay with the petitioner's sides then I'll go to Joe.
Tony, in the permit you're requesting 150 seats. Isn't that in excess of what was existing?
MR. PIRES: The permit application has a notation for 150 seats, but we are not requesting 150
seats. In the construction, it has nothing to do with additional seats or tables. It's to -- I notice that
notation is on there, but the permit application is for some of those interior remodeling and the
bathroom.
COMMISSIONER SCHIFFER: But the bathrooms can handle, by the plumbing count, in excess of
150 seats. So in other words, the bathroom addition is not a bathroom addition to build a 75-foot -- 75
seat restaurant. It's to build a restaurant that would be probably in excess of 150 seats. So where would
that seating be controlled?
MR. PIRES: The additional bathrooms are to make them ADA and handicapped compliant. The
restrooms -- if you look on the plans, the restrooms are very small prior to this time -- were very small
bathrooms. And they're approximately 130 to 140 square feet is all. The bathrooms indicate on the
plans, it says 396 square feet. I did my math 39 feet times 12 feet. And I came up with 468 square feet
for the bathroom additions. And that's handicapped accessible and family bathrooms. And there is no
additional seating provided, and no additional seats or tables have been provided. And the seating
capacity is what it was at the time.
COMMISSIONER SCHIFFER: But the bathrooms are provided for more than you would need for
150 seats even. In other words, the way the plumbing code is, it's 75 seats per, let's say, lavatory toilet
combo. So it's a very large bathroom.
So when you say it's not -- how do we know it's not 150 seats? The plans say 150 seats. The
bathroom says more than 150 seats. Where have you limited the seating?
MR. PIRES: The actual physical number of chairs in the restaurant is less than 150. I think it's
around 80, if I'm not mistaken.
COMMISSIONER SCHIFFER: Today?
MR. PIRES: Yes.
COMMISSIONER SCHIFFER: So they have the facilities to bring in another 80 seats. But anyway
MR. PIRES: I don't know if they have the space to do that, Mr. Schiffer, quite frankly, in the
building.
COMMISSIONER SCHIFFER: Okay.
MR. PIRES: And they have other constraints that would come into play when they had to occur
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also. I don't think they physically have the space within the dimensions to achieve that.
COMMISSIONER SCHIFFER: Okay. So the owner is the builder of this?
MR. PIRES: Yes.
COMMISSIONER SCHIFFER: The owner submitted the plans, got the plans done, filled out the
application, which didn't have any setbacks on it. The plans have no site plan on it that shows at least the
new construction. Do you agree or have you looked at the plans?
MR. PIRES: Part ofthe -- if you recall, the staff report says if there's an approval of this variance
application that there also needs to be a concomitant site development plan amendment to reflect this. I
didn't see a site development plan amendment as part of the site. I believe you're correct.
COMMISSIONER SCHIFFER: Okay. I'm done. Thank you.
CHAIRMAN STRAIN: Commissioner Adelstein?
COMMISSIONER ADELSTEIN: Get some clarification from you also regarding, at one time there
were two other prior property grant variations. All three ofthese though are in one area; is that correct?
MR. PIRES: That's correct, yes, sir. But generally, this is more westerly where the other ones were
more easterly. They are the back portion.
COMMISSIONER ADELSTEIN: If, in fact, you went and worked on that back end again, why
weren't you able to get rid ofthe situation why you still had the right to work on it instead of waiting for
it to be finished and then you're still going to go in for another variance? Couldn't you fix it while you
were doing the work prior to meeting your --
MR. PIRES: I'm not sure if! understand the question. They went before -- there was a stop work
order issued --
COMMISSIONER ADELSTEIN: I understand that. Now you've got the chance to go back in and
finish up the work.
MR. PIRES: Yes.
COMMISSIONER ADELSTEIN: Why wouldn't you be able to fix the variance at that time too
also.
MR. PIRES: As far as processing the variance application?
COMMISSIONER ADELSTEIN: You have a situation where you're allowed to do the work. If
you did the work and the variance then became obselete, didn't need to be -- if you moved what needed
to be moved in order to do it at that time.
MR. PIRES: Well, we really couldn't.
CHAIRMAN STRAIN: It's the 39 by 12 foot approximately size. And once again, a tie beam was
poured. There's really -- it would have to be demolished to bring it back to the original configuration
and then go back and apply for variance. And there's a substantial amount of money already invested at
that time.
COMMISSIONER ADELSTEIN: I know it's a lot of money invested, but the situation here we've
got three of them in one area and now you're asking for another variance.
MR. PIRES: But once again, the construction was already underway. The only way to have, sort of
brought it back to the prior condition would have been knock this addition down and then process the
variance, I guess. And because, once again, the County Commission recognizing, they told us clients
were proceeding at their own risk.
COMMISSIONER ADELSTEIN: At their own risk. Now that they haven't got it done, what right
do you have to ask for another variance?
MR. PIRES: No, we're not asking for another one, it's part and parcel to the variance package in
that whole building. There's no additional variance. This is the third variance application.
COMMISSIONER ADELSTEIN: This is the third variance, right? That's what I'm saying, you
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don't think -- never mind. I understand what your statement is. I just don't understand why you didn't
clear it up before you did it, finished it.
MR. PIRES: Well, at the time they applied for the permit, they didn't think they needed it. And by
virtue of them making the application to the county and the county issuing the building permit and
letting them proceed with the construction at the beginning, that's what -- I think Mr. Schmitt was
indicating was sort of an error on both parts.
COMMISSIONER ADELSTEIN: I don't see where you get a basis for your claim for this
entitlement. I don't see it at all.
CHAIRMAN STRAIN: Any other questions? Mr. Kolflat?
COMMISSIONER KOLFLA T: For follow-up on your response to Brad Schiffer relative to the
seating. Is the seating 150 seating; is that correct?
MR. PIRES: No, sir, it's not.
COMMISSIONER KOLFLA T: What is the current seating?
MR. PIRES: I don't know the actual physical count. The occupational license is issued for 85 to
149 seats, but the actual count is -- well, it depends upon whether the private dining area is being utilized
in this particular way. I think it's like 135.
COMMISSIONER KOLFLA T: 135?
MR. PIRES: Yes, sir.
COMMISSIONER KOLFLA T: What is the comparable parking area required for a 135-seat
restaurant?
MR. PIRES: I'm not sure. I don't have that analysis. Once again, this was built when the parking
requirements were different than what they might be today.
COMMISSIONER KOLFLA T: Ray, do you know that?
MR. BELLOWS: I can tell you what the current code requirement is, but I can't tell you what it was
approved for at the time this building was built. The code has changed, the parking requirements
changed. So what happens is, the building becomes a legal nonconforming building. Also, the setbacks
have changed as was depicted on the survey. The building abuts the western property line which is no
longer allowed. You would have to have a setback off the property line. Weare dealing with the
pre-existing nonconforming building. Therefore, they're vested in at the current standards and for
parking. However, if there is an addition to the building that requires additional parking, they would
have to provide it.
MR. PIRES: And I think that's the issue here. We're not providing additional seating. We're
providing a larger bathroom facility. The old bathroom facility is no longer used as a bathroom. It's a
server station.
COMMISSIONER KOLFLAT: Now the permit that you filed says interior and references
bathrooms as being the work that's maintained?
MR. PIRES: Yes.
COMMISSIONER SCHIFFER: There's no statement in that permit that says it would be exterior
work done, expanding the building wall.
MR. PIRES: But the plans show that it's an addition onto the rear of the building. Look at the plan
that has that depicted. It's in addition to the southerly portion of the building on the outside.
COMMISSIONER KOLFLA T: But looking at the permit, there was no way to asertain there was an
exterior modification going on in this application.
MR. PIRES: Yes, sir. If you look at the application and all the materials that were supported with
the application and supplied as part of the application, it's clear on that application that this was exterior
bathroom addition to the building. That was part ofthe whole application. So it's not just the cover sheet
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of the building permit, but it's the actual whole packet that is reviewed for purposes of making the
determination as to whether a permit would be issued.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Back to the seating. The permit states that obviously it shows 150
seats in the plan, but it also states in the area calculations that the seating capacity is 150 people. The
new seating capacity is 150 people, so, what words are we supposed to believe and what words are we
not supposed to believe on the plans submitted? And there's a survey in the plans submitted that does
not show -- the only survey, does not show any additional work to the exterior of the building. Granted
the structural plans for work on the exterior of the building. But if you look at, or you show me which
would be better. A survey that shows, for example, the G.l 00, it shows that as an open yard where the
building is.
MR. PIRES: Bear with me while I go through the permit application.
COMMISSIONER SCHIFFER: I think it's important before the staff comes in and says maybe the
staff made a mistake, is that this set of plans has no indication whatsoever that there's any exterior work
on the building. The setbacks have never been filled out on the application. I don't think an exterior or
new building frame could even be built by an owner builder on a commercial property. So the staff must
assume it was just interior work.
MR. PIRES: Mr. Schiffer, this is part of the building application. Perhaps this can address some of
it. This is page D-lOO.
COMMISSIONER SCHIFFER: Show me where --
MR. PIRES: Right in this area here. This is the area that sort of circled and tethered as part ofthat.
COMMISSIONER SCHIFFER: Right. But in that circle it's shown as an exterior space. I mean, a
good clue is the three propane tanks in there. They don't go well in bathrooms. In other words, my
point, had that survey, exactly what you had there, blackened in that area and said new addition, I don't
think we'd be here today.
MR. PIRES: Well, I guess part of the question is, this isn't the Board of Zoning and Adjustment
Appeals involving building permits. This is in regards to the variance. So I guess part ofthe issue is --
and this was a boundary survey also that we, as of March 2004, which is under construction. But with
regards to the issuance of the permit, the staff had this information and material at the time that indicated
this was an exterior addition.
COMMISSIONER SCHIFFER: Well, show me -- there's structural plans for an exterior addition.
There's no site plans showing where that structure is even occurring.
MR. PIRES: Right here.
COMMISSIONER SCHIFFER: Well, what makes you --
MR. PIRES: It says Enzo's addition. This area indicated back here.
COMMISSIONER SCHIFFER: Where does it say Enzo's addition?
MR. PIRES: Right here.
COMMISSIONER SCHIFFER: On the title block, yeah.
MR. PIRES: I'm sorry?
COMMISSIONER SCHIFFER: But there's just a cirle there and there's nothing that says that's even
where the new addition is going. And like I said, it shows a sidewalk, it shows propane tanks out there.
That's just a copy of the survey, the existing survey.
MR. PIRES: This is -- part ofthe materials submitted to the county, and the pages indicate -- it's
circled there as far as where this work was going to occur. And, again, this page has the restaurant -- I
mean, the restrooms depicted, it's page A-I 00.
CHAIRMAN STRAIN: Brad, your question is maybe better asked of staff in regards to this issue. I
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think the applicant submitted what they thought were the required documents and staff reviewed them in
some manner. Maybe when staff gets here, those questions can be better answered by them, if that
works for you.
COMMISSIONER SCHIFFER: I agree.
MR. PIRES: And again, also Enzo's addition back here has where it's tied into part of the framing
plan. But I think it would be more appropriate as Mr. Strain indicated, for the staff.
CHAIRMAN STRAIN: Any other questions for the applicant? I have several.
Mr. Murray, go right ahead.
COMMISSIONER MURRAY: No, no. I was just going to suggest, Mr. Chairman, that Mr. Pires
indicated some documents he wanted to enter into evidence. You needed a motion.
CHAIRMAN STRAIN: I need your mike.
MR. MURRA Y: Whether you needed a motion to accept those documents he offered into evidence.
CHAIRMAN STRAIN: I haven't received any documents from him.
MR. MURRA Y: He had indicated he had a number of pictures and things that he wanted to enter
into evidence.
CHAIRMAN STRAIN: Ifhe does, he needs nine copies -- or the number of copies for here so we
can review it, otherwise I'm not sure it helps us any.
COMMISSIONER MURRA Y: That's why I brought it up, sir.
MR. PIRES: I don't have nine copies, but I'd like to make those part ofthe reoord.
CHAIRMAN STRAIN: Ms. attorney, is that okay? Ms. attorney. Marjorie. I'm sorry.
MS. STUDENT -STIRLING: Thank you. He can submit them for the record. I think maybe it
would be helpful if there were sufficent copies for the commission. But, Mr. Bellows could put them up
there, or pass them up to you and you can view them.
CHAIRMAN STRAIN: Okay. We'll do it that way. If that's fine with the county attorney, then
we'll have a motion to accept those pictures into evidence.
COMMISSIONER MURRAY: So made.
CHAIRMAN STRAIN: Motion made by Mr. Murray. Second by?
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Seconded by Commissioner Caron.
CHAIRMAN STRAIN: All those in favor signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Thank you. Mr. Pires, I have several questions for you.
MR. PIRES: Yes.
CHAIRMAN STRAIN: Apparently, this was discovered at the time a slab survey was issued. Spot
survey.
MR. PIRES: Yes, sir.
CHAIRMAN STRAIN: Did the spot survey, was it consistent with the building plan application?
MR. PIRES: I'd say, yes, sir, and here's a copy of it.
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CHAIRMAN STRAIN: The reason I'm asking is then, I'm trying to figure out where it was
originally missed. Apparently, it was originally missed on the original submission--
MR. PIRES: That's correct. That's my understanding.
CHAIRMAN STRAIN: So it shows up back after they went ahead and built, and it showed back up
at the time you submitted a spot survey. And then it wasn't -- your spot survey was not inconsistent with
your building application, but that's when it was noticed by staff that there may be an issue.
MR. PIRES: That's my understanding.
CHAIRMAN STRAIN: Can you explain, there's some existing easements on this property. I guess
for me it's easier to see in a visual manner how they overlay with what you're doing today.
MR. PIRES: From our perspective, the existing easements don't have any effect on what we
propose today. I only have one copy, but this is a boundary survey that shows this area and shows some
of the easements. In can put this on the visualizer. Were those easements to the rear of the building?
MR. PIRES: On the back side.
CHAIRMAN STRAIN: I'm sorry. I keep using the word easements. I mean variance.
MR. PIRES: Oh, the variances?
CHAIRMAN STRAIN: The variances which were previously issued to the rear of the building as
well.
MR. PIRES: All the activity is taking place at the back of the building. That's correct.
CHAIRMAN STRAIN: Okay. Can you show me on this plan just by pointing out the limitations of
those prior variances. I'd like to see how much deviation you have from the prior variance from the one
you're asking for today.
MR. PIRES: Ifwe look at the area that's designated as a cooler--
CHAIRMAN STRAIN: Right.
MR. PIRES: And this area here also, they were a product of the prior variances. And this is the
area that is the subject matter of the existing variance. As you can see, it's no further south than what
was indicated and allowed by the prior variance.
CHAIRMAN STRAIN: There was no overlap then?
MR. PIRES: No, sir.
CHAIRMAN STRAIN: That's the only question I had. Thank you. Mr. Murray?
MR. MURRAY: Mr. Pires, on one of the photos -- I think perhaps it was the earliest photo that you
showed -- it seems to me that the structure had now been completely enclosed. It appeared that way; is
that correct?
MR. PIRES: That's my understanding, yes, sir.
MR. MURRAY: On the survey that you just showed, the site plan there, there was some indication
too that there was some propane cylinders, chain link fence previously. The building is now completely
enclosed. What happened with those propane cylinders? Where are they now?
MR PIRES: This survey reflects that the propane tanks are over on the east side. Located here,
here, and here.
MR. MURRAY: So they've been relocated?
MR. PIRES: Yes, sir.
MR. MURRAY: Okay. I didn't pick that up. I thank you very much.
MR PIRES: Yes, sir. Thank you.
CHAIRMAN STRAIN: If there's no other questions of the applicant, I'd like to hear from the staff,
please. Thank you.
MS. WILLIAMS: Good morning, Commissioners. For the record, Heidi Williams, principal
planner with Zoning and Land Development Review. I'd like to start with a little bit of the history of this
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project. The restaurant was constructed following an approved site development plan in the earlier
nineties. The parking was established at that time by the current land development code standard. The
approved site development plan has 150 seats on that SDP. At that time parking was calculated using
the square footage of the restaurant and parking was shown as 37 spaces, which was actually above the
requirement at that time. The building was constructed with a zero foot setback along the western
property line. That was in compliance with the code at the time. Arising from some conflicts with the
residential neighbors to the south two variances were sought. One in 1993 to enclose a quote, can
washing facility. I believe that the variance resolution and some backup material regarding that '93
variance was included with your backup material. That was prior to enclosure of that structure.
A second variance was granted in 1994 after construction of that was completed and there was a
little bit of a discrepancy. The second variance was to bring the intended encroachment into compliance
at that time. This variance clearly solves some nuisance problems for the neighbors. It was a good
example of working together with the neighborhood to clean up some of the conflicts that can occur
when residential and commercial are adjacent.
The applicant then obtained a permit to provide the current addition, the one we're speaking about
today, for storage and restrooms. This was obtained from the county, and as we have already discussed,
after construction began it was discovered that there were further encroachments into the required
setbacks. The current land development code has a l5-foot setback along the western property line.
That's considered a side yard adjacent to commercial. The southern property line is also a side yard
based on the fact that there are two street frontages to this property. Because that is adjacent to
residential, that side yard is a 25-foot requirement. Once these encroachments were discovered, the
applicant was issued a stop work order by the county. And also as previously discussed, they petitioned
the Board of County Commissioners to be permitted to proceed with construction so there was no
damage to the structure already started.
The variance requested today is a little bit complicated, so I'd like to go into it in detail. The western
property line would require to bring this addition into compliance, a 14.99 foot variance to the 15-foot
setback. The structure is 0.01 feet feet from the property line. It extends the line of the original
building. The original building is, as Ray mentioned, legally nonconforming. So that portion of the
structure is acceptable to the county. The new addition has to meet today's standards, and so would be
required for, I believe, its 12 feet oflength on that side.
Along the southern property boundary the new addition requires a -- has a 13.34 setback according
to the boundary survey, which is an 11.66 foot encroachment. It was also discovered by this survey that
the first addition to the south side of the restaurant, although it was attempted to be in compliance, it still
has a minor encroachment. This could be fixed by an administrative variance process. However, since
we are going through the full variance process, it would make sense to roll it all into one application.
There is, like I said, a very minor difference between the approved encroachment and what is there
today. I believe it's less than six inches. So the proposed resolution should this be approved, would
include that the entire structure could be brought into compliance with today's code from that standpoint.
The variance process has eight criteria to consider. They are, staff analysis in the staff report.
Overall the new addition does extend pre-existing conditions. There were protections placed along the
southern property line as discussed by the previous variances including fencing and landscaping.
The applicant has discussed that there were -- there was some damage to that. And, although I do
recommend approval with three prior stipulations, I would add that the new commitment to replace the
vegetation be another stipulation of the recommendation for approval. It would be suggested that it be
limited to those structures shown on the survey today, that a site plan amendment be required and no
further encroachments be permitted on this site.
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Could I answer any questions?
CHAIRMAN STRAIN: Mr. Schmitt first, if you don't mind.
MR. SCHMITT: Yeah. I just wanted to add to some stipulations because Mr. Schiffer brought up
an issue that, up until now, hadn't really been noticed. And I believe there is a problem in regards to
permit. Permit was, it's a commercial building. The permit was issued under the application as an
owner builder, and an owner builder cannot apply for a permit for a commercial building. So, there is a
problem in the permit. Now I know that has nothing to do with the variance. The permit has gone
through the entire review process. The plans have all been reviewed. But, I am going to have to have
the applicant reapply for a permit with the licensed general contractor. It cannot be an owner builder.
And I've looked through all the affidavits, all the applications. This was an expressed permit. It was --
description of work clearly says interior build out, add restrooms. And this involved exterior work.
Why that was not caught. I can't explain that. It's gone through the review process. It's gone through the
entire review process noting interior work, though the exterior plans reviewed and approved, so there
will have to be a re-application with a licensed general contractor, or a licensed contractor to comply
with the Florida Building Code.
CHAIRMAN STRAIN: Thank you, Mr. Schmitt. Any questions of staff? Mr. Schiffer?
COMMISSIONER SCHIFFER: Hedi, how many seats is that restaurant able to have?
MS. WILLIAMS: The original site development plan in 1990 does show 150 seats. So that was
approved at that time.
COMMISSIONER SCHIFFER: So that's a moot point. How come an SDP revision or amendment
wasn't required to build an exterior thing like this? From my experience, you change a doorknob, I got
an SDP amendment.
MS. WILLIAMS: I'm not sure why it was not required at the time, but that is a stipulation of the
recommendation of approval that it be brought up to date.
MR. SCHMITT: Ask Mr. Schiffer, I can only assume it came in under the application of interior
build out so it was never sent from the building department over to the planning department for review.
And I note that it even had been reviewed by the planning staff. You go through the entire application,
and I believe --
COMMISSIONER SCHIFFER: Joe, you don't have to do that.
MR. SCHMITT: It was missed. I mean, this came in as an interior build out, and it definitely
included exterior work. It should have required a site plan and that's part of the stipulation.
COMMISSIONER SCHIFFER: And here's the point I'm making. Reviewing the application data,
reviewing the application itself, it doesn't state that there's any addition. This set of documents gave the
impression, the impression to fool many areas of the building department, that it was only an owner
builder. A little interior build out. So I think the fact that we find ourselves here is really due to the way
the documents were prepared and sent to the city. Okay. That's enough.
CHAIRMAN STRAIN: Anybody else have any questions of staff?
COMMISSIONER KOLFLA T: I have one.
CHAIRMAN STRAIN: Mr. Kolflat.
COMMISSIONER KOLFLA T: Joe, you mentioned earlier about the option that person has to go
ahead and build recognizing his responsibilty. I personally feel this is an undue implicit influence on the
planning commission to make a judgment on the merits of the case by itself. Because we come here now
recognizing that this applicant has obtained more unnecessary hardship than he would have otherwise
obtained if it had been stopped the build out at the time the detection was noted.
MR. SCHMITT: I understand your position. The applicant through public petition, petitioned the
Board of County Commissioners asking for permission to continue, it was clearly on the record that if
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they were allowed to continue, it was at their own risk. Yes, you may feel compelled based on the fact
that where they are in the process, but many months ago, it was clearly stated on the record that there
was no guarantee that this variance would be approved and the Board of County Commissioners,
understanding the situation at that time, allow the applicant to proceed at their own risk as they
proceeded through the variance process.
COMMISSIONER KOLFLA T: What, if any, is the course that anybody on this commission could
take to reinvestigate or reanalyze that position as far as the allowance to continue construction?
MR. SCHMITT: I hear your question, but I'm not really sure what kind of answer you're looking
for. You mean, policy in general?
COMMISSIONER KOLFLAT: This is something that would come up in the review of the LDC
that would be brought up as a suggestion to change the LDC, or could it be just brought up in the
meeting under new business of this meeting?
MR. SCHMITT: It is not an LDC issue. It was strictly the petitioner petitioning the Board of
County Commissioners being asked to allow to go forward and proceed at their own risk. Staff basically
advised that the applicant still had to proceed through the variance process, they clearly understood. Mr.
Pires may want to highlight on that, but they clearly understood that they were proceeding at their own
risk. Like a builder today does a spot survey. If they go up the tie beam, they know clearly they're
proceeding at their own risk. Because it clearly states at spot survey, once you place the slab, the
applicant is required within ten days of receiving an approval of a spot survey. If they wait 30 or 40 days
and put block down and go all the way up the tie beam, they do it at their own risk. There's no
compelling reason that this panel should feel obligated to sway its vote because an applicant now has
basically built out and has the interior completed.
COMMISSIONER KOLFLA T: You do recognize there is an implicit influence there?
MS. SCHMITT: I do. I do, but at the time that this was asked, and again today, as Ms. Williams
mentioned, the staff -- I guess if you want to define as maybe egregious or as complicated as this may be,
it does not exceed what already exists as far as the encroachment. And this will clean up a lot of the past
history we've had with this building. So, there is a give and take. I understand. There is a give and take
here.
CHAIRMAN STRAIN: Mr. Murray.
MR. MURRAY: Two things. One, Joe, the impact of a new permit being required, how does that
impact, if at all on this meeting today with respect to variance? In any way?
MR. SCHMITT: Only as a requirement, I would add a stipulation that they -- I need to talk to my
building director on this because, just as Mr. Schiffer pointed out, I mean, this is not a legal permit.
They would have to reapply with a licensed general contractor. It will not impact the variance. Unless
you want to delay the variance and have this come back with the proper application, but it's -- it's
exclusive, so to speak. The variance is the variance. The permit process is the Florida Building Code.
And I just need to get the permit to be legal.
MR. MURRA Y: I appreciate that.
MR. SCHMITT: We'll probably not have to go through any re-review, but I need to talk to my
building director in regards to how to make this right. But that, as Mr. Pires said, that is another issue
through either the Board of Adjustment and Appeals, or some other
process as Mr. Schiffer certainly is well aware of, ifthere are any problems or issues regarding the
building permit.
MR. MURRAY: Another question is, if the building were destroyed to the 50 percent plus one, or
whatever, reconstruction would be -- if it were attempted, would have to go to the proper setback line.
What would that do with respect to all of the other
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factors? Here by the granting of a variance, does that mean that that new footprint is what would be
accepted, or would they -- would have to go back to the original line, and then would that impact on the
parking and the residence?
MR. SCHMITT: Normally--
MR. MURRAY: Or is that a brand new?
MR. SCHMITT: That's part of the build out, basically the rebuilding process and normally if 50
percent or more of the building is destroyed, it would have to be rebuilt in accordance with the current
standards, yes.
MR. MURRAY: So they should know that and the stipulation is not required should this get that
far?
MR SCHMITT: It's already part of the - part of our code of laws.
MR. MURRAY: Thank you.
CHAIRMAN STRAIN: Heidi?
MS. WILLIAMS: Yes.
CHAIRMAN STRAIN: Could you turn to page seven of your staff report, item F? Requested
variance would extend in existing condition across the edge of the property. Is that the right
terminology? What edge of property is it extending across?
MS. WILLIAMS: Well the rest of the sentence refers to the residential neighbor. So I would - I
believe I wrote that referring to this southern property line.
CHAIRMAN STRAIN: But it's -- is it going across the southern property line?
MS. WILLIAMS: Not across the property line, but along that property line. Along the same side of
the building as the earlier encroachment that was approved.
CHAIRMAN STRAIN: Okay. When I read that, I knew you didn't mean it's -- the building is being
built over the property line, but it seemed to read that way. It also said that -- because this building has
two fronts, that this is considered a side yard in this back area. If it was a rear yard, what setback would
be required?
MS. WILLIAMS: It actually has the same requirement of a 25-foot setback, whether it's called a
rear or a side, just technically to be completely accurate, it is a side -- considered a side yard. But the
required setback happens to be the same in this case.
CHAIRMAN STRAIN: Okay. Thank you, Heidi. No other questions of staff.
Ray, do we have any public speakers?
MR. BELLOWS: We have three registered speakers. The first speaker is Robert Pritt followed by
Robert Varing.
MR. PRITT: Mr. Chairman, may I approach?
CHAIRMAN STRAIN: Yes, sir. Mr. Pritt, you supplied us with eight colored photographs and two
pages of a letter that, I think some of us may have already received. It is your intention for these to be
submitted into evidence?
MR. PRITT: Yes, sir, I wish to have this submitted into evidence. The letter I think already did
come to you in the supplement. I already prepared the supplement. There are no changes to my letter.
The photographs are photographs that I took, I think, it was the day before yesterday depicting the
situation on the property. And I would ask that that would be --
MR. MURRAY: I would so move.
CHAIRMAN STRAIN: Mr. Murray, you're moving to admit this into evidence?
COMMISSIONER MURRAY: Yes, I am, sir.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Motion made by Mr. Murray, seconded by Mr. Adelstein. All those in
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March 16, 2006
favor, signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Anybodyopposed? Motion carries. It's submitted into evidence. Thank
you.
MR. PRITT: Thank you. Mr. Chairman, members of the commission, my name is Robert Pritt with
the law firm of Roetzel & Andress. I'm here on behalf of SUMA Holdings owned by Sue Mayelic who
is here in the audience. She has filled out a speakers card. I have it here. But declined to -- is declining
to speak unless you wish to ask her questions and I will talk in her behalf. Also, Hialea Holdings owned
by Jean Rhoades who is also here and has filled out a card, and likewise, I'll speak in their behalf. But
they'll be available to answer any questions in case you have them.
SUMA is unit 116 immediately to the west in the building, immediately to the west of the subject
parcel. And that 118-- unit 118 is immediately to the west of unit 116, so that is their interest in the
application that is here before you today.
A lot of what I have intended to say has already been said. And I'm not sure what we just put up
here. I had something else up here. May I have my document back, please?
This is the document that we received in our public records request with the staff. And
unfortunately, it's not very easy to read. Let me point this out as to what it says. Again, you may have it.
I'm not sure. But in this area here this says existing kitchen here, existing dining room, and it has
bathrooms, existing bathrooms, restrooms right here. Thank you, Ray. And this says existing dining
area here. And this portion down here it says 150 people. So that's where we got the information
concerning what the intentions are of the property owner. And what it appeared to us to be, and does
appear still to me to be, is a situation where in fact the -- where, in fact, the restaurant area is being
expanded in order by taking out the restrooms and putting them in the back. And that does have the
effect of making for more area for the restaurant. And our position on that is that if you're going to do
that, then we need to recognize the practical effect, and the practical effect is that it has an effect on the
needed parking. And the parking right now -- I counted the spaces. It's 41 spaces. There are currently
41 spaces there. And under your current code at 150, your current code would provide for 67 spaces. I
do have a copy of the Collier County Land Development Code 4.05.04 restaurant, sit down. One per 60
square foot for public use areas including outdoor eating areas, or one per two seats, whichever is
greater. And then for non-public use areas kitchen storage, freezer, et cetera, one per 200 square feet.
Now I understand that the analysis has been done that a certain number of spaces was vested. But it
seems to me that when you're adding onto the interior of the restaurant, for whatever purposes that
happened to be up to the owner, by moving the restrooms out of the building and into a building in the
back, that that is going to have an effect on the parking. So we know it's already under -- it's already
over utilized in parking. There's not nearly enough parking for the restaurant that is currently there. The
restaurant keeps expanding, and it keeps expanding to the south and to the west. You'll notice that it's
not expanding to the east or to the north, and there are reasons for that I'm sure, having to do with
perhaps loss of entrance, and loss of view from both ofthe roads, especially Bonita Beach Road. But it
does have a deleterious affect on the overall parking situation.
The units 116 and 118 that are next door, and if we could go -- Ray, I would now like to go back to
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the one that you have here. We can pull that up. My point was that what's happening is as -- as the
building is expanding, it's expanding to the back at the expense of the neighbors and it's continuing the
expansion along the property line to the expense or det1'iment of the neighbors to the west. The
commercial neighbors to the west. All of which allows this area here to be -- to continue to be utilized
without any change. And there are other ways that you can expand a building. You don't have to go
back into the neighborhood in the back. You don't have to go to the neighbors to the west. There are two
other directions. And obviously, they don't want to go those directions for their own purposes, but,
frankly, that's not -- I think that that's something at least relevant for you to consider that there might be
other options that they would have available.
Now, why are we concerned about this? Well, a couple of reasons. One, the front door -- the main
entrance has been moved down -- moved back to the west. And you'll see in the first photograph that I
have here, you'll see there's a door there and I believe there's an arrow there and a sign that says please
use other door. So it's referring people to the west to enter into the restaurant. And that is, human nature
being what it is, the people are going to tend to want to park closer to that door, and therefore it's
actually pulling the parking down to the parcel to the west. So that's primarily what the concern is on
behalf of my clients. And other than the normal concerns concerning the overuse of a parcel it's -- as one
planning commissioner I used to know out in Sanibel, she always used to say, that's just too much on too
little. And I think that's what we're getting to with regard to Enzo's. I'd be glad to answer any questions
that you may have.
CHAIRMAN STRAIN: Any questions ofthe commission?
COMMISSIONER MURRAY: I would.
CHAIRMAN STRAIN: Mr. Murray, go right ahead.
COMMISSIONER MURRA Y: I'm looking at the photo here and the roof overhang on the building
for the client that you represent, and also behind there it almost appears as though there's a structure,
although it's difficult to see clearly. I recognize we're not talking about your client's property, but at the
same time I'm wondering and making comparison, unless it's an illusion based on shadow, it certainly
seems that the roof structure extends further than the original building line. Is there -- was that subject to
a variance?
MR. PRITT: May I put up another photograph?
MR. MURRAY: Please do.
MR. PRITT: I'm not sure that helps. Both of those buildings do have shadows on them, and it's
kind of hard to tell, but I think that as far as I know, the building that my clients are in, complies with
setback requirements and there's nothing back there. Ifthere is, then somebody can correct me on it, but
I don't think so. I did not personally go back and eyeball it, but I don't think so. I don't think there are
any encroachments.
MR. MURRAY: Okay. Thank you very much.
CHAIRMAN STRAIN: Mr. Pritt, I'm looking at some of your photographs from the front ofthe
building side by side, both your clients' building which seems to have been either for sale or for rent and
then Enzo's building.
MR. PRITT: Yes.
CHAIRMAN STRAIN: How is this addition detrimental to the appearance of those buildings? The
photographs I'm looking at, you can't even see it.
MR. PRITT: Well, as far as the looks of the building are concerned, I don't know that its detrimental
as far as visual is concerned, but our concerns have to do with the building -- the Enzo's building being
expanded at the expense of parking. And but I'm glad you brought that up. I would like to make a point
on that. I think it's in my -- at least alluded to in my letter. By the Enzo's building being right up to the
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March 16, 2006
property line within one-tenth of an inch ofthe setback, it narrows -- it continues the narrowing of the
line in the back. I don't know what effect that may have in the future, but that building is right on the
property line. It may be that it would be beneficial for the property next door, my client's property. And
they're only some of the owners in this building. But, it may be beneficial for that property to be
expanded, to be fixed, to be upgraded. Maybe expanded, maybe not. But, it certainly makes it more
difficult the further along that line you go to do anything that may cause two buildings to come together
or to maintain anything further along the back. And frankly, I think it was pretty unnecessary to put that
where it was, but that's the main concern. The other thing, one of the things we thought about, and I just
raised it today. I don't know if it would work or not, but it could be -- there could be a parking
agreement between the parties so on and so forth, but none of that has ever been suggested.
CHAIRMAN STRAIN: Mr. Pritt, you're getting a ways off from where my question was from.
MR. PRITT: Sure.
CHAIRMAN STRAIN: But since you did bring up the parking arrangement, there was a discussion
earlier by Mr. Pires that in the hallway there was some mention of that. Do you see that as a potential
solution to your applicant's concerns?
MR. PRITT: Well, I raised the issue, and you want to go ahead and proceed. So, we're not in the
hallway anymore. We're here testifying in front of you. I do think that that is a -- is something that's
worth talking about because we're moving the parking with the front door and everything, we're moving
the parking down closer to this building. And then I think we're exacerbating the situation.
CHAIRMAN STRAIN: Okay. I need to finish up some of my questions.
COMMISSIONER ADELSTEIN: Sure.
CHAIRMAN STRAIN: First of all from staff. The building door, is there any way pursuant to the
code, could they ever come in with any kind of application that would allow them to build closer than
the required setback under today's code for the building that's there?
MR. BELLOWS: For the record, Ray Bellows. The building to the west, you're asking if they
wanted to expand?
CHAIRMAN STRAIN: If they wanted a zero setback, could they get it?
MR. BELLOWS: No. Unless they applied for a variance and received the variance.
CHAIRMAN STRAIN: So I don't think there's a concern there then because they can't expand to
the east from what it sounds like.
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: As far as the capacity of Enzo's, can they in any way legally have more
than 150 seats in that restaurant?
MR. BELLOWS: No. The land development code would not permit it based on the parking
requirement.
CHAIRMAN STRAIN: Okay. If they came in with an application for more than 150 seats and
didn't provide any more parking, would they be able to be successful in that application?
MR. BELLOWS: I don' believe so, no.
CHAIRMAN STRAIN: So there's really not a parking issue.
MR. BELLOWS: Well, that's true. The board would have to approve--
CHAIRMAN STRAIN: So the parking issue that seems to be of a concern cannot happen, unless
someone were to operate illegally, which means that could happen anywhere in the county at any
business in the county any time they want it to happen?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: I'm trying to get to the bottom of where the real concerns are. As far as the
joint parking arrangement from staffs viewpoints, is there any advantages to having a joint parking
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March 16, 2006
arrangement with the facility next door?
MR. BELLOWS: Yes. The code does allow for those type of situations where the hours of
operation are different. The restaurant typically has a larger need for parking at night, while retail uses
are typically closed at that time. So there is that arrangement that can occur.
CHAIRMAN STRAIN: And ifthat arrangement did occur, the retail establishment could benefit
from the additional parking they would gain by the joint relationship, more or less. So if the other party
was refused a joint relation, the expansion of the retail business might not be as capable or as great.
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: I don't have any other questions. Does anybody else?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Mr. Adelstein. I'd like an explanation for one of your sentences. It says the
applicant did proceed -- didn't proceed at its own risk, and when that is done, there's a lawful basis upon
which the claim of any right of entitlement.
MR. PRITT: I'm sorry. Where was that?
COMMISSIONER ADELSTEIN: Third paragraph, last sentence. Second to last sentence.
MR. PRITT: The applicant did proceed at its own risk, and when that is done, there's no lawful base
upon which to claim any right or entitlement. Yes. The law is very clear on that. There's a case, I know
all of the attorneys in the room are very familiar with. Pinecrest versus Shidell. You probably heard it
also. But essentially, what that says is that you're proceeding at your own risk all the way up through--
in that case it was a Court of Appeals process. And if you do something that -- if you go ahead and build
and you are granted permission to build, even though it was at your own risk, if that permission is not
granted, then you must tear it down. You must take it out. I stood before this planning commission
about two or three years ago on a very similar matter and went to the county commission sitting as the
board, and essentially that's what I was told in that case also. So I think that's -- there's no question that's
the law, and I don't think anybody would dispute that. So you build at your own risk. Any other
questions?
CHAIRMAN STRAIN: Thank you, Sir. We'll take a 15-minute break right now.
(Whereupon, a brief recess was taken.)
CHAIRMAN STRAIN: Thank you, Ray. If you'll all come back to your chairs, we'll get going
again. We left off with the public speakers. We're on our second speaker.
MR. BELLOWS: Robert Varing followed by Robert Elliott.
MR. V ARING: Good morning. My name is Robert Varing and I live at 76 First Street. I also have
a home at 72. They're both together. I guess my only concern is that if a variance is issued for this
particular property, that additional variances that are applied for would be granted based on well this
person got one, why can't we. Living on First Street in Bonita Shores, and I'm sure most of you are
aware that we're only a mile from the beach, that is Bonita Beach, that this time of year the traffic on
Bonita Beach is horrendous. And a lot of people try to avoid the light on the corner of Vanderbilt Drive
and Bonita Beach by coming down First Street and going through the Shores creating a lot of traffic
problem. If you continue to -- it would be my opinion, that if you continue to grant variances for
businesses on Bonita Beach Road that with the existing construction of the Bonita Village and the
Bonita Walk and many of the new construction sites hat are taking place, that we're going to be -- you're
talking about encroaching, or encroaching on the residency of Bonita Shores. That's my only concern.
That's my complaint, I guess that would be registered. And I appreciate the opportunity to talk to you
people. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
MR. BELLOWS: Robert Elliott.
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March 16, 2006
MR. ELLIOTT: My name is Robert Elliott. I live at 86 First Street. This variance request, in my
opinion, will have no direct impact on me or my property. I am concerned about precedence it will set
for future commercial expansion on Bonita Beach Road that borders a working class residential
community. If this request was made to properties that border an upscale gated community, I don't think
it would pass. And I think this should be treated the same way. Thank you.
CHAIRMAN STRAIN: Thank you, sir. Ray, are there any other speakers?
MR. BELLOWS: No other speakers. We normally allow the applicant to rebut for a very short
rebuttal. Mr. Pires, did you have anything else you wanted to add to your presentation?
MR. PIRES: Just briefly, if! can? Thank you very kindly. The response to some of the comments
made by Mr. Pritt, if there's a desire on the parts of his clients to enter into a shared parking agreement,
my clients are willing to do that. It appears that's the concern he expressed. Also just for note, his
clients own two of the condominium units in the commercial condominium. Other owners of the
condominium units in that commercial condominium unit to the west have indicated no objection to this
particular project. Additionally, I think there was a question asked as to how far back is the line of
construction for the building where his client has their units. This has been shown before and introduced
as part of it. And this is again looking -- this is the addition to the back of Enzo's. And this is the back
portion ofthe building to the immediate west. So it does extend further south, I believe, than the line of
construction of our client.
With regards to the point that needs to be clarified that the existing, or the prior bathrooms are gone
and they are server stations. That no additional seating has been provided. In fact, 13 tables have been
removed. That this was for bathroom facilities, plain and simple. And the issue as to the parking spaces
has been resolved by the fact that there is an SDP. We ask that you grant the -- make recommendation
of approval for the granting of the variance with the stipulation as outlined by the staff and Mr. Schmitt
today.
CHAIRMAN STRAIN: Mr. Murray?
MR. MURRAY: Mr. Pires, it may be moot, but Mr. Pritt also brought up the question of the door
and use of the other door. Is there -- you know what I'm referring to?
MR. PIRES: Yeah. And I'm not a traffic or parking expert. I don't know how people -- I'm not a
retailer or marketing, so I think that's pure speculation or supposition.
MR. MURRAY: Okay. My question would be really on the idea that, would it take much to change
that process and go back to the other door that is currently suggested to go elsewhere?
MR. PIRES: Once again. I don't -- to my mind, that doesn't have anything to do with this particular
application because it's an entry. Where do you put the door, the middle or the right.
MR. MURRA Y: I appreciate that.
MR. PIRES: And ifhis concern is parking and ifhe wants to enter into a shared parking agreement,
we're willing to do that.
COMMISSIONER MURRAY: I think that answers the question.
MR. PIRES: And that appears to be the only reason why they're really here, and we're willing to do
that. Absolutely. That's being good neighbors.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. The building is showing there -- it actually isn't a building.
Isn't it a cooler? I see the four panels. I see the refrigerant lines. I see the compressor.
MR. PIRES: It appears to be attached to the building. That's all I'm saying. There's some
construction.
COMMISSIONER SCHIFFER: Like your client has a cooler attached.
MR. PIRES: It's a structure. Our client is further north than that.
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March 16,2006
COMMISSIONER SCHIFFER: Okay.
MR. PIRES: I think the comment made by Mr. Pritt was that none of his client's building extends
further south.
CHAIRMAN STRAIN: Any other questions of the applicant? Hearing none, thank you, Mr. Pires.
Heidi, can I ask you one question?
MS. WILLIAMS: Yes.
CHAIRMAN STRAIN: Are coolers such as shown in this diagram required to have variances as
well for their intrusions in the setback, if there are any?
MS. WILLIAMS: The structure would have to meet the setback requirement. I don't have
knowledge about this particular cooler, whether it was constructed. I would naturally assume that it was
constructed possibly prior to the setback requirement.
CHAIRMAN STRAIN: Okay.
MS. WILLIAMS: But the zoning map does not show a variance for that property.
CHAIRMAN STRAIN: Oh, it doesn't? So would that cooler -- would that cooler require a
variance, do you think, by looking at this picture?
MS. WILLIAMS: If it were constructed prior to the setback requirement. If it were constructed in a
way that it was legal at the time, it would not. Unless it were to be replaced and upgraded, then it would
need to meet today's standards.
CHAIRMAN STRAIN: Okay. Thank you, Heidi. Hearing no other questions, we'll close the public
hearing and entertain a motion.
COMMISSIONER KOLFLAT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER KOLFLAT: I'd like to share with my fellow Commissioners my analysis of this
petition. In order not to ramble, I've written this out. The building addition increases the building floor
area of 15 percent. If the property owners to the west were allowed the same encroachment requested in
this petition, their retail floor space could be enlarged by 38 percent. Granting this variance will confer
on the petitioner a special privilege denied these other buildings to the west. Another factor to consider
is whether a literal interpretation of LDC imposes an undue hardship on the applicant. A January 23rd,
2006 memorandum to the BCC from Jeffrey Klatskow through David Weigle presents some general
principles on variance law and the term unnecessary hardship. From that document, and I quote, for
purposes of supporting a zoning variance, a legal hardship will be found to exist only in those cases
where the property is virtually unusable or incapable of dealing a reasonable return when used pursuant
to the applicable zoning regulations. In seeking a variance on the ground of unique or unnecessary
hardship, the property owner cannot assert the benefit of the self-created hardship. Stated differently,
when the owner by his or her own conduct creates the exact hardship that the owner alleges to exist, he
or she should not be permitted to take advantage of it. Applicable case law is also cited in this
memorandum. Since the property has been usable and capable of dealing a usable return for 16 years,
and the alleged hardship was created by the owner, a literal interpretation of LDC does not work in
undue hardship on the applicant. In conclusion, granting this variance will confer a special privilege on
the petitioner denied others in the same zoning district, a literal interpretation of LDC does not impose
an unnecessary hardship on the applicant. The petition does not meet these two requirements in the
LDC, and I believe should be denied.
CHAIRMAN STRAIN: Okay. Thank you, Mr. Kolflat.
Heidi, I've got one more question. Do you have any knowledge of anybody else in that
neighborhood requesting a variance such as this?
MS. WILLIAMS: Not to my knowledge, no.
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March 16, 2006
CHAIRMAN STRAIN: Okay. Thank you.
COMMISSIONER SCHIFFER: Mark, I have one more question.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Heidi, in just thinking back into the way the codes were written
and the way they worked, you know, we're assuming in the old code that this was a side setback. And,
Ray, you may -- in my knowledge of the old code, you would choose one front setback. This would be a
side street and the old code didn't necessarily have to be, you know, you had to meet the street setbacks,
but I think this could be a rear setback. The building is placed 25 feet. So I don't think this ever was a
situation where there was, you know, the setbacks were less than 25 feet in this yard. Do you see where
I'm saying? Obviously the new code has a different way of doing it. The new code treats both streets as
front streets. The old code didn't. The old code you would take the smallest street or something else.
So this could be -- and the fact that the building was built at 25 feet, people didn't take -- you know, they
take advantage of what they can get. I think that the interpretation, or could it be the interpretation that
this was a lesser setback in the old code, may not be right.
MS. WILLIAMS: Well, Mr. Pires has just handed me a copy of ordinance 90-13 revision 89 that
does define a rear yard. And it has in parenthesis that in the case of through lots and corner lots, there
will be no rear yards, but only front and side yards. And I think that the difference -- I mean, the current
code, the difference in the setbacks between the western side and the southern side for this particular
corner lot, there is an increase setback because it's adjacent to residential versus adjacent to commercial.
So even though they're both side yards, they have different setbacks. And I'm not sure -- the previous
code did not have this distinction between commercial use and residential use. Or if it did, it had a zero
next to commercial and it had the 15 next to residential. Actually, I'm not hundred percent certain on
that, but there was a distinction it was just different at the time.
COMMISSIONER SCHIFFER: So you think when this building was built, it could have been built
on the property line alongside that residence?
MS. WILLIAMS: No, I don't believe it could have at that time. That's why it's not on the property
line.
COMMISSIONER SCHIFFER: What would the setback be at that time?
MS. WILLIAMS: I know that I did look at that and I'm not -- I don't have that in front of me.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Mr. Murray?
MR. MURRAY: Yeah. Heidi, I have a question that just was provoked here. We saw a picture
earlier that showed a fence, a space that was an easement apparently for FP&L and then another fence.
The setback was from the fence directly owned by, I assume, owned by the property owner of the
residential?
MS. WILLIAMS: Setbacks are measured from the property line.
MR. MURRAY: From the property line. Presumably that fence would be there or near that property
line, correct?
MS. WILLIAMS: I believe some of the surveys did assume that the fence was on the property line.
I think future surveys have shown that the fence is not exact.
MR. MURRAY: And I appreciate that. I just want to be clear in my mind that the setback we're
talking about goes past the first fence that the commercial property and past the easement area and up to.
MS. WILLIAMS: Yes. The setbacks to the property line, and may include the easement. In this
case it does.
CHAIRMAN STRAIN: Okay. We're still looking for a motion.
COMMISSIONER SCHIFFER: I'll make a motion.
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March 16, 2006
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I move that we forward petition V A-2005-AR-8857 to the County
Commission with a recommendation of denial.
COMMISSIONER KOLFLA T: I second the motion.
CHAIRMAN STRAIN: Motion has been made by Commissioner Schiffer, seconded by
Commissioner Kolflat. Discussion?
COMMISSIONER SCHIFFER: The issue is that really the documents that went to the building
department gave them no idea that they were building an exterior building. There's no site plans. There's
no fire separation distance. There's no way anybody reviewing these plans would know where this
building was, therefore, I don't think the building department properly reviewed it. It shouldn't have
been given an owner builder permit. The owner shouldn't have been able to do this. And the problem
really was that the document they submitted, and I'll be polite, confused the building department.
CHAIRMAN STRAIN: Any other discussion? My part of it, I will not support the motion. I see no
detriment to the public welfare or harm to the public in this matter. The people most contiguous to this
in the south are not here to object. In fact, they've been asked their opinion. They've not voiced an
objection. In fact, we verbally heard that they didn't have an objection. The fact that they had an
existing easement or variance that allowed them to go the same distance out from the building, just the
fact that they simply continued this a little bit further west on that commercial property offers no
problem that I can see to anybody in that area. Therefore, I would not support this motion. Any other
discussion?
COMMISSIONER CARON: Yeah.
CHAIRMAN STRAIN: Commissioner Caron.
COMMISSIONER CARON: I think that there are a couple of things that we need to thing about
here. I don't think there's any problem with the neighbors to the back. I quite frankly didn't understand
the entire discussion by Mr. Pritt on his side -- I think it was a non-issue. However, the greater issue
here is our land development code. And the fact that these people have already had two other variances,
they should have known that if they want to do anything else back there, it was going to require a
variance, and, thus, should have come in for something before the fact not after-the-fact. And let us
discuss it all then before they got to the point where they're going to have to tear something down that
they don't want to have to tear down. Or, you know, redo bathrooms to make them ADA compliance. I
really think we need to adhere to our land development code. We, in the past, I believe have handed out
variances, after the fact variances, especially without consideration whether or not there were land
related conditions. And I will support the motion.
CHAIRMAN STRAIN: Is there any further discussion?
COMMISSIONER SCHIFFER: I'd like to say one thing. It is not in the county's best interest for
health and welfare that a building permit could be applied for an interior building to add restrooms and
then build exterior structures.
CHAIRMAN STRAIN: I don't think anybody insinuated that or said that, Brad. But hearing that,
we will call for the motion. All those in favor of the motion as stated, signify by saying aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Those opposed?
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March 16, 2006
CHAIRMAN STRAIN: Opposed. Motion carries, six to one.
Item #8D
PETITION: CU-2005-AR-8081 - CONTINUED TO 4/6/06
Petition D -- or item D on the agenda. Petition CU-2005-AR-8081 was continued to 4/6/06.
Item #9 A
OLD BUSINESS: CONTINUATION OF COMPREHENSIVE PLANNING DEPARTMENT EAR-
BASED GROWTH MANAGEMENT PLAN AMENDMENTS
CHAIRMAN STRAIN: That takes us to old business. Old business will be resumption of the
EAR amendment process that is continued from our meeting last week. At that particular time we were
discussing solid waste. And we were going into public speakers at the time.
Mr. Krasowski was about to speak when we ran out of time due to the fact this room had to be
occupied by another group. So, as soon as we all get ourselves together here and staff changes their
seats.
I wish to remind the commission that when you wish to speak, please be recognized and speak into
the mike and slowly enough so the court reporter can accurately reflect what you say.
Just for the tone of this meeting, the discussion will be between the applicant -- not the applicant in
this case, but the county staff and/or the public to this commission. And the commission then will
decide what questions they want to listen or respond to to the various parties. The conversation is not
supposed to be between the public and the staff at this meeting. It's supposed to be to us. We'll try to
retain and maintain that decorum.
With that said, David, if you're ready, we can resume where we left off last week. And I believe Mr.
Kra -- Bob, I'm going to say your name wrong a thousand times. You might as well get up here and say
it correctly.
MR. KRASOWSKI: It's Bob Krasowski.
CHAIRMAN STRAIN: Krasowski.
MR. KRASOWSKI: It's one of those rare names that sounds exactly the way they're spelled. Break
it down in three syllables and it just goes right along.
CHAIRMAN STRAIN: Well, Bob, I know you sent out an email with some information on it, and I
appreciate the heads up on your information. I received it last night. And I know you asked for extra
time. I'd like you to limit yourself to ten minutes. I think that's fair and consistent with the others. So if
you could proceed from there, we will certainly listen to what you have to say, and if we have any
questions from what you have to say, we'll ask those of staff.
MR. KRASOWSKI: Okay. That's fine. Thank you. I think you're generous with your time
allotment. For the record, my name is Bob Krasowski. And I'm here as a private citizen. Although, I've
been involved with solid waste issues in Collier County for many, many years. In the '80s when there
was an effort to bring a trash incinerator here, and mid eighties and in 2000 another effort, and now
there's another effort being geared up to. It's a continuation of the last one.
The basis of my orientation to this issue is that I understand what burn technologies are they pollute,
they would reduce our air quality standards and then also they waste resources that can be used in other
ways. So I object to that. And so for years now we've been encouraging alternatives. So here you have
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in front of you the supplement to the growth management plan. And I wanted to speak to those issues.
And my suggestion in the letter to you was that this entire sub-element is very poorly organized and that
it should be organized in a way that prioritizes the different steps that we would go through as a
community to address an over abundance of waste materials being discarded. And those steps would be
first to reduce waste then to reuse, then recycle, then compost, which would be a part of treatment. So it
would then be treatment and then a disposal objective. The way these documents are organized, you
have your headline statement, and introduction, and then you have your objectives and policies. So I
think those items I mentioned should be objectives. And then the policies that would implement, or
serve those objectives should be listed under that.
I've worked up a plan and will share it with you at a later date, but I didn't want to send it out prior to
this presentation because for now, I've wanted to deal primarily with the document that solid waste
department had generated. I and the sewer waste Collier County group had been working for many years
with the Solid Waste Department. Most recently under when Jim Mudd, now county manager, was
public utility director, and we have developed many programs including the non-residential resource
recycling program which was adopted by the Board, as opposed to the one that was submitted by the
county waste department. They went with our strategy. And we've been working with the school board
to divert recycables from the waste stream there. But, it's never acknowledged. And we're not looking
for fame here or even for fortune. This is a volunteer effort. But we'd like these people to be honest
about what's happened in the past and what's going on.
Recently I talked to some people in the solid waste and they've been now considering implementing
what's called in California resource recovery park, which is a set aside portion of land that is provided
for people who absorb recyclables and encourages businesses to do that before the stuff gets to the
landfill. This concept was brought here by Dr. Paul Connet, and who we had brought here in the early
nineties. And the new leadership in the solid waste department has been misinformed that this concept
was a creation of one of their previous directors. So there's a whole inappropriate transfer of information
regarding this whole thing. And not to digress too far, but at the state level now and last year and now
there are the incineration industry has gotten enough impetus, or enough inertia going on their programs
where any county that's looking to expand or add a new landfill, which we tried to do in the nineties on
the new landfill, if you researched that. It was a whole big deal in the mid nineties. Any county now
looking to do that is encouraged to consider incineration technologies, bum technologies. And then once
an incinerator is in place, you're not allowed to take, by law, take recycled materials out ofthat waste
stream. That's committed to go to that incinerator for 30, 50 years, however that incinerator -- however
long it last. So if we had that here in Collier County, according to law, any dedicated materials to that
incinerator could not be changed, taken out to be recycled. And also, if the incinerator were to run into
financial viability problems, then that community would be exempt from the requirements, the legal
requirements to recycle, and the incinerator could take from that waste stream whatever it needed to
maintain its operation.
So, in essence what's been done is incineration is being put in front of reduce, reuse, recycle
programs. And here in Collier County, these programs are just like a first blush very poor effort, very
poor effort, in implementation. They're there in name only because, in my estimation, because the plan is
to bring an incinerator in place of the landfill or somewhere else. The suggestions I've made, as far as
policy, would be implemented understanding we don't want the air pollution and the waste of resources
that an incinerator brings. As we as a community, would be committed to reducing, reusing, recycling
and composting.
I have a lot of information over the years that is just too much to share with you at this time to
re-enforce my position on each one of these objectives. But in other places, and interestingly enough--
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well, in other places like California, Oregon or Washington, those states, there's been a lot of work over
the years to develop these concepts and practices. In the mid nineties when Commissioner Py and
Commissioner Carter were on this board, the solid waste consultant to the County, Malcolm Perney,
offered five options for the handling of our waste. Four of them were incinerator type of proposals, and
then one was Bright Star, the operation from Australia you might be familiar with. And then another one
was putting it on a train and shipping it out to Georgia or a truck or something like that. And then so we
got involved in that. We brought up what was called scenario six, and it develops and implements a
strategy that we're using.
The public utilities director at that time, Mr. Mudd, was directed by the board to put out a request
for proposals for a zero waste analysis of Collier County's material discards. And he never did it. He
was directed by the board as a matter of record on the videotape and the minutes, and his explanation
after about six or seven months when we checked back on it was that, by looking at each individual
component of compo sting and recycling and these things, he was able to put together what he perceived
would have been the zero waste program. We had a workshop design here at one time prior to that when
we brought in experts.
This is what we suggest the county should do is adopt a plan as I've suggested in my mailing to you.
Use those values and hierarchies. I could work to develop another plan, which would have to be
certified and stamped and developed as our work, not the county's work, and we would share that with
you and get on a discard management program and not a temporary holding pattern that fills up our
landfill. While we're not doing what we're doing, just because in the future, these people are thinking
they're going to have an incinerator in there. Weare committed to 100,000 tons a year to the landfill.
We have to prove that to stay at the level of cost per ton. We drop behind -- below that, our cost per ton
goes up. But we're putting in almost 300,000 tons a year now -- or more than 300,000 tons a year now.
We could divert that material to recycle, reduce to that 100,000 and then the per capita would drop and
the landfill would last a lot longer as the landfill maintenance strategy. And then I think it would be an
interesting question to ask the solid waste department what is the actual per capita disposal rate of the
residential people into the landfill when you take out the business garbage bag. They average everything
out. Everything going into the landfill is not just from residences. It would be nice to have a waste
stream analysis that would tell us that kind of stuff so we could attack the problem.
Also, another concept that wasn't in the material I sent to you was that I believe we should place a
five or ten dollar per ton fee on the tipping fee at the landfill to get these recycling and alternative
programs going. If it's a ton per person per year, it would work out to be five dollars a person across the
board. But if we analyze who is really putting the weight and tonnage into the landfill. And then
another aspect is they've eliminated the multifamily recycling collection in the document they've
provided you that was crossed out as you remember.
CHAIRMAN STRAIN: I think last time we asked that that be put back in.
MR. KRASOWSKI: I would certainly support that. It's the most difficult area to work in as far as
recycling. It should be done. And we should work with the schools on a recycling program. What
they're doing there, the institutional part of that, not just kind of laying back and waiting for the new
initiative for the incineration thing to go through. I've also asked on a number of locations, and what I
sent you for increased transparency. Before the solid waste department and the public utilities unit
secretly design and develop and prioritize what they want for a program for solid waste, it should just be
discussed in workshops including the public so that we can have input to this. The program that we have
developed, and it's going on today, is isolated to the desires of a certain point of view. And also the
information that input that's given by their Malcolm Perney, light consultants, who are pro incinerator
promoters and expanded landfill promoters. But, I've seen at the solid waste authority meeting in Tampa
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the incineration technology meetings they have there, the representative from Malcolm Pemey here
representing and promoting the Bright Star facility, which is a form of incineration, it's two different
chambers, program that we opposed from the very beginning that it was suggested in the early nineties
that the county spent -- must be more than a million dollars on this consultant to develop along those
lines that their program came to conclusion that the Bright Star facility was the one they ultimately had
come to consider. And then the thing went belly up. Its parent company dropped and took a 40 million
dollar loss two days before the county commission voted positively to pay Malcolm Perney to continue
$70,000 for that component to continue with the negotiations with Bright Star. This is after a $20 call to
Australia.
CHAIRMAN STRAIN: Bob, I think you're getting, first of all, we're here to discuss -- I appreciate
you comments on this issue. And you've certainly used up your ten minutes.
MR. KRASOWSKI: Yes. And I appreciate that.
CHAIRMAN STRAIN: We're going to --I've got -- Commissioner Caron is going to have a
question here in a minute. You did distribute some questions. I'll ask some of those that I understand of
staff and the rest of the commission may want to do the same thing. I have to ask that we end your
presentation right now except for response to questions.
MR. KRASOWSKI: Very good. I thank you very much. As I've said, there's tons of material and I
hate to drift on it. But it's all relevant to what you people will help decide as far as directing what
happens in the future. Thank you.
CHAIRMAN STRAIN: Hold on a second. She's got some questions.
COMMISSIONER CARON: I actually didn't have a question, but I did want to assure you that in
the policy that's been presented to us on disposal and recycle and recovery, it says the county shall
promote public awareness of and participation in solid waste disposal issues by requiring all issues to be
addressed in advertised public hearings.
MR. KRASOWSKI: Okay. Yes. I read that and would go a step further as to these advertised
public hearings. They have a hearing and the whole representation is favorable to incineration or what
they hide as integrated waste management plan. What I'm saying is a workshop format where they sit
down and citizens have adequate amount oftime to address the various issues. Really open it up. Thank
you.
CHAIRMAN STRAIN: Thank you, Bob.
MR. KRASOWSKI: Thank you, sir. Phil, or whoever can represent us, or can represent the county
in solid waste.
MR. RODRIGUEZ: For the record, I'm Dan Rodriguez. Solid Waste Management Director.
CHAIRMAN STRAIN: Thank you for being here today. There are some follow-up questions that
we may have as a result of the input provided by Mr. Krasowski.
First of all, before I have any questions, does anyone on this panel have any questions?
(No response.)
CHAIRMAN STRAIN: Okay. So we'll just move into policy 1.4. Have you seen the email that
was sent to us?
MR. RODRIGUEZ: I did see it late last night. I didn't have an opportunity to break down each
question.
CHAIRMAN STRAIN: I received it late last night as well. There were some elements here that I
do understand. There were a lot that I do not. And at this time and stage of this process, it would be
hard for me to suggest, or even to the panel or to the board, a recommendation over staffs at this point
because historically, right now, staff is the one that presented this document. But I do want to ask you
some reasonable cleanup items. Policy 1.4 that Ms. Caron just touched on, does reference public
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meetings, but there is a difference between a public meeting and a public workshop. Meetings are more
informational. Workshops are more participatory. Does your department have any reason why you
wouldn't want to include public workshops as well?
MR. RODRIGUEZ: Basically the public hearings and workshops, all of our direction is gained
from direction for the Board of County Commissioners. So any direction that we receive would be in
front of the public, in front of the board in open forum.
CHAIRMAN STRAIN: Would you have any concerns besides the advertised public meetings, we
just add the words and public workshops?
MR. RODRIGUEZ: If that's the recommendation of the Board of County Commissioners,
absolutely.
CHAIRMAN STRAIN: There's no objection to the panel?
Okay. And David, are you taking notes on these changes, or who is doing that?
MR. WEEKS: Kris.
CHAIRMAN STRAIN: Oh, Kris. Okay. Good. As long as somebody is. That would be under 1.4.
Under policy 2.4, one of the questions raised was to delete item four. By doing -- what does item
four mean in the eyes of your department?
MR. RODRIGUEZ: That's just basically looking at any technology that's in the industry and giving
the Board of County Commissioners the opportunity to review it, and review the facts and the feasibility
of implementing it in Collier County.
CHAIRMAN STRAIN: Conservation technologies then go beyond just incineration?
MR. RODRIGUEZ: Absolutely.
CHAIRMAN STRAIN: So it could be any technology whether it's environmentally sensitive or not.
MR. RODRIGUEZ: Right. We wouldn't want to limit the opportunities for the board to make a
decision.
CHAIRMAN STRAIN: I fully agree with you. 2.5A, the tons of solid waste per capita per year. We
had it at five complete fiscal years. Is five -- how did you choose the five years as the standard?
MR. RODRIGUEZ: Actually, that was the -- I believe the original AUIR guidelines was five years
and I believe this year we just moved that to three. That's correct, Commissioner.
CHAIRMAN STRAIN: So we need to make a correction. In 2.5A from five to three.
MR. RODRIGUEZ: That's correct. And the reason for that is because of the success of the waste
diversion and recycling in Collier County within the last three years.
CHAIRMAN STRAIN: Under policy 3.1 we did reinstate the mUltiresidential recycling program. I
think that's back in the positive language from our last meeting, which was one of the recommendations.
There's some other comments I just, at this time I can't follow them. Policy 3.3, county shall
promote public awareness of, and participation in, solid waste disposition issues by requiring all issues
to be addressed in advertised public hearings. And would you mind adding the words and public
workshops?
MR. RODRIGUEZ: Okay.
CHAIRMAN STRAIN: Anybody object to that? Mr. Midney?
COMMISSIONER MIDNEY: No, no objection. I have a question.
CHAIRMAN STRAIN: Go right ahead, sir.
COMMISSIONER MIDNEY: Oh, okay. Comment and a suggestion. I have an experience with
the mulch because over at the Immokalee Airport there was a lot of Wilma mulch that was piled up and
eventually chipped. I put in a request for myself for mulch for my own garden and I was told that, well,
they might if they had time. But most of it was going to the incinerator in Lee County. And in the end I
didn't get any. And I think that shows that there is the existence of an incinerator, does prioritize mulch
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goes because they have demands and priorities for it. I think that an incinerator will affect the air quality
in Collier County. As the years go on and we do have more and more motor vehicle traffic and
industrialization. And so I would I like to see some prioritization, as Bob suggested, reduce, reuse,
recycle, compost and then disposal. Would you have any objection to anything like that being in there?
MR. RODRIGUEZ: As long as we do not eliminate any opportunity for the county manager, Board
of County Commissioners to bring in a technology that would better serve the community.
COMMISSIONER MIDNEY: Well, I'm not talking about eliminating anything, I'm talking about
prioritizing.
MR. RODRIGUEZ: That would be a board decision.
CHAIRMAN STRAIN: Well, as far as prioritization, did you have any specific language suggested
changes, Paul, that we could direct staff, or -- I'm trying to figure out how to implement what you're
trying to say.
COMMISSIONER MIDNEY: And I don't have any language, but I would like to see something
that indicates prioritization rather than just the way it is now.
CHAIRMAN STRAIN: On March 30th we're going to have what's basically going to be a final and
hopefully a cleanup meeting on outstanding issues. Would you mind taking a look at this issue and
commenting back to us as to the viability of it, or reasons why it's not viable?
MR. RODRIGUEZ: In reference to the composing?
CHAIRMAN STRAIN: Well, actually I think it's referencing to the overall layout. I think Mr.
Krasowski started it out when he indicated that reordering goals and objectives. I'm not saying he's right,
but I don't know if he's wrong, and I'd certainly like any good idea that comes forward, we ought to
consider it. If you can take a look at that suggestion in his email. And it does occur in the third sentence
in his email. And I think this almost mimics what Commissioner Midney was saying. it talks about
reorganizing the objectives under different order. Now, I don't know there's a downside or upside to
that. But I think if it's something better for us to do, we ought to at least take a look at it. And since
we're coming back on the 30th anyway, would you mind taking a look at that and coming back to us
letting us know your thoughts on that?
MR. RODRIGUEZ: Absolutely.
CHAIRMAN STRAIN: Okay. Will that take care of it for you, Paul?
COMMISSIONER MIDNEY: Yes.
CHAIRMAN STRAIN: Any other questions from the panel on the solid waste issue?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Did you get all of2.4 cleared. We were supposed to get the
language. I just have a note that says -- clarified language.
CHAIRMAN STRAIN: From our last meeting, you mean?
COMMISSIONER CARON: Uh-huh.
CHAIRMAN STRAIN: Yeah. The items that we did at the last meeting in regards to this won't be
responded to until the 30th.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: The 30th is our cleanup meeting.
COMMISSIONER CARON: That's fine.
CHAIRMAN STRAIN: And all the issues that we previously discussed are supposed to be followed
up and staff is going to finish up their comments and provide a clean draft for us to vote on by that point.
So, if that's okay.
Mr. Schiffer.
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March 16, 2006
COMMISSIONER SCHIFFER: I don't know if I mentioned this last time. Could you bring in a
revised index? Because the current index is showing stuff that long ago has been reorganized.
MR. RODRIGUEZ: Okay. Absolutely.
CHAIRMAN STRAIN: Okay. That's all the questions for solid waste. I thank you for coming back
m. I know you had to wait another week to come back but thank you for your time.
MR. RODRIGUEZ: Thank you for the opportunity to speak to you. And thank you for your
support of the recycling program and solid waste.
CHAIRMAN STRAIN: Well, I like the job the recycling is doing. I pull my two out and that little
one with the yellow top is heavier and fuller than the one that was garbage. And that's absolute reverse
of what it was a year ago.
MR. RODRIGUEZ: It sure is. And recycling on the whole is averaging 55 percent increase over
last year. And February which is the shortest month in the last quarter here, is actually going to be our
biggest month of recycling. So it just continues to grow and grow.
CHAIRMAN STRAIN: Who knows, it might lead to a tax reduction.
MR. RODRIGUEZ: There you go. Thank you again.
COMMISSIONER MIDNEY: Mark, I would just like to add that you are going in a positive
direction in Naples, but in Immokalee you're not making any progress at all. I'd like to see -- it was
mentioned that it was a contractor problem that the contractor didn't have the capacity to improve the
recycling. I'd like to see that addressed.
MR. RODRIGUEZ: I'll look into that. Absolutely.
CHAIRMAN STRAIN: Just remember to bring it up on the 30th, Paul.
COMMISSIONER MIDNEY: I'm very sorry. On the 30th I'm getting a grant that I wrote. I have to
be absent from that meeting.
CHAIRMAN STRAIN: I'll tell you what, I'll make a note of it and so will probably a bunch of the
rest of us. Thank you.
Kris.
MR. VAN LENGEN: Mr. Chairman, Thank you. Kris Van Lengen, comprehensive planning. I
just want to make one further clarification. Something we just discussed today, which is the promotion
of public awareness through advertised public meetings and public workshops. There are three different
policies in the sub-element that refer to that issue. So, I assume that your direction is to fix all three of
those.
CHAIRMAN STRAIN: I think our intention was to be consistent amongst all three unless --
MR. VAN LENGEN: Okay. And the last one 3.3, it talks about promoting public awareness
participation in disposal issues. I believe that should read recycle and recovery issues. It's meant to
reflect the objective under which it falls. I think that was it.
CHAIRMAN STRAIN: I think that's a good point.
MR. V AN LENGEN: Unintentional error. One last comment I would like to make. At the EAC
meeting several weeks ago, Environmental Advisory Committee meeting, a recommendation was made
that was not carried forward. And it was as follows: Add A provision to create a program to study,
recommend and implement regulatory restrictions on the packaging of retail goods sold in Collier
County. We did not carry that forward as we felt it was beyond the scope ofthe EAR report. Also the
implications of that type of policy are so far reaching that it would be the type of policy consideration it
would be best aired in a series of public meetings. So, that I guess our recommendation is that that be
considered in a future GMP cycle.
CHAIRMAN STRAIN: I think that's an issue because of the cost. You may certainly want to weigh
that before the board before anything else.
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March 16, itfoJ .
Ms. Student?
MS. STUDENT-STIRLING: I would agree that that may well be beyond the scope of what's
required for this element. And it may also be beyond the scope of the authority vested in the Board of
County Commissioners.
CHAIRMAN STRAIN: Just have to go a different path. Okay. With that I had asked for the
convenience of a member of the public who was here today that we move the Golden Gate master plan
element up on our list, as there's only -- that's the only issue for the public that seems to be here today to
finish up on. So I think it will be -- hopefully not too lengthy discussion, but --
Mr. Krasowski.
MR. KRASOWSKI: Krasowski.
CHAIRMAN STRAIN: Well, anyway.
MR. KRASOWSKI: Mr. Strain, I also registered to speak on the housing element. I believe that's
still to come today?
CHAIRMAN STRAIN: Yes. I didn't -- I'm trying to -- I'm sorry. I thought you were here just for
the one element.
MR. KRASOWSKI: I just wanted to make sure you understood.
CHAIRMAN STRAIN: We will get to that. Thank you.
So why don't we move our way through to the Golden Gate master plan element, and then after the
board -- the panel is done, we can ask for public comment.
MS. MOSCA: Good morning, Mr. Chairman, Commissioners. For the record, Michelle Mosca,
with the comprehensive planning staff. The changes proposed by the EAR report for the Golden Gate
area master plan generally include reformatting the master plan for ease of use and clarity, as well as
addressing change in conditions, eliminating all of the density bonus provisions, except for the
affordable housing bonus and the conversion of commercial zoning bonus.
Additionally, although not specifically identified in the EAR report, staff has proposed a provision
for affordable housing. And this additional density will be allowed by right in the urban designated area
up to four dwelling units per acre. And guest houses will be allowed to be rented in the estates
destination. And this is similar to the language that was proposed in the flu, which you all know you
embraced.
CHAIRMAN STRAIN: And which I believe we recommended be removed.
MS. MOSCA: Yes. And finally, staffhas some additional word smithing missing that we've done,
but we'll propose that for the 30th meeting. And with that, if we'd like to move forward with the
questions and go step by step.
CHAIRMAN STRAIN: We used to -- we've been taking these page by page. Something you just
said, I wanted to make clear to staff, the 30th is not a reinvention of the wheel by staff for things that
weren't brought up. Weare supposed to be reviewing everything in draft form now so the 30th is just a
cleanup and it goes fairly efficiently. Any new stuff that isn't discussed by us, I mean, it's going to be
like starting over again, so --
MS. MOSCO: Well, I know that David Weeks had sent an email out last night with the definition
change for work force, affordable work force housing. I don't know if you've all had a chance to read
that, but that's been added.
CHAIRMAN STRAIN: Well, the emaillast night said it would be handed out in hard copy today.
I, last night, had enough to do to finish up my review of stuff. Anything beyond last night isn't going to
get addressed by me at least today. Although, I would like to ask staff if you're going to produce so
much data for us on the 30th that it runs beyond the time frame we've allocated, I don't mind. But there
seems to be other people in this county administration that get upset when we take too long to review
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things. I want to make it perfectly clear, it isn't our problem. We're trying to review it, but if we get too
late and it's got to start all over again, that isn't something we should be penalized for.
MS. MOSCA: I understand. That's not what I'm proposing for the 30th. It would be just a matter
of general wordsmithing because a sentence, for example, does not make sense. It doesn't read well. So
not anything substantive.
MR. COHEN: Mr. Chairman, for the record, Randy Cohen, comprehensive planning director. The
intent of our department is to follow your direction with respect to making the corrections as directed
previously. I don't anticipate any new language coming forth from our department other than the
language that you previously directed with respect to housing. That's what you should be seeing on the
30th.
CHAIRMAN STRAIN: Thank you, sir. Okay. We'll start, as we did in the past on page one. Are
there any questions from the panel on the first page? If not, we can move to page two.
On page two, Michelle -- I mean, under policy 114, I think the four is intended to be crossed out. I'm
not sure. I think it's supposed to be 115.
MS MOSCA: Yes, that's correct. Four should be crossed out.
CHAIRMAN STRAIN: The conditional use request within Golden Gate Estates shall adhere to the
guidelines outlined in the conditional uses subdistrict. Do you mean within southern Golden Gate
Estates? I mean, it's under the southern Golden Gate Estates Natural Resource Protection overlay.
MS. MOSCA: Actually, no.
CHAIRMAN STRAIN: There isn't any conditional uses in the southern Golden Gate Estates.
MS. MOSCA: Not, that's not intended to be under the southern Golden Gate Estates.
CHAIRMAN STRAIN: So that whole policy is in the wrong place, possibly?
MR. WEEKS: Let me jump in. David Weeks, comprehensive planning manager. Policy 1.1.4 only
addresses overlays and special features. And the only one of those is the southern Golden Gate Estates
natural resource protection overlay. Policy 1.1.5 is a new policy. It has nothing to do with those
overlays and special features. It's a separate independent policy from 1.1.4. As is policy 1.1.3 is only
pertaining to different -- well, they're pertaining to different areas.
CHAIRMAN STRAIN: The way it was reading following the southern Golden Gate Estates natural
resource protection overlay, it seemed like it was a conditional use allowance for the southern Golden
Gate Estates and I didn't know there were any.
MS. MOSCA: I think because of the languages not included for the rural sediment area, et cetera,
so it just looks like it's out of context.
CHAIRMAN STRAIN: Okay. That's fine. Any other questions on page two? Questions on page
three? Questions on page four? Page five and then page six? Have already as a board -- go ahead. Go
ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: The commercial zoning bonus, could you explain that a little bit? I
mean, is the intent there that if you have commercial zoning and you tend to keep some of it, you can
add residential for every acre you remove?
MS. MOSCA: That's correct.
COMMISSIONER SCHIFFER: So you still have to keep the commercial?
MS. MOSCA: No, you do not. It's the conversion of commercial zoning. And that falls under the
same -- the flu also has that provision. So if you're converting commercial zoning, or even a portion of
commercial zoning, for every one acre, you may receive up to 16 additional units.
COMMISSIONER SCHIFFER: But the way it's worded and the way you crossed it out, I'm not
sure. If the project includes commercial zoning -- therefore, I'm doing a project, by that it has to include
commercial zoning. A bonus of up to 16 residential units may be added for every one acre of zoning that
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is converted. I mean, we're trying to do mixed use and stuff like that. Is wise to -- first of all, the way
it's worded, doesn't it sound like it has to have commercial zoning?
MS. MOSCA: It does read that way. That's existing language and maybe we need to rework that.
COMMISSIONER SCHIFFER: If you don't cross out, either you know, what you crossed off
conversion of -- in other words, I think the way it was before gave the intent that you weren't.
MR. WEEKS: Mr. Chariman, I think staff can take a crack at this. I agree with Mr. Schiffer. Ifwe
pretty much reinvert the paragraph and start off with the conversion of the zoning from residential to
commercial then explain what that commercial would have to be to qualify.
CHAIRMAN STRAIN: Can you suggest some language when you come back on the 30th?
MR. WEEKS: Yes, sir.
COMMISSIONER SCHIFFER: Now that I've done that, the intent that this says now without you
changing it is, that you have to have a mixed use project to use these units. I think that would make
sense. Is there a lot of little pockets of commercial zoning, or is this not an opportunity to have mixed
use zoning?
MS. MOSCA: Well I know David had mentioned in the past with the flu. I think this provision has
probably been used twice. David, I might have to defer to you. But I believe there was a project
proposed on Davis where they were going to retain a certain portion of commercial and then convert
some to residential units. Is that --
MR. WEEKS: Let me jump in again. This provision is, as Michelle mentioned, is also in the future
land use element under density rating system there. The purpose for this provision is an incentive for
property owners to rezone property from commercial to residential. And the incentive is to rezone from
commercial that is not consistent with the future land use map. It's property that is generally speaking,
it's going to be striped commercial, or it's isolated in its location. It's commercial that is not consistent
with how the county has said we want commercial to be located. So it's an incentive to get rid of that
commercial and replace it with residential development. As Michelle said, that is correct. It's only been
used twice, that I'm aware of, since the plan was adopted, but nonetheless I think it's appropriate to keep
a provision there. There's a separate provision in the future land use element called commercial mixed
use subdistrict. What that does is allow for commercially zoned properties to have mixed use. To have
residential development. So there is an opportunity to have a mixed use development and does not
require to rezone that property. It's two different issues. Promoting mixed use versus promoting
rezoning of isolated or strip commercial that the county would like to see go away.
COMMISSIONER SCHIFFER: And the owner could decide which way to go.
MR. WEEKS: That's correct.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Any other questions on page six? Well I have one. We discussed in the flu
the fact about adding four units by right for affordable housing. Didn't require rezone or public hearings.
We're back with the same language in item B in the density rating system, if I am not mistaken. And I
think we have struck it in the flu. I don't know why we want to leave Golden Gate City. Their problems
there about constrained roadways are worse than the rest of the county. So, the Board is in agreement. I
recommend that language be struck here as well.
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Anyopposition? Hearing none, on page seven, the same language occurs
under affordable housing bonus by right. It's the same language we just went through in the flu, and I
would recommend it be struck here as well. Anybodyobjecting? Okay.
Any questions on page eight? Page nine? Page ten? Page II? All strike out -- page 12 is all
striked out. Page 13 is all striked out. Page 14 is all striked out. Page 15 is the problem child. I'll start
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off with discussion there.
Michelle, I don't know how this happened, but I certainly think that allowing the rentals in Golden
Gate Estates of guest houses will cause a huge burden to the people out there that are already
overburdened with traffic and congestion and septic systems and wells and about every other element
that you can possibly think of that's maxed out right now. This language by allowing these rentals of
guest houses would radically increase the number of guest houses in Golden Gate Estates. And I think
this is horrible language to allow in this document. So my recommendation would be to strike it. I don't
know what the rest of the panel wants to say about it, if anything.
COMMISSIONER CARON: I think we did that last time.
CHAIRMAN STRAIN: Well, we did but we didn't do it unde the GGMP so I wanted to make sure
that the panel doesn't have any objection to striking it here as well.
COMMISSIONER SCHIFFER: Since I was a lone wolf on that last vote, wouldn't -- your concern
was in Golden Gate, so could we make a deal here where we strike it here and allow it back in the other
areas?
CHAIRMAN STRAIN: Brad, I can tell you. I live there and I know how bad it would be where I
live. I don't think it would be good for anybody in this county to be having doubled their density
potentially the way this could be written. It's just wrong.
COMMISSIONER SCHIFFER: But I think, a guest house is a good way to add density to an area.
First of all, they're small. They're monitored by the owner of the property. They're a class -- I mean, I
grew up in neighborhoods in New England where we had nice little garage apartments and stuff like that.
And that's really where the teachers -- that's where the people starting out really did live.
CHAIRMAN STRAIN: Well, Brad, Golden Gate Estates is the largest subdivision, I believe, in the
world. It's not small.
COMMISSIONER SCHIFFER: I'm fine with it here, because that was your big concern. I'm
saying, now that we take it out here -- because I was surprised to see it here because your comment back
then was you didn't want it here. And I understand the geometry of Golden Gate, and I understand the
way the lots are, and I think you might be right. But I think the rest of the county maybe should have
that opportunity.
CHAIRMAN STRAIN: Next week we're going to rehear the language that we talked about. That
would be a better opportunity to rebring up your argument.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Ms. Student?
MS. STUDENT-STIRLING: I just want to state for the record that there should be some
distinction. I think you going in that direction, why you would not allow in the Estates, but in other parts
of the county to avoid any equal protection of the law.
CHAIRMAN STRAIN: I mean, if we get to that point, I'm sure we can make that--
MS. STUDENT-STIRLING: I just wanted you-all to be thinking about it.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: I'm just a little confused. The principal dwelling may also be
leased or rented as well? They can't rent it now?
MS. MOSCA: Yes they can. I think it was jut for clarity.
MR. WEEKS: In the -- excuse me. In the instance where you have a guest house, no, you cannot
rent the principal dwelling. If you simply have a principal dwelling on your property, certainly you can
rent it out.
COMMISSIONER ADELSTEIN: So you should also take out the last statement also for the whole?
MR. WEEKS: The whole thing?
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COMMISSIONER ADELSTEIN: Well, you didn't go that far.
MR. WEEKS: My understanding then it's the paragraph.
CHAIRMAN STRAIN: We all in agreement on that then?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Is there any -- I can't believe there's a public speaker on this particular issue
in Golden Gate Estates.
MR. WEEKS: Ms. Pat Humphreys.
MS. HUMPHREYS: My name is Pat Humphreys. And I am on the Board of Directors for the
Golden Gate Estates Civic Association. Weare against legalization of renting guest houses in the
Estates. This will put a further burden on the Estates residence that are already experiencing serious
problems because of early build out of homesteaded property, and overbumed road systems, school
systems and essential services. This plan appears to allow a form of track housing that is designed for
low density on large lots. It would create an absent landlord situation that was never meant to be part of
the Estates' way of life. We respectfully request that you do not grant this amendment, that would
threaten to change a unique area in Collier County that is trying to maintain its characteristics as a low
density and environmentally friendly family-oriented community. Thank you.
CHAIRMAN STRAIN: That you.
MR COHEN: Mr. Chairman, for the record, could you clarify if you're talking about that last
paragraph in that particular section just so we make sure that's the language that you want spoken?
MS. HUMPHREY: Who's talking?
CHAIRMAN STRAIN: This gentleman right here is Mr. Cohen. He's talking about the paragraph
that talks about the Golden Gate Estate rentals is on page 15, and it's item -- the second paragraph of
item two, Estates destination. I believe that's the issue you were addressing as the rentals of the Golden
Gate Estates houses.
MS. HUMPHREY: The guest houses?
CHAIRMAN STRAIN: Yes, ma'am, right.
MR. COHEN: And you want that provision stricken, correct?
MS. HUMPHREY: Yes, sir.
MR. COHEN: All right. Thank you.
CHAIRMAN STRAIN: Thank you very much, Ms. Humphreys.
MS. HUMPHREYS: You're welcome.
CHAIRMAN STRAIN: Okay. We'll move on to page 16.
COMMISSIONER SCHIFFER: Mark, just -- the guest house is still allowed, it just can't be rented.
CHAIRMAN STRAIN: That's correct.
COMMISSIONER SCHIFFER: So it's not the whole paragraph. It's part of the paragraph?
CHAIRMAN STRAIN: Well, the part pertaining to the rental application.
Again, Randy, maybe you can clarify. That whole paragraph is underlined as new. We already have
provisions in the land development code that guest houses are allowed to be built. So why would we
need that paragraph at all? I know where Brad's question saying, you know, it's just one word or so in
there, but I'm wondering, why be redundant if the code already allows for guest houses and has the
criteria for guest houses. Why is that entire paragraph being restated here in the CIR?
MR. COHEN: I think it would be appropriate for the land development code to be consistent with
the comprehensive plan, and this would insure that consistency existed in that rationale that would
actually be there.
CHAIRMAN STRAIN: But the land development code is supposed to implement the EAR or the
GMP which is supposed do be conceptual. You're not getting into the same minutia in the GMP as you
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are in the EAR.
MR. COHEN: Part of the reason for adding that, of course, ties in with the proposal to allow the
rental. But presently the Golden Gate master plan is completely silent to guest houses. It simply says
nothing about them as to whether they're allowed, not allowed. It's just silent. So staff was proposing
that as to clearly indicate to all readers of the master plan that, in fact, guest houses are permitted. I do
not think there would be any adverse impact if we deleted that entire paragraph.
CHAIRMAN STRAIN: It's already said in the development code, you have guest houses out there
already. So, obviously, people have figured that out. I can't see why the need is to repeat it here. It's
just, I think, it causes more confusion in consistency in case you change the LDC in the future. So I
would assume just see the whole thing struck if nobody has any objection to it.
MR. WEEKS: I would note as well, Mr. Chairman, that the proceeding, the very first paragraph
under this state's designation, we do make reference to guest houses.
CHAIRMAN STRAIN: Right.
MR. WEEKS: By that language remaining there, that certainly suggests that they are in fact
allowed.
CHAIRMAN STRAIN: Right.
MR. WEEKS: It would just simply further support the notion of deleting that paragraph.
CHAIRMAN STRAIN: Right. Okay. Thank you. Now we'll move onto page 16. Page 17, the
second bullet from the last one it says eastern 2.2, question mark. I'm sure the question mark needs to be
removed.
MS. MOSCA: It needs to be removed, yes.
CHAIRMAN STRAIN: Okay. It's not a huge issue but one you may want to look at. Okay. Page
18. The rest of the element is graphics. It should wrap up Golden Gate area master plan element for this
discussion. And with that -- thank you, Michelle. Phil, you're here for a reason. I'm trying to move
people who don't have to wait all day. I'm trying to help you so, what is your next issue.
MR. GRAMA TGES: Yeah. For the record, this is Phil Gramatges. I'm here to cover natural
ground water and aqua resource development.
CHAIRMAN STRAIN: Oh, that's good. Thank you for telling me. That's probably going to take
all day. That's a heavy one, but let's go into it -- I'm just kidding.
COMMISSIONER CARON: You just sent us into cardiac arrest.
MR. GRAMATGES: I'm ready, sir.
CHAIRMAN STRAIN: Let's try to get that over with before lunch, and that will help you out.
Okay. Page one of the natural ground water act for recharge sub-element. are there any questions?
MR. GRAMATGES: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. GRAMATGES: I do have an issue on that page. In fact, after reviewing this with the director,
Mr. Smith, who unfortunately could not be here today, there are a couple items that we would suggest
making changes on. And if you don't mind, I would like to do that as you review it.
CHAIRMAN STRAIN: I think that's a good idea.
MR. GRAMATGES: We do have one on page one under objective one, line one. The county shall
continue to review on a biannual basis. That's an error. It should be biennial basis, meaning every two
years. We suggest you change that language to read every two years instead of biannual. And then
further down that paragraph on the fourth line it again says biannual. I suggest to change that to
biennial.
CHAIRMAN STRAIN: Good catch. You guys should be doing a lot of the reports.
MR. GRAMATGES: It gets confusing after a while, sir.
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CHAIRMAN STRAIN: Anything else on that page, sir?
MR. GRAMATGES: No.
CHAIRMAN STRAIN: On policy 1.1 you said the county shall -- and it says periodically revise
and update it's three-dimensional computer models. Periodically could be anything in anybody's eyes.
You have a reference time frame?
MR. GRAMA TGES: Well, not really. The reason the word periodically is written in there is
because we don't have a set time period to do this. The way we work this pollution control -- and I say
we meaning public utilities engineering is whenever there is a change in a well field, or whenever we are
going to create a well field, we notify them. And at that time they run their analysis to determine whether
or not there's any changes. We anticipate that there will be long periods of time so there will be no
changes in any of our wells or well fields. And consequently, it would be -- it would not be very useful
for us to do this when there's no changes. So, the use of the word periodically.
CHAIRMAN STRAIN: If you do it based on criteria, there's a need.
MR. GRAMATGES: Yes.
CHAIRMAN STRAIN: Tie it to a need?
MR. GRAMA TGES: Yes, a need.
CHAIRMAN STRAIN: Maybe you could suggest, since we're going to have to have some language
changes on this small language to clean up anyway, is there a way you could take a look at that between
now and the 30th and suggest something that indicates a criteria that defines periodically?
MR. GRAMATGES: I'll be happy to do that.
CHAIRMAN STRAIN: Thank you. On page two. Any questions?
MR. MURRAY: Again, you have updated periodically in 1.2 at the end of the sentence.
CHAIRMAN STRAIN: And 1.3 on the first line and 1.4 on the first line, so --
MR. GRAMA TGES: Yeah, once again, the term periodically comes up and it's for the same reason.
CHAIRMAN STRAIN: I wish Ms. Student was here. I'd like to ask her how we take a element in
the GMP that references an ambiguous word like periodically and translate that into an implementation
document, which is the next level down. So, somehow that needs to be taken a look at. And if you can
come to grips with the language that meets the legal review as well, I appreciate that for the 30th. Does
that work for everybody?
MR. WEEKS: I was going to just make a comment certainly staff will work to make changes on the
language. But not every single policy or provision in the growth management plan has to be
implemented through the land development regulations or other subsequent regulations. For example,
the future land use element has various provisions that are implemented through a rezone action. There
is no need to amend or create land development regulations to implement some of those provisions. I
think it's the same case here. I don't know that we would create a provision that requires our code and
law ordinances or land development regulations to implement this policy. Whatever the language
ultimately is, it will be implemented through the act of, in this case, doing the study or doing the
monitoring.
CHAIRMAN STRAIN: Okay. I didn't know that. I thought everything had to be followed up from
a concept in this document to an implementation in some other document. Well, if there is a way to
clean up the word periodically, it might help.
Ms. Caron?
COMMISSIONER CARON: I'm back on page one. But, couldn't you say that the county shall
automatically revise an updated dimensional computer model based on as additional criteria became
available? Would that --
MR. GRAMATGES: If you look at page one, the very last two lines in parentheses, with rates,
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numbers and locations of wells within well fields, I had geologic information. That is the basis for us to
determine whether or not there is a significant change that will require a change in the wording. We
certainly wi11100k at this and, in fact, I believe I just received some suggested language changes. And
we'll bring this on the 30th and make every attempt to clarify to your satisfaction.
CHAIRMAN STRAIN: Thank you. We'll move to the rest of these pages, but at the last page, I'd
like to ask Ms. Student to confer with Randy during the meantime and see if she can get a grasp on the
word periodically and recommend something to us.
MS. STUDENT-STIRLING: Which?
CHAIRMAN STRAIN: We're on the ground water recharge element. And we're on policy 1.1, 1.2,
1.3 and 1.4. Ms. Caron?
COMMISSIONER CARON: I just have a question on page two. It's a word I don't know. What is
karst, K-A-R-S-T? Ijust don't know what it is.
MR. GRAMATGES: I'm sorry. Where are we at?
COMMISSIONER CARON: I'm looking for education here.
CHAIRMAN STRAIN: Policy 2.1. It's the bottom of page two.
MR. GRAMATGES: Oh. I would refer to Mr. Rob Ward who is from the pollution control
department because I am not too sure that I know what it means either.
MR. WARD: Rob Ward, Pollution Control. Karst refers to dissolution holes in limestone, i.e. sink
holes. And the fact that water can be carried through the subsurface at a much higher rate through these
dissolution holes than if it was actually traveling through a formation or the porosity of the aquifer is
actually an underground opening.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER CARON: Thank you.
COMMISSIONER ADELSTEIN: You learned a new word.
COMMISSIONER CARON: I learned new things today.
CHAIRMAN STRAIN: Ms. Student.
MS. STUDENT-STIRLING: Yes. I've noted where the term periodically appears. And I think it's
fine for us to come up with a reasonable, say every two years every three years, whatever, and insert that
in there instead of periodically.
CHAIRMAN STRAIN: In lieu of that, some criteria that they could--
MS. STUDENT-STIRLING: Or a triggering event.
CHAIRMAN STRAIN: Yes, triggering event. That would work.
MR. GRAMATGES: Yes, we'll look at that and suggest some wording changes.
CHAIRMAN STRAIN: Thank you. Mr. Schiffer?
COMMISSIONER SCHIFFER: In 1.5 you're going -- are you going to remove map one and two, or
just update map one and two?
MR. GRAMATGES: Are we still on page two?
COMMISSIONER SCHIFFER: Yes. It's policy 1.5.
MR. GRAMA TGES: Yes. And please, can you restate the question?
COMMISSIONER SCHIFFER: The maps that are in the GMP are from 1995 data. Obviously this
is saying you're going to update it through at least 2000, maybe even wait and get 2006. But are the
maps still going to be in the GMP? Are you going to update the maps? You've crossed it out, that's
why.
MR. GRAMA TGES: Uh-huh.
COMMISSIONER SCHIFFER: Can we stop the cross through right before map one? Are you
taking the maps out or are you just --
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March 16, 2006
MR. GRAMATGES: No. The maps are looked at and are brought up to date on a regular basis.
I'm not sure as to how regularly now. But they certainly are kept up to date whenever new information is
received.
COMMISSIONER SCHIFFER: But the intent is that you're going to revise the map with new
information, and it's still going to be included in the GMP though. It is now in the GMP based on the '95
data?
MR. WARD: I believe the maps that are referred to in policy 1.5 are actually the maps produced by
the South Florida Water Management District. Their intent is to publish a new map in 2006, which
should supersede and be revised and replace their maps that they previously produced in 1995.
COMMISSIONER SCHIFFER: But there are two maps in the GMP. I'm looking at them. So
you're going to reproduce those with the new data; is that correct?
MR. WARD: Yes.
COMMISSIONER SCHIFFER: So could we eliminate the strike through between 1995 and the
parentheses map one so that -- and the reason I think that's important is that shows what those maps are.
MR. GRAMATGES: We will look at that for relevance and certainly we'll bring any changes to the
meeting on the 30th. Or an explanation as to why we couldn't make it.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Okay. Can we move onto page three. Mr. Murray.
MR. MURRAY: On 2.4, I wrote myself a little statement here. Collier County shall evaluate the
necessity for adopting more stringent ground water. Reach our standards for high and recharge areas
within two years of the governing board. I wrote that with whatever thought I had at the time. I'm
reading it now and I don't see the same thing jumping out at me. Just give me a moment. Never mind.
CHAIRMAN STRAIN: Okay. I agree. Whatever you had was fine.
COMMISSIONER SCHIFFER: Mr. Murray, you know, we reserved these so long ago then we get
here and have trouble wondering what the tab was for anyway. So it does happen. We have to send
notes to ourselves in the future.
MR. MURRAY: I thank you for your pity.
CHAIRMAN STRAIN: Page four.
COMMISSIONER CARON: I have a question on page four. On policy 3.5. Why are we even
waiting? Why don't we have this planning group set up now?
MR. GRAMATGES: Well, if! may address that question. I mean, this kind of work requires
considerable amount of thought and it requires a selection of committee members that would be
knowledgeable and would enable us to reach the right conclusions. We felt that the time period was
appropriate.
COMMISSIONER CARON: Supposedly you've been thinking about this since 1997.
MR. GRAMATGES: Yes.
COMMISSIONER CARON: So--
MR. GRAMA TGES: It hasn't been done.
MR. MURRAY: They need some more time.
COMMISSIONER ADELSTEIN: Why not change it to '06?
MR. GRAMATGES: We feel we don't have enough time between now and October '06 to do all
that is necessary. Like I said before, this is something that would require a considerable amount of
thought and certainly a process of trying to identify proper members. And the reason why we chose
October 1st, we felt this would give us sufficient time to do that properly.
COMMISSIONER CARON: What's happened so far? How far along are you in that process?
MR. GRAMA TGES: I don't believe we are far along at all.
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COMMISSIONER CARON: So you haven't started it, yet it's so serious. I mean, it -- somebody
should have started talking about this in '98 -- '97 or shortly thereafter. It's now almost ten years later.
MR. GRAMATGES: I'm not trying to represent that we have not talked about it. It's simply that we
are not far enough along to be able to select a group and have started this project.
CHAIRMAN STRAIN: Basically you couldn't accomplish the goal by October of this year, is that
what you're saying?
MR. GRAMATGES: No, we could not. We don't feel there's enough time to accomplish that by
October of this year.
CHAIRMAN STRAIN: It may be by default we're looking at another date. Mr. Schiffer?
COMMISSIONER SCHIFFER: The scary thing is, is there any planning being done between the
county, City of Naples and the South Florida Water Management? I mean, the scary part of your answer
is that there's no planning amongst those three groups.
MR. GRAMATGES: Well, we do plan with the South Florida Water Management District. I can
tell you that because we do it within public Utilities Engineering. As to any coordination between the
City of Naples or other communities, I need to refer this back to Rob Ward.
MR. WARD: Mr. Chairman, just a brief comment. It's probably the same comment that Mr. Weeks
wanted to make as well. These amendments won't be effective by October 1,2006. So that's one of the
reasons why the October 1, 2007 date is in there. A date earlier than October 1, 2007 prior -- I mean,
after the adoption of the amendments and the effectiveness could be appropriate.
CHAIRMAN STRAIN: Okay. I mean, is staff willing to commit to a date they could do it sooner
than October 1, 20077
MR. GRAMATGES: We will certainly bring that to a discussion internally, and we will bring a
new date to you on the next meeting.
CHAIRMAN STRAIN: Okay. September 30th, maybe?
MR. GRAMATGES: We will certainly take that into consideration.
CHAIRMAN STRAIN: Okay. Thank you.
MR. GRAMATGES: May I, sir? We are proposing a change here on the policy 3.4. The last line
here states database used on the county's three-dimensional ground water model. Weare proposing to
strike out the word used in the county's three-dimensional ground water model. I believe it is redundant
and is confusing.
CHAIRMAN STRAIN: Do you know that same language though is used on page 10 of the CCME
policy 3.3.2?
MR. GRAMATGES: We will make sure they're consistent.
CHAIRMAN STRAIN: Because staff is in the process. David and I spoke about this in the break,
of responding to our concerns on that policy already so you may want to coordinate with him to get that
language corrected.
MR. GRAMATGES: Most certainly.
COMMISSIONER SCHIFFER: Question on that?
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Is the intent to not be providing three-dimensional data?
MR. GRAMA TGES: No, not at all. It's just we don't want to be limited to be used only in the
county for the three-dimensional ground water model.
COMMISSIONER SCHIFFER: Maybe the intent of that is so you don't waste time to
two-dimensional modeling and you stay with three-dimensional modeling. It's an old clause.
MR. GRAMATGES: We realize that. However, there is a number of different instruments that we
could use for modeling. And we don't want to rule out two-dimensional modeling either.
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COMMISSIONER SCHIFFER: Okay. I mean, I'd like to leave it the way it was.
CHAIRMAN STRAIN: Well, staffneeds to come back with an argument based on their suggested
changes. And if we don't agree with you, we'll have to request it be left as it was.
MR. GRAMA TGES: Okay. Sure.
CHAIRMAN STRAIN: Anything else on page four? Ifnot we'll move to page five.
COMMISSIONER SCHIFFER: I have a five.
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER SCHIFFER: On policy 5.5, the last words allowing small businesses to
participate and then you put, to some extent. This was not good wording, but secondly, why are we
limiting it at all?
MR. GRAMATGES: We will cross out the word to some extent.
CHAIRMAN STRAIN: That language was already acknowledged or recommended by this panel to
be crossed out on page four of the solid waste element policy 2.8. If you look at that policy, it's identical
to this policy. So if you need both of them, that's fine. But if you are going to keep them both, the
language ought to be consistent. And we did recommend those last words be struck, so -- Mr. Schiffer's
comments to be consistent with prior policy was.
Mr. Murray?
COMMISSIONER MURRAY: Just a question on 5.3. Reference to private property rights to
identify, continue to identify costs under the mechanisms of private property rights. What does that
really mean? What is that actually saying to us?
CHAIRMAN STRAIN: Mr. Murray? I mean -- I'm sorry. Ms. Student.
MR. GRAMA TGES: We'll volunteer to answer that question for you, Mr. Murray.
MR. WARD: There is a computer model that has been put together, that three-dimensional model
that we've been referring to by Dr. Michael Voorhees. And further development of this model to look at
the areas that are east of951 would incur some cost of more investigative drilling and/or development of
said model to more thoroughly identify the areas where there's high permeability in between the surficial
and Tamiami aquifer. And cost would be incurred by further developing that model.
CHAIRMAN STRAIN: Ms. Student.
MS. STUDENT-STIRLING: I think that the other aspect has to do with there's a recharge area on
private property and the property owner might not be able to use it for anything. It's to monitor and look
at that situation and see where we were. And so there wouldn't be a taking.
MR. MURRA Y: Yeah. What was going through my mind is what typically now seen in PUDs and
other documents where the county's waste water people and the folks here, they want to have a space for
the ASR and so I'm just wondering what that really references. So that's what you're saying.
MS. STUDENT-STIRLING: Yeah. I think in this case is, if you recall that, I guess the applicant is
approached with the situation and then they agree to allow it on their property. But a mechanism to
make sure that private property rights are protected.
COMMISSIONER MURRAY: Thank you.
MS. STUDENT-STIRLING: Without taking.
CHAIRMAN STRAIN: Are there any other questions on the last page of this element, which is
page five?
MR. GRAMATGES: If! may, Mr. Chairman. There are two changes we would like to suggest on
this page.
CHAIRMAN STRAIN: Yes, sir.
MR. GRAMATGES: Under objective five, the first line, the county shall implement existing plans.
The word existing should be struck out. It is really redundant and confusing.
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CHAIRMAN STRAIN: Certainly.
MR. GRAMA TGES: Furthermore under policy 5.4, the second line, petroleum storage tank
cleanup program. The storage tank cleanup program as such is an old program, and we would like to
replace the word cleanup with inspection. We feel that we have accomplished everything that the
original program intended to accomplish.
CHAIRMAN STRAIN: Would it hurt just in case there's an occasion where you might not have
accomplished everything, to use the word cleanup and inspection program?
MR. GRAMATGES: I have no objection to that. We're not trying to preclude cleaning up if we
need to, no.
CHAIRMAN STRAIN: Okay. I would prefer it that way, ifno one else has an objection?
MR. MURRAY: I agree with you.
CHAIRMAN STRAIN: There might be a lot of buried tanks up there we don't know about yet.
MR. GRAMA TGES: Yes. I have been advised that the county no longer manages the cleanup
program that has been transferred to the state. And therefore, we are only managing the inspection
program. Whenever we find something that needs cleanup, we refer it to the state and they act on it. So
consequently, if they were to add cleanup and inspection is probably not consistent here. Since we have
no way to just continue that program.
CHAIRMAN STRAIN: If you can't, you can't. I guess it has to remain inspection. Mr. Murray?
COMMISSIONER MURRAY: Was that surrendered to the state as a function, or the state acquired
it by its initiative?
MR. GRAMATGES: I need to ask Mr. Ward.
MR. WARD: The petroleum --
CHAIRMAN STRAIN: Please identify yourself for the record.
MR. WARD: Oh, I'm sorry. Robert Ward, pollution control. The petroleum cleanup program is a
program that is administered by the DEP and they give that out to some counties or districts. We had
received a three-year contract which came to its conclusion last May, I believe it was. Anyway, it was
last spring. And the state did not renew the Collier County contract for this because we brought it below
their number of cleanup -- active cleanup sites that they saw economically feasible to subcontract the
county to take care of that program. We do still hold the contract for the petroleum tank inspection
program. And we have referred all the files from the cleanup program on the remaining sites in the
county that are in the cleanup program to the DEP. And they are administering that program on their
own.
MR. MURRAY: That's known as Brownfield?
MR. WARD: No. Brownfield is more hazardous waste sites. This is petroleum.
MR. MURRAY: I thought it was petroleum as well, but okay, go ahead.
MR. WARD: Generally speaking, no. The petroleum cleanup program is completely revolving
around petroleum sites predominantly around cleanups where there are underground storage tanks.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: Are there any other questions of this element? Hearing none, we have
completed it. Phil, thank you very much for your time today. And Roy, thank you guys.
MR. GRAMATGES: Thank you.
CHAIRMAN STRAIN: I appreciate it. With that we will take Mr. Krasowski.
MR. KRASOWSKI: Mr. Chairman, I understand you're going to be going on to the housing
element. In would be allowed to just make a couple of brief comments, I won't have to stick around for
lunch and I can go to the school board meeting.
CHAIRMAN STRAIN: Anybody have a concern with that?
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MR. KRASOWSKI: Thank you. I appreciate it very much.
CHAIRMAN STRAIN: Brief comment like five minutes worth?
MR. KRASOWSKI: Oh, even less than that.
COMMISSIONER MURRAY: Oh, good.
MR. KRASOWSKI: What I would like to do is just introduce a couple of concepts here in regards
to housing. At the state level, the state has generated a Florida Energy Plan that the governor is behind.
There's many components in that that I like or don't like. But one of the things it does address is solar,
using solar energy. So, what I'm suggesting here is we have to integrate these innovative and newer --
they're not new, but refined and they're very useable now programs. And I'd like to mention a couple.
And what I'd like to see is certainly that these be required on all housing that receives consideration
subsidies or deferrals in Collier County, and actually all new buildings and houses should have some of
these things. And this is the one, the biggest most -- is that every new building built in Collier County
should have a waste heat recovery system that allows for its air conditioning unit to heat its hot water.
Now when we research this we'll find that that's available now and it is an energy saver. The more
energy we defer and save, the less need there is to build energy generating plants. And, of course, my
big complaint, the sold waste burning. The filthy thing that pollutes the air and ruins the environment
and causes disease and stuff for children and defenseless women.
The other thing would be passive solar heating, not to blind anybody. The passive solar heating as
opposed to what we get from the photovoltaic cells that generate electricity. It's still a pretty expensive
thing, and there's an economics of scale that applies to that. But putting solar heaters on hot water
heaters is very long-term energy efficient and economical, it's just an up front cost. But what I would
think is that the county should develop some type of ability to relate to these things. The government
just moves along like tomorrow is going to be like yesterday in a lot of regards. And things have got to
change. You know, we need energy, we go out and pollute to make more energy. Well, there's a lot of
new innovations we can put in place. Like passive solar heating, certainly the heat capture, the heat
exchange capture and then also the third thing, which is in this plan. And a lot of these things involve
programs that involve architects and designers and builders to work along these lines.
Another thing that is a big energy saver are the Energy Star appliances. On all these counts, the state
has economic applications that help defray the cost, the additional cost of these things. I think Collier
County, no appliances should be sold that aren't the most efficient of appliances. Now if the county
government can identify the cost of an appliance into the future, and then maybe be able to provide help
in purchasing that appliance up front, but add the cost, monthly electric bills, it still would be lower in
bills because of the energy saved, but it would defray the cost over the period of the purchase of the
rental of the utility. But I'd like to just introduce those concepts now. I hope you can put them in
somewhere and at a later date work on them even harder.
CHAIRMAN STRAIN: I'm glad you did. I think it's a good point, and I can assure you we'll be
discussing it.
MR. KRASOWSKI: Well, thank you very much. Have a nice day.
CHAIRMAN STRAIN: By the way, you took the full five minutes.
MR. KRASOWSKI: Did I?
CHAIRMAN STRAIN: Yeah.
MR. KRASOWSKI: I didn't go over though, did I?
CHAIRMAN STRAIN: No, you didn't.
MR. KRASOWSKI: That's amazing.
CHAIRMAN STRAIN: Thank you, Bob.
And we will take a recess for lunch. We'll be back here at 1 :00. Thank you.
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(Lunch recess was taken.)
CHAIRMAN STRAIN: Okay. We're back in session. It's one o'clock. We'll start offwhere we left
off and that would be the housing element which I bet you need Cormac here.
COMMISSIONER ADELSTEIN: That's what I'm saying.
MR. WEEKS: Mr. Chairman, I'd like to go back to the e-mail that I sent you last night to all the
planning commissioners. And as you'll recall there were some changes proposed to the housing element
and Golden Gate and Immokalee master plans. Those changes primarily pertain to the term "affordable
housing." And we'll go back to the very first meeting on -- on these EAR based amendments. And I
brought to your attention that -- that we would need to change those terms.
CHAIRMAN STRAIN: Right.
MR. WEEKS: And the e-mail last night was identifying those. Similar, there was a couple of
changes made that correlated with some of your direction on the -- on the CCME, Conservation and
Coastal Management Element, pertaining to stormwater being allowed within preserve areas.
Let me get to the point. I'm assuming from the earlier comments made at the beginning of the
meeting and the fact that the e-mail was sent to you so late that you don't want to discuss those matters
today. You want to wait until the 30th. Would I be correct in --
CHAIRMAN STRAIN: Well, David, all I'm going to do and my -- and ifthe board wants to do
something different then, obviously, we will -- we will, but my intention was to move through the
document that you've already presented to us, that we've already had time to read and digest. And I
cannot sit here on the fly and read new documents. So whatever comments we have in the remaining
elements of this EAR, I was hoping you could take those, combine them with the ones that you sent out
and give us a better and more complete package prior to our March 30th meeting.
COMMISSIONER ADELSTEIN: Though I would prefer getting a copy of it today which I will not
use today, but I would like to have a copy.
MR. WEEKS: Sure. We -- we could provide you those hard copies of what was sent to you in
e-mail last night. But as you're saying, Mr. Chairman, you've already made -- been through the Golden
Gate Master Plan and directed changes, so we're going to have to come back with the revisions there. So
I very much understand and agree with the concept of -- of merging your direction from today with the
e-mailed information from last night.
CHAIRMAN STRAIN: Well, while we're on the subject, can you tell me what day next week
you're going to provide this board with the documents that we will need to review on the 30th?
MR. WEEKS: Our target date is -- is Thursday to give you a full week.
CHAIRMAN STRAIN: Okay. I just wanted to make sure we had ample time and that will work.
Thank you.
With that, then, we'll move into the housing element of the --
MS. FERNANDEZ: Good afternoon, Commissioners. For the record, Nicole Fernandez, senior
planner with the comprehensive planning department.
As far as the housing element is concerned there are changes just about on every page of the
document and most ofthem are relatively minor in nature. However, if you'd like to go page by page as
you've been doing with the other ones, that's fine.
CHAIRMAN STRAIN: I think we'll keep the same pattern.
MS. FERNANDEZ: Okay.
CHAIRMAN STRAIN: And -- so that takes us to the first page of the housing element. Mr.
Murray.
COMMISSIONER MURRAY: Yes. On page 1 about in the middle it says, Demolition of new
construction. I suspect it should be demolition with new construction?
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MS. FERNANDEZ: Yes, that's correct.
COMMISSIONER MURRAY: Okay. Let's go down to the paragraph below. And it says,
Confirms that Collier County is 30,949 units short of providing affordable housing. Where are these
families that we count? I -- I -- I understand that we're short, but I just wonder where do we get this
information? Where -- how do we know that these families -- these -- these are Collier County families?
There's -- there's some place right now right; is that right?
CHAIRMAN STRAIN: Well, before you go there, I think Cormac will agree that using that number
is misleading.
COMMISSIONER MURRAY: Okay.
MR. GIBLIN: For the record, Cormac Giblin, housing and grants manager.
If I could provide some background to what the number means. I think that will be helpful. The
second -- and it is explained in the second half of the same paragraph. It says, The 30,949 unit deficit is
divided roughly between one-third rental, two-thirds owner-occupied housing. Furthermore, this figure
represents the current deficit experienced by those residing in Collier County. It doesn't take into --
individuals into account who may work in the county, but unable to affording the housing.
Just before -- just before the sentence I started at it says, These residents are cost-burdened and are
spending more than 30 percent of their gross monthly income on housing expenses. So that is what the
number means is that that is the number of households currently residing in Collier County who are
cost-burdened. And by definition spend more than 30 percent of their gross monthly income on housing.
COMMISSIONER MURRAY: Okay. And I -- I think I read it some place, God knows now where,
but that this was determined by some consultant or some data from -- from census or --
MR. GIBLIN: This data comes to us directly from the State of Florida.
COMMISSIONER MURRAY: State of Florida.
MR. GIBLIN: Through the Schinberg Center for affordable housing.
COMMISSIONER MURRAY: Okay.
MR. GIBLIN: And it is the data that the DCA uses to evaluate each county's effectiveness in
meeting the goals, objectives and policies of -- of their housing element.
COMMISSIONER MURRAY: And not to pursue it too far, but -- but you don't know whether
that's anecdotal or whether they actually have a surveyor --
MR. GIBLIN: I've spoken extensively to the gentleman who runs the -- this center and is
responsible for the numbers. He's given me their methodology or at least the factors that go into his
methodology. I can tell you that it is the purpose of the center and the purpose of the cost-burdened
housing analysis was to provide all local governments in Florida a single source for what I would say
would be the most accurate or -- or the most accepted data to measure all the comprehensive plans
against statewide.
COMMISSIONER MURRAY: Okay. I just want to make a comment. I realize yours is an uphill
battle. I'm not negative in any way, but I think it's imperative that we have -- and everybody understands
that the data that is supplied are -- can be qualified and -- and dependent upon to be real. And it -- when
you refer to units, if we consider 2.8, is that the average we use per family 2.8, something like that?
That's a lot of folks.
MR. GIBLIN: Well, no. You're right.
COMMISSIONER MURRAY: That's a heck ofa lot of folks.
MR. GIBLIN: This is -- this is 30,949 units.
COMMISSIONER MURRAY: Okay. And I appreciate that. The 2.8 was the family -- average
family. And I may not be accurate. But I guess what I'm getting at is it confounds me because when I go
around the county and I look at the housing when you go past the main avenues, there aren't that many
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homes. And Ijust wonder where all these folks are now living. And if -- if that -- if this data or these
data account for that, then -- then fine. But it's just I really want to be able to depend upon this in order
to support it. That's really where I'm coming from.
MR. GIBLIN: Well, to be counted in that number, you must be living in Collier County already.
You may be--
COMMISSIONER MURRAY: Good.
MR. GIBLIN: -- doubled up, tripled up to make ends meet. You may be paying -- and by definition
you are currently here in the community, but you're paying unaffordable housing expenses.
COMMISSIONER MURRAY: Okay. That's a very good response. Thank you. Does it include
the people out in Immokalee who are here only part of the time doing their thing?
MR. GIBLIN: Depends. Some of the factors that go into that are census data and rental-- rental
income data. If those people are included in the census and claim Collier County as a -- as their
permanent residence, then it would. For migrants I would assume it doesn't.
COMMISSIONER MURRAY: Yeah. So those are in actually, if we think about it that's in addition
to the number of needed. Would I make -- is that a fair supposition?
MR. GIBLIN: That would be fair. But I think that the greatest addition to this number comes from
the number of uncounted households who don't live in Collier County to begin with to be considered in
the number. People commuting from Lee County or Dade County or Charlotte County on a daily basis
who are unable to -- to reside in Collier County in the first place to even be --
COMMISSIONER MURRAY: But as you said, though, they are not in this.
MR. GIBLIN: They are not.
COMMISSIONER MURRAY: So -- but that's a magnitude beyond?
MR. GIBLIN: Exactly.
COMMISSIONER MURRAY: Okay. Thank you for that.
CHAIRMAN STRAIN: Mr. Schiffer then Mr. Midney.
COMMISSIONER SCHIFFER: Yeah. Is there a way to get a copy of that study because your
definition, I was curious. Because essentially what you're saying, if! was making a million dollars a year
spending over $300,000 a year in living expenses, I would be considered in this category?
MR. GIBLIN: That's correct. That's correct. And this 30,949 unit number --
COMMISSIONER SCHIFFER: Right.
MR. GIBLIN: -- is encompassing of everyone who makes zero income up to the -- the maximum,
up -- up to unlimited income. That is a gross number. We can then further -- that the study using the
data, you can then break it out: Number of this income, number of that income, renters, owners, number
of senior citizens, number of -- by household size. It's very -- it's a very powerful tool. And if we were
to, for the sake ofthis discussion, limit this number to only those -- those households that 80 percent of
median or less who are low income?
COMMISSIONER SCHIFFER: Under 50 percent of --
MR. GIBLIN: There's no break point at the 150, but there is one at 80. And it's about 24,000
households are at 80 percent or less of median and cost-burdened. So that's low-income residents and
cost-burdened.
COMMISSIONER SCHIFFER: Okay. But the question was, you can make this data available to us
somehow?
MR. GIBLIN: Uh-huh.
COMMISSIONER SCHIFFER: Because I hope we're not worrying about millionaires that just had
to get too close to the beach and --
MR. GIBLIN: I will tell you that some of -- some of the -- some of this number is inclusive of all
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income categories.
COMMISSIONER MURRAY: I wish there were a way--
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: An observation. I think that, you know, if you're depending on sort
of, like, a windshield survey and driving around to determine where the low-income housing is, you'll
tend to underestimate it. Because low -- where the poor people live, it's usually in areas that you don't
see. It's hidden away back in the woods. People really doubling up. At least I know that's true in
Immokalee and among the migrants. So I would tend to say that this is an underestimate rather than an
overestimate.
CHAIRMAN STRAIN: Ms. Caron then Mr. Murray then Mr. Adelstein and Mr. Kolflat.
COMMISSIONER CARON: Actually, I believe Mr. Murray is next.
CHAIRMAN STRAIN: They already have.
COMMISSIONER MURRAY: That's okay. I -- I -- I was just going to engage. But I think that
would rip on it. We're fine. Thank you very much.
CHAIRMAN STRAIN: Do you have any comment, Ms. Caron?
COMMISSIONER CARON: No, not at this point.
CHAIRMAN STRAIN: Mr. Adelstein.
COMMISSIONER ADELSTEIN: I've got a problem in my own mind. Why we went up to take
1,000 units as the goal. I did some research and found that -- well, I'm on page -- okay. I'm talking
about 82,000. Go ahead.
CHAIRMAN STRAIN: We're still trying to get through page 1.
COMMISSIONER ADELSTEIN: Go ahead.
CHAIRMAN STRAIN: So let's finish. Mr. Kolflat, do you any questions on page I?
COMMISSIONER KOLFLA T: Yes. As I understand this, at 30,000 units approximately here you
indicate that this is going to be 500-some units per year, is that correct, is the target?
MR. GIBLIN: That is the old target. That was -- that was the existing target prior to this
amendment cycle.
COMMISSIONER KOLFLA T: What is it -- yes. What is the present target?
MR. GIBLIN: On the next page when we get into Objective No.1 we propose to change the target
from 500 to 1,000 units per year.
COMMISSIONER KOLFLA T: Well, that still is 30 years duration to solve the problem; is that
right?
MR. GIBLIN: That -- that would be correct. And plus, the problem keeps growing every year so it's
probably longer than that.
COMMISSIONER KOLFLA T: The other -- other question I had in my mind is that the first
paragraph on Introduction seems to stress or make a point that government is going to correct this
problem. I don't believe that government is solely responsible for this problem, but is there any way we
can incorporate something here in the private sector being involved in solving?
MR. GIBLIN: Commissioner, we've looked at the language very carefully. And we don't propose
that government is going to solve this problem. We -- what we do and if you look at the last sentence in
the first paragraph we say that, Thus, there's a need for Collier County to find ways to encourage the
provision of affordable housing for these families.
So we see our goal as providing an environment so that public and private solutions can be found to
meet -- to meet the need, but --
COMMISSIONER KOLFLA T: Well, I was hoping possibly there would be some wordage in that
introduction that would convey that feeling that it has to be done jointly. It's not one party's
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responsibility.
MR. GIBLIN: Again, I think that's what we're trying to reach when we say, Encourage the provision
of rather than provide.
COMMISSIONER KOLFLAT: Okay.
CHAIRMAN STRAIN: Okay. Cormac, middle ofthe sentence, the sentence you're referring to on
page 1 with the 30,949 units short. It says 30,949 units short of providing affordable housing. I'm going
to read you something and tell me if it's accurate or not. Thirty thousand is the estimated number of
residents currently living in Collier County or are paying more than 30 percent of their income on either
mortgage payments or rent. That number is generated by the State of Florida and residents above 30
percent threshold are classified by the state as cost-burdened. To suggest that the county needs 30,000
affordable or work-force housing units is misleading.
If it's misleading, I don't believe that sentence reads correctly because the way the sentence seems to
read is that there's 30,949 units short of providing affordable housing.
MR. GIBLIN: I will agree that the -- the word "short" probably could be substituted with -- with a
different word because it is not a measurement of a shortage. It is a measurement of a current condition.
That said, the Growth Management Plan doesn't specify that we are to provide -- provide affordable
housing only to certain income levels of household. It says that the county shall provide affordable
housing, period -- to all residents, actually, then period. So I think that it can be cleaned and to made --
be made more specific, but I don't believe that it's -- that it is incorrect as written.
CHAIRMAN STRAIN: Well, the quote I was reading was from the county manager.
MR. GIBLIN: Well, right.
CHAIRMAN STRAIN: I would certainly agree with his statement that it is misleading. I don't
believe at all that there's any statistics that show what the affordable housing need is in Collier County.
And "affordable" meaning in the criteria that we've established as a definition throughout this first page,
we refer to affordable numerous times. And every time we refer to it, the mind-set in people that read
this is affordable according to a definition that we have.
Your mind-set in using the 30,000, it seems to be, is that if a millionaire can't afford a home that he's
paying over thirty -- one-third of his income and all of a sudden he's -- he has an -- he qualifies for being
an affordable need. I don't think that's a true statement in regards to how the public is going to be
reading this. So why would we want to mix in people who don't necessarily fall into the affordable
category into this picture? I don't understand the necessity of doing that.
MR. GIBLIN: Commissioner, I'll say that -- let me start by saying I agree with you. But the
problem we run into is that let's take two years ago, for example, we had a definition of "affordable" that
was capped at a certain level. And now we have a definition of -- of affordable housing that is capped at
a higher level. What we're trying to do on this page is be all-inclusive so that if next year the board
decides to raise the definition again, we don't require any more changes necessary to the comp plan.
CHAIRMAN STRAIN: Well, won't they arrange it by the definition -- by changing the definition of
"affordable housing" like they just most recently did? They're not going to create another level of
housing or if they do, they're going to change a definition. I honestly don't see the need to accommodate
through any kind of affordable reference multi-millionaires living in homes above their means. That is
misleading to the public and misleading to anybody that would be reading this.
And, Mr. Cohen, you had a comment.
MR. COHEN: I was going to make the suggestion, Mr. Chairman, the -- the definition in -- of
affordable housing normally in the specificity is normally found in the objectives of the policies that
follow the introduction. A lot oftimes introductions are a little bit more general in nature. And I would
suggest probably it may be a better means of achieving the goals and objectives of what's affordable with
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.,
the specificity and the objectives and policies and modifying the introduction to be a little bit more
general in nature.
For example, rather than stating that we're 30,949 units short of providing affordable housing, we
could just say that the Schinberg study confirms that Collier County has 30,949 units that are
cost-burdened. I think it's disingenuous to say, you know, that it's affordable housing in that capacity
based on what the definition is. And I think probably we can come up with some alternative language in
the introduction that basically takes into account your concerns with respect to grouping in of what is
considered to be cost-burdened by the Schinberg study and what is actually affordable housing and what
that definition would be when it's forthcoming.
CHAIRMAN STRAIN: What is the purpose of this housing element in it being in the GMP? Is it--
is it the purpose to tell the world that we have cost-burdened millionaires or is the purpose to address a
social -- a social need that could be affordable housing? And if it is, why don't we just focus on what the
need is instead of something that is probably silly to be looking at?
MR. COHEN: You know, and if -- and if the reference is to -- to remove, you know, what is
considered to be cost-burdened, if that's considered to be -- you know, and I look at that study because
I'm cost-burdened personally based on the study. And I don't consider myself in need of affordable
housing. I'm an example of somebody that falls into that category. And there are a lot of other people
along those lines.
So -- so when I see that, I think some type of alternative language in the Introduction would -- would
be a good route to take in this particular instance. And then address the affordable work force and the
housing language that David provided you -- to you earlier today in the goals, objectives and policies.
CHAIRMAN STRAIN: Well, I think if the purpose of the Growth Management Plan is -- is to
provide concepts for social situations in Collier County such as affordable housing, make it read for
what it's there for and don't put statistics in that don't really apply to that segment that you're trying to
specifically target. Because by using that, it also puts an onus on the other elements of this same element
that we're going to be discussing in the quantities that you've isolated in those elements. And I want to
make sure that we're playing from a level playing field and we're using accurate statistics. And I don't
see that number as witnessed by the county manager as being a true statement of affordable housing.
Mr. Murray.
COMMISSIONER MURRAY: Just as a -- as a question relating to that. If using myself for -- for
an example for this purpose only, if as a retiree I reach a certain point where my purchasing power
because I'm on a retirement program and I can no longer afford to live in my condominium, that means I
can come to the county government and I can be subsidized for the balance of my needs because I have
reached that threshold?
MR. GIBLIN: I'm sorry. I don't -- you own your--
COMMISSIONER MURRAY: In other words, I will have reached the 30 percent -- in excess of 30
percent because I no longer have enough money. I don't have the purchasing power. The condo fees and
everything have gone up. So I could now come to the county and I could say, You need to help me
because I -- I have to -- I have to -- I'm living in now it's affordable housing. The housing is not
affordable housing, but I'm in a situation where I'm cost-burdened.
MR. GIBLIN: And -- and that's the reason that some of those people may be -- may be in that
situation that are included in that 30,000 gross number. Mr. Cohen's, I think, suggestion that we follow
up that number with a breakdown of -- and this many are -- are in the low-income category.
COMMISSIONER MURRAY: Sure.
MR. GIBLIN: Or this many are in the gap and lower-income categories, I think would be a good
suggestion to incorporate into that introduction.
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COMMISSIONER MURRAY: But you didn't answer my question and I didn't -- I know you didn't
not -- I know you meant to answer it, but, so, I just want to find out if my -- in the future I can come to
the county and get some of my rent paid?
COMMISSIONER ADELSTEIN: No.
MR. GIBLIN: We don't -- we don't have those kind of programs.
COMMISSIONER MURRAY: Thank you very much.
CHAIRMAN STRAIN: I think Mr. Midney was first.
MR. COHEN: I think it's kind of the consensus of the board that you'd like us to reword and redraft
that entire paragraph to where it actually makes sense.
CHAIRMAN STRAIN: Well, Ms. Caron has a better suggestion, but Mr. Midney raised his hand
first and please let the record acknowledge that Mr. Tuffhas finally graced us with his presence.
COMMISSIONER ADELSTEIN: He's a few minutes late.
COMMISSIONER TUFF: Good morning. I just woke up.
CHAIRMAN STRAIN: Those newspaper guys.
Mr. Midney.
COMMISSIONER MIDNEY: Yeah. I would agree. I understand that you're using this Schinberg
study because it's probably one simple authoritative measure. But it probably would be good to add to it
or incorporate or even maybe substitute it something that recognizes federal poverty guidelines and only
to include the ones that are below a certain level.
I -- I was talking a few days ago with a nurse who is making good money working for Naples
Hospital, but her rent is $1,500 a month and it's about to go up. So, you know, you start getting into
extraneous issues when you start using just strictly 30 percent. Because the way things are going, that's
going to include a lot of people.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. My suggestion was just to -- just to strike this paragraph. I
don't even see the need for it. I think it certainly reads fine down to, Collier will continue to address
affordable housing deficit. I mean, I'm not sure what's gained by that paragraph.
MR. GIBLIN: Reference -- references to the Schinberg study -- again, like I said a minute ago, that
is -- those are the numbers that the state holds every local jurisdiction accountable to. And so in our -- in
our EAR report those were the -- we made reference to the Schinberg study. And most ofthe changes --
and I'll agree with Nicole -- there are not many substantive changes throughout the rest of this housing
element. But the ones that are point back to an increase or a -- a -- a demonstration of what the need is
in Collier County. And so that's why the numbers are in there in the -- in the beginning.
COMMISSIONER CARON: How about this, Cormac, why don't you say -- why don't we strike this
paragraph, but you can add the Schinberg Center language in the final paragraph by just saying when it
gets to governmental agencies, you can put in parens that we used the most up-to-date housing data
available from the state through the University of Schinberg Center?
CHAIRMAN STRAIN: I would have to agree with the commissioner. I don't see the necessity for
this ambiguous, inaccurate paragraph.
COMMISSIONER ADELSTEIN: Nor do I.
COMMISSIONER MURRAY: I -- I agree.
COMMISSIONER SCHIFFER: Just a question. Mark, where do we have -- excuse me. Where do
we have definitions in the GMP, anyway, or are the bolded words, you go to the LDC for the definition?
CHAIRMAN STRAIN: In this particular element I understand from Randy's introduction a couple
of weeks ago that he just bolded all the references to affordable whether they were a definition or not just
to show where it occurs to highlight it to us. Because so many changes in the overall EAR amendments
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were affecting affordable issues.
COMMISSIONER SCHIFFER: And then it'll drop back in the final?
CHAIRMAN STRAIN: That's correct.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Now, as far as dropping this paragraph, we have one, two, four of us are
suggesting that --
COMMISSIONER MIDNEY: Which paragraph are you talking--
CHAIRMAN STRAIN: The entire -- that second -- that whole--
COMMISSIONER MIDNEY: The third paragraph?
CHAIRMAN STRAIN: It doesn't help anything. It's actually going to bring in more
unsubstantiated, let's say, data to confuse the issue.
COMMISSIONER SCHIFFER: No. I agree, Mark. I think if we give the impression that we're
worried about affordable housing for millionaires, that'll bring a lot more people to town than
guesthouses.
COMMISSIONER ADELSTEIN: As a matter of fact, I'm going to apply tomorrow.
COMMISSIONER CARON: Done. Thank you.
CHAIRMAN STRAIN: Is everybody -- is everybody okay with that?
COMMISSIONER ADELSTEIN: Yup.
CHAIRMAN STRAIN: Okay. Our recommendation, then, is to drop that paragraph.
Any other issues on page I?
(No response.)
CHAIRMAN STRAIN: Did staffhave any changes to page I?
MS. FERNANDEZ: Yes. There are several changes on page 1.
CHAIRMAN STRAIN: You need to kind of chime in on each page as we go along so we can also
understand what changes you're talking about.
MR. GIBLIN: Sure.
MR. WEEKS: Excuse me, Nicole. Mr. Chairman, I think I should go and pass out our changes then
so that --
CHAIRMAN STRAIN: Oh, are these the ones on the sheets that you sent us last night?
MR. WEEKS: Yes, sir.
COMMISSIONER SCHIFFER: Yeah, you should.
CHAIRMAN STRAIN: Yeah.
COMMISSIONER MIDNEY: I didn't get -- I didn't get that e-mail so...
CHAIRMAN STRAIN: I got it, but they didn't send a printer with it.
COMMISSIONER MURRAY: Three and a half pages.
CHAIRMAN STRAIN: When David sends out these large e-mails, he's going to start couriering out
printers to our home.
COMMISSIONER MURRAY: Three and a half pages? Let me have it, then, in case I missed
something. No, I got these earlier.
CHAIRMAN STRAIN: I don't think -- we can see your changes, Miss. So rather than have you
walk through each one of them, if there's any changes on here -- they're all in red I would assume?
MS. FERNANDEZ: Yes, correct.
CHAIRMAN STRAIN: If there's anything on here that stands out to a member right now that wants
-- that needs discussion, we can go into it. Other than that, we'll just -- we'll continue to review on that
till the 30th.
COMMISSIONER MIDNEY: Mark?
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CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MIDNEY: What is affordable work force? That seems to be the main change.
MS. FERNANDEZ: Affordable work force, anywhere on the document where you found
affordable, that term, it was changed to reflect consistency with the new definition that's found in the
Land Development Code.
COMMISSIONER MIDNEY: And does that kind of tend to eliminate the millionaire thing that we
were just talking about?
MS. FERNANDEZ: Yes. It only goes to 150 percent of median income.
COMMISSIONER MIDNEY: So there you eliminate all the wealthy people right there.
CHAIRMAN STRAIN: Yeah. But that doesn't -- well, I understand that, yeah. That's where this --
this is -- that's honestly where this element is directed.
So if I understood what happened at the commission meeting with regards to the LDC definitions,
didn't they incorporate a new definition for GAP housing?
MR. GIBLIN: Commissioner, when -- when the Board of County Commissioners took up the LDC
amendments and the definitions, they're presented with basically two options which came to this board
as well in the weeks prior to that. One option was an all-inclusive definition of affordable work-force
housing ranging from zero to 150 percent of median.
Another option was leave affordable work-force housing as it was and create a new definition of
GAP housing which would be from 81 to 150 percent of median income. What the Board of County
Commissioners did at their adoption hearing, though, in a sense was they did both. They adopted a new
definition of affordable work force housing that was all-inclusive and they also adopted a definition of
GAP housing which was 81 to 150. So for purposes of the comp plan or anywhere that we see the word
"affordable" work force housing from now on it is an all-inclusive definition of anything from zero to
150 percent of median.
CHAIRMAN STRAIN: Well, the only concern I'm going to have is as you well know there are
going to be policies coming before the board that will be very specific to affordable work force or to
GAP. Now, if a policy's created for GAP housing and doesn't reference affordable work force, how does
it fit into any of the definitional changes you made here?
MR. GIBLIN: You'll see when we move through this -- through this element that anywhere that the
percentage of median income is important to the definition or to the policy or to the program, it is
followed up by the range that it's specifically speaking to.
CHAIRMAN STRAIN: Ms. Student, I know you're aware of the ongoing issue with the definitions
and the -- the concerns between affordable and GAP housing and the fact that a matrix is going back
before the board on the 28th of March, I believe, or somewhere close to that.
Ifthey separately -- if the definitions are as Cormac has said and separate criteria are in the LDC to
define when and how GAP is incentivised and implemented, does GAP have to be separately annotated
in the GMP in order to be implemented in the LDC.
MS. STUDENT-STIRLING: I think what we might need to do is look at how that, you know,
comes about and then when we have this element back add it if need be. I haven't worked as fully with
Cormac as another member of our office has on that. And I -- I think I probably want to defer to Cormac
a little bit on it too, but --
MR. GIBLIN: Commissioner, the way I understand the current definitions as adopted by the board,
it will be similar to posting a speed limit, 55 miles an hour for all cars or 55 mile an hour for all cars and
Cadillacs. I think the first one covers everything. And to say cars and Cadillacs would be redundant.
CHAIRMAN STRAIN: Well, I just would -- if staff could make sure that this is not going to trigger
a problem like I just reiterated to you, that would be better by the 30th and let us know.
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Onward to page 2.
COMMISSIONER ADELSTEIN: I have a problem with it.
CHAIRMAN STRAIN: Mr. Adelstein.
COMMISSIONER ADELSTEIN: Why was it changed from 500 to 1,000 units? How many units
did we actually do this past year?
MR. GIBLIN: That is one thing that we track. This last year, the last fiscal year we created just over
500 affordable units as under the -- the old existing definition, a combination of rental and
owner-occupied units.
COMMISSIONER ADELSTEIN: Now, that's -- that's basically true, but it's a fiction in this respect.
At the end of the year -- before the end of year Joe Schmitt made this comment, that over 4,000
affordable unit housing had been approved by the -- by us, by the county commissioners. The only
problem is that they haven't been started yet because of the paperwork they have to go through to do it.
Actually, over 4,000 units are now waiting to get that permission. So in actual fact, there's over 4,500
units been done this past year in 19 -- in 2005.
MR. GIBLIN: No. I'll have to correct you there for a second. The 4,000 is cumulative of all
previous approvals that have not yet been built, not just in the past year.
COMMISSIONER ADELSTEIN: All affordable housing units have already been approved by--
but not built out. This is now Joe Schmitt's statement. Okay? Over 4,000 units all have been permitted,
all of it's been done. They just have not been built yet for other reasons. So we've already got over
4,500.
MR. GIBLIN: That's correct. But I thought your question was how many in the past year.
COMMISSIONER ADELSTEIN: I'm talking about the -- that many were approved in the year
2005. Forty-five hundred units have been approved if you've got five hundred already out there.
Because Joe said over 4,000 units have been approved this past year in '05, they just not have -- have not
started building them yet.
MR. GIBLIN: No. That's incorrect, sir. It's around 4,000 have been approved to date.
COMMISSIONER ADELSTEIN: You want to read this? I mean, it's -- Joe Schmitt's stating this to
me. Not to me, but somebody else and I got a copy. That over 4,000 units are on the books now.
MR. GIBLIN: Right. But they all didn't come on the books within the past year, which I thought
was your question.
COMMISSIONER ADELSTEIN: Well, either way it's -- if you're getting down that we've got over
4,000 units still, the problem isn't you giving a number from 500 to 1,000. The problem is to pull the
cork out from stopping these things from getting built. It doesn't make any difference how many you
suggest. Because, obviously, they're not getting anywhere. So that problem should be handled rather
than to figure out whether it's 500 or 1,000. It just doesn't make any difference.
MR. GIBLIN: Again, I -- I see your logic there. And I can tell you that 2,000 of that 4,000 are the
town of Ave Maria that are approved but yet unbuilt. They're going to be built out over -- over many,
many years.
COMMISSIONER ADELSTEIN: So we take that 2,000 out.
MR. GIBLIN: Right.
COMMISSIONER ADELSTEIN: So there's still over 2,000 more here in the county for the purpose
of affordable housing.
MR. GIBLIN: Most -- most of those numbers are meaning approved as in zoned. Then after
zoning, you have to go through site planning and building permits, all of that. And so it may take three
years from zoning approval to rooftop.
COMMISSIONER ADELSTEIN: Again, so we're saying is to come up with an idea -- a statement
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that we must do 1,000 instead of 500 is kind of a nomenclature because basically the problem isn't that
we want to do them. The problem is it takes this much longer to get them approved and then back into --
starting into the ground. So something else has to be changed.
MS. FERNANDEZ: Nicole Fernandez for the record.
I just would like to add that this was a recommendation made by the EAR report adopted in 2004 to
evaluate that number. And in addition to that the EAR report did document that in recent years the
production levels did exceed 1,500. And as of fiscal year 2003 approximately 2,500 units were
produced, affordable housing units.
COMMISSIONER ADELSTEIN: Okay. So either way we're getting to the point where that
number doesn't mean much.
CHAIRMAN STRAIN: Well, go ahead, Mr. Midney.
COMMISSIONER MIDNEY: I don't really know what this discussion is going to. It seems as
though some people in the panel seem to be saying that the affordable housing is not that significant
because look at all the units that are coming online. The affordable housing problem is terrible. It's
abominable and we're nowhere near close -- coming close to what we need to have done.
CHAIRMAN STRAIN: Mr. Midney, I can assure you I don't think anybody's -- at least I'm not and I
don't think Mr. Adelstein is trying to insinuate where you were going. I think the problem is the
statistics that need to validate it are been -- have been brought into question, not by this panel but by -- I
sat on two. I sit on another one right now. And we can't get good statistics. So until we do, it's very
hard to implement policies without knowing just because our gut says we need more, which we do, how
much more is it? There's no doubt we need more.
Go ahead, Mr. Midney.
COMMISSIONER MIDNEY: Yeah. I agree with you somewhat, too. It's very hard to get
statistics. And as an example, the Arrowhead community in Immokalee, 500 units supposedly is going
to be affordable housing. They started off saying that they would be -- a lot of them would be at the
$150,000 range, but now due to the increase in costs and property values, the cheapest is going to be
$250,000. So it's like -- and they're not even built yet. I think there's seven built. But it's very hard to
get statistics that matter.
CHAIRMAN STRAIN: Mr. Midney -- or Mr. Murray.
COMMISSIONER MURRAY: Yeah. I'm going to attack the -- the word "create," not because I
wish to but because under Policy 1.2 I asked the question, Collier County and its municipalities will
work together to accomplish a countywide goal of creating a sufficient -- how can Collier County -- can
it require other governments to respond?
MR. GIBLIN: We have interlocal agreements with both the City of Naples and the City of Marco
Island in terms of affordable housing in particular. Again, I would myself question the word "create."
COMMISSIONER MURRAY: Because you're not in that business.
MR. GIBLIN: Weare not building. And Collier County doesn't build any affordable housing. We
create an environment hopefully where the private sector will step forward and create affordable
housing.
COMMISSIONER MURRAY: And in that vein could you confirm something for me? With the
interlocal agreements with the City of Naples and Marco Island, aren't they enabled to buyout of having
to construct any affordable housing that they -- in lieu of that they can actually give money. Is that true?
MR. GIBLIN: That is the way both are structured, yes.
COMMISSIONER MURRAY: So they're never encumbered by actually having to construct an
affordable housing unit? Okay.
CHAIRMAN STRAIN: Cormac, you mentioned earlier that Ave Maria has 2,000 affordable
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housing units.
MR. GIBLIN: Uh-huh.
CHAIRMAN STRAIN: Is that within the town of Ave Maria?
MR. GIBLIN: Yes.
CHAIRMAN STRAIN: And are they a 15-year deed restricted or--
MR. GIBLIN: It varies. Some are restricted only for five. Like moderate income households are
restricted for five years and then low incomes are restricted for the fifteen.
CHAIRMAN STRAIN: Okay. When you count units in affordable housing, does that mean you
count ones that are outside your program?
MR. GIBLIN: Yes, sir.
CHAIRMAN STRAIN: Okay. How are you accounting for all the existing units that were
purchased affordable in this county sitting here today? There's 111,000, just to let you know.
MR. GIBLIN: For example, Ave -- the town of Ave -- the affordable units in Ave Maria were not as
part of any housing program. They didn't use a density bonus. They didn't use impact fee deferrals. It
was -- it was --
CHAIRMAN STRAIN: You said you're counting those; right?
MR. GIBLIN: Yes.
CHAIRMAN STRAIN: Good. How are you counting the others in Collier County that under -- that
aren't part of your program?
MR. GIBLIN: The ones we count need to be occupied by a low-income buyer or low-income renter.
CHAIRMAN STRAIN: So the ones in Ave Maria are going to be monitored for that occupancy?
MR. GIBLIN: Yes, sir.
CHAIRMAN STRAIN: Okay. So the people living in Collier County that bought their home here
and are affordable income -- ifthey're not registered with your department, then you don't acknowledge
they're living in an affordable house; is that right?
MR. GIBLIN: If they are -- if they buy a home on the open market in Collier County and they are
low income, then they would qualify for various programs offered by our department; down payment
assistance, impact fee deferrals and the such. It's our hope that we can get the word out enough to where
anyone who buys an affordable home who meets the definition comes and takes advantage of those, but
there may be some that don't. But yet affordable homes solely in the private market that do take
advantage of some of the programs that are available to them are counted in the number.
CHAIRMAN STRAIN: That's the only way you have it tracking them is if they come in to you?
MR. GIBLIN: Uh-huh.
CHAIRMAN STRAIN: Okay. I have two other questions, Mr. Murray, and then I'll--
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: -- if you don't mind.
Objective 1, the -- your first sentence, The number of new affordable housing units. How does that
account for any resale or any non-new -- new -- ones that are created and maybe sold and moved to a
different person? How are you accounting for those?
MR. GIBLIN: Again, through that same process that ifit were an existing home that was sold
privately and then because our programs also enable the assistance on a -- on an existing home, that
number would be counted. That would be counted towards the total.
CHAIRMAN STRAIN: So, again, though you only pick up the people that come into your
program?
MR. GIBLIN: That's correct.
CHAIRMAN STRAIN: Okay. The 1,000 -- the 500 to a 1,000 unit count that you have here, in the
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March 16, 2006
current EAR, the EAR that was produced last year that this amendment is based on, do you remember
the statement in there about the 500? The statement was that it's working at this time. So if it's working,
why are we changing it?
MR. GIBLIN: I think the statement -- the intent there was that we are meeting 500. When I said--
when we wrote --
CHAIRMAN STRAIN: Working?
MR. GIBLIN: -- it's working. It means that we are currently producing at least 500 per year.
CHAIRMAN STRAIN: Ifwe set the goal higher than what we can realistically keep maintaining
for a period of time, I mean, obviously, like any other kind of goal a government sets, if the private
sector may fail to go by that goal, does that mean the taxpayers would then have to subsidize the housing
further to get it created? I'm not saying that's right or wrong, but I want to understand the implications of
the 500 to 1,000.
MR. GIBLIN: The numbers that Nicole read into the record a minute ago, clearly for the past few
years, probably for the past ten years or so we've been creating over 1,000 units per year. So I think that
we're safe with the -- in terms of setting an attainable goal, the first part of your question.
CHAIRMAN STRAIN: Right.
MR. GIBLIN: We're confident that we could meet that 1,000 even -- that even the new information
now that affordable work force will also include the GAP level makes it even easier, I think, for the
county to meet that 1,000 units.
CHAIRMAN STRAIN: Ifwe did meet it, would it -- would it be looked at just like the water shed
management plans have been for 18 years? You kind of just ignore it then and go on with life.
MR. GIBLIN: That would be up to the next -- the next EAR report and--
CHAIRMAN STRAIN: Okay.
MR. GIBLIN: -- see what the state has to say about it.
CHAIRMAN STRAIN: Mr. Murray, did you have anything else to say?
COMMISSIONER MURRAY: Yeah. I wanted to follow up on the question of the city and -- and
Marco and GAP housing. GAP housing now is under the -- it's under the definition. So have you
thought it out? Has it been even qualified yet as to whether or not GAP housing would be a buyout rather
than -- than them having to build GAP housing in those communities?
MR. GIBLIN: I can't say that that -- that the conversation has gone that far. The -- the definitions as
you know were only approved about two weeks ago.
COMMISSIONER MURRAY: No, I understand that.
MR. GIBLIN: And that would be something to look at when the interlocals come up for -- for
reapproval. They're each on a three-year cycle with Marco's coming up later this year.
COMMISSIONER MURRAY: And so would you be an advocate of them including GAP housing
as an -- as an opportunity to buyout or would you exclude that and allow those types of homes to be built
within those communities even though it's within the definition of affordable work force?
MR. GIBLIN: I'm not sure I understand your question in terms of allowing them to buyout. Right
now, for example, the agreement we have with Marco Island is that they make a payment to Collier
County quarterly of 10 percent of their building permit fees. That is whether it be residential,
commercial. Whatever building permits were pulled on Marco Island, they pay Collier County 10
percent ofthat total on a quarterly basis not to -- not to be less than $50,000 per year. For the past three
years it's -- it's averaged about $125,000 per year.
COMMISSIONER MURRAY: And in return they're not compelled to build any work-force
housing?
MR. GIBLIN: In return the state does not hold them responsible.
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March 16, 2006
COMMISSIONER MURRAY: That's what I'm referring to and that's -- if that makes it clearer to
you, that's what I was talking about buyout. They're not required to build homes, that type of housing
there? I hope --
MR. GIBLIN: Correct.
COMMISSIONER MURRAY: -- we understand each other. My question to you is to think about
is the GAP housing and what the implications are there when you do come to renewal of agreement
whether or not now that it's been included within your purview, whether or not that will be an
encumbrance or whether that will be something else that -- that pops up?
MR. GIBLIN: We'll keep that in mind also--
COMMISSIONER MURRAY: Thank you.
MR. GIBLIN: -- with the -- with the City of Naples.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: Yeah. I would like to see something. It's good to say we want to
produce 500 or 1,000 units of affordable housing a year, but that looks as though we're actually getting
ahead by that amount. We're not taking into account the loss of housing. Because all the housing that--
almost all the housing that's -- that's destroyed or has to be demolished or whatever because it doesn't
meet code is low-income housing. And the result is that we're losing lots and lots of houses that were
low-income especially after Wilma.
And in Immokalee what's going on is that a lot of houses because of the terrible shortage of farm
worker housing, what used to be families, there's one two houses down from mine. It used to be a family
of three kids and two parents who lived there. Theymoved out and now there's nine single men in there.
And that's going on all over Immokalee where they're just -- even Habitat for Humanity houses I know of
where they've just been taken over by single men.
So can you put in something there that you're not -- that takes into account the loss of the housing.
MR. GIBLIN: Yes. And I was briefly flipping through. I -- I thought one of the later policies
addressed that because I have had conversations with -- with our code enforcement department. And in
terms of tracking that, how many units have come out of service every year and that question has been
asked in the past by our Affordable Housing Commission. And so it is something that we're trying to
keep an eye on.
COMMISSIONER MIDNEY: But shouldn't it be included when you're counting about a gain of
500 or 1,000 houses, shouldn't you subtract what's lost?
MR. GIBLIN: I agree. And another -- another loss in addition to storm related or trailer
condemnations would be current affordable rental apartments converting to unaffordable condos.
COMMISSIONER MIDNEY: That's another problem.
MR. GIBLIN: Yes.
CHAIRMAN STRAIN: All right. Ms. Caron.
COMMISSIONER CARON: Yeah. I really have what I think is an extremely serious question
here. How do we ever plan to get ahead of the game if you are only requiring areas like Marco Island
and the City of Naples to contribute $125,000 toward affordable housing? These are the people -- these
are the areas that demand the services of these people. We're taking on all of this burden in the county
for $125,000?
MR. GIBLIN: Commissioner, that -- that was the deal that the Board of County Commissioners
entered into with each of them. I think the City of Naples agreement's going on maybe nine years now
and this will be the first three years of -- of the Marco Island agreement. And it was necessary for each
of them to come to the county to partner on the housing element for their plans to be approved. So
certainly we do have a bargaining chip over each of them.
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COMMISSIONER CARON: Let me tell you, I mean, it's sort of a classic thing that happened
recently when you had your affordable housing workshop was you had the City of Naples. The hospital
was there sitting at that table saying how much they need housing for their nurses and -- and even some
doctors and technicians. And yet they had just sold property that they owned to Jack Antaramian to
build housing and not one unit was affordable. I mean, I just don't understand the logic that's going on
here. Where is the thinking? And the only answer that ever comes out on anything is, let's give the
developers a density bonus. I mean, I'm just -- I'm shocked.
CHAIRMAN STRAIN: I share your shock. I certainly do. I had no idea that marketplaces like
Marco Island and Naples which are the attraction are getting off so lightly and we're carrying the burden.
COMMISSIONER MURRAY: I'm so surprised. I'm glad I brought it up.
CHAIRMAN STRAIN: One hundred and twenty-five thousand dollars doesn't cover one house for
one person servicing one -- one lobby of one hotel on Marco Island. It doesn't make any sense at all.
MR. GIBLIN: I -- I agree with the -- with your -- your conversation. And just that the -- the concept
of providing high-cost areas the ability to partner with the overall county to share in that housing
situation is -- is not unique to Collier County. Like, you know, Sanibel, Captiva, they all have interlocal
agreements with Lee County.
So it is -- in areas where it is difficult to develop affordable housing like Marco Island, like the City
of Naples is not an uncommon avenue for them to look -- look at.
CHAIRMAN STRAIN: Mr. Murray then Mr. Schiffer.
COMMISSIONER MURRAY: Then on specific under Policy 1.2, then, I think you need to look at
the wording. Because it says that municipalities will work together to accomplish the communitywide
goal creating a sufficient supply of market rate. I'm not sure, then, that those interlocal agreements
constitute an adequate venture together.
And if you look at Policy 1.4 on the following page, although I know I'm ahead, and, again, it relates
to agreements. And we talk about equitably throughout the county. So I think those things need to be
looked at because, if not, then the attention brought to them at some point will make this look fallacious.
I'm probably too strong.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Cormac, on the -- and, again, remember I still want those numbers
just to review. Because I think what we're learning here is we have to review this ourselves. Where is
the information? Do you have a web site that we -- that we could visit and get this information? We
asked that the AUIR start to include some of the elements that aren't just concurrency like yours.
But how -- how do we know what's going on? How do we know what the municipalities are doing?
Where would we go look to be brought up-to-date and up-to-speed on that.
MR. GIBLIN: So -- I apologize. When you started your question, I thought you were --
COMMISSIONER SCHIFFER: Do you do an annual report? Do you do something that we could
be reading to see, you know, where the funding's coming from? Where -- for example, we've been
$1,000 a unit's been going. Where's that been going? How do we study that?
MR. GIBLIN: Sure. Two answers. The first in regards to the interlocal agreements, I can certainly
provide copies of those interlocal agreements to all of you to -- to review.
The second part was the $1,000 per unit voluntary contribution from developments that have been
approved, let's say, in the past year or so. To date not $1 has actually been received by the county. Those
are commitments that are tied to milestones that are in some cases years away. So to date not $1 has
been received.
When they do start to come into the county, they'll be deposited to a local affordable housing trust
fund and then used to implement programs that will be identified for the use of those funds.
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COMMISSIONER SCHIFFER: But, I mean, do you have like a -- do you do an annual report or
anything on your web site where people can review and see the funding, where it's going, what's
happening or is it a--
MR. GIBLIN: Our department's programs are basically split between two fund -- two or three
funding sources. We have state funds for the Ship Program and that has an annual report. And we have
federal funds through CDBG and home programs which has its own annual report. I believe the federal
programs report is available on our web site. I can't say for certain whether the state is, but certainly all
ofthat information is available at our -- at our department. And also made -- presented in a public
fashion to the Affordable Housing Commission at least once a year.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Cormac, I got one language suggested change on that page. It's a small one
and maybe we can get on. On Objective 1 and I'll read the first sentence. The number of new affordable
housing units shall increase by 1,000 units each year, and I'd insert the words "by requiring 250 units per
year from Marco Island or cash equivalent, comma, 250 units per year from the City of Naples or cash
equivalent, comma, and the balance from Collier County." And then go on "in an effort to continue to
meet" --
COMMISSIONER MIDNEY: That's a really good idea.
COMMISSIONER ADELSTEIN: You go. That start's -- good.
COMMISSIONER MIDNEY: Very good.
CHAIRMAN STRAIN: Well, I mean, it might send a message.
COMMISSIONER MURRAY: That's about all it's going to do.
CHAIRMAN STRAIN: I don't know.
MR. GIBLIN: David, can our comp plan hold other municipalities accountable for something?
COMMISSIONER MIDNEY: It doesn't hurt to ask.
CHAIRMAN STRAIN: Didn't I hear you say they couldn't get approvals without our -- without a
cooperative agreement with us?
MR. GIBLIN: Without that -- they couldn't get their own comp plans approved.
CHAIRMAN STRAIN: Well, there might be a hammer there we ought to start using instead of
putting the burden on -- entirely on Collier County. There's dead silence from the County Attorney's
Office.
MS. STUDENT-STIRLING: I would just say that I think that our interlocal agreement would have
to be amended to reflect that. We just can't do that without entering into an agreement with them.
CHAIRMAN STRAIN: Oh, I realize that, but it might spark that agreement to be -- be more
realistic. So, anyway, that language is -- does the rest of the board like that?
COMMISSIONER SCHIFFER: I like that.
COMMISSIONER MURRAY: I like that.
COMMISSIONER CARON: We all like that.
COMMISSIONER SCHIFFER: The commission can take it out.
COMMISSIONER MURRAY: Well, if it's equivalent, it would be a Jim Dandy dollar --
CHAIRMAN STRAIN: Well, okay. Well, let's move on. How about page 3? Does anybody have
any questions on page 3?
Ms. Caron.
COMMISSIONER CARON: At the top of the page, Cormac, Policy 1.4. Ijust -- where it says in
the second line, Which include. I think it should read, Which may include. Because, again, we're back
to the old sawhorses here. Only density bonuses and only impact fee deferrals are -- are the only thing
we ever talk about here. And I think "which may include" because there are a whole laundry list of other
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things we should be talking about.
CHAIRMAN STRAIN: I have no problem. Anybody?
Mr. Kolflat.
COMMISSIONER KOLFLA T: Yes. Marjorie, I wanted to ask you relative to this statement we
just made which I support. I think it ought to be in there. If it goes in the comp plan, whether the Board
of Commissioners approve it or not is not relative? Doesn't this board have to approve it, period?
MS. STUDENT-STIRLING: The Planning Commission makes the recommendations on the plans
to the Board of County Commissioners. And then the Board of County Commissioners chooses to __
whether or not to take those recommendations and adopt the comp plan. So the final authority is on the
Board of County Commissioners.
COMMISSIONER KOLFLAT: I misunderstood that.
CHAIRMAN STRAIN: Okay. Do we have any concerns over the changing -- adding the word
"may" to Policy 1.4?
COMMISSIONER MIDNEY: No concern.
MS. FERNANDEZ: Excuse me. For the record, Nicole Fernandez. I just would like to add that it
reads further, Which include but are not limited to density bonus agreement, et cetera, et cetera. So
would you like us to delete "but are not limited to?"
COMMISSIONER CARON: No. No. I want both of them in there. Because I don't want it to be
limited in any way. Believe me. And the way it reads now, you could include other things, but you
would also have to include or you would be expected to include density bonuses and impact-fee
deferrals. You might do something else in addition, but you would be expected to do those things as
well. So I don't want it to be limited that way. Maybe we don't give any density bonuses. Maybe it's
totally something that's not even listed there or maybe it's a combination.
CHAIRMAN STRAIN: Do you have anything?
Page 4, any questions on page 4?
Mr. Schiffer.
COMMISSIONER SCHIFFER: 2.5, I don't like the idea of crossing out the other housing. I think
Collier County should continue to -- this is an important thing. This would reduce the cost of all
housing. Reduce the cost of all housing might even help that poor affordable burdened millionaire. So I
definitely don't think that -- I think that should maybe read, Processing time of cost of housing and
affordable housing and keep into identified areas to be streamlined. If you could bold that last statement,
I'd be happy.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: On Policies 2.3,2.4 and 2.5 and perhaps subsequently, I haven't
looked yet. You're using "and city staff," yet earlier we spoke about your municipalities. Is consistency
desirable there? Under Policy 1.2 we spoke about Collier County and its municipalities. Or is this very
specific to the city in this particular case?
MR. GIBLIN: Again, where are you?
COMMISSIONER MURRAY: Okay. I'm looking at -- on page 4, Policies 2.3, 2.4 and 2.5. And it
says, Collier County and city staff. And it says, Collier County and the city -- and the city; however, if
you go back to page 2 and you look at it where in Policy 1.2 you say, Collier County and its
municipalities. I'm just wondering for consistency.
MR. GIBLIN: Yeah, we can -- we can do that.
COMMISSIONER MURRAY: Okay.
MR. GIBLIN: The interlocal agreement we have with both cities reference a lot of these things.
COMMISSIONER MURRAY: So it makes sense; right?
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MR. GIBLIN: Yes.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Okay. Page 5.
COMMISSIONER SCHIFFER: Page 5.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: The density bonus system, you want to just periodically review it
or -- or how is that being reviewed? Obviously, that's become how we decide we're going to get private
industry to participate. Or this might be the only thing we're using to get private industry to participate.
I'm not comfortable leaving it where it isn't periodically adjusted.
And also I think there should be a way that we kind of see what's even happening. We've had
petitions come through here. We're -- there's no score card. There's no way of seeing what really -- how
it is being used, how often and stuff.
CHAIRMAN STRAIN: Well, that's the -- the first one you're suggesting is use something more
specific than the word "periodically"; is that correct?
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: Okay. Could you look at doing that and bring us back a corrective
language on the 30th?
COMMISSIONER SCHIFFER: And I think because of the problem we have now, at least every
year, if not less.
CHAIRMAN STRAIN: Okay. Is there anything else on that page?
Mr. Murray.
COMMISSIONER MURRAY: Okay. Going to Policy 2.10 just a wordsmithing thing, I think.
And it starts out, the Collier County operations support. If you go down to the third line toward the end
where it says, urban designated areas, comma. I believe the word, "its" rural residence is appropriate
there.
But more importantly I think under 2.11, consistent with the county's concurrency management
system, my question I wrote to myself, would you ever say no? There have been times when you have
brought forward requests for approvals that were inconsistent with the county -- county's concurrency
management program because it was a need that was deemed to be more significant or at least equal to
the contradicting or conflicting issues.
So I'm not trying to put you on the spot, but I'm wondering in that case, will continue to coordinate,
local utility provides and ensure the necessary infrastructure, I'm not really clear what you're saying
there. Consistent with county's concurrency management system. Is it -- is it that you -- you -- if you
were talking about building in an area where the infrastructure was not there, you would say no?
MR. GIBLIN: I think that's the intent of this is that we wouldn't allow a very large affordable
housing development to be located somewhere that isn't on water or sewer infrastructure services.
COMMISSIONER MURRAY: Need you say that, the LDC would cover that, would it not?
MR. GIBLIN: Or what,.- but -- but more specifically I think what this policy is saying that we will
do is encourage it or encourage either those developments be located where those services exist or bring
the services out to where the affordable housing is going to be.
CHAIRMAN STRAIN: Provide more incentives.
COMMISSIONER MURRAY: Okay. If everybody else is satisfied with it. I just had the question.
Thank you.
CHAIRMAN STRAIN: Cormac, back to the first paragraph, the second sentence. The purpose of
the affordable housing density bonus ordinance shall be to encourage the blending of affordable housing
density bonus units into market-rate developments. Would that by the words "shall be to," because those
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are pretty strong road -- words, does that eliminate the impossibility of stand-alone affordable housing
communities, that being able to benefit from that housing density bonus ordinance?
MR. GIBLIN: Well, I think that the purpose of the density bonus -- I think -- I think the sentence is
correct, but it also should not -- I agree with you. We should not preclude the opportunity of 100 percent
affordable development be built.
CHAIRMAN STRAIN: Right. Well, that's what I think by the words "shall be" to encourage. I'm
wondering if it can be used for more than just what it's intended to be, shall be encouraged to be. So
with that, you may want to look at modifying that language to accommodate the ability of stand-alone
projects.
COMMISSIONER MURRAY: How about "is to encourage"?
CHAIRMAN STRAIN: Well, they can come back with some kind -- on the 30th if that's okay.
COMMISSIONER MURRAY: Sure.
COMMISSIONER SCHIFFER: Mr. Chairman, on that point?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Maybe we do want to avoid stand-alone projects. I mean, some of
the failure of affordable housing in other areas and we are kind of new, we don't want to make the same
mistakes other ones had is exactly that.
MR. GIBLIN: I appreciate what you're saying, Commissioner. But what -- a stand-alone affordable
housing development may be a Habitat For Humanity community or, you know, or a low-income
housing tax credit rental development. And it is -- it is kind of imperative that those two type scenarios
be all affordable.
COMMISSIONER SCHIFFER: But it could also be Bedford Stivenson (phonetic) and we don't
want to tear it down. I don't know. I mean, I guess we could do that through our review process to
prevent the dangerous housing.
CHAIRMAN STRAIN: I think as a concept we wouldn't want to necessarily make it impossible to
do that, but then through other implementation we can make sure it's done right, at least the best anybody
can.
Any questions on page 6?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Okay. Mr. Schiffer.
COMMISSIONER SCHIFFER: Just a question, the Policy 3.5 initiating an Old Naples study. Is
that something we're supposed to be doing or --
MR. GIBLIN: No, sir. Those are City of Naples policies.
COMMISSIONER SCHIFFER: But wouldn't -- I mean, are they in our comp plan or do they --
okay. So they're a subset of our --
MR. GIBLIN: Yes.
COMMISSIONER SCHIFFER: All right. Up at the -- the policy you're deleting which is old 3.11,
why wouldn't we want some system of at least inspection or something? Remember Naples had a
problem with after the storm repairs weren't made. Affordable housing units were being abandoned or
being -- people were being evicted from them. Wouldn't we want to prevent that?
MR. GIBLIN: I'm sorry. Which policy are you --
COMMISSIONER SCHIFFER: It's old 3.11. You're trying to cross it all out.
CHAIRMAN STRAIN: I think we're on page 6. Is that -- that one -- you're on the next page?
COMMISSIONER SCHIFFER: I went up to the next page. Sorry.
CHAIRMAN STRAIN: Okay. Let's just finish page 6.
COMMISSIONER SCHIFFER: Okay.
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CHAIRMAN STRAIN: Otherwise we'll be all over the place. Anybody else got any questions for
page 6?
(No response.)
CHAIRMAN STRAIN: Well, that's great. Sorry, Brad.
MR. COHEN: Can I -- can I get a verification on -- on -- on page 5 under Policy 2.10. Mr. Murray
made a reference to having the word "its" in front of rural residence. I don't think that was the intent of
that policy. I think it was trying to be all-inclusive with respect to addressing residents in urban
designated areas as well as the rural residents and also farm worker families. I think it's an all-inclusive
sentence.
COMMISSIONER MURRAY: That's true. So you think it's superfluous?
MR. COHEN: I -- I think the intent there was to -- was to address and provide affordable housing,
in essence, from what I can read from that, almost countywide. And Cormac can correct me if I'm
wrong.
MR. GIBLIN: That is the intent.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, Mr. Weeks.
MR. WEEKS: The sentence structure I think is improper there. On that Policy 2.10, the third line
we state, Affordable housing to residents of the county's urban area -- areas, and then we say rural
residents. We should say rural areas.
CHAIRMAN STRAIN: Uh-huh.
COMMISSIONER MURRAY: Okay.
MR. COHEN: And I think that would --
CHAIRMAN STRAIN: That would fix it.
COMMISSIONER MURRAY: That's what jumped -- somewhere jumped out, yes.
CHAIRMAN STRAIN: Okay. Thank you, Mr. Cohen.
Now we're on page 7. Mr. Schiffer, I think you wanted to follow up on your conversation.
COMMISSIONER SCHIFFER: Yes. Cormac, why are we taking that other -- I think we should --
and I think we should be proactive in the -- the maintenance and inspection of these units.
MR. GIBLIN: Again, this is the City of Naples policy and it was my understanding that they had
accomplished that by a 1999 statement.
COMMISSIONER SCHIFFER: Well, then can we write, The city shall continue or something? I
mean, why -- I mean, normally what we've done when we've accomplished it, we worded it to be an
ongoing thing, not crossed it out.
MS. FERNANDEZ: Nicole Fernandez for the record.
We did have communication with the City of Naples and they did indicate that that had been
accomplished and they've adopted a maintenance code. However, we can contact them again and -- and
get direction for them also.
COMMISSIONER SCHIFFER: I think we should have something in there that it's continuing.
CHAIRMAN STRAIN: Why don't you get together with the city and come back with some
proposed language after your conversation with them? Ask them for the 250 units.
COMMISSIONER SCHIFFER: Yeah. Ask them for the 250 after you go through this.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: I have a question about 3.6. What's the intent of that paragraph?
What are we trying to get at about the large homes on small lots?
MS. FERNANDEZ: Again, Nicole Fernandez for the record.
That was based on direction from the City of Naples. They used to use the language "mega houses."
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They no longer use that terminology. And have directed us to change it to larger homes on smaller lots.
COMMISSIONER MIDNEY: And what are we trying to accomplish by looking at those impacts?
COMMISSIONER CARON: Stormwater issues primarily.
COMMISSIONER SCHIFFER: And trying to avoid housing envy.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Okay. Are we finished with that particular question? Could you
bring me down to Objective 4 under County Policies. Just a recommendation back to municipalities
again. And then also the word "periodically." Would -- would yearly for accurate numbers be effective
there as opposed to periodically? Are you constrained in any way? How often do, in fact, you do this?
MR. GIBLIN: That's -- Commissioner, that's where I was going. You know, a comprehensive
housing survey may take eight or nine months on its own so --
COMMISSIONER MURRAY: Yeah.
MR. GIBLIN: -- to finish one and then start again a couple months later might -- might be too much
studying the problem.
COMMISSIONER MURRAY: But how -- if you are required to make up dates each year you--
wouldn't you want to have a confidence that the Schinberg information and other factors which you said
Schinberg is not all inclusive of your statistical base, you have other components that have been added
and, therefore, you have a potential. Wouldn't you want to have -- maybe twice, maybe every two years?
I mean, what I'm driving at and I'm not trying to tell you how to make your operation run, but it would
seem to me you'd want to be more clear than periodically because what is periodically?
MR. GIBLIN: Let me ask a question. When you say we're going to be updating every year, getting
-- updating what every year?
COMMISSIONER MURRAY: You know those units, the 30,000 units that you -- that information
comes to you -- part of that would be associated with this, would it not?
MR. GIBLIN: In an indirect way. I mean, this would identify those units that are falling off ofthe
-- you know, that are being dilapidated or repaired.
COMMISSIONER MURRAY: Which would tell you how important it is to get your number -- I
mean, in some way it's part of the total package. I recognize these are all burdens in terms of workload,
but I would think you'd want to be more clear than periodically unless you want to say -- well, it's your
choice. I mean --
CHAIRMAN STRAIN: Why don't -- why don't they come -- why don't you let -- why don't staff
come back on the 30th with a clean -- we've asked for the word "periodically" in other areas to be
cleaned up. Why don't you look it over and come back with a suggestion to clean that verbiage up?
COMMISSIONER MURRAY: And I also had in that same paragraph at the end of it, what is -- my
question, what has been the history, the success rate? Because you have my yellow here is, shall be
reduced by 5 percent per year through rehabilitation or demolition. Have you actually achieved your 5
percent?
MR. GIBLIN: Yes, sir.
COMMISSIONER MURRAY: And you've exceeded it hopefully?
MR. GIBLIN: Yes. We've had conversation with code enforcement again.
COMMISSIONER MURRAY: Terrific.
MR. GIBLIN: We have a very extensive -- a lot of the information that's presented here in this
chamber needs to -- has to do with new housing or new developments or -- or incentives for -- for new
homeownership. But fully about half of the staff in -- in our department is dedicated to homeowner
repairs and rehab and rehabilitation.
COMMISSIONER MURRAY: And some of these same people are the ones that need the right
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homes, the new homes.
CHAIRMAN STRAIN: Mr. Adelstein.
COMMISSIONER ADELSTEIN: I'm just not sure with this statement, within certain targeted
areas. What are you trying to say there?
MR. GIBLIN: We're saying that we can't undertake a housing study of the entire county at one time.
So it would target certain areas, be it -- we've recently done a specific housing study for the Immokalee
community.
COMMISSIONER ADELSTEIN: For some -- for some reason the word in this thing, the word
"targeting" is rather offensive. And I don't think there's any reason in any area. You don't need to label
it with a target.
MR. GIBLIN: What this -- that language specifically is also included in what we call our -- our--
our CDBG action plan. We have specific targeted neighborhoods, targeted areas.
COMMISSIONER ADELSTEIN: Specific areas is the same thing. You have a specific area in
mind. I'm only saying leave out the word "targeted." You don't need it.
MR. GIBLIN: The word "targeted" area, the term "targeted area" is a term that we use in other
documents and they are specifically enumerated. I under -- I under -- I know what you're saying, that it
has a certain connotation to it.
COMMISSIONER ADELSTEIN: Yes. And you can have them and all you have to do is still say--
you're making the statement. You know what you want. So to just say certain targeted areas would
accomplish the same thing because you know you're targeted. Just not being in writing. At least that's
what I feel.
CHAIRMAN STRAIN: I'm sure you guys will cogitate on it for a little bit before you come back
here March 30th.
The Policy 4.1 where you utilize the periodic comprehensive housing inventory, since you reference
the housing inventory in the prior paragraph, could you just simply say, Utilizing the most recent
comprehensive housing inventory? Because you're going to redefine the word up above.
MR. GIBLIN: Yes, sir.
CHAIRMAN STRAIN: Page 8, any questions?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Cormac, since the last time we did this -- this was done seven years
ago, Marco's become a city. Is that why -- how come we're not including this as a city, just Naples?
Should we not be -- or should "city" be pleural?
MR. GIBLIN: It really depends on where in the document we're talking about.
COMMISSIONER SCHIFFER: Right in this area here (indicating). In other words, obviously
when this was written the City of Naples existed so we, therefore, shared comprehensive wording. But
should we -- what should we be -- how do we handle Marco? Are we going to handle it the same way or
are we going to --
MR. GIBLIN: Well, in some instances it is applicable to say Collier County and its municipalities
has been identified. But some instances as where we define city policies --
COMMISSIONER MURRAY: Right.
MR. GIBLIN: -- would be specific only to the City of Naples.
COMMISSIONER SCHIFFER: But does the City of Marco have a similar policy?
MR. GIBLIN: No, they don't.
COMMISSIONER SCHIFFER: So they don't have a housing policy?
MR. GIBLIN: Their policy is to piggyback onto the county's policy.
CHAIRMAN STRAIN: But they don't because they simply give us $125,000 a year?
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March 16, 2006
MR. GIBLIN: Yeah. That's how they accomplish that.
COMMISSIONER SCHIFFER: That's how they buy in.
MR. WEEKS: Mr. Chairman, the distinction is the City of Naples and Collier County agreed back
in 1989 and continues to have a joint housing element. And that's why we have specific policies as
you're seeing here for the City of Naples and then those that apply to the county or to both. But the City
of Marco Island and Everglades City do not have such a joint element with us.
CHAIRMAN STRAIN: Well, that explains it. I'm not sure it makes it right, but it does explain it.
COMMISSIONER SCHIFFER: Have you approached them to get them to come in and join in these
policies or are they --
COMMISSIONER VIGLIOTTI: For David, if that is combined and they request those funds
together, now don't they get more money back by cooperating with us? So, actually, they make more
money than they actually spend out or at least it used to work -- by joining with the counties, they end up
getting more funds back. The county does. The county can give them more money than they actually
put in.
MR. GIBLIN: That has to do with our federal entitlement funds, the CDBG program. The City of
Naples used to have to apply for CDBG funding on its own. And then by combining their population
with the county's and making it a unified approach to the -- to the Federal Government we are able to __
actually they were -- you're right. They're able to get more than they were -- than they had previously.
CHAIRMAN STRAIN: Mr. Schiffer had not finished his question.
COMMISSIONER SCHIFFER: I was just saying, have you approached Marco to get them to
maybe join in with this? I mean, why aren't the -- why aren't they -- I mean, obviously they weren't
covered by this prior. When they incorporated they abandoned these objectives or do they have their own
comp plan or how are they doing it?
MR. GIBLIN: They have their own comp plan. What they don't have, I believe is they don't have
their own housing element. Their housing element is accomplished by partnering with the county.
COMMISSIONER SCHIFFER: All right. Thank you.
CHAIRMAN STRAIN: Okay. Is there any other?
Mr. Murray.
COMMISSIONER MURRAY: Are we still on page 8?
CHAIRMAN STRAIN: Yes, we are.
COMMISSIONER MURRAY: Okay. On 4.3, again, periodically. And that's the relocation policy
of the city and the county. Wouldn't you say the county and its municipality?
MR. GIBLIN: Yes, sir.
COMMISSIONER MURRAY: And I also have under 4.4 my question to myself, How does that fit
with spreading it around? Let's see what I meant. In the event of an actual replacement -- okay. I think
we've covered that issue. It's beat to death. Okay.
CHAIRMAN STRAIN: Okay. Move on to page 9. Any questions on page 9?
Mr. Adelstein.
COMMISSIONER ADELSTEIN: 5.2, periodically again.
MR. GIBLIN: Okay.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: And, again, under Objective 5, since you're still under county,
would be Collier County and its municipality? Would that be appropriate here?
MR. GIBLIN: Yes.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: I tell you what, from here on and the rest of this element, anywhere where
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you see the word "county" and the "city," could you just automatically check it before the 30th to add--
add the language that Mr. Murray's saying that we haven't got a --
COMMISSIONER ADELSTEIN: And periodically.
CHAIRMAN STRAIN: -- and periodically. So there. Those two are done. Okay? Any other thing
on page 9?
Mr. -- Mr. Midney.
COMMISSIONER MIDNEY: 4.7, why was that eliminated?
MS. FERNANDEZ: For the record, Nicole Fernandez.
For the EAR report it was moved to Policy 8.2 in an effort to provide updated information regarding
the Immokalee area.
CHAIRMAN STRAIN: Okay? Okay. Let's move on to page 10. Any questions on page 10?
COMMISSIONER MURRAY: I'm almost afraid to say. All right. No. I'll pass on this.
CHAIRMAN STRAIN: We took all the city out of it, huh?
COMMISSIONER MURRAY: Actually, on page 10 I could bring you an Objective 6. Should it be
Collier County shall or is will -- what is the will of Collier County to do this.
MR. GIBLIN: Yeah.
CHAIRMAN STRAIN: Shall.
COMMISSIONER MURRAY: Okay. And up at 5.6, the last sentence. The survey shall also
review and make similar recommendations regarding any previously unidentified historic structures or
sites, were any other have been previously identified and recorded. We've achieved some ofthat goal?
MS. FERNANDEZ: I'm not aware of -- of anything.
COMMISSIONER MURRAY: Okay. So that's -- that's unknown. But by 2008 we're going to do
it. Okay.
CHAIRMAN STRAIN: Okay. Page 11.
COMMISSIONER SCHIFFER: I've got one, Mark.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Just looking up at 6.2. Make sure we can still do foster homes. I'm
sorry. 6.4. The way we worded that, it's still that they'll be allowed. I mean, shall be allowed. I mean,
it's a permitted use as governed by the Land Development Code. I mean, you're crossing out "will be
allowed," but the way you did it, Collier County shall allow. I'm just kind of talking out loud. I just want
to make sure they're still allowed.
MS. FERNANDEZ: Yes, it is. That was just simple wordsmithing.
COMMISSIONER SCHIFFER: Okay. All right. Thank you.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: I think you need on Policy 6.4, check the phrase too. The current phrase is group
homes and foster care facilities. But I think group care facilities, if I'm not mistaken, is the correct
terminology to correlate with that Florida statute. I know in the future land use element we used that
term. We could -- we could just check with the County Attorney's Office.
MS. STUDENT-STIRLING: Yeah. That -- whatever the terminology is in the statute should be
consistent with it.
CHAIRMAN STRAIN: Okay. Mr. Kolflat.
COMMISSIONER KOLFLA T: Under Objective 7, we talk about mobile home developments. Is
there -- what about premanufactured homes in the high-hazard area?
CHAIRMAN STRAIN: You need to pull your mic a little closer to you, Mr. Kolflat. Thank you.
COMMISSIONER KOLFLA T: Objective 7 it just talks about mobile home developments. And
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one of my questions, what about premanufactured home developments in the high-hazard area? Isn't that
also a problem?
MR. GIBLIN: Commissioner, there -- there are different levels when you say premanufactured
homes. Some are certified as -- to the Department of Community Affairs specifications. And those __
COMMISSIONER KOLFLA T: I'm thinking about the ones that blow apart in a hurricane.
COMMISSIONER SCHIFFER: Well, some hurricanes that's all homes. But the mobile home is
not a permanent structure. That would be covered by the building code. So, in other words, if you did
make a premanufactured home in Florida, it would have to meet the building code. It's not a lesser
standard. A mobile home is governed by the transportation department. That's a lesser standard.
CHAIRMAN STRAIN: That's correct. Mr. Adelstein.
COMMISSIONER ADELSTEIN: 8.1, is that brand new or is that something that's been going on?
It says -- when was the last time this was actually done?
MR. GIBLIN: That is an ongoing policy.
COMMISSIONER ADELSTEIN: It's been ongoing?
MR. GIBLIN: Yes, sir. We've done that through our Immokalee initiative and through code
enforcement sweeps in that area. And the board actually has a workshop scheduled later on next month.
COMMISSIONER ADELSTEIN: I want to make sure.
MR. GIBLIN: It's an ongoing policy.
CHAIRMAN STRAIN: Okay. Hearing no other questions, we'll go on to page 13.
Mr. Murray.
COMMISSIONER MURRAY: Policy 8.6, I have a question here. Just for the record, do all of
these folks have to be citizens?
CHAIRMAN STRAIN: I had the same notation.
COMMISSIONER ADELSTEIN : Yes.
CHAIRMAN STRAIN: You just resolved me a question.
COMMISSIONER MURRAY: We haven't talked.
CHAIRMAN STRAIN: I know.
COMMISSIONER ADELSTEIN: Okay, you guys. Two words.
MR. GIBLIN: It depends on what -- which funding source is used. Certain federal funding sources
require not citizenship but legal residents and others do not.
COMMISSIONER MIDNEY: Permanent legal residents.
MR. GIBLIN: The -- a good example of this would be the dormitory built in Immokalee, a
dormitory was used using funding sources through the U.S. Department of Agriculture that don't require
legal residency. Other developments that -- that we've partnered in use sources that do require legal
residency. So this -- this policy is -- could be used for either.
COMMISSIONER MURRAY: You have a great job.
COMMISSIONER ADELSTEIN: You mean we actually would open our units to unlegal element
-- people, not legal, you mean?
MR. GIBLIN: When you say our units, I'm not sure. I mean, again, Collier County doesn't own any
uni ts.
COMMISSIONER ADELSTEIN: I know, but any of the units in Collier County, some of them
could be used by people who are not legal, a legal in the state?
MR. GIBLIN: Some -- some could depending on the restrictions that come with the funding.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: I'd like to make a comment about that. The reason for that is that the
reality is that there are a lot of farm workers who don't have legal documentation. And if they don't--
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right now they're just being crowded, horribly crowded into any kind of living conditions at all. And it's
a -- it's an improvement for the community that these people have somewhat decent housing.
COMMISSIONER MURRAY: May I just respond to that?
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Under no circumstance should it ever consider that I am negative
toward the humanity. I just sometimes try to square off what the law represents and what we intend to
represent. And I just want to have it clear. Sometimes I'll provoke issues just for the purpose of
reminding ourselves about where we are.
MR. GIBLIN: Commissioners, especially after the Hurricane Wilma disaster in Immokalee, I
attended several meetings out there. And of course the primary housing agency or the primary funding
agency after a hurricane is FEMA. FEMA will not house or pay for housing for undocumented or illegal
residents. And so there was a huge unmet need in Immokalee of people who are here who couldn't be
helped using those programs. So, you know, it is a dual-edged sword.
CHAIRMAN STRAIN: Any other questions on page 13?
Mr. Midney.
COMMISSIONER MIDNEY: Yeah. I had a -- not on that -- not on the issue we've already done,
but on 8.6. The last sentence, The county anticipates that 100 farm workers per year will become
homeowners. For a planning document, I don't think it's really correct for us to use what's going to be
anticipated. It almost seems like we're trying to brag about what's going to happen. I don't think that the
intent of that would be diminished if you just remove the last sentence.
CHAIRMAN STRAIN: Works for me.
COMMISSIONER MIDNEY: Planning means something that we're actually going to do or
promote. It doesn't really matter what we anticipate is going to happen.
COMMISSIONER ADELSTEIN: Absolutely.
CHAIRMAN STRAIN: How's that sit with you, Cormac?
MR. GIBLIN: I -- I understand the comment.
CHAIRMAN STRAIN: How's it sit with the rest ofthe board? Anybody have a concern over that?
COMMISSIONER SCHIFFER: I might want to do 120.
CHAIRMAN STRAIN: Okay. Any other questions on page 13? I have one up on top. Cormac,
the last sentence, you have the word "observed." Why?
MR. GIBLIN: That -- that deals with the housing survey. And so it was talking about things that
were observed.
CHAIRMAN STRAIN: But couldn't you just say the program is to correct conditions and leave out
the word "observed"? I mean, what if they don't observe the condition. Doesn't it have to be corrected?
MR. GIBLIN: No. It would be, but we wouldn't know -- necessarily know about it if we --
CHAIRMAN STRAIN: Or someone could have reported it and it wasn't observed by the person
making the inspection. That's the only reason I'm bringing it up.
Okay. I think that wraps up the housing element. Thank you very much.
Ms. Ford, I think I'm going to prove that I misled you earlier. I think we're going to be here longer
than we thought. We can take a break now before we get going on the parks and rec or we can come
back -- or we can go for the next parks and recs element. Anybody?
Why don't we take a IS-minute break, give the court reporter a break and come back in 15 minutes
from now, 3:41 -- 2:41. I'm sorry. Thank you.
(Short recess was taken.)
CHAIRMAN STRAIN: Thank you, David. Okay. We'll resume our meeting and we'll be starting
with the recreational element, recreational open space element. Unless staff has an objection, we'll just
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work through the pages like we have the rest of it.
MR. SCHMITT: No objection, Mr. Chairman. But I'd like to note one thing.
CHAIRMAN STRAIN: Your name for the record, I bet.
MR. SCHMITT: For the record, Corby Schmitt, senior planner.
CHAIRMAN STRAIN: Thank you.
MR. SCHMITT: In your summary under Recreational and Open Space Element is a comment from
staff.
COMMISSIONER MURRAY: Would you bring the microphone closer, please.
MR. SCHMITT: I certainly can.
COMMISSIONER MURRAY: Thank you.
MR. SCHMITT: And that misdirects you to some extent. The change or the correction has not
been made in the recreation and open space element. It's actually been made to the numbers that appear
in the capital improvements element.
CHAIRMAN STRAIN: Can you refer us to specific language on page 1 that you're talking about?
MR. SCHMITT: I'm sorry. It's actually page 4 in the summary.
COMMISSIONER MURRAY: In the summary?
CHAIRMAN STRAIN: Summary? We're working right off the elements. Your summaries are
nice, but I think the elements are more accurate. Do we have a need to go back to the summary when
we're going to hopefully revisit the issue --
MR. SCHMITT: Ifit doesn't become an issue, there's no need now.
CHAIRMAN STRAIN: Good. You could have really had us going down a dark path leading us
back there. Let's start with page 1, then. We're on the recreation open space element. Does anybody
have any comments on page 1 ?
COMMISSIONER KOLFLA T: I have -- I have a question.
CHAIRMAN STRAIN: Mr. Kolflat.
COMMISSIONER KOLFLAT: I have a question on -- golf is a very significant recreational activity
in Collier County from what I read. There are many, many golf courses per capita. Is there any thought
of addressing that subject as to the preservation or the encouragement of development and perpetuation
of golf courses in the community as a recreational facility?
MS. TOWNSEND: Amanda Townsend, operations analyst with parks and recreation.
At this time -- I'm -- let me ask you to clarify -- clarify your question. Would that be public golf
courses or golf courses available to the public or --
COMMISSIONER KOLFLA T: Golf courses as a recreation that they would be looked upon
favorably.
MS. TOWNSEND: At this time the position of the parks and recreation department is that there are
many privately owned golf courses in the community, some open to the public, some not. And that the
need of the community is met through private ownership at this time. The parks and recreation
department has at other times looked at publicly owned golf courses, but currently there is nothing in our
planning to.
COMMISSIONER KOLFLAT: But even if they're privately owned, they are subject to zoning--
zoning requirements, aren't they?
MS. TOWNSEND: Yes, sir.
COMMISSIONER KOLFLA T: All right.
CHAIRMAN STRAIN: Okay. Are there any other questions on page I?
Mr. Schiffer.
COMMISSIONER SCHIFFER: And just a question. Lands that are purchased through
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Conservation Collier, do they show up in this element?
MS. TOWNSEND: No, sir.
COMMISSIONER SCHIFFER: So--
MS. TOWNSEND: Conservation Collier lands are currently not included in parks and recreation,
either community or regional park inventories.
COMMISSIONER SCHIFFER: They're just pure conservation and --
MS. TOWNSEND: That is correct.
COMMISSIONER SCHIFFER: -- with public access to them?
MS. TOWNSEND: That is correct.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Hearing none we'll move on to page 2. Any questions on page 2?
I guess by information, that 270 per capita was actually voted in Tuesday, wasn't it?
MS. TOWNSEND: I know that --
CHAIRMAN STRAIN: For parks and recreation?
MS. TOWNSEND: -- I know that it was improved -- approved in the AUIR process. Tuesday--
Tuesday the --
CHAIRMAN STRAIN: Impact.
MS. TOWNSEND: -- the impact fee was approved. That's correct.
CHAIRMAN STRAIN: That's correct. Any questions on page 2?
MS. TOWNSEND: I'll note one small change on page 2. Policy 1.1.1 (C 1) will end county
population, end parens, weighted.
CHAIRMAN STRAIN: Well, I had circled that and asked -- my question is, what population and
you've just answered that single question. Thank you.
Any questions on page 3?
MS. TOWNSEND: I have one small revision for page 3.
CHAIRMAN STRAIN: Okay.
MS. TOWNSEND: In addition to the list under Policy 1.4.2, Rookery Bay National Estuary and
Research Reserve.
CHAIRMAN STRAIN: On your Policy 1.4.1, you -- it says, Through the land development review
process, Collier County shall continue to encourage developers to provide recreation sites.
Are you referencing public or private sites?
MS. TOWNSEND: Private.
CHAIRMAN STRAIN: Okay. Well, how are you establishing a level of service for those? I mean,
how --
MS. TOWNSEND: There is no level of service established for neighborhood parks which is -- is
what this would refer to.
CHAIRMAN STRAIN: Right. And how do we hold the developer to require them?
MS. TOWNSEND: The parks and recreation department participates in PUD document review.
CHAIRMAN STRAIN: I know that. But if a ten-acre unit comes in, do they say they want nine
acres in parks versus a 4,000 acre unit, do they want one acre in parks? How do -- where's the -- how is
that getting worked out?
MS. TOWNSEND: I apologize, but I don't participate in that review process. And so what exact
formula is used as far as acres per population within the -- within the PUD, I do not know.
CHAIRMAN STRAIN: Okay. Well, I'm concerned about that policy especially with the word
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"encourage" not having anything tied to it. I'd like -- I'd certainly like on the 30th that to be clarified.
MS. TOWNSEND: Most definitely.
MR. COHEN: Mr. Chairman--
CHAIRMAN STRAIN: Yes.
MR. COHEN: -- for the record, in -- in reading the second sentence of that particular provision
which has the tie-in to the capital improvement element, obviously, the intent of that policy as written is
not to provide just for -- for private parks. I think parks and recreation needs to take a look at the -- the
policy in it's entirety.
CHAIRMAN STRAIN: And my second comment was leading up to that, Randy. And I was hoping
someone would answer in a more leading response then I would have a -- basically, if you're requiring
these parks, if they're public, then they need to be included in the AUIR capacities established for how
many park acreages we have. Because that certainly will reduce the amount of parks needed and save
taxpayers substantial amounts of money.
MS. TOWNSEND: Most certainly if they are public, they will be included in the inventory.
CHAIRMAN STRAIN: Okay. Then I think that on the 30th if we could get clarification on that
paragraph, that would certainly help.
COMMISSIONER SCHIFFER: Mark, on that same point.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: When a private developer establishes a park within this
community, does he get a reduction in impact fees both for parks and rec or --
MS. TOWNSEND: Not that I am aware of.
MR. COHEN: For the record, I think it depends. If it's a private park, the answer would be no. If
it's a neighborhood park because that's not included within our impact fee network, the answer would
also be no. If you're dealing with community parks and regional parks, then they would be looked upon
from a credit perspective.
CHAIRMAN STRAIN: Okay. But at the same time ifthey're being required to create them, they're
being created because there obviously is a need, if that need is met or helps reduce __
MR. COHEN: Right.
CHAIRMAN STRAIN: -- the need for those people to leave that area and go to another county
park, then by all means, those neighborhood parks need to be included in all of our recreational elements
in the AUIR calculation.
MR. COHEN: And -- and Ms. Townsend earlier indicated, there -- there is not a neighborhood park
criteria within the AUIR. All we address is community parks and regional parks. And there's -- there's
no -- there's no calculation for neighborhood parks, whether it's in the impact fee network or in the AUIR
itself.
CHAIRMAN STRAIN: I understand that. That's kind of where this paragraph is leading to. If
you're going to encourage someone to do something, you need to establish the criteria. I'd like to know
what that is before we go ahead and recommend this as okay. That's the only where -- that's the only
thing I'm trying to find out is some clarification on the ultimate intent there.
Brad.
COMMISSIONER SCHIFFER: And let me try the same thing simpler, though. The county has,
let's say, tennis courts so much per capita. If the development itself provides it, do you reduce it from
the per capita? In other words, can we assume that the people within the development are taken off of
the population for that per capita --
MS. TOWNSEND: Yes. Yes. I -- during the AUIR process, Marla Ramsey developed a matrix
that I don't know if she shared with this board, but I know she did with the BCC. And it basically looks
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at a -- we have a set of guidelines. We use the statewide Comprehensive Outdoor Recreation Planning
Guide as a tool. Also the national standards from National Recreation and Parks Association as a tool to
establish for each different type of facilities. Say, tennis courts or shuffle board courts or Bocce courts,
et cetera, a number per thousand of population that would be appropriate. And we do adjust those
recommendations that come from the state and national standards in accordance with our community
trends.
So, for example, ifthere is a state or a national suggestion of a level-of-service guideline that is
considered -- that is met within our community through -- through what is offered privately, then we may
reduce our guideline for that.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: If there's no other questions on three, let's move to four.
Mr. Murray and Mr. Schiffer.
COMMISSIONER MURRAY: In Policy 1.5.1 you end the second sentence with, On an annual
basis. Would an inventory be appropriate more as a continuous basis?
MS. TOWNSEND: I do believe you're correct. This is an initiative that the parks and recreation
department will be beginning in earnest very soon to -- to keep that kind of inventory so that the matrix
that I just explained to you on a facility-by- facility basis becomes more meaningful.
Up to this point it's been very difficult for us to inventory all the recreational facilities that are
privately owned or privately offered. And -- and, yes, that will be an effort that we will start to do on a
continuous basis.
COMMISSIONER MURRAY: So you can either use continuous or continuing? That's what you
would change it to?
MS. TOWNSEND: Yes.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: That was actually my question too. My suggestion was is kill the
last sentence and then up at the front, Collier County shall maintain a current inventory of recreation.
And then I think that, should we start putting these things on web sites and stuff so -- so that everybody
can have access to it currently too? Is it on a web site somewhere?
MS. TOWNSEND: No, it is not.
COMMISSIONER SCHIFFER: I mean, could the GMP make people put stuff on a web site or is
that an LDC --
CHAIRMAN STRAIN: Well, I think from what we've seen and the elements reviewed it doesn't
make people do anything because most of the deadlines haven't been reached. But I think you can
probably request that there be some kind of language in here that allows some public dissemination of
information. We've done it. We just got off discussing that with solid waste, for example, where they
are going to have public recommendations or whatever. Maybe there's some language that could be
added here to open up the statistics of our park system to the public through a web site?
MR. COHEN: I think -- I think a more general direction, you know, from -- in recommendation
from this body as well as the board to -- to the parks and recreation department to maintain, just like we
do on our web site, you know, an updated plan or an inventory on their web site would be more
appropriate rather than putting it in the plan itself.
CHAIRMAN STRAIN: Well, I understand what you're saying. I'm not sure direction or request is
how much strong of a policy that would we help, but why don't you find out if it's possible and have
someone get back to us and let us know.
MR. COHEN: We'll-- we'll take a look at it.
COMMISSIONER MURRAY: Can I have my balance of question?
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CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER MURRAY: And on Objective 2.1 it says, By the year 2010 the county parks and
recreation department will develop a neighborhood park plan to identify general areas where
neighborhoods might request sites for future neighborhood parks.
Now, it's not in the level of service. It's essentially intended to be in developments or communities.
I -- I don't understand what this will get you or what you are trying to achieve, then.
MS. TOWNSEND: In fact, that was the change that I was going to mention to this board. I believe
that we will be taking out a reference to a neighborhood park plan in both Objective 2.1 and Policy 2.11.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: If you take out Neighborhood Park Plan in 2.12, then it would read, To
provide an open space area that is suitable for use -- how would you read that or is the whole paragraph
going to be deleted, 2.1.2?
MS. TOWNSEND: I'm sorry. I'm not seeing a reference to a neighborhood park plan in 2.12.
CHAIRMAN STRAIN: Oh, I see. The reference is just a neighborhood park. You're not -- you're
not taking out the words "neighborhood park." You're taking out the reference to a neighborhood park
plan.
MS. TOWNSEND: Yes, sir.
CHAIRMAN STRAIN: Okay. Then let's start back up on 1.5.1. It says, Collier County shall
maintain an inventory of recreational facility commitments made by developers. The inventory going to
be of public or private acreage?
MS. TOWNSEND: Both.
CHAIRMAN STRAIN: Okay. So now you're going to keep -- now you're maintaining the
inventory. And on the bottom one, 2.1.2, County shall amend the land development code to require the
developer of a PUD having a residential component to provide an open space area that is suitable for
uses in a neighborhood park that is compatible pursuant to Policy 5.4.
So an inventory's going to be created whether it's public or private. You're going to keep a tally of
that inventory. You're going to require basically every development coming through to have such an
inventory. Then are you going to include that inventory as part of the acreage to meet the
level-of-service needs of the -- in the AUIR for both community and for your park system as a whole?
MS. TOWNSEND: To clarify, we are going to create an inventory particularly more than acreage.
Recreational facilities are what are important to -- to inventory those privately owned ones so that we
know we're meeting -- that -- so that we know need is being met throughout the community whether by
private or public means.
CHAIRMAN STRAIN: Okay.
MS. TOWNSEND: If the acreage in a PUD were to -- were community or regional park acreage,
the acreage within a PUD would not be regional park acreage. I don't think that -- that one would
dedicate land that large. Then if it -- if it's publicly offered, then it would be included in the inventory.
If it's not offered to the public, then it would not be included in the inventory.
CHAIRMAN STRAIN: Okay. If you're going to keep track of these inventories and now we're
talking facilities then so we don't get mixed up with acreage. You're going to require this to be from
every residential component. You've got an inventory. You've got a requirement. Why wouldn't you
want to use that inventory to offset your facility's capacity needs in the AUIR? People will be going
there and using those facilities in lieu of going somewhere else, will they not?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: I'm asking staff.
COMMISSIONER SCHIFFER: Mark, a suggestion. I think a way to do it might be, for example, if
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the community provides tennis courts at the level above, which would probably be the case, the state,
then you could take that population off of the calculation for tennis courts.
CHAIRMAN STRAIN: That's where I'm going.
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: I want to make sure that's happening.
COMMISSIONER SCHIFFER: If it's not an acreage issue, it's ifpopulation is being provided
someplace else, then they should not have to be --
CHAIRMAN STRAIN: That's why--
MS. TOWNSEND: And now -- now let me -- let me clarify one thing. We -- the -- we keep track
of a number of tennis courts to make sure we're meeting community needs. We need to know both
what's available publicly and what's available privately to adjust the number of tennis courts. However,
when we're talking about the AUIR, then it's not the number of tennis courts but facilities-value
conglomerated.
CHAIRMAN STRAIN: Okay. And I know that there's a level of service established that the AUIR
is based on. And I know it's a facilities document. And that if you don't meet the level of service
through that document's analysis, then either impact fees or taxes have to be created to bring the level of
service back up.
MS. TOWNSEND: Precisely.
CHAIRMAN STRAIN: All I'm trying to find out is ifthere's a way that that level of service can be
helped by utilizing the counts of facilities within private communities because they are the ones using
the residents within those communities. I want to make sure we're using them. That's where I'm trying
to go.
MS. TOWNSEND: We -- we use those counts to then determine which facilities to put in the
publicly owned parks. However, I believe the facility's value needs to come -- to meet AUIR standards,
needs to come solely from that which is available to all of the public.
CHAIRMAN STRAIN: Okay. I'm not getting my question answered. Maybe, Mr. Murray, you
seem to want to talk.
COMMISSIONER MURRAY: I'm concerned now with the flip side of that issue. If you have
tennis courts and these are essentially all designated in private areas. You've got tennis courts in there
and you use that to offset the need in the community for tennis courts, then the community is essentially
deprived of that amenity and that opportunity for that recreation. Then they would be forced to go
elsewhere or further away from their community to have that benefit. So I'm -- I'm struggling with this.
MS. TOWNSEND: The -- the -- the number of private tennis courts would reduce the level of
service or number of tennis courts in -- that are -- that are available to the public, but it certainly would
never completely eliminate it.
COMMISSIONER MURRAY: Well, I think it's a matter of quantity that can play into this. I'll use
an example, Bocce court. Okay. You have a Bocce court over in one community neighborhood rather
and it's surrounded by walls. And there are a whole bunch of people that want to play Bocce but because
you already have one here, you got to travel nine miles to get to the next one.
And I use that expressly as an absurd example, but maybe not so absurd. So I'm concerned about
that. I don't -- I'm not happy with the idea of counting private items owned and operated. We don't -- we
don't facilitate, we don't maintain and we're counting so that we can reduce externally what the
community needs.
MS. TOWNSEND: No, sir. I don't think it's a reduction at all. It's simply a shifting of which
facilities are provided. Because the AUIR and perhaps this comes to Mr. -- Commissioner Strain's
comment. The AUIR is still going to require a certain facility's value in publicly available facilities. The
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issue then only becomes which facilities those are.
CHAIRMAN STRAIN: Or which population is used to contribute to the need of those facilities
which goes to where my question was coming from which is the part that I didn't finish explaining, but
Mr. Adelstein had a question.
COMMISSIONER ADELSTEIN: Yeah. How often do you go back to older units to find out what
they are developing? For example, we have a condominium association next door called The Glades. In
this last two years we put in eight more golf -- tennis courts, one Bocce ball court. We don't know if you
ever come around to decide -- to see what we have done.
MS. TOWNSEND: That point is very well taken and -- and I believe that will be part of that
continuous inventory that we -- that we specified in the language of 1.5.1.
COMMISSIONER ADELSTEIN: Okay. I mean, as long -- it should get into this somewhere.
CHAIRMAN STRAIN: And, Bob, where I was trying to go with this is if a private community as a
population that generates a need for tennis courts and they within their community provide those tennis
courts, that's great. The county doesn't need to control them. They can require them and that's fine.
When a county goes to calculate its need for its population for tennis courts, are we double counting the
population within the community that already has their own tennis courts? I'm not saying short the
public any. I'm saying let's not require tennis courts for double -- double counting population. If you
already have tennis courts provided in the private sector, why are we providing them in the public as
well ?
COMMISSIONER MURRAY: And I appreciate that. My concern rested with the notion that the
possibility exists that the county would utilize the combined numbers to modify the need to provide
adequate facilities. And I'm looking for something that will make certain that we don't use it as a form
of denial in any way.
MS. TOWNSEND: No, sir.
CHAIRMAN STRAIN: I don't think we're going to get any further with this one today.
COMMISSIONER MURRAY: Agreed.
CHAIRMAN STRAIN: Page 5. Is there any questions on page 5?
COMMISSIONER MURRAY: I do.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: In Policy 2.1.3 I noted here "shall be designed." Is the county
responsible for the designing of that? When we say designed, is that just in the general sense of the
word "design"?
MS. TOWNSEND: Any neighborhood parks that the parks and recreation department retrofits into
existing communities would conform to this criteria. How much responsibility the parks and recreation
department would have for the design of a neighborhood park within a PUD is probably somewhat
limited.
COMMISSIONER MURRAY: Okay.
MS. TOWNSEND: It would, of course, have to conform to code, but I -- although we have review
to make sure that the facilities are available, I'm not sure how much leeway we would have to specify
how they would be designed.
COMMISSIONER MURRAY: I got you. What brings up the next question for me, it says, Where
appropriate and economically feasible. Suppose it is appropriate but not economically feasible, what
then? Just looking at it from the question of, you know, where you put it where it's appropriate and then
you tie economically feasible to it, it can put yourself in a box. Maybe you ought to look at that
language a little bit. Would anybody agree with me on that?
CHAIRMAN STRAIN: Yes.
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COMMISSIONER MURRAY: My question--
MR. COHEN: Can I clarify for the record with -- with -- with Ms. Townsend. I believe it's a
two-pronged approach there. Where -- where you're looking at, one, it needs to be appropriate. And,
two, it also needs to be economically feasible. So taking one out would -- would not be the case. I think
there's been some examples countywide where locations were appropriate, but when they looked at the
land value of some of those particular areas, it just wasn't economically feasible to put a neighborhood
park in those areas. So I think that's why the two are tied in -- in together -- in together.
COMMISSIONER MURRAY: Well, okay. But it strikes -- strikes me that if it's appropriate, it's
not economically feasible, why would -- you know --
MR. COHEN: I think the word "appropriate" -- I think the word "appropriate" pertains to location
more than anything.
COMMISSIONER MURRAY: Maybe--
MR. COHEN: And maybe it needs to say where the location is appropriate.
COMMISSIONER MURRAY: Okay. I think you're better at least extending it out that -- at that
level.
CHAIRMAN STRAIN: Okay. David.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Who wrote this policy -- this particular element? Is that written by your
staff?
MR. WEEKS: That was written by our former staffmember.
CHAIRMAN STRAIN: A lot ofthis is written--
MR. WEEKS: I won't throw him under the bus this time by mentioning his name.
CHAIRMAN STRAIN: Okay. Well, then I've got to go back to Policy 2.1.2. David, I know that
you know how to write these things so that they are more implemental -- more able to be implemented
properly. If you read that paragraph, it's extremely ambiguous. It's going to require a developer of a
residential PUD to do a -- to provide a suitable neighborhood park.
I'm just concerned about we've had some ten-acre residential or twenty-acre residential PUDs come
in here and we've had some massive PUDs come in here. How suitable -- there's just too many
ambiguous terms in there. Could someone clean it up by the 30th so that we can look at it a little bit
harder.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. Is there any questions on page 6?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: In the first policy, what were we trying to do when we rewrote
that? I mean, the old one seemed fine is that we were going to give people who wished to dedicate land
incentives. But now we're encouraging. So is that trying to accelerate that or what is -- what is -- why
was that rewritten?
UNIDENTIFIED SPEAKER: Just looking here at that language and it seems to be written again by
a previous staffer and throughout.
COMMISSIONER SCHIFFER: Well, I think it means two different things. The first -- the old way
meant that we were going to give them tax credits and other incentives for those people that wished to
dedicate land or to -- yeah, to dedicate land. This one seems to sound like we're trying to be more
proactive in that. Is that the intent or --
CHAIRMAN STRAIN: I think there's a lot of this element, maybe others that we've had a lot of
questions on that weren't written by the staff standing before us today. I can ask that, you know, you
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>
share -- you understand our concerns. Could you go back and look at this and get us a new draft before
the 30th? I think, Mr. Schiffer, that you've made your point. Does that sound adequate to you?
COMMISSIONER SCHIFFER: That's good. And then the next one, I'm not sure why we crossed
that out.
UNIDENTIFIED SPEAKER: Yeah. Regarding 3.16 it's similar to another entry in the document.
We just avoided duplication.
COMMISSIONER SCHIFFER: Which one is it similar to? I'm sorry. I couldn't find it. I'm sure
it's there.
MS. TOWNSEND: I believe it's in two other places in the document.
MR. COHEN: For the record, the language is exactly the same as in Policy 2.1.5.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Okay. With that, we will end the recreation open space and look forward
to a red draft by next Thursday.
And then we'll move into the intergovernmental coordination element. What's that? What do they
caIl things when it's -- is that an oxymoron, intergovernmental coordination element? We're going to
talk about the coordination of affordable housing between the cities and us. With that, why don't we
move right to page I ofthat tab, Introduction. Anybody have any questions on page I?
COMMISSIONER SCHIFFER: Just to make sure, public safety includes the fire department.
True?
CHAIRMAN STRAIN: Okay. Any questions on page 2, basicaIly a listing?
COMMISSIONER KOLFLA T: Yes.
CHAIRMAN STRAIN: Mr. Kolflat.
COMMISSIONER KOLFLAT: Should Bonita Springs be up here in the top?
MR. COHEN: No, sir. It's in Lee County.
COMMISSIONER SCHIFFER: But it's a shared boarder.
CHAIRMAN STRAIN: Yeah. It says shared borders with the following jurisdictions. The city--
we do share a border with the city, don't we? Yeah. Bonita Beach Road.
MR. COHEN: Yes, we do. I'm trying to -- just trying to think going up Livingston we do.
CHAIRMAN STRAIN: Yeah.
MS. STUDENT-STIRLING: We do.
CHAIRMAN STRAIN: Okay. Mr. Kolflat, does that answer your question?
COMMISSIONER KOLFLA T: Are they going to include it?
MR. COHEN: WeIl, I think his question was, should it be in the first part which was Bonita
established within CoIlier County and the answer to that's no.
CHAIRMAN STRAIN: No.
MR. COHEN: And then it's listed as the first buIlet point of ones where we share jurisdictions and
that's the appropriate location.
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: I know that David picked up on me, maybe he made a note, East
Naples Fire and Rescue District. It's in that listing.
MR. WEEKS: I recall your comments, sir. Yes, sir. We'Il check on the correct name.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay. We'Il move on to page 3.
(No response.)
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March 16, 2006
CHAIRMAN STRAIN: Page 4.
(No response.)
CHAIRMAN STRAIN: Page 5.
(No response.)
CHAIRMAN STRAIN: It's going to be like a home run, you know, page 6.
(No response.)
CHAIRMAN STRAIN: Page 7.
COMMISSIONER ADELSTEIN: Congratulations.
CHAIRMAN STRAIN: David, you must have wrote this one. Well, we got through the ICE. That
was the quickest element of this whole bag here today.
MR. WEEKS: All right. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
The next element since we've done the CCME, the flue and we finished Golden Gate, we're on the
Immokalee Area Master Plan, it's lAMP in your book. It's towards the back, third one from the back.
MS. MOSCA: Good afternoon. Again, for the--
CHAIRMAN STRAIN: Hi, Michelle.
MS. MOSCA: -- the record, Michelle Mosca, comprehensive planning staff.
Mr. Chairman, would you like me to provide a summary? I know you've kind of deviated. Would
you like to just start on the first page of the element?
CHAIRMAN STRAIN: I like the process we started unless the commission feels the need to
change it. We seem to be able to focus on the areas that interest us and it might save some of your time.
CHAIRMAN STRAIN: Page 1.
COMMISSIONER VIGLIOTTI: Clarification on the Golden Gate one. Since I missed that is there
a -- is that coming back yet?
CHAIRMAN STRAIN: Yes.
COMMISSIONER VIGLIOTTI: The final.
CHAIRMAN STRAIN: Coming back because you weren't here.
COMMISSIONER VIGLIOTTI: There was a whole lot of stuff in it.
CHAIRMAN STRAIN: There was? I would suggest--
COMMISSIONER MURRAY: You've only got two things.
CHAIRMAN STRAIN: You might want to get together with Dave Weeks before he rewrites that
and things that are relevant, he may want to know before the meeting next week for the rewrite next
week.
COMMISSIONER VIGLIOTTI: Right.
CHAIRMAN STRAIN: Unless the board -- if we have time today, we can go back into it, but that'll
be at the discretion of the board. I don't mind going back into it if we finish up. Immokalee master plan,
we're on page 1.
Mr. Midney.
COMMISSIONER MIDNEY: Objective 1.1, why has that been eliminated?
MS. MOSCA: I believe it's been eliminated. My understanding is that we have population
standards methodology that we follow in-house. I was -- again, my understanding is that it's more -- I
guess it's -- it's a better way to do population than what's being provided for in the objective.
COMMISSIONER MIDNEY: So we have another way of doing it?
MS. MOSCA: That's correct.
COMMISSIONER MIDNEY: Maybe if you referenced how it -- where it went, it might be helpful
tome.
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MS. MOSCA: Well, we provide population estimates and projections for Immokalee on an annual
basis as well as the seasonal population and it's distributed countywide.
COMMISSIONER MIDNEY: Including the housing units?
MS. MOSCA: That's how we come up with the population figures. I might have to defer to David
with the dwelling units. For the population, do we provide those as well or--
COMMISSIONER MIDNEY: I'm familiar with the population. I see those figures a lot. But an
inventory of the housing stock, I think it's important to maintain that so that we know where we are.
'How much we're losing. How much we're gaining and the population changes.
MS. MOSCA: And that may be accomplished with the housing element. I think this policy's
related to that in the housing element. We discussed that earlier.
COMMISSIONER MIDNEY: Okay.
CHAIRMAN STRAIN: Anything else on page I?
(No response.)
CHAIRMAN STRAIN: Ifnot, we can move to page 2. Any questions on page 2?
(No response.)
CHAIRMAN STRAIN: Hearing none we move to page 3. Any questions on page 3?
(No response.)
CHAIRMAN STRAIN: Page 4.
COMMISSIONER MURRAY: I'm sorry. Mr. Chairman, I'm a little confused at something. I'm
looking at what came over the Internet. And I see at page 3 here --
COMMISSIONER ADELSTEIN: We're not using those today.
COMMISSIONER MURRAY: We're not bothering with this at all?
COMMISSIONER ADELSTEIN: Not today. Thank you.
CHAIRMAN STRAIN: You mean, Mr. Murray, I haven't had time for any of that --
COMMISSIONER MURRAY: I either. I just -- I got confused because they didn't correlate. Okay.
COMMISSIONER ADELSTEIN: They won't.
CHAIRMAN STRAIN: Staffs going to include what was sent out last night in the rewrite that's
coming to us next week.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: On page 4, Michelle, I have one on Policy 2.2. Collier County staff in
cooperation with various Immokalee community groups. And the word is "shall" seek partnership
opportunities with the local redevelopment agency. Now, I'm wondering if that "shall" ought to be
"may." I'm not sure -- I don't know what the community redevelopment agency is in regards to how it
operates in Immokalee, but is it something that we want to make as a mandatory partnership with the
county or does the county want to be able to have -- do things on its own or with other agencies?
MR. COHEN: Mr. Chairman, for the -- for the record, right now the community redevelopment
agency by -- by law in Collier County is the Board of County Commissioners. That's how it's set on out.
CHAIRMAN STRAIN: Okay.
MR. COHEN: It -- well, the agency itself. In Immokalee it's the Immokalee Redevelopment
Advisory Board. So when we talk about the agency in this context, in essence at this point in time we
are talking about the Board of County Commissioners serving in that capacity.
CHAIRMAN STRAIN: So if! read that, then, does it mean staffs currently not cooperating with
the Board of County Commissioners? I mean, honestly, why are we putting it in here that staff has to
cooperate with the BCC? Aren't they -- I mean, isn't that what they're supposed to do?
MR. COHEN: I think what it probably should read, because I think the intent was for the
cooperation to occur with the Redevelopment Area Advisory Board -- correct me if I'm not -- wrong,
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March 16,2006
Michelle.
MS. MOSCA: The advisory committee I would suggest is that.
MR. COHEN: Okay. We'll go ahead and we'll rewrite that policy accordingly.
CHAIRMAN STRAIN: Okay. Okay. Any questions on page 5?
Mr. Midney.
COMMISSIONER MIDNEY: Thank you. Policy -- I'm sorry. It looks like Roman numeral II,
three, two, why was that deleted on the second paragraph on page 5?
MS. MOSCA: My notes indicate that the board already has the ability to do this.
COMMISSIONER MIDNEY: Okay. The last paragraph where it says that the BCC recognizes the
need to support the agricultural industry shall ensure an adequate number of decent, safe, affordable
housing units are available. How in the world are they going to ensure that? That sounds like a very
difficult task.
MS. MOSCA: Actually, we're proposing to rewrite that paragraph.
COMMISSIONER MIDNEY: I wish it could be possible. That would be great.
MS. MOSCA: And the housing department had some questions about that as well. So we'll be
rewriting that.
COMMISSIONER CARON: Any other questions on five? Ijust want to go back just for a minute
to Policy 1.2.2 on page 4. If it indeed should have been the Community Redevelopment Advisory
Committee, then I think it makes Mr. Strain's suggestion of may rather than shall even more important.
Because you don't want to force the Board of County Commissioners to have to rely on this group. They
will. So I think "may" is a better word there.
MS. MOSCA: I have no objection to changing that to "may."
COMMISSIONER CARON: I mean, not that they wouldn't, but --
MS. MOSCA: Right. I understand.
COMMISSIONER CARON: You don't want to put any encumbrances on them. Page 6?
(N 0 response.)
COMMISSIONER CARON: Seven? Oh, sorry. Seven?
COMMISSIONER MIDNEY: Six.
CHAIRMAN STRAIN: I'm back. Are we done yet?
COMMISSIONER CARON: Seven -- page seven we have a question.
COMMISSIONER MIDNEY: First paragraph on the last two lines. Collier County will collect
data resulting from the Immokalee Housing Initiative Program survey, respond to the housing needs
identified to identify the current housing documents in order to address the affordable housing in the
area. In the housing study of Immokalee by county which will reduce the cost of housing development
for very low and very low income individuals, why was that last sentence removed?
MS. MOSCA: What we've done here -- actually, there's a change to this language as well. The--
let me first address the phased study that has been completed. So we'll be changing that to Collier
County has collected and will use this data.
And then if you look at the newly proposed language, will use a catchall "affordable work force"
which would include those categories. So we've deleted that last line.
COMMISSIONER MIDNEY: Okay.
CHAIRMAN STRAIN: Anything else on page 7?
COMMISSIONER MIDNEY: No.
CHAIRMAN STRAIN: I need to back up to page 6, if you don't mind. I had one question on Policy
2.1.2. It refers to blighting influences. Do we know what those are?
MS. MOSCA: We do, but how do you describe them? Someone help me.
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March 16: 20~
CHAIRMAN STRAIN: Well, I'm wondering ifthere's a better way. It's -- I don't know how -- how
that -- what's that -- how that's going to play out in implementation? David, who wrote this?
MS. MOSCA: This is existing language.
MR. COHEN: Mr. Chairman, it's existing language and I'm sure the rationale for it is because of the
redevelopment area that exists out in Immokalee and the reference in the redevelopment statute to urban
-- to the blight is one of the reasons for establishing a redevelopment area. That's why it's there. I have a
problem with the language because the state is changing the meaning of the words "blight" in terms of
that statute as well too. So I think we need to take a look at that statute and rewrite it accordingly.
CHAIRMAN STRAIN: Okay. There are going to be a lot of things to be considered by a lot of
people as blighting influences so...
COMMISSIONER MIDNEY: It's a vague term.
CHAIRMAN STRAIN: My pickup truck by some.
COMMISSIONER ADELSTEIN: Okay.
CHAIRMAN STRAIN: I think we're on page 8 now. Anybody have any questions on page 8?
(No response.)
CHAIRMAN STRAIN: Okay. Page 9?
(No response.)
CHAIRMAN STRAIN: And now page 10?
MS. MOSCA: The staff does has -- have a correction on page 10 under that policy. Amanda had
mentioned previously about the neighborhood park plans. So we will take a look at removing that as
well as Objective 2.1 which refers to the neighborhood park plan.
CHAIRMAN STRAIN: Okay. Page II?
(No response.)
CHAIRMAN STRAIN: Page 12?
(No response.)
CHAIRMAN STRAIN: Page 13? Well, if I'm going too fast, say something. I'm assuming that if
anybody had an area they were going to question, they would have had it highlighted or circled by now.
COMMISSIONER SCHIFFER: We're not shy.
CHAIRMAN STRAIN: Pardon me?
COMMISSIONER SCHIFFER: We're not shy. Don't worry.
CHAIRMAN STRAIN: Okay. Page l4?
COMMISSIONER SCHIFFER: I actually do.
CHAIRMAN STRAIN: Okay. Mr. Schiffer.
COMMISSIONER SCHIFFER: Just to get this straight, what are the densities going to be since
you're rewriting the density chapters. Essentially there's going to be a base of four. You could get up to
four more in some cases by right by building affordable housing and then that's it. It's capped out at
eight in Immokalee?
MS. MOSCA: By right, no. You're allowed up to 16 units per acre unless it's capped. If it's not
affordable housing and it's capped within the subdistrict.
COMMISSIONER SCHIFFER: Okay.
MS. MOSCA: So with the affordable housing, that would get you up to possibly the 16.
COMMISSIONER SCHIFFER: And transient lodging -- lodging you've increased to ten. That's on
page 14, like, in the middle. It's from eight to ten.
MS. MOSCA: That's for the recreational tourist subdistrict, yes.
CHAIRMAN STRAIN: That's like hotels or is that -- RT is generally a residential tourist. So it can
have hotels or does it have a conversion if you go to --
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March 16, 2006
MS. MOSCA: Hotels, bed and breakfasts, those types of facilities.
COMMISSIONER SCHIFFER: In Immokalee, who's living in RT units, Paul?
MS. MOSCA: RT is around Lake Trafford area. We're actually talking about the subdistrict -- oh,
I'm sorry. We're just talking about the subdistrict.
COMMISSIONER SCHIFFER: Okay. But why did you increase it just out of curiosity?
MS. MOSCA: Well, the board had sanctioned a group similar to the Golden Gate Restudy
Committee. There was one also sanctioned for the Immokalee area and that was a proposal by that
committee to raise it from the eight to ten.
COMMISSIONER SCHIFFER: Are all these changes suggestions from that board?
MS. MOSCA: That's correct.
COMMISSIONER SCHIFFER: Okay. Thank you.
MS. MOSCA: That's my understanding as well as staff recommended changes.
CHAIRMAN STRAIN: Okay. Mr. Midney.
COMMISSIONER MIDNEY: On that same density rating system, I know that at the meeting that I
missed affordable housing by right was voted down pretty strongly by the board. But in Immokalee we
have a peculiar situation in that we have a severe need for very low-income housing. And I would like
to see affordable housing by right in Immokalee. I mean, you may not want it in the rest of the county,
but we desperately need it. And I would like to see that recommended as going into the -- this element.
MS. MOSCA: And we have that on page 16.
CHAIRMAN STRAIN: Well, we haven't got -- that's on -- we are getting to that page and I
understand what one you're talking about, Paul.
COMMISSIONER MIDNEY: All right. I put it in the wrong section then.
CHAIRMAN STRAIN: That's okay.
MR. COHEN: Mr. Chairman --
CHAIRMAN STRAIN: Yes, sir.
MR. COHEN: -- for the record I know in the past when counsel's not here when we talked about
doing things for certain parts of the county and not other parts, you raised equal protection questions, so
I would ask my staff to actually check with the County Attorney's Office if that's the intent of the board
to go in that direction.
CHAIRMAN STRAIN: In the absence -- the county attorney's not here, that's what we got to do.
So Paul, you're --
COMMISSIONER MIDNEY: I'm ahead of myself.
CHAIRMAN STRAIN: Let's talk on page 15 and then we'll get to your issue on page 16. Any
issues on page 15?
COMMISSIONER MURRAY: Yeah. Well, its reference is also on D, the last sentence where it
speaks about density achieved by right.
CHAIRMAN STRAIN: Yup, sure is.
COMMISSIONER MURRAY: So we could tie that into the discussion when you get to 16.
CHAIRMAN STRAIN: Right.
MR. WEEKS: Mr. Chairman.
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: On page 15 under the continuation ofItem A, third line -- second line -- third line
from -- from the end of A that is above paragraph B starting on the right-hand side, it says, via -- via
conditional use is referring to the mixed-use development. And as you recall in the future land use
element we deleted that phrase. I would think we'd want to do it here for consistency.
CHAIRMAN STRAIN: I would agree.
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MR. WEEKS: And, likewise, I know we didn't discuss it in the Golden Gate Master Plan, but I
would assume that would be the commissioners' desire that we check and if that same language is there
to delete it as well.
CHAIRMAN STRAIN: Yes, sir. I think we just missed it. Now, as far as affordable housing by
right in Immokalee, has the committee that's out there, Michelle, commented about these particular
elements of this plan?
MS. MOSCA: This -- the -- well, the plan itself or are you just talking about the affordable right
question?
CHAIRMAN STRAIN: The right of affordable housing with additional density, is that something
the committee is endorsing?
MS. MOSCA: I don't believe they've seen this language. This was recently proposed over the last,
I'd say couple weeks or so. I might be wrong. I might have to defer to David.
CHAIRMAN STRAIN: And I -- is there any way that they could take a look at this and get back to
us by the 30th?
MS. MOSCA: I will e-mail it to all the committee members.
CHAIRMAN STRAIN: If you would do -- if you would do that paragraph and the paragraph on the
following page -- we talk -- at least -- or this whole element, but especially the paragraphs referring to
these density bonuses, if! was one of those committee members like I was when I was in Golden Gate,
this would have this kind of a doubling of density in my community, I certainly would want to know
about it.
MS. MOSCA: Okay.
MR. WEEKS: Mr. Chairman, for clarification, go on with what Michelle was saying, we can e-mail
that to them, but they will not have a committee meeting between now and then.
MS. MOSCA: That's correct.
MR. WEEKS: So we cannot get formal action from them, but we certainly can contact them
individually.
CHAIRMAN STRAIN: Mr. Tuff.
COMMISSIONER TUFF: Well, just that you had said that they were opposed to it unless I heard
that wrong. But I thought you said, well, they were -- the committee was opposed to having that by right
and that it --
COMMISSIONER MIDNEY: I don't think it's been discussed.
COMMISSIONER TUFF: -- or else I misunderstood that and you said you didn't agree with what
that committee said.
COMMISSIONER MIDNEY: No. That's not what I meant to say. I meant this committee.
COMMISSIONER SCHIFFER: Don't count me in.
COMMISSIONER MIDNEY: Except for Brad.
CHAIRMAN STRAIN: And I don't think this committee weighed in on this -- these elements in the
Immokalee master plan. And actually I would have wanted to have you here for that discussion which
you are. All I'm saying is Paul's here. And you had indicated the committee reviewed this, but if they
didn't review these, it sure would be nice to know what their thoughts were on it.
MS. MOSCA: Again, they reviewed the changes to the master plan, but did not review the
affordable-by-right provisions.
CHAIRMAN STRAIN: Okay. And I know some of those committee members. They're vocal
enough. They may want to respond before the distribution of the data by next week or even by the 30th
if they can so...
MS. MOSCA: Okay.
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March 16, 2006
CHAIRMAN STRAIN: And, Margie, we had --
COMMISSIONER MIDNEY: But -- that's good. But really it should go before the whole
committee so that it's not just certain members, you know, who may be against this. It should go before
everybody, you know, and get a balanced view of the whole thing.
COMMISSIONER ADELSTEIN: They're not having a meeting now.
COMMISSIONER MIDNEY: The meeting -- next meeting won't be until April.
MS. MOSCA: Commissioner Midney, what I'll do is send it to the CRA Advisory Committee as
well as the Immokalee Master Plan and Envisioning Committee. They have been meeting jointly. So I'll
make sure that it gets to all of those members.
COMMISSIONER MIDNEY: One problem with that Immokalee master plan committee is that
they haven't had broad community participation up to this point because all their meetings have been on
Wednesday mornings. And their first meeting of that committee that's going to be in evening hours is
not going to happen until April. So I don't think that the people who are on that committee are
necessarily representative of the entire community.
CHAIRMAN STRAIN: Okay. Who in the community -- see, Paul, when I got the Golden Gate
master plan element, I sent it to the Golden Gate Estates Association right away because I knew they'd
be concerned. Was this forwarded to anybody in Immokalee besides you when you got the element?
COMMISSIONER MIDNEY: I don't know. Was it forwarded to anybody?
MS. MOSCA: I don't believe so. But we could also forward it to the civic association out there and
maybe --
COMMISSIONER MIDNEY: That would be good.
CHAIRMAN STRAIN: Yeah. I think that would be a -- I think you need to have -- this is a huge,
huge issue. This will double the density if it's implemented or it could. And I think because of that,
everybody that could weigh in on it might want to.
MR. COHEN: Mr. Chairman, counsel has a few comments she'd like to make.
CHAIRMAN STRAIN: Ms. Student.
MS. STUDENT -STIRLING: Yes. I was informed by Mr. Cohen when I was out in the hall taking
care of a message that the proposal was to allow, I believe, density by right for affordable housing in the
Immokalee area. I have two concerns with that and probably have to consult with staff further.
Again, equal protection concern and also the growth management laws require that our
comprehensive plan be internally consistent. And we have an existing problem 1.4 in the housing
element that has a bit of an amendment to it. But it states, Collier County shall seek to distribute
affordable housing equitably throughout the county using strategies which if you change it may include
but are not limited to density bonus agreement and impact fee deferrals.
So my concern would be if you allow it by right in Immokalee and not other places, that that may
result in undue concentration of affordable housing in the Immokalee area in violation of this policy of
the comp planning rendering it internally inconsistent which is not permitted by the growth management
laws.
COMMISSIONER MIDNEY: I don't think that the people ofImmokalee are going to complain if
there's enough affordable housing out here. We need more.
MS. STUDENT-STIRLING: I understood DCA might complain, however, because they're the ones
that review it for consistency with the growth management law. So I just have to put that on the record
as a possible problem.
CHAIRMAN STRAIN: Isn't it currently available to have affordable housing density bonuses in
Immokalee just like they're applicable everywhere else?
MR. GIBLAN: Commissioners, yes. For the record, Cormac Giblin, again.
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CHAIRMAN STRAIN: Short answer. Can you just say "yes" so I can finish my train of thought or
"no." Whatever you want to say. Is the affordable density housing bonus by application through a public
process available to Immokalee like it is to the rest of the county?
MR. GIBLIN: Yes, sir.
CHAIRMAN STRAIN: Okay. Now, let me --
MS. STUDENT-STIRLING: I think this is by right, though, and I think by right--
CHAIRMAN STRAIN: Can you just wait till I finish --
MS. STUDENT-STIRLING: Yes, sir.
CHAIRMAN STRAIN: -- my question, please?
MS. STUDENT-STIRLING: Yes, sir.
CHAIRMAN STRAIN: If it's available in Immokalee like everywhere else and, Paul, I guess my
concern is why does it need to be by right if it's so wanted in Immokalee? Why don't people just simply
bring it forward and go through the process and get it approved?
COMMISSIONER MIDNEY: Well, because anytime that you have something where, you know,
you have lower-income people, there's going to be certain people who don't want it. And the need is so
great that if we were to have this affordable density bonus by right, it could improve the supply of
desperately needed affordable housing in Immokalee.
CHAIRMAN STRAIN: Okay. I'm -- I understand what you're saying. I think we need to weigh in
with some groups. And, Margie, did you have something you want to finish up saying?
MS. STUDENT -STIRLING: My only point was -- I think I said it already, but if it's by right, then it
would probably result in more there than other places in the county and have a concern about that
equitable distribution language. Now, I'm not finished yet -- excuse me.
CHAIRMAN STRAIN: And he's not been recognized to speak.
MS. STUDENT-STIRLING: We can show the need -- we can show the need there and then it
differs from other parts of the county, perhaps DCA wouldn't have a problem with it. And, also, if we
could show that it would lessen equal protection issues so, you know, we could give it a shot. I'm just
raising the issue because it is an issue.
CHAIRMAN STRAIN: And Mr. Midney.
COMMISSIONER MIDNEY: Yeah. I agree. That's a very valid point. And ideally we would
want affordable housing equally distributed in the county. I agree with you completely. But in
Immokalee we have the agricultural industry. We're the hub of it. So we have a much greater need for
affordable housing in Immokalee because our work force, the people who work and live here are
different from the composition in the rest of the county. That's why I think something that's different for
Immokalee could be appropriate.
CHAIRMAN STRAIN: Okay. Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: I'd like to support Paul on this too. Anytime we isolate an area for
a special study, I think, Margie, doesn't that give us the right to do things differently in there? For
example, we provide multi-use in Bayshore differently than anyplace else.
MS. STUDENT -STIRLING: That was part of my point that I made when I said if we could justify
it by showing the need there being greater than other parts of the county--
COMMISSIONER SCHIFFER: That's done.
MS. STUDENT-STIRLING: -- difficulty the individuals have with travel issues __
COMMISSIONER SCHIFFER: That's done.
MS. STUDENT-STIRLING: -- and having vehicle, it may very well not be a problem.
CHAIRMAN STRAIN: Brad--
MS. STUDENT-STIRLING: And I did put that on the record.
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CHAIRMAN STRAIN: -- you can't talk over here because the young lady here is having--
COMMISSIONER SCHIFFER: I know that, but I'm just saying--
CHAIRMAN STRAIN: Brad, but you just did it to me. Let's all talk one at a time, please. Go
ahead.
COMMISSIONER SCHIFFER: Those are the points Paul's making and I think we should go ahead
and do that. Leave it in here.
CHAIRMAN STRAIN: And one comment, the Golden Gate Area Master Plan when we wrote it,
we wrote it very specific to Golden Gate and we changed a lot of the rules in the county for Golden Gate.
Immokalee Area Master Plan is doing the same thing supposedly for Immokalee. That might be one
way to implement this program specific to Immokalee just like we did in Golden Gate.
And, now, Cormac, did you have some comments?
MR. GIBLIN: Yes. For the record, Cormac Giblin. Listening to your discussion in the back of the
room, quite frankly, I had the same concerns that the county attorney first -- first brought to your
attention about internal consistency, concentration, allowing density by -- as much in favor as I am of
providing affordable housing density by rights, I see it problematic if you start to identify only in certain
areas of the county because it may be at odds with other elements of our comp plan or the fair -- the Fair
Housing Laws.
That said, though, there could be mitigating factors that could be presented to allow it in certain
areas. But I just wanted, again, to caution you along the same lines as the county attorney.
CHAIRMAN STRAIN: Thank you. Ms. Caron and Mr. Midney.
COMMISSIONER CARON: As Mr. Spring said with the Golden Gate Area Master Plan we've
made exceptions. In Bayshore we just did it, for example, in the coastal high hazard area. We now have
twelve units an acre there when it's supposed to be no more than four. So I think are -- you know, well--
we make exceptions all the time for specific needs of specific areas.
MR. GIBLIN: Again, not here to talk you out of it, just wanted to --
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: Yeah. And I would just like to add one other thought. And that is a
lot of people think look --look at Immokalee and they sort of feel sorry for us. Oh, you know, those
poor people out there. They live in this community. But, actually, most of us in Immokalee like being a
working-class town. We don't feel anything bad about it. You know, there are some people who aspire
to be, you know, more middle class or more upper class. But I think the majority of people are happy in
Immokalee the way it is and they wouldn't mind more housing to serve the people who really need it.
Thank you.
CHAIRMAN STRAIN: Okay. Are there any other comments on page 15?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Sixteen I'm on.
CHAIRMAN STRAIN: Okay. Any other comments on page 16? Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: And it's -- it's in the section on affordable housing by right. The
last sentence, I'm not exactly sure what that means. Does -- does that limit somebody from going over
eight units or it says a density achieved by right shall not be combined with density achieved through the
rezoned public hearing process. So if I have a parcel that by right I would have eight units, if I go in for
a rezone, what does that exactly mean? Does that -- do I jeopardize that eight?
COMMISSIONER MURRAY: It sounds like it.
MR. WEEKS: That's -- that's to make sure that someone doesn't do -- I'll say do exactly that. If
you're going through the rezone process, that public hearing process, then you can ask for the total
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amount that you qualified for. That is the base of four and then the maximum bonus of eight for a total
oftwelve or if you qualify for more from the base. But you can ask for the total amount of density that
the site is eligible for.
What we would not want to occur is someone come to the county commission through the hearing
process and, let's say, have approved four-unit per acre bonus plus their base of four, ifthat's what it is,
for a total of eight. Then come back and say I want administratively another four units added on top of
that. I think that's inappropriate.
COMMISSIONER SCHIFFER: Administratively?
MR. WEEKS: Correct.
COMMISSIONER SCHIFFER: No, but --
MR. WEEKS: After you've gotten -- excuse me. After you've gotten the public hearing -- through
the public hearing process, you've gotten a certain density approved, then go through an administrative
process to add even more.
COMMISSIONER SCHIFFER: Okay. I understand it now. In other words, the public hearing
would come first and then I'd come in knocking on the door versus the other way around.
MR. WEEKS: That's -- that's the chief concern. Yes, sir.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Okay. Page 17. Questions on page 177
Mr. Schiffer.
COMMISSIONER SCHIFFER: The way they're worded at the top, using PDRs, I could actually get
a site above 16 residential units then?
MS. MOSCA: That's a percentage. David, I'll have to defer to you for this, the existing TDR
program.
MR. WEEKS: Right. We discussed this with the flue as well. It's the -- the prerural fringe TDR
program. The TDR ratio is based upon the receiving land zoning and it can only be a percent, either 5
percent or 10 percent depending upon that receiving land zoning of that density. My example, again, is
if you had a piece of property receiving land zoned RMF 16, then it's a 5 percent cap for the TOR that is
0.8 dwelling units per acre. So the maximum density you could achieve would be 16.8 __
COMMISSIONER SCHIFFER: Okay.
MR. WEEKS: -- units per acre.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Okay. Page 18?
(No response.)
CHAIRMAN STRAIN: And the last page, well, with the exception of the graphic is page 19. No
questions there. Do we have any questions on the graphic page?
COMMISSIONER SCHIFFER: I kind of do. Has anything changed on the graphic? You handed
out a new one today. Is that because there was a change?
MS. MOSCA: There was a change. It relates to the CCME policy that talks about the wetlands
connected, the Lake Trafford Cam Key Strand System. And it states in the CCME that it will be
delineated on the future land use map.
COMMISSIONER MIDNEY: So quickly.
MS. MOSCA: That was handed out today as well, but I put it up there.
CHAIRMAN STRAIN: See, Paul, you can have an impact.
COMMISSIONER MIDNEY: It does work.
COMMISSIONER SCHIFFER: But where is that on the map? Can you point to it or something?
MS. MOSCA: Yes.
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COMMISSIONER MIDNEY: See here it's in the light line?
COMMISSIONER SCHIFFER: Yes. Okay. I got it.
CHAIRMAN STRAIN: Okay. Michelle, I think we're done with the Immokalee element.
MS. MOSCA: Thank you.
CHAIRMAN STRAIN: I'd like to ask you just to hang around for a few minutes while we finish up.
We may go back and revisit some Golden Gate issues.
MS. MOSCA: Okay.
CHAIRMAN STRAIN: Okay? Is that okay? Are you -- were you -- or are you in a hurry to leave?
MS. MOSCA: That's fine.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Mr. Chairman, just to clarify, we left in the affordable housing by
right in this; correct? We didn't vote it out.
CHAIRMAN STRAIN: Right. They're going to -- they're going to distribute that information to the
civic associations or groups in the area and get the best feedback we can by our next meeting. And let us
know any comments that come in.
MS. MOSCA: Again, for the record, Michelle Mosca. What I'd also like to do in addition to
sending the e-mails to the various committees that we spoke about, we'll also put it on the agenda for the
first meeting of the joint committees and that's advertised as well. So at least we'll have that information
to bring forward to the BCC.
COMMISSIONER MIDNEY: Exactly.
CHAIRMAN STRAIN: Yeah. I think that would be a real good idea.
COMMISSIONER MIDNEY: Yeah. That'll be good. Because the BCC will get the benefit of all
that weighing in even though we won't.
CHAIRMAN STRAIN: That's right. David, did you have something else you wanted to toss in?
She got it. Okay.
The last element we have is the economic element. It's the very last one in the book. I was
wondering why you were hanging out. By the way, Nicole is leaving us to go to Tampa.
MS. FERNANDEZ: Yes.
CHAIRMAN STRAIN: We're sorry to hear that. We keep losing good people within the county.
So good luck in Tampa.
MS. FERNANDEZ: Thank you.
CHAIRMAN STRAIN: David.
MR. WEEKS: Mr. Chairman, you skipped the Marco Island Master Plan and though it's very
straight forward, we'd like to have your comments there.
CHAIRMAN STRAIN: Well, it's two sentences and there's nothing there. It says, Deleted in its
entirety. Okay.
MR. WEEKS: I just wanted your acknowledgment. Thank you.
CHAIRMAN STRAIN: I -- does anybody want to acknowledge that the Marco Island master plan is
not here?
COMMISSIONER MURRAY: I think the chair--
COMMISSIONER CARON: It's duly noted.
CHAIRMAN STRAIN: I think it's duly noted. Page 1 of the economic element. Does anybody
have any questions?
(No response.)
CHAIRMAN STRAIN: Page 2 is real useful. Everything's been renumbered. So why don't we
move on to page 3. Questions on page 3?
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March 16, 2006
Mr. Murray.
COMMISSIONER MURRAY: Yeah. Just -- just almost for fun here. Under 3.14 and A, little A,
in impact fee payment assistance program for either new or expanding targeted industries. Are we
concerned with that word?
CHAIRMAN STRAIN: Well, there are a couple times it's in B as well.
MR. COHEN: Mr. Murray, I believe that language is exactly -- exactly mimics the economic
incentive ordinances and that's why it's present there, accordingly.
COMMISSIONER MURRAY: I don't have a problem. I know somebody else did so I brought it
up.
CHAIRMAN STRAIN: Any other questions on page 3? Because if we go back to the same Item A
that Mr. Murray was touching on, now this economic element is there to entice new business and
develop local work force for such businesses.
Now, we have this big need for affordable housing. All this work force means new businesses that
are coming in, we have no housing for them. Yet under this policy, we're giving them an impact fee
incentive credit to come here, create new buildings, add to the congestion to the roads and work force,
but yet we have no program to house them -- provide adequate housing. So I'm not sure why an impact
fee payment assistance program is needed to entice new business. I'm not -- I don't understand the
reasoning behind that. It seems contradictory.
MR. COHEN: The only answer I can give to you -- to you, Mr. Chairman, is approximately two
years ago the EDC in concert with the policy direction of the -- of the Board of County Commissioners
directed its staff to look at economic incentives. And those are the four economic incentives that were
adopted by the Board of County Commissioners. And, therefore, that's why they were included in the
policy.
CHAIRMAN STRAIN: Well, even more strange is C. A property tax stimulus program providing
payments to offset the costs associated with the relocation and/or expansion of targeted industries. We
have so much here now we can't handle it. I'm wondering why we keep looking for more until we are at
a point we can work with it.
MR. GIBLAN: Commissioners, if! may, Cormac Giblin, again, for the record. Not to say that I'm
an expert in this -- in this area, but the economic development programs used to be located in our
department. And to take advantage of those programs, you must meet specific criteria as set forth by the
county and the EDC, meaning that 51 percent of the employees of your business are paid a wage higher
than the county's median wage. So, in theory, businesses taking advantage of these types of incentives
would not be creating a need for additional work force housing because they're paying their people
basically what they need to be paid to live here. And that's -- that's the reason for trying to attract these
high- wage-paying- targeted industri es.
CHAIRMAN STRAIN: Well, Cormac, ifthey're paid a high wage, that means they buy a higher
priced home. That means they hire somebody to do their lawn, fix their air-conditioning, take care of
their disposals, whatever they got to do, wax their cars. Who only knows. And, in essence, they're
creating a bigger need for affordable housing by the fact they don't do most anything themselves. They
have other people do it for them.
MR. GIBLAN: I agree. It's a -- it's a--
CHAIRMAN STRAIN: I don't know too many executives that cut their lawns.
MR. GIBLAN: It's a continuing cycle and, you know, other incentives that we have. To get to your
question about the need for affordable housing and how does commercial and -- and private industry
create or address those needs. Again, we talked the other day about an inclusionary zoning type
ordinance that would help alleviate those concerns on the development of new residential development.
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March 16, 2006
The county's also working to institute a linkage fee ordinance that would assess a fee to commercial type
endeavors again to address those concerns.
CHAIRMAN STRAIN: But with those policies here, it looks like these particular businesses might
end up being, what did they say, they might have assistance in how to pay those or be exempt from
paying those. So while I'm on that page, Policy 3.15, it talks about an impact fee deferral program for
owner-occupied single-family homes and structured within the Immokalee enterprise zones. Are those
all affordable housing homes?
MR. GIBLAN: Commissioner, those are affordable in terms of the parameters set forth for that
program which are slightly different than the parameters that we used elsewhere in the county. There's--
they are -- since they're not using grant money or federal or state money, the county developed its own
criteria for those incomes and home prices.
CHAIRMAN STRAIN: Are those prices outside the affordable housing categories we have in
Collier County?
MR. GIBLAN: Right now with the inclusion of GAP, probably not. They were until we had GAP.
CHAIRMAN STRAIN: So we actually had an impact fee deferral program for more than affordable
housing?
MR. GIBLIN: We did in Immokalee.
CHAIRMAN STRAIN: Okay. Mr. Tuff and Mr. Murray.
COMMISSIONER MURRAY: No. Let him go first.
COMMISSIONER TUFF: Well, just for the record, I'm not agreeing with you on those just for the
fact that one is -- some -- a lot of this is directed towards Immokalee, the aerospace and all these things
were -- I think there is a need. You know, what maybe is needed downtown Naples isn't the same thing
that may be needed in Immokalee or Everglades City or Golden Gate Estates, things that are coming up.
So I think, one is it diversifies an area and brings a boost to possibly Immokalee. But then also as
we keep going, real estate builds and grows and all of a sudden the real estate's all gone and done, these
are too -- say, we don't have to have a crash 20 years from now, because we have a different source of
income provided to this county. And I guess I -- I like these a lot in there.
CHAIRMAN STRAIN: Well, I wasn't suggesting any language changes. I was trying to understand
it so I could write a good story about it. Thank you.
COMMISSIONER TUFF: Excuse me, then.
COMMISSIONER MURRAY: Mr. Chairman.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: As long as we're writing stories, I'll get involved. Quite frankly, I
agree with Commissioner Tuff. These are economic stimulus attempts. And I recognize that the
affordable or any housing will follow it. At least it brings the future potential for it. And I -- I realize
you are bringing it out because of the kind of crazy condition that it will initially spur. But over the
hump, it'll be very, very effective particularly out in Immokalee where the trade port is intended to bring
a lot of -- a lot of economic stimulus.
So I know you know that. And I recognize what your statement is absolutely true given the lag time
we have from appreciation when we permit it to when it's built, but maybe that can be accelerated in the
future and we'll do better in building the housing. My little piece of change there.
CHAIRMAN STRAIN: Are there any other comments?
Mr. Cohen.
MR. COHEN: Yes, Mr. Chairman. I have two recommendations both with respect to 3.14 and
3.15. I would recommend striking the words "and shall maintain." The rationale for that is all these
ordinances were adopted by ordinance and the board may want some flexibility in modifying those
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ordinances or may eliminate one of those ordinances. And ifit's in the comp plan, they're going to be
bound by the comp plan and they won't have that flexibility if they see a program's not working or they
want to modify it in some manner.
CHAIRMAN STRAIN: I think that's a good idea.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Anybody have any objection?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: There's virtually nothing on page 4, but I'll acknowledge to David that it
exists.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Is there anything else at this point? Ifnot, we're done with the -- with this
particular element.
Thank you, Nicole. I appreciate it. And as I said, good luck in your future job.
MS. FERNANDEZ: Thank you.
CHAIRMAN STRAIN: Now, Golden Gate Area Master Plan, Mr. Tuff was not here when we hit
this this morning. He had some comments to make. Ifthe board would like to indulge him, we can go
through his comments and try to limit it mostly his or follow-ups to his and we might get through it in a
reasonable amount oftime. Is that okay with everybody?
COMMISSIONER SCHIFFER: Fine.
CHAIRMAN STRAIN: Okay. Russell.
COMMISSIONER TUFF: Okay. Ifwe go to page 3, I -- I say we're encouraging the use of working
with the water company out there since they changed the name of it and the community wants __
CHAIRMAN STRAIN: What policy number are you on?
COMMISSIONER TUFF: Sorry about that. Policy 1.2.4.
CHAIRMAN STRAIN: And by the way, when staff -- ifhe gets to an element that we've already
discussed or trashed, could you just let him know and then maybe that'll save time too. 1.2.4?
COMMISSIONER TUFF: Well, I -- we want to encourage expansion of that, but -- by naming that
company by name, they have been very unresponsive, uncooperative and very disgraceful for our
community. And I -- yes, we want to encourage that to happen, but maybe not saying them by name.
Whether the county would take it over or -- or -- it's saying that we're going to work with these folks to
make their water so they -- to have more capacity and they can't handle the capacity. They're doing a
poor job with what they have.
COMMISSIONER MURRAY: How about the current authority -- the current utility's authority?
CHAIRMAN STRAIN: David, do you understand where he's trying to go with this?
MR. COHEN: I -- I think, you know, and maybe I can intervene here. Because that -- that -- that
meeting actually occurred this week, the annual meeting with -- with county staff. I think maybe it's
appropriate to -- to leave the name of that authority there or with some additional language, "or its
successor." In essence, ifit's bought, you know, on out by somebody else or it changes hands, which it
has done in the past, I think it is appropriate to name them at this point in time.
CHAIRMAN STRAIN: Well, if we add the words "or their" -- "or their successor," that would
cover it, Russ. Is that what you're indicating?
COMMISSIONER TUFF: Yeah.
CHAIRMAN STRAIN: Okay. That would be fine.
COMMISSIONER TUFF: My -- my big questions were on page 6. And now we have a new sheet
to go with it, but they were both the same. These came out of the -- to me or else I wasn't paying
attention, but they came out of the blue. And way back when the Golden Gate Master Plan had met way
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back when, a lot of these things -- unless you've already discussed --
CHAIRMAN STRAIN: Well, Item B on page 6--
COMMISSIONER TUFF: Yes.
CHAIRMAN STRAIN: -- was recommended deleting -- being deleted.
COMMISSIONER TUFF: Got it. Perfect.
CHAIRMAN STRAIN: Okay. Anything else on page 6 that you may have hit?
COMMISSIONER TUFF: Sixteen dwelling units.
CHAIRMAN STRAIN: We didn't -- we talked about rewording some of the first line, but--
COMMISSIONER TUFF: That's what I had, okay, circled on that.
CHAIRMAN STRAIN: Okay. That's going to come back to us on the 30th with some rewording.
COMMISSIONER TUFF: Okay. And then the next one on 3 by right.
CHAIRMAN STRAIN: What page are you on?
COMMISSIONER TUFF: On page 7.
COMMISSIONER CARON: Yeah. It's a strike.
CHAIRMAN STRAIN: That one was struck out as well.
COMMISSIONER TUFF: You guys are good. All right. That's all I had. Yeah, you got it.
CHAIRMAN STRAIN: That's it?
COMMISSIONER TUFF: Wait. Wait. Let me double-check that. No. On page 8 I have
highlighted for employees who worked within the Golden Gate City or Golden Gate Estates --
CHAIRMAN STRAIN: Where -- where are you at?
COMMISSIONER TUFF: On the part -- the part that was crossed out under the four for the
downtown commercial center. And I was just wondering why that was crossed out because that was the
whole intent of what we've talked about. And then it kind of disappeared there.
MS. MOSCA: Again, for the record, Michelle Mosca. You're referring to for employees who work
within Golden Gate?
COMMISSIONER TUFF: Yeah.
MS. MOSCA: This has been changed to reflect the changes in the land development code for the
actual zoning overlay district. It was changed to promote or intended to promote resident business
ownership. That was a discussion by the committee, the ad hoc committee.
COMMISSIONER TUFF: Okay.
CHAIRMAN STRAIN: Okay. Comfortable with that?
COMMISSIONER TUFF: And then on the top of page 11 I saw the 16 residential units per gross
acre, again, there. Maybe you already discussed that.
CHAIRMAN STRAIN: I don't have any markups on that page, Russ. You might want to bring
your issue out.
COMMISSIONER TUFF: Well, just that I didn't see how that could fit in with the -- that was for
the --
CHAIRMAN STRAIN: This is a mixed-use activities center. That's consistent with the other
mixed-use activity centers in the county. So I think it was added here just to make consistency with the
others in the county.
MS. MOSCA: That's correct.
CHAIRMAN STRAIN: I'm learning, David.
COMMISSIONER TUFF: And then on page 15 I have a little circle here. Single-family residential
available -- on the very bottom residential estates subdistrict.
CHAIRMAN STRAIN: We struck the second paragraph in two.
COMMISSIONER CARON: He needs to slow down so she can hear.
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COMMISSIONER TUFF: Oh, sorry about that. All right. Okay. That's got it. Then on page 16
and I just had how and why and who determined that on -- on the interchange activities subdistrict
center. And I have to remember what I wrote. Oh, just was taken out of the Golden Gate Master Plan
and that was -- was a proper thing to do?
CHAIRMAN STRAIN: Yeah. Interchange? We're not -- I'm not sure it's taking it out. It's in the
Golden Gate Area Master Plan section.
MR. WEEKS: We simply relocated it. That's why it's shown.
CHAIRMAN STRAIN: Okay.
COMMISSIONER TUFF: And on page 17, Ijust had a question. It says two point question mark
acres I have right in the middle of the page.
CHAIRMAN STRAIN: We fought for hours on that one.
MS. MOSCA: I decided we were going to keep the question mark in there.
COMMISSIONER TUFF: Okay. That's a good idea. But, otherwise, we got it then. You guys did
good.
CHAIRMAN STRAIN: Thank you. I think that wraps up today's issues in regards to the -- we still
have agenda, gentlemen -- in regards to the EAR. And I think the next thing that's going to happen __
David, is it sometime late next week we'll get a draft of the changes for our discussion on March 30th; is
that correct?
MR. WEEKS: That is correct, sir.
CHAIRMAN STRAIN: What time in the morning is the March 30th meeting?
MR. COHEN; It's -- you need to continue the meeting to --
CHAIRMAN STRAIN: We're not -- we've still got an agenda to--
MR. COHEN: The other -- the other -- yeah. I believe it begins at 8:30.
CHAIRMAN STRAIN: 8:30. Okay.
MR. COHEN: The other -- the other question I have and -- and David can weigh in on this as well,
too, is it the board's preference when we complete an element in terms of its changes to have that
particular element sent to you individually or do you want to see them all at one time?
MR. WEEKS: Well, yes, please let me weigh in. Certainly we could e-mail them to you
individually as they're completed, but for your packet delivery that would only make sense to do it
altogether.
CHAIRMAN STRAIN: I'd rather see the packet delivery unless if you could e-mail me a new
printer, that would work.
MR. COHEN: Is that old one wore out?
CHAIRMAN STRAIN: I don't know whatever the board's feeling is. If you want to e-mail them
out, but I'm not sure we'll all be able to benefit from that. But certainly we'd like the new packet as we
talked about by the end of the week.
COMMISSIONER KOLFLAT: I'd rather have the packet.
CHAIRMAN STRAIN: If it comes in an e-mail and you want to ignore it, then just do so and then
we'll still get the packet out as David has indicated. Is that okay? And, Margie, when we finish the
meeting I was going to request a continuance of it. Do we want to continue the meeting before we finish
it?
MS. STUDENT-STIRLING: Well, you're done with this part of it.
CHAIRMAN STRAIN: Right. It was part of to day's meeting so we didn't--
MS. STUDENT -STIRLING: So I think when you're done with this particular piece of it, it's
appropriate to continue it until the 30th.
CHAIRMAN STRAIN: Okay.
Page 104
March 16, 2006
MS. STUDENT-STIRLING: At 8:30 or as soon thereafter as it can be heard.
CHAIRMAN STRAIN: Okay. Is there a motion to continue this meeting on the EAR amendments
to 8:30 on March 30th in this room?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: A motion's been made by Commissioner Adelstein. Seconded by
Commissioner Caron. All those in favor signify by saying aye.
(Unanimous response.)
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Item #10A and Item #10B
TO DISCUSS SPECIFIC DATES FOR THE 2006 AUIR SPECIAL MEETING. POSSIBLE DATES
WOULD BE OCTOBER 11 TH AND 2ND, 2006; REQUESTING APPROVAL FROM CCPC FOR
HEARING TO BE HELD ON OCT. 5,2006, WITH CARRYOVER TO OCT. 19, FOR THE
ADOPTION OF THE EAR-BASED AMENDMENTS
New business, to discuss specific dates for the 2006 AUIR Special Meeting. Possible dates would
be October 11 th and 2nd (sic), 2006. Whose ball of wax is that?
COMMISSIONER CARON: And would it really be the 11th and 12th?
CHAIRMAN STRAIN: Well, wait a minute now. Whose in -- who from staff is bringing this up?
Is that your bag, Randy?
MR. COHEN: That would be my item in terms of asking you to set specific dates with regard to the
AUIR. That consideration would be done and a target date is October to allow you ample consideration,
obviously, and the board as we have to have a CIE adopted by March 1 st ofthe following year.
CHAIRMAN STRAIN: You know, when we did this last AUIR, we were told that the new one's
going to have to be done much earlier. Looks like it's not going to be done much earlier, is it?
MR. COHEN: Yeah. What transpired was is that originally by statute the Department of
Community Affairs had a December 1 st date for all governmental entities to submit their AUIRs -- I
mean, the CIEs. Obviously, getting CIEs from every governmental entity in the state at one time to
review would be a task that they couldn't undertake. So they came out with a schedule. And our
scheduled date for Collier County with respect to the CIE now is March 1 st. And it will be -- it will be
there after March 1 st from then on. And we'll adjust the AUIR accordingly when it comes to this body as
well as the BCC.
CHAIRMAN STRAIN: Well, now, you're looking for the October --let's start talking about your
dates. You got October 2nd for the AUIR, which is going to be a rather intense meeting. You've got--
you're suggesting October 5th for the adoption of the EAR based amendments, which are the book we're
going through today, but in final format. October 5th is also our regular meeting. And the alternative
dates right now are in between. You got one on the 11 th, but on the 19th that's our regular meeting
which is another suggestion by you for the EAR based amendments for the adoption cycle.
October is going to be a pretty packed month. It doesn't make a lot of sense to hold the AUIR on the
2nd of October with the EAR adoption amendments going to be on the 5th with a regular meeting. I
think we're going to be maybe overwhelmed with several three-ring binders.
David.
Page 105
1 h '1
March 16, 2006
MR. WEEKS: Just one point to stress, Item B under New Business, the EAR based amendments. I
really want to stress that those are tentative dates. It all depends on exactly when we transmit these
amendments, that is when the board takes their final action on them, starts the clock ticking as to how
long DCA has to review them and then when they come back to us with their objections,
recommendations and comment report. And then we hold the adoption hearings.
So there's -- there's -- we -- we cannot definitively control that date, whereas, the AUIR, that is
within the county's control. So those -- those dates are tentative. They mayor may not be held in
October or on those dates specified.
I would further say that because those are regular agenda meeting dates, I would suggest to you that
you direct us not to include any other items on that agenda, no rezones, conditional uses, et cetera.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Mr. Chairman, yeah, I -- I having read Mr. Schmitt's report that he
puts on the Internet every week. He had in here GMP amendments adoption on that date. And I put it
into my PDA because of that. And is that -- is that a little different than what we're talking about that we
want to do or is that the same thing? I mean. The EAR, GMP, AUIR, tell me where we are?
CHAIRMAN STRAIN: The AUIR is not the same as the EAR.
MR. COHEN: I would imagine that Mr. Schmitt's reference was to the EAR -- EAR based
amendments.
COMMISSIONER MURRAY: Amendments. And that's what Joe meant when he put in GMP
amendments; right?
MR. COHEN: Yes, sir.
COMMISSIONER MURRAY: So he had already planned that was a date that was likely.
MR. COHEN: We understand that's a target date. But as David indicated, you know, with respect
to, you know, when -- when it's actually transmitted in -- in the work that we receive back from DCA
that it is subject to change based on the substantive aspects of -- of that order.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Yeah. First of all, rather than the way this is scheduled, I'd rather
do one to two dates and then finish it and do another one. This leapfrogging from one to the other, I'm
not comfortable with. And, also, why are we planning something seven months in advance? Can't we
wait? You know, David's saying these dates might be nowhere near it. Why don't we just wait till we get
near it?
CHAIRMAN STRAIN: I don't have a problem with that, but if staff doesn't. I think the AUIR issue
was more of a coordination with the productivity committee that we now are linked with for that issue.
COMMISSIONER MURRAY: We are?
CHAIRMAN STRAIN: So I don't mind holding offunless the staff has a reason that they need
these dates early. Maybe ask us during the summertime in two months, three months ahead of time
might work a lot better. Some of us may not even know if we're going to be here or not.
MR. WEEKS: Mr. Chairman.
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: Perhaps once we receive the ORC fee, ORC report back from -- from DCA, then we
will know definitively what our time line is for adoption of these amendments. So perhaps at that time
we can come back to you for dates.
CHAIRMAN STRAIN: Okay. That's a good suggestion, Mr. Schiffer. Thank you. Let's just defer
these decisions until we get closer to the dates on it. If anybody objects, please say so. Otherwise, we'll
follow through with that.
(No response.)
Page 106
'6
l I 1
March 16, 2006
CHAIRMAN STRAIN: Hearing none, I'm hoping the public's here to comment.
Ms. Student.
MS. STUDENT-STIRLING: Yes. I had a telephone call from Mr. Schmitt. And he said that he
gave some incorrect information concerning Enzo' s Pizza to the board. And he was concerned that that
may have affected your decision. And he found that it was proper to have the owner/builder apply if it
was for $25,000 or less of improvements. Which it was. It was for $15,000 worth of improvements. So
long as that was the principle business ofthe owner, which it was, and he wanted me to ask you if you
would consider reconsidering the item and then setting it for the actual reconsideration, you know, at a
later -- later time.
CHAIRMAN STRAIN: Okay. In order to reconsider, what rules are we following? Who can make
the reconsideration? It takes one member to make it. Is it a member of the assenting or descenting
position.
MS. STUDENT-STIRLING: It's a member that voted with the majority, so that would be someone
that voted against.
CHAIRMAN STRAIN: That voted against the majority?
MS. STUDENT -STIRLING: No. That would be --
CHAIRMAN STRAIN: Against the --
COMMISSIONER ADELSTEIN: And the majority voted against it.
COMMISSIONER MURRAY: As the majority voted against as part of the majority.
CHAIRMAN STRAIN: Okay. That's what I'm asking. So that means--
COMMISSIONER MURRAY: Everybody but you.
CHAIRMAN STRAIN: Anybody but me. You know where my heart is so you guys --
COMMISSIONER ADELSTEIN: I don't see any reason to go back and do it again.
COMMISSIONER SCHIFFER: And let me state one thing. He's basing that on the $15,000 that
they put on the application. So if that was the accurate piece of information on the application, that
would be a really inexpensive building.
CHAIRMAN STRAIN: I'm not sure we ought to debate it unless we're going to reconsider it. So
let's just decide if we're going to reconsider it or not. Does anybody here want an offer for
reconsideration in Enzo' s Pizza's application that we heard this morning?
(No response.)
CHAIRMAN STRAIN: Hearing none. Thank you, Margie. We have no other discussion. Do I
need a motion to adjourn?
COMMISSIONER ADELSTEIN: I move you adjourn. The meeting be adjourned.
COMMISSIONER SCHIFFER: I'll second.
CHAIRMAN STRAIN: Motion made and seconded and we're over. Thank you all.
Page 107
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March 16, 2006
*****
There being no further business for the good of the County, the meeting was adjourned by order of
the Chair at 4:04 p.m.
COLLIER COUNTY PLANNING COMMISSION
MARK STRAIN, CHAIRMAN
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY
DANIELLE AHREN AND CAROLYN J. FORD, RPR.
Page 108
ENVIRONMENTAL ADVISORY COUNCIL Fiala
AGENDA Ha~s
May 3, 2006 Henning
Coyle
9:00 A.M. C I
Commission Boardroom 0 atta
W. Harmon Turner Building (Building "F'1- Third Floor
/
I. Call to Order
II.
Roll Call
."\...,..
III.
Approval of Agenda
2006
IV. Approval of April 5, 2006 Meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Planned Unit Development No. PUDZ-2005-AR-8337
"Brooks Village CPUD"
Section 15, Township 49, Range 26
B. Planned Unit Development No. PUDZ-A-2005-AR-8438
"Windstar PUD"
Sections 11, 14 & 23, Township 50 South, Range 25 East
VII. Old Business
A. Update members on projects
VIII. New Business
A. Elect new Vice Chairperson
B. Lely Area Stormwater Improvement Project (LASIP) - Stormwater Management Department
C. Listed species compensation - USFWS
IX Subcommittee Reports
X. Council Member Comments
XI. Public Comments
XII. Adjournment
**************************************************************************
******************************
Council Members: Please notify the Environmental Services Deoartment no later than 5:00
O.m. on Aoril 28, 2006 if vou cannot attend this meetina or if vou have a conflict and will
abstain from votina on a oetition (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.
Misc. Corres:
Date:
ltem#:U r~.1
Copies to:
April 5, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, April 5, 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
Judith Hushon
Irv Kraut
Erica Lynne
Nick Penniman
Michael Sorrell-excused
ALSO PRESENT: Stan Chrzanowski, Planning Review
Jeffrey A. Klatzkow, Assistant County Attorney
Susan Mason, Senior Environmental Specialist
Bill Lorenz, Director of Environmental Services
Barbara Burgeson, Sr. Environmental Specialist
1
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AprilS, 2006
I. Call to Order
The meeting was called to order by Chairman William Hughes at 9:06 AM.
II. Roll Call
A quorum was established.
III. Approval of Agenda
Ms. Mason noted that item "VIII. New Business, C. Listed species compensation
- USFWS" will be rescheduled for the May meeting. Presenters for item "VI.
Land Use Petitions" have not arrived, therefore "VIII. New Business, D. Estuary
Report Card update - Conservancy of Southwest Florida" can be heard first.
No formal motion or second was taken; though a vote occurred on the
approval of the agenda, it carried unanimously 8-0.
IV. Approval of March 1,2006 Meeting Minutes
Page #5. under Mr. Penniman's comment the word "service" should read
"surface". Page #2. under Dr. Hushon's comment the word "The" is to be added
before 'South Florida Water Management' and "District" afterward, "Core"
should have read "Corps", and the correct spelling of "Mirasol".
Mr. Penniman moved to approve the March 1, 2006 minutes with
amendments noted. Second by Mr. Dolan. Carries unanimously 8-0.
V. Upcoming Environmental Advisory Council Absences
Dr. Hushon and Mr. Hill will be absent for the June meeting. Mr. Penniman will
be absent for the May meeting.
VIII. New Business
D. Estuary Report Card update - Conservancy of Southwest Florida
Jennifer Hecker, Conservancy of Southwest Florida gave a Power Point
Presentation that is available for viewing on the website. The presentation she
gave will be updated and presented every three years.
Mr. Hughes gave kudos.
The meeting recessed at 9:42 AM reconvening at 9:51 AM.
VI. Land Use Petitions
2
- 1 "
,~':,
II
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April 5,2006
A. Site Development Plan No. SDP-2005-SR-8088
"The Reserve at Eden Gardens"
Section 31, Township 46 S, Range 29 E
Presenters were sworn in by Mr. Klatzkow.
No disclosures were addressed.
Kristina Ramsey presented a revised site development plan pursuant to staff
recommendation to deny. The project will fulfill needed affordable housing
for the County. The designated upland preservation will allow for Gopher
Tortoise relocation on site and conservation of existing mounds. No Scrub
Jays have been located; though staff recommendation to have the US Fish and
Wildlife Service examine the site and make a determination is amenable. The
revised site development plan addresses staff stipulations. Pursuant to the
revised site development plan it is agreed to have upland preservation, meet
all Florida Fish and Wildlife Conservation Commission regulations regarding
on site Gopher Tortoise relocation, and present the Scrub Jay issue to the Fish
and Wildlife Service to reach a congruent plan to implement.
Ms. Mason reviewed the revision and concurs. There are LDC requirements
for the Gopher Tortoise relocation.
The engineering consultant added that the flow pattern will remain the same
as previously set out with a control structure. The discharge location will
remain the same. It is designed for the 25 year storm, with elevations set for
the 100 years storm.
Dr. Hushon expressed concerns about Gopher Tortoise relocation due to poor
results of an 80% mortality rate within three years of relocation. David
Bishoff addressed the issue noting that an ideal relocation site is several
hundred acres; not the two optional relocation sites under ten acres. Mitigation
is not permitted.
Cormack Giblin noted that the project is aimed at affordable housing for
farm workers.
Mr. Hughes voiced concerns about the watershed, and the environmentally
sensitive location of the project being affected by children's destructive
behavior. Ms. Ramsey replied that there are two conservation easements that
will be placed on the property.
Brad Cornell, Collier County Audubon Society and Audubon of Florida
asked questions of the staff and presenters. He mentioned that if proj ects are
changed right before a presentation it does not allow the public to know the
proper information. He also feels uncomfortable not knowing how the Scrub
3
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16/1
April 5,2006
Jay situation will be handled and the piece meal project state of affairs; he
asked the board to defer their decision until more is known.
Dr. Hushon would like all EIS packet maps in color.
Bill Lorenz addressed the postponement issue noting that the project has been
evolving. There is a time constraint for funding and grants. The project could
be brought back for review.
Mr. Klatzkow asked that the Council take the importance of the public
project into consideration and to state specific objections for the record
instead of noting concerns.
Mr. Hughes replied that his concerns are not having the final report from
authorizing agencies.
Mr. Penniman moved to approve project No. SDP-2005-SR-8088, "The
Reserve at Eden Gardens", Section 31, Township 46 S, Range 29 E with
two qualifications: staff review missing elements and when comfortable
with them pass them along at the next meeting, and secondly the
developer educate the residence on the environmental sensitivities.
Mr. Klatzkow added that it will be subject to all of the representations made
by the developer if they are not met then there will be consequences.
Ms. Mason also added that the project will go by the revised plan presented
including a Scrub Jay habitat evaluation by the Federal Wildlife Service with
follow through, relocation of the Gopher Tortoises will comply with the Land
Development Code and Florida Fish and Wildlife Conservation Commission
guidelines, and a permanent fence will be placed east of the lake shown on the
revised plan.
Mr. Penniman amended his motion to include Mr. Klatzkow's and Ms.
Mason's comments. Second by Mr. Dolan. Motion carries 7-1 with Dr.
Lynne opposed.
VII. Old Business
A. Update members on projects
Ms. Mason noted that the Board of County Commission has not heard any
land use petitions since the last Environmental Advisory Committee meeting.
A request was made to have a representative from Parks and Recs to make a
presentation on the Keewadin shuttle project. They replied that they are in
negotiations with Rookery Bay and therefore the Council can petition the
Board of County Commission to direct the staff to make a presentation.
4
...
APrils,2ooJ f.,. , 1
Mr. Penniman suggested having the Environmental Advisory Council
petition the County Manager for a presentation by Parks and Rec.
Mr. Hughes suggested writing a letter that includes wanting to review the
proposed shuttle to Keewadin in light of the decision that was reached on a
similar project the month before. Dr. Hushon agreed to composing a letter
that she will send to staff for approval.
Having recommended denial for a similar project the Environmental Advisory
Council desires to have a presentation of the proposed project before
culmination due to potential environmental concerns.
Mr. Klatzkow also suggested going before the County Manager.
It was decided to have Ms. Mason go before the County Manager; if she is
unsuccessful then she will request a letter to be written to the Board of County
Commission.
VIII. New Business
A. Outstanding Advisory Council Member Nominations
Erica Lynne had been nominated as an Outstanding Advisory Council
Member at the previous meeting; though no vote was taken on the motion.
Mr. Penniman moved by acclimation. Second by Mr. Hill. Motion
carries unanimously 8-0.
B. Environmental Advisory Council Absences
Previously addressed.
C. Listed species compensation - USFWS
Reschedule for the May meeting.
D. Estuary Report Card update - Conservancy of Southwest Florida
Previously addressed.
E. Landfill gas monitoring - Solid Waste Management Department
Dan Rodriguez, Solid Waste Management Department Director gave a
Power Point Presentation (see attachment) overviewing the monitoring
process.
5
April 5, 20061 4 /1
Mr. John Wong, Director of Operations for Waste Management Inc.
added that they are looking into converting landfill gas to a gas into energy
project thereby creating a usable energy. Two options are being examined,
one it to have the gas piped to a County Water Treatment Plant and other
businesses surrounding the Plant, or to set up a gas to energy plant on site in
order to sell the energy to FP&L. 2,000 cubic feet of gas is being produced
per minute. The County owns the gas rights.
Mr. Hughes suggested looking into magnetic hyperdynamics.
Mr. Rodriquez mentioned that there has been a substantial decrease in waste
since the implementation of recycling.
Mr. Hughes suggested legislation changes to container laws.
Public Speakers-
Bob Krasowski suggested separating organic products along with the
separation of the recyclables for later use. He suggested having the new cell
at the building be used in this manner.
The meeting recessed at 11:55 AM reconvening at 12:05 PM.
Mr. Hughes mentioned the parking spaces set out in the parking lot for
Committee Members.
F. Further Discussion of CCME Objective 2.1 (Watershed Management
Plans)
Mr. Lorenz demonstrated the final language for the CCME EAR document
under Objective 2.1.
When presented to the Board of County Commissioners the Council would
like it known that they want the word "plants" remain in the document where
they had been removed. Concerns were expressed about the Watershed
Management plan being properly presented to the Board of County
Commission.
Dr. Hushon distributed a proposal letter intended for the Commissioners
relevant to watersheds.
There was no formal vote or second though a vote occurred where all
were in favor of forwarding the letter.
Public Speakers-
6
...--___.......,~-" I ,,-----.~.'".-..-.,'-'".--.~
April 5, 200} 6 11
Nicole Ryan, Conservancy of Southwest Florida mentioned that there is a
lot of data that can be pulled together for the watershed management plan. She
questioned how policies can be implemented without the plan. Regarding
6.1.1.5.b. and 6.1.2.5.b pages #17 and #21 the Conservancy proposed the
verbiage "benefit". She herself will present this to the Board of County
Commissioners.
Dr. Hushon moved to utilize "benefits" instead of "no adverse impacts"
within the two sections. Second by Mr. Penniman. Motion carries 8-0.
G. Creation of subcommittee to review Preserve amendments to the LDC
Mr. Lorenz gave a Power Point Presentation (see attachments) reviewing the
potential charge for the subcommittee.
Mr. Hughes recommended Dr. Hushon, Mr. Kraut and Mr. Dolan as
members.
I. Subcommittee Reports
None
II. Council Member Comments
Mr. Dolan has heard from US Fish and Wildlife and the Fish and Game
Commission that they do not have the time or manpower to provide the technical
assistance letters being requested by the Collier County Staff. Projects are
delayed on account of this. These entities would like to see the County stand on
its' own two feet and make decisions.
Mr. Lorenz replied that the requirement of technical assistance for a deviation
comes from the Growth Management Plan.
Ms. Burgeson added that nothing can be approved without technical assistance
for a deviation.
Mr. Penniman announced that he may need to resign do to his future schedule
conflicts with Environmental Advisory Council meetings for July, August,
September, and October.
Mr. Klatzkow will look into getting a deviation or remotely attending meetings
for Mr. Penniman.
III. Public Comments
7
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April 5, 2006
Bob Krasowski informed the Council that solid waste presenters spoke to the
Board of County Commission about conversion technology (incineration). He
encouraged the Council to look at the sub-element for solid waste in the Growth
Management Plan. Conversion technology has no place in Collier County.
Consultants to the Counties Solid Waste Department are pro burn, pro landfill.
He presented inclusion of a program including solar technology, efficient
appliances, and waste recovery within the housing sub-element to the Growth
Management Plan.
*****
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chair at I :22 PM
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL
Chairman William Hughes
8
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF MAY 4. 2006
I. NAME OF PETITIONERlPROJECT:
Petition No.:
Petition Name:
PUDZ-2005-AR-8337
Brooks Village Commercial Planned Unit
Development
Sembler Florida, Inc.
R W A Consulting, Inc.
Boylan Environmental Consultants, Inc.
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
II. LOCATION:
The subject property is located in Golden Gate Estates (Unit 26) on the southwest
quadrant of the intersection of Collier Boulevard (CR-95 I) and Pine Ridge Road
(CR-896) and is bordered on the south by II th A venue SW. Section 15, Township
49 South, Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The surrounding properties are located in the Neighborhood Center located within
the Golden Gate Master Plan. Neighborhood Centers are designed to concentrate
all commercial zoning in locations where traffic impacts can be accommodated.
The Estates Land Use Designation encompasses lands which are subdivided into
semi-rural residential parcels consisting of the Golden Gate Estates Subdivision.
N-
ZONING DESCRIPTION
Commercial (C-3) Developed
Estates (E) Undeveloped
Estates (E) Single-family
residential
Estates (E) Undeveloped
S-
E-
w-
IV. PROJECT DESCRIPTION:
-"'l
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Item VI.A.
EAC Meeting
Page 2 of7
Brooks Village CPUD will offer intermediate commercial and retail uses to the
surrounding Estates residents. The proposed project will follow the guidelines of
permitted uses in Section III of the PUD Document and comply with the
prohibited uses set forth in the Golden Gate Area Master Plan.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Estates (Estates - Mixed Use District,
Neighborhood Center Subdistrict), as identified on the Future Land Use Map in
the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan.
Relevant to this petition, the Neighborhood Center Subdistrict permits
neighborhood commercial uses and conditional uses of the "E" zoning district,
subject to specific development standards. The intent of the Neighborhood Center
Subdistrict is to allow for development to provide basic goods, services and
amenities to Estates residents while maintaining the semi-rural character ofthe
area. This includes "intermediate commercial so as to provide for a wider variety
of goods and services in areas that have a higher degree of automobile traffic...
uses shall be similar to C-I, C-2 or C-3", though some uses are specifically
prohibited; and, conditional uses in the "E" zoning district.
Based upon the above analysis, the proposed uses and development standards
may be deemed consistent with the GGAMP.
Conservation & Coastal Manaeement Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards" .
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(d ischarge) to the estuarine system".
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing a
16/1
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.
EAC Meeting
Page 3 of7
lake and two dry detention areas to provide water quality retention and peak flow
attenuation during storm events.
The project as proposed is consistent with the Policies in Objective 6.1 of the
Conservation & Coastal Management Element, for the following reasons:
Fifteen percent (15%) of the existing native vegetation is required to be retained.
Fifteen percent of the site has been identified for retained native vegetation
preservation within the PUD boundaries.
In accordance with Policy 6.1.1 (3), required preservation areas are identified on
the PUD master plan. Allowable uses within the preserve areas are included in the
PUD document. Uses within preserve areas shall not include any activity
detrimental to drainage, flood control, water conservation, erosion control, or fish
and wildlife conservation and preservation.
Preserve management plans are required at the time of Site Development
Plan/Construction Plan submittal. Preserve areas shall be required to be
maintained free of Category I invasive exotic plants, as defined by the Florida
Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (EIS) pursuant to Policy
6.1.8 has been satisfied.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the Environmental Impact Statement (EIS).
VI. MAJOR ISSUES:
Stormwater Manaf!ement:
This is a 22.73 acre site with small on-site wetlands, so it will be permitted by
SFWMD unless that agency determines that County Engineering staff can review.
The Conceptual Water Management Plan submitted with the project application
seems to show all the water routed toward the west. The topography seems to
indicate that prior to the construction of SR 951 and its canal, flow was probably
to the south, but the gridwork of roads and canals in Golden Gate Estates has
altered those historical flow patterns. The main storm water treatment /
attenuation system consists of a standard dry detention and wet detention (lake)
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EAC Meeting
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combination to achieve water quality treatment and peak flow attenuation. A
topography of the area is attached.
Environmental:
Site Description:
The subject property is a vacant 22.73 acre parcel located on the southwest comer
of Pine Ridge Road and Collier Boulevard (C.R. 951), formerly Golden Gate
Estates parcels. The existing land uses for the site include improved and
unimproved roads, a utility easement, and undeveloped, forested lands. The
project is surrounded by Golden Gate Estates parcels and houses, commercial
development north of Pine Ridge, and a canal, roadway and more Golden Gate
Estates parcels to the east of Collier Boulevard.
An aerial photograph with FLUCFCS mapping is included in the EIS and
includes off-site habitats 200 feet from the property line. An aerial showing
wetlands is also provided, as well as habitat descriptions and acreages.
Wetlands:
There is a small (0.20 acre) jurisdictional Cypress (FLUCFCS 621) wetland
located in the northwestern portion of the project site. The project plans call for
completely impacting this wetland.
Preservation Requirements:
The Golden Gate Area Master Plan Element of the GMP allows the preservation
requirement to be met within the 75 foot buffer requirement adjacent to
residential lots. The vegetation in the proposed Preserve area is heavily vegetated
with mainly Pine Flatwoods and some Cypress/Cabbage Palm mix. The Preserve
requirement is 3.1 acres, as shown in the EIS and PUD Master Plan maps.
Listed Species:
According to the EIS, no listed animal species were found. One plant species
listed by the Department of Agriculture & Consumer Services, common wild pine
air plant (Tillandsia fasciculata), was found throughout the site. This plant is
classified as Endangered. Relocation of these plants from construction areas to
the on-site Preserve will be determined at the time of Site Development
Plan/Construction Plan review, based on GMP/LDC regulations.
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EAC Meeting
Page 5 of7
VII. RECOMMENDATIONS:
Staff recommends approval of PUDZ-2005-AR-8337 with the following
conditions:
Stormwater Manae:ement:
1. A SFWMD Surface Water Management or Environmental Resource Permit
must be obtained prior to final SDP/PPL approval.
Environmental:
No additional conditions.
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PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
LAURA ROYS GIBSON DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
MELISSA ZONE DA TE
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
Page 7 of7
REVIEWED BY:
BARBARA S. BURGESON DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
WILLIAM D. LORENZ, Jr., P.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
STEVEN GRIFFIN DATE
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
JOSEPH K. SCHMITT DA TE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRA TOR
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ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF MAY 3. 2006
I. NAME OF PETITIONERlPROJECT:
Petition No.:
Planned Unit Development
No. PUDZ-A-2005-AR-8438
Windstar PUD
Lakeview Drive of Naples, LLC
Davidson Engineering, Inc.
Kevin L. Erwin Consulting Ecologists,
Inc.
Turrell & Associates, Inc.
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
II. LOCATION:
The subject property is located west of Bayshore Drive and south of US 41
abutting the City of Naples city limits in Sections 11, 14 and 23, Township 50
South, Range 25 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are mostly developed, with the following zomng
classifications.
ZONING
DESCRIPTION
N-
RMF-6
MH
RMF-6-ST, MH, RMF-6
Partly Developed
Developed
Haldeman Creek
S-
PUD (Southpointe Y acht Club)
Developed
E-
RSF-4
RMF-6
RMF-6-BMUD-Rl
RSF-6-BMUD-Rl
MH
R.O.W.
RMF -6
Developed
Partly Developed
Partly Developed
Partly Developed
Developed
Bayshore Dr.
Developed
1 h I J
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EAC Meeting
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R.O.W.
Fern Street
W-
City of Naples
Haldeman Creek &
Naples Bay
Residential-
Developed
City of Naples
IV. PROJECT DESCRIPTION:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-
acre tract that is commonly referred to as "the Fisherman's Village tract" for
which a maximum of 156 multi-family units were analyzed in the Traffic Impact
Statement and the Environmental Statement). As staff understands the petitioner's
proposal, the pending proposal adds the 72 dwelling units that would be allowable
in the existing Fishennan's Village tract with its RMF-6 (3.5 acres) and RMF-
6(3) (17.0 acres) zoning to the allowable maximum 549 dwelling units of the
existing PUD document for a total of 621 dwelling units in the newly configured
341.21 acre PUD project. The originally approved density was 1.715 units per
acre; the proposed density would be 1.82 units per acre (621 units -7- 341.12 acres
= 1.82 units per acre). Also proposed are accessory uses such as parking,
clubhouse areas, and wet slips along Haldeman Creek. Access to serve the
residents of this tract is proposed from Lakeview Drive, as well as internal access
from Windstar Boulevard. No development changes to the existing Windstar
PUD are proposed.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban Mixed - Use District, Urban
Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). The Urban Mixed - Use District permits a variety of
residential and non-residential land uses including mixed-use developments such
as Planned Unit Developments. The subject site is also within the Traffic
Congestion Area, part of the Density Rating System, and the site is entirely within
the Coastal High Hazard Area (CHHA) - that area lying within the Category 1
evacuation zone as defined in the Southwest Florida Regional Planning Council
Hurricane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling
units/acre (DU/A) throughout the Urban - Mixed Use District (except for the
Urban Residential Fringe capped at 1.5 DU/A), whether in or out of the CHHA.
But, because the site is located within the Traffic Congestion Boundary it is
. ..~. ..<-_.~ .. ..t.<l>..
11.11
EAC Meeting
Page 3 of9
subject to a 1 DU/ A reduction, thereby making the site eligible for an adjusted
base density of3 DU/A.
It should also be noted that the Evaluation and Appraisal Report (EAR)
recommends limiting the density to a maximum of 4 DU/ A in the CHHA and
replacing the Traffic Congestion Boundary (TCB) reduction with a CHHA
reduction of I DU/ A. The result would be the same in this case- 3 DU/ A.
The existing Windstar PUD provides for 549 dwelling units on 320.6::1:: acres (1.7
DU/ A). The proposed Windstar RPUD seeks 621 dwelling units on 341.1::1:: acres
(1.8 DU/ A). The conceptual site plan for the additional 20.52 acres includes 138
dwelling units. The subject petition would result in an overall increase in density
in the Windstar RPUD, but within the allowable gross density of3 DU/A for the
entire PUD. As with all residential rezones, density afforded by the Density
Rating System is the density that a given project is eligible for - it is not an
entitlement; for the subject petition.
FLUE Objective 7 encourages the use of smart growth principles. The applicant
has addressed several of these, including a diversity of housing types,
connectivity to adjacent projects, open spaces and pedestrian and bicycle paths.
Based on the above analysis, and subject to the changes required in the last
paragraph, staff concludes that the proposed development may be deemed
consistent with the Future Land Use Element of the Growth Management Plan.
Conservation & Coastal Manae:ement Element:
In accordance with Objective 2.4 and Policy 2.4.1, the Florida Department of
Environmental Protection (FDEP) shall be notified of development projects
within Rookery Bay Aquatic Preserve watershed. A copy of the Site Development
Plan and Environmental Impact Statement will be forwarded to FDEP.
The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation & Coastal Management Element, for the following reasons:
Greater than twenty five percent (25 %) of the existing native vegetation will be
retained in the lands to be added into the PUD and set aside as preserve areas with
conservation easements prohibiting further development. Selection of
preservation areas, are consistent with the criteria listed in Policy 6.1.1.
Habitat management and exotic vegetation removal/maintenance plans are
required at the time of Site Development Plan/Construction Plan submittal.
Preserve areas shall be required to be maintained free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant Council. A preliminary
-~_._,..,~_.. ,
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EAC Meeting
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preserve area management plan for the preserve within the Fishermans Village
portion of the PUD is included in the EIS.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (EIS) pursuant to Policy
6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency
permits prior to the issuance of a final local development order permitting site
improvements (Site Development Plan). As stated in Policies 6.2.3 and 6.2.4,
where permits issued by jurisdictional agencies allow for impacts to wetlands
within the Urban Designated Area and require mitigation for such impacts, this
shall be deemed to meet the objective of protection and conservation of wetlands
and the natural functions of wetlands within this area.
In accordance with Policy 6.2.6, required preservation areas are identified on the
PUD master plan. Allowable uses within the preserve areas are included in the
PUD document. Uses within preserve areas shall not include any activity
detrimental to drainage, flood control, water conservation, erosion control, or fish
and wildlife conservation and preservation.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the Environmental Impact Statement (EJS). Wildlife habitat management plans
for listed species are required at the time of Site Development Plan/Construction
Plan submittal. A preliminary manatee education and awareness plan for the site
is included in the EIS.
In accordance with Policy 7.2.1, the PUD is in compliance with the marina siting
criteria contained in the Manatee Protection Plan.
VI. MAJOR ISSUES:
Stormwater Manaeement:
The purpose of this PUD amendment is to add the Fishermen's Village SOP that
was already reviewed by the EAC to the Windstar PUD. The Engineering
Review Department doesn't see any new issues that concern the management of
the project's stormwater that will be caused by this procedural matter.
....---r--
EAC Meeting
Page 5 of9
Environmental:
Site Description:
The proposed amendment will incorporate the 20.52 acre Fishermans Village
parcel into the existing Windstar PUD. The 320 acre existing Windstar PUD is a
developed residential and golf course project with both single-family and multi-
family residences, an 18 hole golf course, several stormwater lakes, and preserve
areas.
The Fishermans Village site has been significantly altered by previous land use
with areas of mowed grass, scattered slash pine and cabbage palm, residual
cabbage palm hammocks, an excavated lake, and mangroves. The Fishermans
Village site is currently being permitted as a temporary spoil disposal site for the
County's Haldeman Creek dredging project and the majority of the proposed
development area will be significantly altered prior to development. Site plans
depicting conditions on-site before and after the County's use of the property are
included in the ElS.
The Fishermans Village soils map identifies four soil types mapped on-site with
two soils being dominant. The northern portion of the site is identified as Durbin
and Wulfert Mucks, which are typically found in tidal mangrove swamps. The
southern portion of the site is mapped as hydric soils and has been previously
impacted.
Wetlands:
In association with the County's permitting of the Fishermans Village property as
a temporary spoil recipient site for the Haldeman Creek dredging project, the
County has had site wetlands delineated. According to the County's delineation
there are currently 5.2 acres of jurisdictional wetlands (4.7 acres) and other
surface waters (0.5 acres) south of Haldeman Creek. Additionally, Kevin L.
Erwin Consulting Ecologists have mapped, based on photo interpretation, an
additional 4.9 acres of wetlands (1.8 acres) and other waters (3.1 acres) north of
the southern property, including Haldeman Creek. All development work
proposed is south of the Creek in the area delineated as part ofthe County's
dredge project. Additionally, the project has expanded to the south to include a
pre-existing apartment complex, which includes a 0.4 acre surface water
management lake, which will be relocated. Based on the proposed spoil
stockpiling permit for the County, approximately 0.4 acres of wetlands and 0.5
acres of Other Surface Waters will be impacted and mitigated for by the County.
Mitigation for impacts by the County will be by purchasing credits from local
mitigation banks.
-'~"+."'~-
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EAC Meeting
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The Fishermans Village project proposes to impact an additional 0.9 acres of
wetlands (0.3 acres of created mangrove forest, 0.4 acre of mangrove forest, 0.1
acre of restored mixed forested wetlands, and 0.1 acre of shrub and brush land)
and 0.4 acres of the existing water management system. To offset the impacts to
these wetlands, the developer intends to conduct on-site wetland enhancement
and preservation of 3.6 acres of coastal-forested wetland. Final wetland plans and
wetland mitigation activities will be finalized during discussions with state and
federal permitting agencies. If necessary, the balance of wetland impacts will be
offset by purchasing forested saltwater wetland mitigation credits from Little Pine
Island Mitigation Bank. Preliminary Uniform Mitigation Assessment Method
(UMAM) data sheets for the project are included as Exhibit K in the EIS.
Preservation Requirements:
The Fishermans Village property has been significantly altered by previous land
use and the majority of uplands are maintained (mowed) grassy areas with
clusters of pine and cabbage palm. Prior to initiation of construction of the
Fishermans Village project, the site will be further altered by the County's use of
the property as a temporary spoil site for maintenance dredging of Haldeman
Creek. Approximately 6.95 acres of native vegetation were present on the
Fishermans Village site prior to the County utilizing the property.
In accordance with the County Growth Management Plan (GMP) and Land
Development Code (LDC), a minimum of twenty-five percent of the native
vegetation on-site will have to be retained (6.95 acres X .25 = 1.74 acres). The
2.66 acre preserve on the east side ofthe Fishermans Village project exceeds this
requirement.
Conservation easements have been recorded for habitats on the Fishermans
Village site as part ofthe original development permits issued for the site (DER
Permit No.II23I5935 (4/17/91); SFWMD Permit No.II-01157-S (11/10/93);
USACOE Permit No.199003630 (8/6/93)). While the majority ofthe mitigation
was conducted for the original permits, the impact and development associated
with the original permits was not. The property owner intends to lift the existing
conservation easements and record easements over the preserves associated with
the current site plan.
Listed Species:
Surveys for listed plant and animal species were conducted on-site on October
19th and November 15t\ 2004. On October 19th the site was surveyed from 9:00
a.m. - II :30 a.m. with the majority of the focus on the open lands and mangrove
1 6 , 1 ",
EAC Meeting
Page 70f9
fringe. On November 15th the site was surveyed from 10:30 a.m. - 3:30 p.m. with
the majority of the focus on the native mangrove/bay, cabbage palm and tropical
hardwood areas. More recently, at the request of County staff, the entire PUD
property was examined for the presence of gopher tortoise burrows. No gopher
tortoises or gopher tortoise burrows were found on-site.
Listed wildlife species observed on-site include one tri-color heron (on two
occasions) and three white ibis foraging on the mud flat in the center ofthe
mangrove forest. The only listed plant species identified was the common (stiff-
leaved) wild pine (Tillandsia fasciculata) found in the mangrove forest.
Additionally, an osprey is nesting on a platform erected adjacent to the canal on
the eastern portion of the property.
The listed species observed were in areas that are proposed to be preserved. The
active osprey nest is located in an area that is to be retained as a
preserve/landscape buffer and the pole and platform will not be removed.
VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Amendment No.
PUDZ-A-2005-AR-8438 "Windstar PUD" with the following conditions:
Stormwater ManaS!ement and Environmental:
No additional stipulations.
1 ~, 1
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EAC Meeting
Page 80f9
PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
STEPHEN LENBERGER DA TE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
KA Y DESELEM DA TE
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
BARBARA S. BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
EAC Meeting
16'1
Page 90f9
WILLIAM D. LORENZ, Jr., P.E., DIRECTOR,
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
STEVEN D. GRIFFIN
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR, DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
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AdlllSOlY 00".-.1"..
2705 Horseshoe Drive South
Naples, FL 34104
SUMMARY OF MINUfES & MOTIONS
April 6, 2006
III. Approval of Agenda - Several items were added to the Agenda. It was moved,
seconded and carried unanimously to approve the Agenda as amended.
IV. Approval of Minutes - March 2, 2006
Minutes were approved unanimously.
V. Transportation Services Report
C. 2006-'07 Budget Review
Few changes were made.
Lew Schmidt moved to approve the 2006-'07 Budget as amended. Second
by Carol Wright. Carried unanimously 4-0.
IX. Working Group Updates
A. Utilities
Dick Lydon suggested organizing a campaign to send letters and/or emails to
FP&L trying to get some action.
As per email (attached) Scott Teach, Assistant County Attorney, stated that the
Vanderbilt Beach MSTU cannot spend public funds to bury power lines and
would need to specifically revise their Ordinance by amendment before the
Board of County Commissioners. Staff suggested moving forward with the
change.
The Committee requested additional review on the purpose of reviewing the
Ordinance.
Fiala
Halas
Henning
Coyle
Coletta
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Copies to:
11.-.,,'" 8MIC~ M.s.7.1t.
Adlll80lV OOllt".ltt..
2885 Horseshoe Drive South
Naples, FL 34104
April 6, 2006
Minutes
I. CALL MEETING TO ORDER
The meeting was called to order by Chairman Dick Lydon at 2:00 PM.
II. ATTENDANCE
Members: Dick Lydon, Charles Arthur (left at 2:15, returned at 3:28), Carol
Wright, Bud Martin, Lew Schmidt
County: Darryl Richard-Project Mgr., Tessie Silllery-MSTU Coordinator
Others: Robert Kindelan-CLM, Robert Lockwood-Manpower
III. APPROVAL OF AGENDA
Add under Old Business: D. Gu/fshore Drive Sidewalk & E. Bike Paths on
Bridges
Add under New Business: A. Clean-up & Beautification Vanderbilt Beach Road
South Side & B. Summer Meetings
Add under Transportation Services Report: 2006-07 Budget Review
Bud Martin moved to approve the agenda as amended. Second by Charles
Arthur. Carried unanimously 5-0.
IV. APPROVAL OF MINUTES: March 2, 2006
Carol Wright moved to approve the Minutes of March 2, 2006. Second by Bud
Martin. Carried unanimously 5-0.
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Tessie SilIery - budget distributed (Attached). Expenses were
covered along with Revenues. Discussion followed with minor changes.
B. Report on Interest Earnings - no report, carryover to next meeting under "Old
Business. "
C. 2006-2007 Budget Review - Darryl Richard & Tessie SilIery - distributed
and reviewed. Few changes were made. (Attached)
Lew Schmidt moved to approve the 2006-07 Budget as amended. Second by
Carol Wright. Carried unanimously 4-0.
VI. LANDSCAPE MAINTENANCE REPORT - CLM
· Normal maintenance was done
· Some ongoing sprinkler issues (sprinkler heads getting knocked oft)
· Hedges were trimmed
VII. OLD BUSINESS
A. Bike Path Update - Lew Schmidt - between III th & Vanderbilt Beach Rd. - no
1
(6f1-
report. The committee has had difficulty in communicating with Trinity Scott.
No answers or acknowledgements are being made. Darryl will get in touch with
Diane and try to resolve the problems.
B. Bench Update -Darryl Richard - Commercial Land quoted $3,057.20 to install
6 benches in 8 to 10 weeks.
Lew Schmidt moved to approve 53,057.20 for CLM to install the 6 benches.
Second by Bud Martin. Carried unanimously 4-0
Darryl informed the Committee the Vendor no longer makes the name plates.
Discussion followed.
C. Mailing Update - Dick Lydon/Carol Wright - Dick has an idea for a mailing
but will wait for Charles' report.
D. Gulfshore Drive Sidewalk - no information.
E. Bike Paths on Bridges - no information.
IX. WORKING GROUP UPDATE'S:
A. Utilities - Charles Arthur
Darryl reported they have not received the ROW agreement documents from the
FP&L Attorneys and are told they are still being finalized.
Dick Lydon stated there has been no progress in 4 years and suggested
organizing a campaign to send letters and/or emails to FP&L trying to get some
action. Darryl suggested it should be coordinated through Diane Flagg.
As per email (attached) Scott Teach, Assistant County Attorney, stated that the
Vanderbilt Beach MSTU cannot spend public funds to bury power lines and
would need to specifically revise their Ordinance by amendment before the
Board of County Commissioners. Staff suggested moving forward with the
change.
Dick stated Bayshore MSTU buried power lines and their Ordinance did not
mention power line burial. Lew mentioned Wilson Miller (Consultant)
recommended the Committee bury power lines.
The Committee requested additional review on the purpose of reviewing the
Ordinance.
B. Maintenance - Lew Schmidt - working group is pleased with replanting.
C. Tax Analysis - Bud Martin
D. Liaison - Dick Lydon
1. Report on Mayor Barnett's Ad Hoc Meeting- no report and no success in
contacting the right person in West Palm Beach on burying power lines.
VIII. NEW BUSINESS:
A. Clean-up and Beatification Vanderbilt Beach Road (South Side) - stagnant
water east of the Trieste.
Dick reported after several attempts and contacts with the County concerning
improvements to the area, something may finally get accomplished.
Charles Arthur spoke to the subject of burying the power lines and not having
enough funds to complete the whole project.
B. Summer Meetings
· May4-0K
· June 1 - OK
· July 6 - No meeting
2
1611
· August 3 - Subject to further discussion
. September 7 - Subject to further discussion
XI. PUBLIC COMMENTS
None
There being DO further business to tome before the Committee, the meeting was
adjourned at 3:40 PM.
The next meeting is scheduled for 2:00 PM, May 4, 2006
AT ST. JOHNS PARISH LIFE CENTER
625 111 TII Ave.
Naples, FL
3
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2885 Horseshoe Drive South
Naples, FL 34104
May 4, 2006
AGEN1)A
I. CALL MEETING TO ORDER
II. ATTENDANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: April 6, 2006
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Tessie SiIlery
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
D. Gulfshore Drive Sidewalk
E. Bike Paths on Bridges
F. Report on Interest Earnings
IX. WORKING GROUP UPDATE'S:
A. Utilities - Charles Arthur
B. Maintenance - Lew Schmidt
C. Tax Analysis - Bud Martin
D. Liaison - Dick Lydon
VIII. NEW BUSINESS:
XI. PUBLIC COMMENTS
XII. ADJOURNMENT
The next meeting is scheduled/or 2:00 PM, June 1,2006
AT ST. JOHNS PARISH LIFE CENTER
6251Um Ave.
Naples, FL
1611
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Vanderbilt Beach MSTU
MONTHL Y ACTIVITY. April Meeting Report
Title
Sub-Title
Amou nt
Other Contractual CLM - GM $2,549.40
Other Contractual CLM- Plantinas $15,423.11
Other Contractual CLM - Inc. $1,094.16
Other Contractual CLM - Inc. $900.00
Other Contractual CLM - GM - Februarv $2,473.28
Other Contractual CLM- Inc - Sod $850.80
Total $23,290.75
Other Misc. Servo Mancan - Secretary $186.22
Total $186.22
Indirect Costs County Fee $2,050.00
Total $2,050.00
Electricity FPL 8.71
Total $8.71
Sprinkler Maint. John Deere $317.81
Total $317.81
Fert/herb/chem Pro-Source $510.60
Total $510.60
Water/Sewer Collier Utilities $1,745.20
Collier Utilities $2,461.06
$4,206.26
Mulch Forestry Resource - 210 $411.60
Forestrv Resource-420 $823.20
Forestry Resource -560 $1,097.60
Forestry Resource - 140 $274.40
Forestry Resource- 280 baQs $548.80
Forestry Resource - 420 baas $823.20
Forestry Resource - 48 bags $94.08
Total $4,072.88
Totallnv. Paid $34,643.23
P.O History
Other Misc. S1. John Evangelist $1,800.00
Sprinkler IRepair Florida IrriQation $600.00
Capital Improvements Contract Connections - benches $5.100.00
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Page 1 of2
1611
RichardDarryl
From: TeachScott
Sent: Tuesday, April 04, 200612:17 PM
To: RichardDarryl
Cc: flagg_d; sillery_t; BarattaThomas; ashton_h
Subject: RE: Response to RLS 06-TRN-00048 Concerning Vanderbilt Beach MSTU Ordinance
Darryl,
I have reviewed the Vanderbilt Beach MSTU Ordinance and believe that it would have to be amended if the
MSTU wishes to spend public funds to bury power-lines. Section three (3) of the Ordinance states that the MSTU
was created for the purpose of: providing curbs, plants and water for medians and right-of-way edges, (2)
providing traffic calming improvements and lighting, and (3) beautification and maintenance of other public areas
within the MSTU as determined by the Advisory Committee. Although an argument can be made that burying the
power-lines will result in an enhanced appearance in the MSTU (i.e., "beautification"), I find that to be a stretch.
Further, you have given me no facts that would suggest that burying the lines is an act of required maintenance.
As a result, it is my recommendation that if the MSTU wishes to pursue the burial of its power-lines, the
Ordinance will need to be specifically amended. Please do not hesitate to contact me if you have any further
questions regarding this matter.
Scott R. Teach
Assistant County Attorney
From: RichardDarryl
Sent: Thursday, March 30, 2006 4:07 PM
To: TeachScott
Cc: flagg_d; sillery_t
Subject: RLS Concerning Vanderbilt Beach MSTU Ordinance
Importance: High
Scott,
Please review the attached Vanderbilt Beach MSTU Ordinance and make recommendation as to whether staff
should advise the Committee that the Ordinance should be revised to specifically state 'Burial of Power lines' in
the MSTU Ordinance.
Currently the Power line Burial Project is high on the list of priorities for the MSTU. And is the sole project which is
projected to encumber in excess of 2 million dollars.
Please call either Diane or myself if you should have any questions.
Thank you,
Darryl Richard
Project Manager
Collier County
Department of Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
Telephone: (239)659-5775
Fax: 239-530-6219
Cell: 239-253-9083
4/6/2006
.---..--.....--..---".. .. -~ .
16Kl
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16K2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16K3
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
16K4
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF April 19, 2007.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should bc hand delivcred to thc Board Office. The completed routing slip and original
documents arc to be forwarded to the Board Office only after thc Board has taken action all the itcm.)
ROUTING SLIP
ll,
.,J
J; ~~.,',.
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
r ~ .
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the check 1st, and orward to Sue FIlson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinl! order)
1.._ ---,--.-....... ,.,~, ".....~,.,-~ ,-
2. -
-- -".-,- ,-"-,._.<>~.....-".,.,,~ --, ''''~~'-'''' .----.- ....1.... ... 1< -
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 William E. Mountford Phone Number 774-8400
Contact
Agenda Date Item was May 9, 2006 Agenda Item Number l6-K-5
Approved by the BCC
Type of Document Settlement Agreement & Mutual Release Number of Original 3
Attached Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes NI A (Not
appropriate. (Initial) Applicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be WEM
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 N/A
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 WEM
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 WEM
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip N/A
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on May 9, 2006 and all changes made WEM
during the meeting have been incorporated in the attached document. The County
Attornev's Office has reviewed the chanl!es, if applicable.
7. Please return two executed orieinal documents to William Mountford, ACA WEM
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
05.0116/745
MEMORANDUM
Date:
May 22, 2006
To:
William E. Mountford
Assistant County Attorney
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement and Mutual Release
Enclosed please find two (2) original documents, as referenced above
(Agenda Item #16K5), approved by the Board of County Commissioners on
Tuesday, May 9, 2006.
The third original document is being kept in the Minutes and Records for
public record.
If you have any questions, please call me at 732-2646 ext. 7240.
Thank you.
Enclosures (2)
~','
l ~.. ,; :i\ {;~......
YL",,J
K5
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this 9th day of May, 2006 by and between LEONARD SZALKIEWICZ, (hereinafter
referred to as "Plaintiff") and Board of County Commissioners For Collier County
(hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Szalkiewicz v.
Howe, et al., Case No. 05-1606-CA (hereinafter referred to as the "Lawsuit"); and,
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
I
16KS
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
1 . Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Two Thousand Dollars ($2,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff,
Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that he has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
referred to or made in the Complaint in the Lawsuit.
2
16K5
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
3
16K'
-
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed
this Agreement and Release as set forth below.
DA TE[): . c;;-12-z-J Ok:>
ATTEST:: .'
DW1GHT E'.'BROCK, Clerk
~l'~
Attt~t.., _to CO~f~ t
t~.t... q{,llll
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~~~L
FRANK HALAS, Chairman
Date:
Date:
~-/J~{) 6
4
16K5
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF
AND COLLIER COUNTY, FLORID~ WAS SWORN TO and subscribed by LEONARD
SZALKIEWICZ, before me, this J!.Ji:^'day of 1-1 I ,2006.
';ry) 6/
, ~ 1 Personally Known
o ary Public
c~
S'
.S.....M:t.RiA.FERNANOA.tOP.Ez.....1
5 .&":":"~.... Com"" ooo..oRro ced Identification
, ~ - .."""
i 5':' . ~~ BondlldllW(IOiI)'i~- ._......
~. fc~ A ,--It ~ ItH:~':.. .....~~.~:t.1~s". "'. i
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires: [)3(o b ld)
Approved as to form and
legal sufficiency:
5
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.)
17 ,I,~
fL~.~
If I
ROUTING SLIP
Complete routing lines #1 through 114 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
f h eh . ,. d I h I # I h h #4 I h h kl d fi d S I
exception 0 t e amnan s sIgnature, raw a me trough routmg mes t rouo , complete t e c ec 1St, an orwar to ue Fi son (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. C:onrne., c:Johnwn
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bec approval. Nonnally the pnmary 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 BeC Chairman's signature are to be delivered to the BeC office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A proved by the BCC
Type of Document
Attached
TOll Q
.5:
Phone Number
Agenda Item Number
lf3l-57~
11A
I
N/A (Not
A licable)
(L
/"L
---
N/A is not
an option for
line 6.
I: Forms! County Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
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 a}v,are..of your deadlines'
The document was approved by the BCC on_ ,... i, .,' ~enter date) and all changes
made during the meeting have been incorponileJ i1t the attached document. The
County Attome 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
May 11,2006
To:
Tonia Leavitt, Operations Analyst
Engineering Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-115
Enclosed please find one copy of the document as referenced above
(Agenda Items # 17 A), approved by the Board of County
Commissioners on Tuesday, May 9, 2006.
The original document is being recorded and you will be sent a copy.
If you should have any questions, please feel free to contact me
at 732-2646 ext. 7240
Thank you.
Enclosure
:~ -, 1;\
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~
17A
RESOLUTION NO. 2006- 115
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FOR PETITION A VESMT 2005-AR
7656, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF A 10-FOOT WIDE
UTILITY E~SEMENT CONVEYED TO COLLIER COUNTY BY
SEPARATE ,INSTRUMENT RECORDED IN OFFICIAL RECORDS
BOOK 1457, PAGES 1492, ET SEQ., OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10-FOOT WIDE
RELOCATION UTILITY EASEMENT ALONG THE NORTHERLY
BOUNDARY OF THE MEADOWS AT QUAIL CREEK VILLAGE
LOCATED IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST.
WHEREAS, pursuant to Section 125.01(t), Florida Statutes, P.M.S., Inc., of Naples, as
agent for petitioner, Meadows at Quail Creek Village Corp., does hereby request the vacation of a
portion of a Utility Easement conveyed to Collier County by separate instrument recorded in
Official Records Book 1457, Pages 1492, et seq., of the Public Records of Collier County Florida,
and more particularly described in Exhibit "A", and acceptance of a 10-foot wide relocation
easement, more particularly described in Exhibit "B", located along the northerly boundary of The
Meadows at Quail Creek Village; and
WHEREAS, the Board of Collier County Commissioners has this day held a public hearing
to consider vacating the portion of the Utility Easement conveyed to Collier County by separate
instrument recorded in Official Records Book 1457, Pages 1492, et seq., of the Public Records of
Collier County Florida, and more particularly described in Exhibit "A", and accepting the 10-foot
wide Relocation Utility Easement, more particularly described in Exhibit "B", and notice of said
public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right of
convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
I. The County's easement interests over and across the Utility Easement, more particularly
described in Exhibit "A" attached hereto and incorporated herein, are hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit.
2. The lO-foot wide Utility Easement, more particularly described in Exhibit "B" attached
hereto and incorporated herein, is hereby accepted as a Relocation Utility Easement to the
Utility Easement vacated herein.
The Clerk to the Board is hereby directed to record a certified copy of this Resolution in the
Official Records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same, this.. C; fIJ
day of ----41 a. v' ,2006.
" L.t>-,
"...' .,,;..-,""..... ......
ATTEST:," "',
DWIG{lT E. BROCK, CLERK
~ n
, ~,' ~
-" ."lLJ :biJ10AiL Z
At '''''~~~p~ty Clerk
S 1 (.,tui'<! lv
f
3.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
._~~~
By: ::.:;:;' ' ~' ,-/'
FRANK HALAS, Chairman
Jeffre A.
Assist nt
atzkow
nty Attorney
3837138 OR: 4035 PG: 1297
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/11/2006 at 11:04AM DKIGHT E, EROCK, CLERK
REC m
COPIES
52.50
6.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 7240
BBLS
SURVEYORS & MAPPERS INe.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: 239-597-1315
FAX: (239) 597-5207
E:XtJISI'T 4
PAc,G I <:)F' Z
17 A
LEGAL DESCRIPTION
A PORTION OF A 10' UTILITY
EASEMENT FOR FORCE MAIN PURPOSE,
RECORDED IN O.R. 1457, PG. 1493
(TO BE VACATED)
co
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.......
.........
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
C)
P-.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID
SECTION 20, N.89'09'18"E., A DISTANCE OF 1,000.0 t FEET; LEAVING SAID SOUTH SECTION
LINE, THENCE ALONG THE EAST LINE OF THE WEST 1000.00 FEET OF SAID SECTION 20,
N.OI '08'47"W., A DISTANCE OF 100.00 FEET TO THE NORTH LINE OF THE COLLIER COUNTY
CANAL DRAINAGE RIGHT-OF-WAY AS RECORDED IN DEED BOOK 43, PAGE 267, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID NORTH LINE,
CONTINUE N.OI '08'47"W. ALONG THE EAST LINE OF THE WEST 1,000.00 FEET OF SAID
SECTION 20, A DISTANCE OF 175.00 FEET; THENCE N.89'09' 18"E., A DISTANCE OF 94.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE N.Ol '08'47"W., A DISTANCE OF 649.95 FEET; THENCE S.70'OO'00"E., A DISTANCE OF
10.72 FEET; THENCE S.OI '08'47"E., A DISTANCE OF 690.58 FEET; THENCE S.88'51'13"W., A
DISTANCE OF 10.00 FEET; THENCE N.Ol'08'47"W., A DISTANCE OF 44.51 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED.
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BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE OF
V ALEWOOD DRtVE AS BEING SOO'50'42"E..
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF
RECORD.
/? ~'
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L~~-e~2<.. 7 07112/05
BRETT A. BtSHOP, mTE OF FLORIDA, (L.S. #4760)
BBLS SURVEYORS & MAPPERS INC., (L.B. #6753)
z\PROJECT'.o463ISVRVEY\FORCE MAIN VACATION 05 26 05.1wp
PROOFED BY ,;Tf!z,tt:. ~
SEE ATTACHED SKETCH
(SHEET 2 OF 2)
SHEET I OF 2
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17 A
This instrument prepared by:
Tamela Early Wiseman, Esquire
Tamela Wiseman, P .A.
300 Fifth Avenue South, Suite 221
Naples, Flonda 34102
DEED OF REPLACEMENT UTILITY EASEMENT
FOR FORCE MAIN PURPOSES
J THE UTILITY EASEMENT(S) (CUES), are granted and conveyed this ~,::f{J day of
. fcnUOr1t ' 200~ BY QUAIL CREEK VILLAGE FOUNDATION, INC., a Florida
corporation ot for profit as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY,
AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, its successors and assigns, GRANTEE.
WITNESSETH; That the Grantor for and in consideration of the sum often dollars ($10.00) and
other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by
Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a
perpetual, non-exclusive easement, license, right and privilege to enter upon and to install,
relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portiones)
thereof, in, on, over and under the following described lands located in Collier County, Florida,
to wit:
See attached Exhibit "A," which is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together
with the right and privilege to enter upon said land to excavate, relocate and/or take and/or
introduce materials for the purposes of constructing, operating, relocating, repairing and/or
otherwise maintaining the subject utility facilities and/or system(s) or portiones) thereof, in, on,
over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the
context allows.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first written.
~;
f/nP/ ftUnv,./
Si e OfWrss 'It
Clne. . A/. er
Printed name of Witness
QUAIL CREEK VILLAGE
FOUNDA nON, INC., a Florida corporation
not-for-profit
I ~ It" ~
li}~V-^
, '? its Presi nt
~~~O(h.~
if~ture ofWitnJ;ss I'
r\ I f', Sui \ \JqV\
Printed name of Witness
(Seal- Florida Corporation
Not-For-Profit)
STATE OF FLORIDA
COUNTY OF COLLIER
Th~ fo!'egolng
TrlNnAA,y
of said corporation.
instrument W~3
, 200~ by
~clmo~..vledgcd b..:.f0/(: Hie
~7 ,tnYMs
this
t ." uuy uf
on behalf
Sign E;A~ub6U"'"
Print
Personally Known ~; or Produced
Identification Type of Identification
Produced:
Affix Seal Below:
f
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f:X't/16IT 15
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BBLS
SURVEYORS & MAPPERS INC.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: 239-597-1315
FAX: (239) 597-5207
i) 7 /l~'
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LEGAL DESCRIPTION
REPLACEMENT 10' UTILITY EASEMENT,
FOR FORCE MAIN PURPOSES,
(OFFSITE)
THE MEADOWS AT QUAIL CREEK
VILLAGE
.........
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A PORTION OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
~
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COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE
SOUTH LINE OF SAID SECTION N.89'09'18"E., A DISTANCE OF 1,000.01 FEET;
THENCE ALONG THE EAST LINE OF THE WEST 1000.00 FEET OF SAID SECTION 20,
N.Ol '08'47"W., A DISTANCE OF 960.81 FEET TO THE NORTHERLY LINE OF THE
MEADOWS AT QUAIL CREEK VILLAGE; THENCE S.70000'00''E., ALONG SAID
NORTHERLY LINE, A DISTANCE OF 108.38 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.57033'24"E., A
DISTANCE OF 12.61 FEET; THENCE S.70000'00''E., A DISTANCE OF 414.02 FEET;
THENCE S.27040'58"E., A DISTANCE OF 14.85 FEET TO SAID NORTHERLY LINE,;
THENCE N.70000'00''W., ALONG SAID NORTHERLY LINE, A DISTANCE OF 432.69
FEET TO THE POINT OF BEGINNING.
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BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE
OF V ALEWOOD DRIVE AS BEING SOoo50'42"E.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
- ~ ~I, :::> 12/09/05
STEPHEN E. BERRY, STATE Or f'LORIDA, (L.S. #5296)
BBLS SURVEYORS & MAPPERS INC., (L.B. #6753)
ZIPROJECTl0463\SURVEy\FORCE MAlN 104 15 05.lwp
REVISED; TITLE 07/12105.EXTEND EASEMENT 12/09/05
PROOFED BY ~
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Collier County, Florida
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board:
Please place the following as a: XX Normal Legal Advertisement
L-I Other:
(Display Adv., location, etc.) % page display ad; map attached, 18 point
****************************************************************************************************************
Originating DePtJD~gineering Services Person: Tonia Leavitt
~y)Q,! ',U~
***********************************************************************************************************
Date 4-10-2006
Petition No. AVESMT -2005-AR-7656, The Meadows at Quail Creek Village
***********************************************************************************************************
Petitioner: (Name & address): Meadows at Quail Creek Village Corp.
Name & Address of any person(s) to be notified by Clerk's Office:
Meadows at Quail Creek Village Corp.
942 North Collier Blvd.
Marco, FL 34145
PMS, Inc.
2335 Tamiami Trail North Suite 408,
Naples, FL 34103
(If more space needed, attach separate sheet)
Hearing before: I XX I BCC L-I BZA LI Other
****************************************************************************************************************
Requested hearing date: Mav 9. 2006 Based on advertisement appearing
hearing.
days before
Newspaper(s) to be used: (Complete only if important LI, IXXXXl Naples Daily News
or legally required I_I) I_I Other
****************************************************************************************************************
Proposed Text: (Include legal description & common location & size): See Attachment
Companion petition(s), if any, & proposed hearing date:
****************************************************************************************************************
Does Petition Fee Include Advertising Cost? Yes XXX
should be charged
for advertising costs:
No I_I If yes, what account
"'-'-.-..""'."-C"".-"'_",.___-.....""'__"'~1_"..'_,.,____._...,;,.."""."..,..,"....-_*
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Reviewed by: ~
Department Head ~~
Date
AP~oved by:
Date4//D CX; County Manager
.
List Attachments:(1 )Executive Summary -COpy
(2)Resolution No. 2006- with exhibits
****************************************************************************************************************
DISTRIBUTION INSTRUCTIONS
A. For hearinas before BCC or BZA: Initiating person to complete one copy and obtain
Division Head approval before submitting to County Manager. NOTE: If leaal
document is involved. be sure that any necessary leaal review. or reauest for same. is
submitted to County Attornev before submittina to County Manaaer. The Manager's
Office will distribute copies:
'_' County Manager agenda file;
to Clerk's Office
'_' Requesting Division;
'_' Original
B. Other hearinas: 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
4/\\ fOb
Date Advertised
Date of P.H.
~/q/Ob
--~--".1
17A
RESOLUTION NO. 2006- 115
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FOR PETITION A VESMT 2005-AR
7656, TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF A 10-FOOT WIDE
UTILITY E~SEMENT CONVEYED TO COLLIER COUNTY BY
SEPARATE /INSTRUMENT RECORDED IN OFFICIAL RECORDS
BOOK 1457, PAGES 1492, ET SEQ., OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10-FOOT WIDE
RELOCA TION UTILITY EASEMENT ALONG THE NORTHERLY
BOUNDARY OF THE MEADOWS AT QUAIL CREEK VILLAGE
LOCA TED IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST.
WHEREAS, pursuant to Section 125.01(t), Florida Statutes, P.M.S., Inc., of Naples, as
agent for petitioner, Meadows at Quail Creek Village Corp., does hereby request the vacation of a
portion of a Utility Easement conveyed to Collier County by separate instrument recorded in
Official Records Book 1457, Pages 1492, et seq., of the Public Records of Collier County Florida,
and more particularly described in Exhibit "A", and acceptance of a 1 a-foot wide relocation
easement, more particularly described in Exhibit "B", located along the northerly boundary of The
Meadows at Quail Creek Village; and
WHEREAS, the Board of Collier County Commissioners has this day held a public hearing
to consider vacating the portion of the Utility Easement conveyed to Collier County by separate
instrument recorded in Official Records Book 1457, Pages 1492, et seq., of the Public Records of
Collier County Florida, and more particularly described in Exhibit "A", and accepting the 1 O-foot
wide Relocation Utility Easement, more particularly described in Exhibit "B", and notice of said
public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right of
convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. The County's easement interests over and across the Utility Easement, more particularly
described in Exhibit "A" attached hereto and incorporated herein, are hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit.
2. The 10-foot wide Utility Easement, more particularly described in Exhibit "B" attached
hereto and incorporated herein, is hereby accepted as a Relocation Utility Easement to the
Utility Easement vacated herein.
3. The Clerk to the Board is hereby directed to record a certified copy of this Resolution in the
Official Records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same, this _ 1
day of --41a. II. ,2006.
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DWIGIi~/E. BROtk\ CLERK
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^~ ,.";,., "'"".t~p~ty Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~......
FRANK HALAS, Chairman
3837138 OR: 4035 PG: 1297
RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/11/2006 at 11:04AH DWIGHT E. BROCK, CLERK
REC FBE 52.50
COPIBS 6.00
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
BIT 7240
BBLS
SURVEYORS & MAPPERS INC.
I502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: 239-597-1315
FAX: (239) 597-5207
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LEGAL DESCRIPTION
A PORTION OF A 10' UTILITY
EASEMENT FOR FORCE MAIN PURPOSE,
RECORDED IN O.R. 1457, PG. 1493
(TO BE VACATED)
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A PORTION OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID
SECTION 20, N,89009'18"E., A DISTANCE OF 1 ,000.0 1 FEET; LEAVING SAID SOUTH SECTION
LINE, THENCE ALONG THE EAST LINE OF THE WEST 1000.00 FEET OF SAID SECTION 20,
N.01008'47"W., A DISTANCE OF 100.00 FEET TO THE NORTH LINE OF THE COLLIER COUNTY
CANAL DRAINAGE RIGHT-OF-WAY AS RECORDED IN DEED BOOK 43, PAGE 267, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID NORTH LINE,
CONTINUE N.01008'47"W. ALONG THE EAST LINE OF THE WEST 1,000.00 FEET OF SAID
SECTION 20, A DISTANCE OF 175.00 FEET; THENCE N.89009'18"E., A DISTANCE OF 94.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE N.01008'47"W., A DISTANCE OF 649.95 FEET; THENCE S.70000'00''E., A DISTANCE OF
10.72 FEET; THENCE S.Olo08'47"E., A DISTANCE OF 690.58 FEET; THENCE S.88051'13"W., A
DISTANCE OF 10.00 FEET; THENCE N.01008'47"W., A DISTANCE OF 44.51 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED.
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BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE OF
VALEWOOD DRIVE AS BEING SOoo50'42"E..
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF
RECORD.
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BRETTA. BISHOP, s-rATE OF FLORIDA, (L.S. #4760)
BBLS SlJRVEYORS & MAPPERS INC., (L.B. #6753)
Z\PROJECl'0463\51JRVEY\FORCE MAIN V ACA nON 05 26 05.1wp
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17 A
This instrument prepared by:
Tamela Eady Wiseman, Esquire
Tamela Wiseman, P.A.
300 Fifth Avenue South, Suite 221
Naples, Florida 34102
DEED OF REPLACEMENT UTILITY EASEMENT
FOR FORCE MAIN PURPOSES
j THE UTILITY EASEMENT(S) (CUES), are granted and conveyed this ~:, 'jfJ day of
, fUlUOr7t ' 200~ BY QUAIL CREEK VILLAGE FOUNDATION, INe., a Florida
corporation ot for profit as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY,
AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT, its successors and assigns, GRANTEE,
WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and
other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by
Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a
perpetual, non-exclusive easement, license, right and privilege to enter upon and to install,
relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portiones)
thereof, in, on, over and under the following described lands located in Collier County, Florida,
to wit:
See attached Exhibit "A," which is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together
with the right and privilege to enter upon said land to excavate, relocate and/or take and/or
introduce materials for the purposes of constructing, operating, relocating, repairing and/or
otherwise maintaining the subject utility facilities and/or system(s) or portiones) thereof, in, on,
over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the
context allo,vs.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first written.
QUAIL CREEK VILLAGE
FOUNDATION, INe., a Florida corporation
not-for-profit
e ofW~tI],ess
Clne I( Aller
Printed name of Witness
I ~
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, '7 its Pres( nt
~~~
JfntU1:e of Witness /'
V\lf'; Sui IVqr\
Printed name of Witness
(Seal- Florida Corporation
Not-For-Profit)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
JriVnAA.y
of said corporation.
t .,~ Jay uf
on behalf
instrument \V::lS
, 2004? by
J.clmowledgeJ b.::.f0i'C me
~'7 hlYMs
this
Sign
Print
Personally Known ~; or Produced
Identification Type of Identification
Produced:
Affix Seal Below:
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BBLS
SURVEYORS & MAPPERS INC.
I502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: 239-597-1315
FAX: (239) 597-5207
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LEGAL DESCRIPTION
REPLACEMENT 10' UTILITY EASEMENT,
FOR FORCE MAIN PURPOSES,
(OFFSITE)
THE MEADOWS AT QUAIL CREEK
VILLAGE
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE
SOUTH LINE OF SAID SECTION N.89009'18"E., A DISTANCE OF 1,000.01 FEET;
THENCE ALONG THE EAST LINE OF THE WEST 1000.00 FEET OF SAID SECTION 20,
N.OI o08'47"W., A DISTANCE OF 960.81 FEET TO THE NORTHERLY LINE OF THE
MEADOWS AT QUAIL CREEK VILLAGE; THENCE S.70000'00''E., ALONG SAID
NORTHERLY LINE, A DISTANCE OF 108.38 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.57033'24"E., A
DISTANCE OF 12.61 FEET; THENCE S.70000'00''E., A DISTANCE OF 414.02 FEET;
THENCE S.27040'58"E., A DISTANCE OF 14.85 FEET TO SAID NORTHERLY LINE,;
THENCE N.70000'00''W., ALONG SAID NORTHERLY LINE, A DISTANCE OF 432.69
FEET TO THE POINT OF BEGINNING.
BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE
OF V ALEWOOD DRIVE AS BEING SOoo50'42"E,
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
- ~ ~ ~ 12109/05
STEPHEN E. BERRY, STATE 0 ORillA, (L.S. #5296)
BBLS SURVEYORS & MAPPERS INC., (L.B. #6753)
ZIPROJECT\0463\SURVEY\FORCE MAlN I04 15 05.lwp
REVISED; TITLE 07/12/05,EXTEND EASEMENT 12/09/05
PROOFED BY Gt:.L..
(SEE ATTACHED SKETCH-
SHEET 2 OF 2)
SHEET 1 OF 2
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17
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT 2005-AR 7656 to disclaim, renounce and
vacate the County's and the Public's interest in a 10 foot wide utility easement located in
Section 20, Township 48 South, Range 26 East and recorded in O.R. Book 1457 Page 1492,
Public Records of Collier County, Florida and accept a 10 foot wide utility easement over
the existing force main.
OBJECTIVE: To adopt a Resolution to vacate a portion of a 10 foot wide utility easement
recorded in O.R. Book 1457 Page 1492 and accept a 10 foot wide replacement utility easement
over the existing force main.
CONSIDERA TIONS: Petition A VESMT 2005-7656 has been received by the Engineering
Services Department from PMS, Inc. of Naples as agent for the petitioner, Meadows at Quail
Creek Village, Corp. Joseph D. Beck, President, the current owners to dedicate a 10'
replacement utility easement over the existing force main.
Letters of no objection have been received from:
Collier County Engineering Services
Collier County Public Utilities
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIROMENT AL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAELOGICAL IMPACT:
There are no historical impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated legal
documents.
RECOMMENDATION:
1. Adopt the Resolution for Petition A VESMT 2005-AR 7656 for the vacation of a portion
ofa 10 foot wide utility easement recorded in O.R. Book 1457 Page 1492 and acceptance
of a replacement 10 foot wide utility easement.
1 -,11 !.~
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2. Authorize the Chairman to execute the Resolution and direct the Cerk of the Board to
record a certified copy of the Resolution in the Public Records.
Prepared by: Russ Muller, Engineer
Engineering Service Department
"7 If<
L ' l.~
" , i/ ~
April 12, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT 2005-AR-7656, The Meadows at Quail Creek Village
Dear Legals:
Please advertise the above referenced notice on Sunday, April 23,2006 and
again on Sunday, April 30, 2006 and kindly send the Affidavit of Publication,
in duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Account No. 912501
~l.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 9, 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 A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR PETITION AVESMT
2005-AR-7656, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF A 10-FOOT WIDE UTILITY
EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT
RECORDED IN OFFICIAL RECORDS BOOK 1457, PAGES 1492, ET SEQ., OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10-
FOOT WIDE RELOCATION UTILITY EASEMENT ALONG THE NORTHERLY BOUNDARY
OF THE MEADOWS AT QUAIL CREEK VILLAGE LOCATED IN SECTIONS 20,
TOWNSHIP 48 SOUTH, RANGE 26 EAST.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa L. Dillard, Deputy Clerk
(SEAL)
17"
April 12, 2006
Meadows at Quail Creek Village Corp.
942 North Collier Blvd.
Marco Island, FL 34145
Re: Petition A VESMT-2005-AR-7656
The Meadows at Quail Creek Village
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 9, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 23, 2006 and
again on Sunday, April 30, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa L. Dillard, Deputy Clerk
Enclosure
./...:" ,.; ~
April 12, 2006
PMS, Inc.
2335 Tamiami Trail North
Suite 408
Naples, FL 34103
Re: Petition A VESMT -2005-AR-7656
The Meadows at Quail Creek Village
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 9, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 23, 2006 and
again on Sunday, April 30, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa L. Dillard, Deputy Clerk
Enclosure
.. '.~ f-J;tt"'J;1
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
AVESMT 2005-AR-7656
Attachments:
AVESMT 2005-AR-7656.doc; AVESMT 2005-AR-7656.doc
Please advertise the attached on Sunday April 23, 2006 and Sunday April 30, 2006.
Thanks,
1WI"",~
U
[!!I~~
: ._w,,~,,_~
, ~^~
A VESMT A VESMT
)-AR-7656.doc (28 I )-AR-7656.doc (26 I
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
(phone)239-732-2646 ext. 7240
(fax)239-774-8408
(Teresa.Dillard@Clerk.collier.fl.us)
1
....... 7'
~
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Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 12, 2006 2:24 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT989724.txt; AVESMT 2005-AR-7656
[8-
-"-
-'
B
ATT989724. txt
(231 B)
A VESMT
2005-AR-7656
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
f;;~f.
},
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, April 12, 20062:24 PM
Teresa L. Dillard
Delivered: AVESMT 2005-AR-7656
Attachments:
AVESMT 2005-AR-7656
1"./1
AVESMT
2005-AR-7656
<<AVESMT 2005-AR-7656>> Your message
To: legals@naplesnews.com
Subject: AVESMT 2005-AR-7656
Sent: Wed, 12 Apr 2006 14:23:30 -0400
was delivered to the following recipient(s):
legals on Wed, 12 Apr 2006 14:23:35 -0400
1
A VESMT 2005-AR-7656
Page 1 of 1
Teresa L. Dillard
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Wednesday, April 12, 2006 2:46 PM
To: Teresa L. Dillard
Subject: RE: AVESMT 2005-AR-7656
OK
-----Original Message-----
From: Teresa L. Dillard [mailto:Teresa,Dillard@c1erk.collier.fl.us]
Sent: Wednesday, April 12, 2006 2:24 PM
To: legals@naplesnews.com
Subject: AVESMT 200S-AR-76S6
Please advertise the attached on Sunday April 23, 2006 and Sunday April 30, 2006.
Thanks,
<<AVESMT 2005-AR-7656.doc>> <<AVESMT 2005-AR-7656.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
(phone)239-732-2646 ext. 7240
(fax)239-774-8408
(Teresa.Dillard@clerk.collier.fI.us)
4/12/2006
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
-AVESMT -2005-AR- 7656
NOTICE Of
PUBLIC KWING
Notice Is' hereby given
that the Board of County
commissioners of Col-
lier County wilt hold a
public hearing on ,Tueths-
day, May 9.'2006 n e
Boardroom. 3rd floor. I
Administration Building,'
Collier COllnty Govern-t
ment Center. 3301 EU
Tamlaml Trail, Naples,
florlda. Tilt! meeting
will begin at 9:00 A.M.,
THE BOARD WILL COoNf'
SIDER A RESOLUTION
TKE BOARD Of ECROSUNoTYf
COMMISSION
COLL I ERCO,UNTY,
FLORIDA, fi)R PlTITION
AVESMT 2005-AIH656.
~8u~dl ~~~I ~Ac~fE'
TKE COUNTY' THE
PUBLIC'S I ' IN A
PORTION Of -fOOT
WIDE UTILITY EASEMENT
CONVEYED TO COLLIER
COUNTY BYt'lEPARATE
INSTRUMENT RECORDED
IN OffiCIAL RECORDS
BOOK 1457, PAGe$ 1492,
ET SEQ., , OF THE 'PUBLIC
RECORDS O~R
, f8UrJ~~~f A '10:FOO~
WIDE RELOCATION
UTILITY EASEMENT
ALONG THE HORTHERLY
BOUNDARY OF, THE
MEADOWS AT QUAIL
I CREEK VILLAGE LOCAT.
ED IN SECTIONS 20,
TOWNSHIP 48 SOUTH.
RANGE 26 EAST.
NOTE: All Persons' wish-
Ing to speak on any
agenda Item must regis-
ter with the County Ad.
minlstrator frlor. to pre-
sentation 0 the agenda
Item to be addressed.
Individual speakers ,will
be 'limited to 5 minutes
on any Item.T'he, selec-
tion of an InQl\I~Ho
speak on betMlfqf an
organization or group Is
encouraged, I~recog'
nlzed by the Chair, a
spokesperson for a
group or organization
may be allotted 10 min-
utes to speak on an
item.
Persons wishing to
have written or graphIc
materials Included In
the Board llQenda PlICk-
ets must submit said
material a minimum df 3
weeks prior to the reo
spectlve public hearing.
In any case, written ma-
terialS Intend. tIS /)e
considered by the Board
shall be SUbmitted to
the appropriate County
staff a minimum of sev'I'
en days prior to the
public hearl!l9. All ma-'
terlal used tri presenta-
tions before the Board
will become a perma-
nent part of the record.
Any person who decld-'
es to appeal Ii decision I
of the Board will need a
record of the proceed-
ings pertaining thereto ~
and therefore, may
need to ensu re that a
verbatim record of the
proceedings is made,
which record Includes
the testimony' lInd evl.
dence upon which the I
appeal Is based.
BOARD OF COUNTY
COMMISISONERS '
~L~16!ER COUNTY,
FRANk HALAS, CHAIR-
MAN
gL":J~HT E. BROCK,
By: Teresa L. Dillard,
Deputy Clerk
(SEAL)
Apr. 23, 30 No. 1365301
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that they
serve as the Editor ofthe Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOnCE
was published in said newspaper 2 times in the issue
on April 23rd and 30th, 2006
Affiant further says that the said :o.;aples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
pu 'on in the sai newspaper.
I
( Signature of affiant)
Sworn to and subscribed before me
...._._.:is 1st day of May, 2006 d~~
'.~-' ..~,.;. ..~.~" "t,",... '-"," .'_"'_"'""~.'"
""",:~.:..-.,... -.-, ....., M.....~.,~ ..,... ._,,~.. .
178
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 Deptl Div: Comm.Dev.Serv./ Planning
Person: Melissa Zone
......:~~.~.f~
Petition No. (If none, give brief description): PUDA-2005-AR-8745, Carlisle Reg~ /UD
Petitioner: (Name & Address): IL Regalo Dev., 809 Walkerbilt Rd., #6, Naples, (('34110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
Mav 9.2006
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: PUDA-2005-AR-8745, II Regalo,
LLC, requesting a PUD Amendment for Carlisle Regency PUD. The PUD Amendment proposes to allow for a
two-story single-family or two-family home as a replacement for the current one-story single-family or two-family home.
The amendment is also requesting to revise the ownership of the PUD. The subject property consists of 11.7 acres and
is located on the south side of Orange Blossom Drive, immediately east of Yarberry Lane, in Section 2, Township
49 South, Range 25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~~~
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*******************************************************************************************
FOR CLERK'mF!JHE bE ONLY: .c:::./i'2 I", ( t
Date Received: 4' 0 Date of Public hearing: ~ Date Advertised: If J..3 \,~\p
178
ORDINANCE NO. 06-
AN ORDINANCE 'OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PUD TO
RPUD TO BE KNOWN AS THE CARLISLE REGENCY RPUD
FOR THE LIMITED PURPOSE OF AMENDING TABLE 1,
RESIDENTAL DEVELOPMENT STANDARDS TO CHANGE
THE MAXIMUM HEIGHT FROM ONE STORY TO TWO
STORIES NOT TO EXCEED THIRTY-FIVE FEET, AND TO
MAKE MINOR CHANGES TO THE ORDINANCE FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF ORANGE
BLOSSOM DRIVE, IMMEDIATELY EAST OF YARBERRY
LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.7
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 03-66; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Curtis Gunther of II Regalo Development, LLC, petitioned the Board of
County Commissioners, in Petition Number PUDA- 2005-AR-8745, to change the development
standards and to revise the ownership ofthe herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 2,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "RPUD"
Residential Planned Unit Development in accordance with the additions and deletions to the
Carlisle Regency PUD as reflected in RPUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 03-66, known as the Carlisle Regency PUD, adopted on December
16, 2003, by the Board of County Commissioners of Collier County Florida, together with any
amendments thereto, is hereby repealed only to the extent that the Ordinance is inconsistent with
the additions and deletions set forth in the Carlisle Regency RPUD Document attached hereto, as
Words struck through are deleted; words underlined are added.
Page I of2
"'7', 9,
-1
''I' F.<._"
.. l
Exhibit "A". All other provisions of Ordinance Number 03-66 shall remain in full force and
effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this
day of
, 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Deputy Clerk
Approved as to form and
legal sufficiency
PUDA-2005-AR-8745/MVsp
Words struek through are deleted; words underlined are added.
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17B
CARLISLE REGENCY
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
Prepared for:
II Regalo Development, LLC
809 Walkerbilt Road Suite No.6
Naples, Florida 34110
Prepared by:
Kepple Engineering, rnc
3806 Exchange Avenue
Naples, FL 34104
Date Filed
Date Revised
Date Reviewed by CCPC
Date Approved by BeC 12-16-03
Ordinance Number 2003-66
EXHIBIT "A"
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Table of Contents
Page
Table of Contents
I
List of Exhibits
II
Statement of Compliance
1
Section I Property Ownership and Description
2
Section II Project Development Requirements
4
Section III Residential Areas Plan
6
Section IV Development Commitments
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List of Exhibits
PUD Master Plan
PUD Water Management Plan
Exhibit "A"
Exhibit "B"
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STATEMENT OF COMPLIANCE
The development of approximately l1.7+/-acres of property in Collier County, as a Residential
Planned Unit Development to be known as the Carlisle Regency RPUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County Growth
Management Plan (GMP). The residential facilities of the Carlisle Regency RPUD will be
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives for the following reasons.
1. The location of the subject property in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element (FLUE).
2. The project development is compatible and complimentary to surrounding land uses as
required in Policy 5.4 ofthe FLUE.
3. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code (LDC) as set forth in Objective 3 of the FLUE.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1 G of the FLUE.
5. The project development is planned to protect the functioning of natural drainage features
and natural ground water aquifer recharge areas as described in Objective
1.5 ofthe Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict.
The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the
FLUE of the GMP based on the following relationships to required criteria:
Base Density
Traffic Congestion Area
Maximum Permitted Density
4 dwelling units/acre
-1 dwelling unit/acre
3 dwelling units/acre
7. All final local development orders for this project are subject to the Adequate Public
Facilities requirements of the LDC.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Carlisle Regency RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 11.7 +/- acres, is located in Section 2, Township 49
South, Range 25 East, and is fully described as:
SE 1/4 ofNW 1/4 of SE 1/4, Sec 2, Twp 49, Range 25 E
less W 30 feet for RIW
1.3 PROPERTY OWNERSHIP
The subject property is owned by: II Regalo Development, LLC.
809 Walkerbilt Road # 6
Naples, FL 34110
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the South side of Orange Blossom Dr.
immediately east of Yarberry Lane.
B. The project site is currently zoned RSF-1 and is proposed to be rezoned to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Airport Rd. Drainage Basin according to the Collier
County Drainage Atlas. The proposed outfall for the project is the Airport Road canal via
the Yarberry Lane swale. The peak discharge rate from the design storm will be limited to
0.06 cubic feet per second/acre per applicable County ordinances.
Natural ground elevation is approximately 10.0 feet NGVD'. The entire site is located
within FEMA Flood Zone "X" with no base flood elevation specified.
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The water management system for the project proposed the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak. flood stage. Water quality
pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle
Regency RPUD water management system and Airport Road canal.
The water management system will be permitted by Collier County in accordance with the
South Florida Water Management District (SFWMD) requirements. All rules and
regulations of SFWMD will be imposed upon this project including but not limited to:
storm attenuation with a peak. discharge rate of 0.06 cfs/acre; minimum roadway
centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and
wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1990, the soil type found within the limits
ofthe property is #2 -Holopaw Fine Sand.
The site was used as a farm many years ago and the vegetation consists primarily of exotic
vegetation with some minimal second growth Slash Pine and Cabbage Palm.
1.6 PROJECT DESCRIPTION
The Carlisle Regency RPUD is an age restricted residential project composed of a
maximum of 35 residential units. These residential units are projected to be developed as
detached single-family homes or two-family dwellings. Recreational facilities may be
provided in conjunction with the dwelling units. Residential land uses, recreational uses,
and signage are designed to be harmonious with one another in a natural setting by using
common architecture, quality screeninglbuffering and native vegetation, whenever
feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Carlisle Regency Residential Planned
Unit Development Ordinance".
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SECTION It
PROJECT DEVELOPMENT REQUIREMENTS
2.1_ PURPOSE
The purpose of this Section is to delineate and generally describe the proj ect plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Carlisle Regency RPUD shall be in accordance with
the contents of this document, PUD -Planned Unit Development District and other
applicable sections and parts of the LDC and GMP in effect at the time of issuance of any
development order to which said regulations relate which authorizes the construction of
improvements, such as but not limited to, final subdivision plat, final site development
plan, excavation permit and preliminary work authorization. Where these regulations fail
to provide development standards, then the provisions of the most similar district in the
LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in the LDC in effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Carlisle Regency RPUD shall become part of the regulations which
govern the manner in which the RPUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance or separate
provision provided for in this RPUD Document shall remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Section 3.01.01 Adequate Public Facilities of the Collier
County LDC at the earliest, or next, to occur of either final site development plan approval,
fmal plat approval, or building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of35 dwelling units shall be constructed in the residential areas of the project.
The gross project area is 11.7 +/- acres. The gross density shall be a maximum of 2.99
units per acre.
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2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration ofthe land uses are illustrated graphically on Exhibit "A", the
RPUD Master Plan, which constitutes the required RPUD Development Plan. Any division
of the property and the development of the land shall be in compliance with the RPUD
Master Plan of the LDC, and the platting laws of the State of Florida.
B. The S.ite Development Plans provisions of the LDC, when applicable, shall apply to the
development of all platted tracts, or parcels of land as provided in the LDC prior to the
issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedication to Collier County and the methodology for providing perpetual
maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units may be
designated as models. Such model units shall be governed by the LDC.
B. Temporary sales trailers and construction trailers can be placed on the site after site
development plan approval and prior to the recording of Subdivision Plats, subject to the
other requirements of the LDC.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development excavation"
pursuant to Code of Laws and Ordinances and the LDC, whereby off-site removal shall be
limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards.
B. All other provisions of the Code of Laws and Ordinances and the LDC shall apply.
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SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit" A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 35 units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single family dwellings (includes zero-lot line).
2. Two family dwellings and duplexes.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including swimming pools, walking paths,
picnic areas, recreation buildings, verandas, and shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model units,
(Sec. 2.5, as applicable).
4. Gatehouse.
5. Essential services, including interim and permanent utility and maintenance
facilities.
6. Water management facilities, including those within any natural habitat
areas.
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7. Recreational facilities, such as boardwalks, walking paths and picnic areas
within any natural habitat areas.
8. Supplemental landscape planting within natural habitat areas.
9. Any other accessory use deemed comparable by the Community
Development and Environmental Services Administrator.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Carlisle Regency
RPUD.Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is measured from
the adjacent right-of-way line. A minimum distance of twenty-three feet shall be
maintained between a front-loaded garage and the inner edge of the sidewalk.
2. If the parcel is served by a non platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line. A minimum distance of
twenty-three feet shall be maintained between a front-loaded garage and the inner edge of
the sidewalk.
B._ Off Street Parkin2: and Loading Requirements:
As required by the LDC in effect at the time of building permit application.
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TABLE I
RESIDENTIAL
DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area
(per unit)
Minimum Lot Width
SINGLE FAMILY
6,000 Sq. Ft.
TWO FAMILY
5,000 Sq. Ft.
60' Comer Lots
90' Interior Lot
(1) (45') (2)
110' Comer Lots
(55') (2)
20'
23'
20'
0' & 12' or both 6'
50' Interior Lots (1)
Front Yard Setback
Garage ( front access)
Garage (side access)
Side Yard Setback
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundary Setback
Principal Structure
Accessory Structure
Lake Setback
Distance Between
Principal Structures:
Distance Between
Accessory Structure:
Maximum Height;
Principal Building
story
Accessory Building
Minimum Floor Area
Minimum carport or
garage per unit
(1) Lot width may be calculated per LDC for cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an
individually platted lot.
(3) In no instance shall a building or accessory building encroach into a required landscape buffer.
NOTE: Common area pool, clubhouse or recreational amenities setback (all yards): 20 feet
8
20'
23'
20'
0' & 12' or both 6'
20'
10'
20'
10'
NA
NA
20'
10'
NA
NA
20'
10'
10'
10'
2 story with a maximum of 35' 2 story with a maximum of 35'
20'/Clubhouse 35'
1200 Sq. Ft.
1 car garage
20'/Clubhouse 35'
1100 Sq. Ft.
1 car garage
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c.
Open Space/Natural Habitat Preserve Area Requirements
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1. A minimum of sixty (60) percent open space, as described in the LDC, shall be
provided on-site.
2. A minimum of twenty five (25) percent of the viable naturally functioning native
vegetation on-site (natural habitat preserve area), including both the understory and the
ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as
described in the LDC.
D. Landscaping and Buffering Requirements:
1. Landscape requirements shall be in accordance with the LDC at time of permitting.
2. Preservation of existing vegetation on the perimeter of the project will constitute the
required landscape buffering, if the existing vegetation meets or exceeds the minimum
requirement.
E. Architectural Standards
1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall
be architecturally and aesthetically unified. Said unified architectural theme shall include a
similar architectural design and use of similar materials and colors throughout all of the
buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping
and streets cape materials shall also be -similar in design throughout the subject site. All
buildings shall be primarily finished in light, subdued colors with stucco except for
decorative trim.
2. All pole lighting, internal to the project, shall be architecturally designed, limited to a
height of thirty (30) feet.
F. Signs
Signs shall be permitted as described by the LDC.
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SECTION IV DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this
proj ect.
4._ GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plans and all applicable State and local laws, codes, and regulations
applicable to this RPUD in effect at the time of final plat, final site development plan
approval or building permit application as the case may be. Except where specifically
noted or stated otherwise, the standards and specifications of the official County LDC shall
apply to this project. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this Document.
These developer commitments will be enforced through the provisions agreed to and
included in the declaration of covenants and restrictions or similar recorded instrument.
Such provisions must be enforceable by lot owners against the developer, its successors
and assigns, regardless of turnover or not to any property owners' association.
The developer, its successor or assignee, shall follow the RPUD Master Plan and the
regulations of this RPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in title or assignee is
subject to the commitments within this Document.
4.3 PUD MASTER PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual
in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not
be construed to be final and may be varied at any subsequent approval phase such as final
platting or site development plan approval. Subject to the provisions of the LDC,
amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
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4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT
A. A Site Development Plan shall be submitted per County regulations in effect at time of
site plan submittal. The project is projected to be completed in two (2) or (3) three phases.
B. The landowners shall proceed and be governed according to the time limits set forth in
the LDC.
c. Monitoring Report: An annual RPUD monitoring report shall be submitted pursuant to
the LDC. The monitoring report. shall be accompanied by an affidavit stating that
representations contained therein are true and correct.
4.5 ENGINEERING
A. This project shall be required to meet all applicable County Ordinances in effect at the
time final construction documents are submitted for development approval.
B. Design and construction of all improvements shall be subject to compliance with
appropriate provisions of the LDC.
4.6 WATER MANAGEMENT
A. The water management system shall be permitted by Collier County in accordance with
SFWMD requirements.
B. An Excavation Permit will be required for all lakes in accordance with the LDC and
SFWMD rules.
c. Lake setbacks from tbe perimeter of the RPUD may be reduced to twenty-five
(25) feet where a six (6) foot high fence or suitable subgtantial barrier is erected.
4.7 UTn..ITIES
A. Central water distribution shall be constructed throughout the project development by
the developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within' utility
easements required by the County shall be dedicated to the County for ownership,
operation and maintenance purposes. All water facilities constructed on private property
and not required by the County to be located within County Utility Easements shall be
owned, operated and maintained by the developer. his assigns or successors. Upon
completion of construction of the water facilities within the project the facilities shall be
tested and inspected to insure they meet County, State and Federal. requirements at which
time they shall be conveyed to the Collier County Water/Sewer District. when required by
the Public works Divisions~ Water Department, prior to being put into service.
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B. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water distribution system shall be reviewed and approved by the Engineering
Review Services Department prior to commencement of construction.
c. The tie-in to the County Regional Water system shall be made to the existing water
main on Orange Blossom Drive. Main sizing on the site shall be determined by the LDC.
Potable water for fire-flows shall be of sufficient quantity, as determined by the North
Naples Fire Control District, for the purpose of fire fighting at the furthest point from the
proposed tie-in.
D. Utility-stubs for future system interconnections with adjacent properties shall be
provided as determined by the Public Works Division and the developer during the design
phase of the project.
4.8 SEWER
A. Sewage collection system shall be constructed throughout the project by the developer
pursuant to all current requirements of Collier County and the State of Florida. Sewer
facilities constructed within platted rights-of-way or within utility easements required by
the County shall be conveyed to the County for ownership, operation and maintenance
purposed pursuant to appropriate County Ordinances and regulations in effect at the time
of conveyance. Sewer facilities constructed on private property and not required by the
County to be located within utility easements shall be owned, operated and maintained by
the developer, his assigns or successors. Upon completion of construction of the sewer
facilities within the project, the facilities shall be tested and inspected to insure they meet
Collier Countis utility construction requirements in effect at the time construction plans
are approved. The above tasks must be completed to the satisfaction of the Development
Services, Engineering Review Section, prior to placing any utility facilities, County owned
or privately owned, into service Upon completion of the sewer facilities and prior to
issuance of certificates of occupancy for structures within the project, the utility facilities
shall be conveyed to the County, when required by Public Works, pursuant to County
ordinances and regulations in effect at the time conveyance is requested.
B. All construction and technical specifications and proposed plats, if applicable, for the
proposed sewage collection system shall be reviewed and approved by the Engineering
Review Department prior to commencement of construction.
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4.9 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition,
and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance of the first certificate of occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public priorto the issuance of the first
CO.
D. Road impact fees shall be paid in accordance with the applicable County Impact Fee
Ordinance and the LDC, as amended.
E. All work within Collier County rights-of-way or public easements shall require a right-
of-way permit.
F. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be
amended. Collier County reserves the right to modify or close any median opening existing
at the time of approval of this RPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited to,
safety, operational circulation, and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of ingress, a
point of egress or a median opening, nor the lack thereof, shall be the basis for any future
cause of action for damages against the County by the developer, its successor in title, or
aSSIgnee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any such
facilities.
I. If any required turn lane improvement requires the use of existing County right-of-way
or easement, compensating right-of-way shall be provided without cost to Collier County
as a consequence of such improvement.
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J. If, in the sole opinion of eo mer County, a traffic signal, or other traffic control device,
sign or pavement marking improvement within a public right-of-way or easement is
determined to be necessary, the cost of such improvement shall be' borne by the developer
and shall be paid to Comer County before the issuance of the first CO.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these locations.
The developer, or assigns, shall assure that any such shared access or interconnection is
utilized and shall accommodate the perpetual use of such access by incorporating
appropriate language into the development covenants or plat.
L. Prior to issuance of the first CO, the developer shall improve Yarberry Lane to a width
of 24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle
Regency RPUD. From the entrance of the Carlisle Regency RPUD to the south property
line, the developer shall taper the width. of the paving to align with the existing paved
right-of-way.
4.10 PLANNING
A. Pursuant to the LDC, if during the course of site clearing, excavation or other
construction activity a historic or archaeological artifact is found, aU development within
the minimum area. necessary to protect the discovery shall be immediately stopped and the
Code Enforcement Department shall be contacted.
4.11 ENVIRONMENTAL
A. Environmental pennitting shall be in aci:ordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by the
Environmental Review Department Staff.
B. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty five (25)
feet from the landward edge ofwetiands. Where natural.buffers are not possible, st:roctural
huffers shall be provided in accordance with the State of Florida Environmental Resources.
Permit Rules and be subject to review and approval by the Envir<?mnental Review Staff,
C. An exotic vegetation removal monitoring and maintenance (exotic.free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Review Department Staff for review and approval prior to final site
development plan/construction plan approval.
D. Existing native vegetation shall be preserved in accordance with the LDC requirements.
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pTAT~OF'FLORI:DAl
COUNTY.OFCOLLIElRl
I~ DW'IGHT E. BROCK, Clerk of. Court,s in ,and for the
Twentieth . Ju~~cial Cire:u,it., Collier COunty ,Florida, do hereby
" .
cert,ify tAattheforeg9in.g is', a true copy of:
CRDINANCENO. '. 2003 -66
.Whichwas adopted by theB.oard of Count:yC6mmissioners on
, .
thelSth day of November, 2003 , during Regular session'.
. .. ".
'WITNESS my hand .and the official seal of tJi~Board, of
. , .
.' Co.ulitY;Cc)ttlmissioners.of . Collier COunty 'iFlorida:,thiS:4.6th day
.Of, Dece~er~' ' 2 003~
D"W',r"'G'H ":"T.' "'Eo " "Bb~-~1~":!Ullfl~/j!.II.". .
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17E
CARLISLE REGENCY
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
Prepared for:
n Regalo Development, LLC
809 Walkerbilt Road Suite No.6
Naples, Florida 34110
Prepared by:
Kepple Engineering, Inc
3806 Exchange Avenue
Naples, FL 34104
Date Filed
Date Revised
Date Reviewed by CCPC
Date Approved by BCC 12-16-03
Ordinance Number 2003-66
EXHIBIT "A"
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Table of Contents
Page
Table of Contents
I
List of Exhibits
II
Statement of Compliance
1
Section I Property Ownership and Description
2
Section II Project Development Requirements
4
Section III Residential Areas Plan
6
Section IV Development Commitments
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List of Exhibits
PUD Master Plan
PUD Water Management Plan
Exhibit "A"
Exhibit "B"
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STATEMENT OF COMPLIANCE
The development of approximately 11.7+/-acres of property in Collier County, as a Residential
Planned Unit Development to be known as the Carlisle Regency RPUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County Growth
Management Plan (GMP). The residential facilities of the Carlisle Regency RPUD will be
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives for the following reasons.
1. The location of the subject property in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element (FLUE).
2. The project development is compatible and complimentary to surrounding land uses as
required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code (LDC) as set forth in Objective 3 of the FLUE.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1G of the FLUE.
5. The project development is planned to protect the functioning of natural drainage features
and natural ground water aquifer recharge areas as described in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict.
The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the
FLUE of the GMP based on the following relationships to required criteria:
Base Density
Traffic Congestion Area
Maximum Permitted Density
4 dwelling units/acre
-1 dwelling unit/acre
3 dwelling units/acre
7. All final local development orders for this project are subject to the Adequate Public
Facilities requirements of the LDC.
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III
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Carlisle Regency RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 11.7 +/- acres, is located in Section 2, Township 49
South, Range 25 East, and is fully described as:
SE 1/4 ofNW 1/4 of SE 1/4, Sec 2, Twp 49, Range 25 E
less W 30 feet for RJW
1.3 PROPERTY OWNERSHIP
The subject property is owned by: 11 Regalo Development, LLC.
809 Walkerbilt Road # 6
Naples, FL 34110
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the South side of Orange Blossom Dr.
immediately east of Yarberry Lane.
B. The project site is currently zoned RSF-l and is proposed to be rezoned to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Airport Rd. Drainage Basin according to the Collier
County Drainage Atlas. The proposed outfall for the project is the Airport Road canal via
the Yarberry Lane swale. The peak discharge rate from the design storm will be limited to
0.06 cubic feet per second/acre per applicable County ordinances.
Natural ground elevation is approximately 10.0 feet NGVD'. The entire site is located
within FEMA Flood Zone "X" with no base flood elevation specified.
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The water management system for the project proposed the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality
pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle
Regency RPUD water management system and Airport Road canal.
The water management system will be permitted by Collier County in accordance with the
South Florida Water Management District (SFWMD) requirements. All rules and
regulations of SFWMD will be imposed upon this project including but not limited to:
stonn attenuation with a peak discharge rate of 0.06 cfs/acre; minimum roadway
centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and
wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1990, the soil type found within the limits
ofthe property is #2 -Holopaw Fine Sand.
The site was used as a farm many years ago and the vegetation consists primarily of exotic
vegetation with some minimal second growth Slash Pine and Cabbage Palm.
1.6 PROJECT DESCRIPTION
The Carlisle Regency RPUD is an age restricted residential project composed of a
maximum of 35 residential units. These residential units are projected to be developed as
detached single-family homes or two-family dwellings. Recreational facilities may be
provided in conjunction with the dwelling units. Residential land uses, recreational uses,
and signage are designed to be harmonious with one another in a natural setting by using
common architecture, quality screening/buffering and native vegetation, whenever
feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Carlisle Regency Residential Planned
Unit Development Ordinance".
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SECTION 11
PROJECT DEVELOPMENT REQUIREMENTS
2.1_ PURPOSE
The purpose of this Section is to delineate and generally describe the proj ect plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Carlisle Regency RPUD shall be in accordance with
the contents of this document, PUD -Planned Unit Development District and other
applicable sections and parts of the LDC and GMP in effect at the time of issuance of any
development order to which said regulations relate which authorizes the construction of
improvements, such as but not limited to, final subdivision plat, final site development
plan, excavation permit and preliminary work authorization. Where these regulations fail
to provide development standards, then the provisions of the most similar district in the
LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in the LDC in effect at the time of building permit application.
c. All conditions imposed and graphic material presented depicting restrictions for the
development of the Carlisle Regency RPUD shall become part of the regulations which
govern the manner in which the RPUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance or separate
provision provided for in this RPUD Document shall remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Section 3.01.01 Adequate Public Facilities of the Collier
County LDC at the earliest, or next, to occur of either final site development plan approval,
final plat approval, or building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of35 dwelling units shall be constructed in the residential areas of the project.
The gross project area is 11.7 +/- acres. The gross density shall be a maximum of 2.99
units per acre.
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I.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically on Exhibit "A", the
RPUD Master Plan, which constitutes the required RPUD Development Plan. Any division
of the property and the development of the land shall be in compliance with the RPUD
Master Plan ofthe LDC, and the platting laws of the State of Florida.
B. The Site Development Plans provisions of the LDC, when applicable, shall apply to the
development of all platted tracts, or parcels of land as provided in the LDC prior to the
issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedication to Collier County and the methodology for providing perpetual
maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units may be
designated as models. Such model units shall be governed by the LDC.
B. Temporary sales trailers and construction trailers can be placed on the site after site
development plan approval and prior to the recording of Subdivision Plats, subject to the
other requirements of the LDC.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development excavation"
pursuant to Code of Laws and Ordinances and the LDC, whereby off-site removal shall be
limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards.
B. All other provisions of the Code of Laws and Ordinances and the LDC shall apply.
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SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit" A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 35 units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
. 1. Single family dwellings (includes zero-lot line).
2. Two family dwellings and duplexes.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including swimming pools, walking paths,
picnic areas, recreation buildings, verandas, and shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model units,
(Sec. 2.5, as applicable).
4. Gatehouse.
5. Essential services, including interim and permanent utility and maintenance
facilities.
6. Water management facilities, including those within any natural habitat
areas.
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7. Recreational facilities, such as boardwalks, walking paths and picnic areas
within any natural habitat areas.
8. Supplemental landscape planting within natural habitat areas.
9. Any other accessory use deemed comparable by the Community
Development and Environmental Services Administrator.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Carlisle Regency
RPUD. Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is measured from
the adjacent right-of-way line. A minimum distance of twenty-three feet shall be
maintained between a front-loaded garage and the inner edge of the sidewalk.
2. If the parcel is served by a non platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line. A minimum distance of
twenty-three feet shall be maintained between a front-loaded garage and the inner edge of
the sidewalk.
B._ Off Street Parking and Loading Requirements:
As required by the LDC in effect at the time of building permit application.
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TABLE I
RESIDENTIAL
DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area
(per unit)
Minimum Lot Width
SINGLE FAMILY
6,000 Sq. Ft.
TWO FAMILY
5,000 Sq. Ft.
50' Interior Lots (1)
60' Comer Lots
90' Interior Lot
(1) (45') (2)
11 0' Corner Lots
(55') (2)
20'
23'
20'
0' & 12' or both 6'
Front Yard Setback
Garage (front access)
Garage (side access)
Side Yard Setback
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundary Setback
Principal Structure
Accessory Structure
Lake Setback
Distance Between
Principal Structures:
Distance Between
Accessory Structure:
Maximum Height;
Principal Building
story
Accessory Building
Minimum Floor Area
Minimum carport or
garage per unit
(1) Lot width may be calculated per LDC for cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an
individually platted lot.
(3) In no instance shall a building or accessory building encroach into a required landscape buffer.
NOTE: Common area pool, clubhouse or recreational amenities setback (all yards): 20 feet
8
20'
23'
20'
O' & 12' or both 6'
20'
10'
20'
10'
NA
NA
20'
10'
NA
NA
20'
10'
10'
10'
2 story with a maximum of 35' 2 story with a maximum of 35'
20'/Clubhouse 35'
1200 Sq. Ft.
1 car garage
20'/Clubhouse 35'
1100 Sq. Ft.
1 car garage
C. Open SpacelNatural Habitat Preserve Area Requirements
17B
1. A minimum of sixty (60) percent open space, as described in the LDC, shall be
provided on-site.
2. A minimum of twenty five (25) percent ofthe viable naturally functioning native
vegetation on-site (natural habitat preserve area), including both the understory and the
ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as
described in the LDC.
D. Landscaping and Buffering Requirements:
1. Landscape requirements shall be in accordance with the LDC at time of permitting.
2. Preservation of existing vegetation on the perimeter of the project will constitute the
required landscape buffering, if the existing vegetation meets or exceeds the minimum
requirement.
E. Architectural Standards
1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall
be architecturally and aesthetically unified. Said unified architectural theme shall include a
similar architectural design and use of similar materials and colors throughout all of the
buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping
and streets cape materials shall also be -similar in design throughout the subject site. All
buildings shall be primarily finished in light, subdued colors with stucco except for
decorative trim.
2. All pole lighting, internal to the project, shall be architecturally designed, limited to a
height of thirty (30) feet.
F. Signs
Signs shall be permitted as described by the LDC.
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SECTION IV DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this
project.
4._ GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plans and all applicable State and local laws, codes, and regulations
applicable to this RPUD in effect at the time of final plat, final site development plan
approval or building permit application as the case may be. Except where specifically
noted or stated otherwise, the standards and specifications of the official County LDC shall
apply to this project. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this Document.
These developer commitments will be enforced through the provisions agreed to and
included in the declaration of covenants and restrictions or similar recorded instrument.
Such provisions must be enforceable by lot owners against the developer, its successors
and assigns, regardless of turnover or not to any property owners' association.
The developer, its successor or assignee, shall follow the RPUD Master Plan and the
regulations of this RPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in title or assignee is
subj ect to the commitments within this Document.
4.3 'PUD MASTER PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual
in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not
be construed to be final and may be varied at any subsequent approval phase such as final
platting or site development plan approval. Subject to the provisions of the LDC,
amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
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4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT
A. A Site Development Plan shall be submitted per County regulations in effect at time of
site plan submittal. The project is projected to be completed in two (2) or (3) three phases.
B. The landowners shall proceed and be governed according to the time limits set forth in
the LDC.
c. Monitoring Report: An annual RPUD monitoring report shall be submitted pursuant to
the LDC. The monitoring report shall be accompanied by an affidavit stating that
representations contained therein are true and correct.
4.5 ENGINEERING
A. This project shall be required to meet all applicable County Ordinances in effect at the
time final construction documents are submitted for development approval.
B. Design and construction of aU improvements shall be subject to compliance with
appropriate provisions of the LDC.
4.6 WATER MANAGEMENT
A. The water management system shall be pennitted by Collier County in accordance with
SF\VMD requirements.
B. An Excavation Permit wiu be required for a1llakes in accordance with the LDC and
SFWMD rules.
c. Lake setbacks from the perimeter of the RPUD may be reduced to twenty-five
(25) feet where a six (6) foot high fence or suitable substantial barrier is erected.
4.7 UTILITIES
A Central water distribution shall be constructed throughout the project development by
the developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within' utility
easements required by the County shall be dedicated to the County for ownership,
operation and maintenance purposes. All water facilities constructed on private property
and not required by the County to be located within County Utility Easements shall be
owned, operated and maintained by the developeI', his assigns or successors. Upon
completion of construction of the water facilities within the project the facilities shall be
tested and inspected to insure they meet County, State and Federal requirements at which
time they shall be conveyed to the Collier County Water/Sewer District, when required by
the Public works Divisions, Water Department, prior to being put into service.
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B. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water distribution system shall be reviewed and approved by the Engineering
Review Services Department prior to commencement of construction.
C. The tie-in to the County Regional Water system shall be made to the existing water
main on Orange Blossom Drive. Main sizing on the site shall be determined by the LDC.
Potable water for fire-flows shall be of sufficient quantity, as determined by the North
Naples Fire Control District, for the purpose of fire fighting at the furthest point from the
proposed tie-in.
D. Utility-stubs for future system interconnections with adjacent properties shall be
provided as determined by the Public Works Division and the developer during the design
phase ofthe project.
4.8 SEWER
A. Sewage collection system shall be constructed throughout the project by the developer
pursuant to all current requirements of Collier County and the State of Florida. Sewer
facilities constructed within platted rights-of-way or within utility easements required by
the County shall be conveyed to the County for ownership, operation and maintenance
purposed pursuant to appropriate County Ordinances and regulations in effect at the time
of conveyance. Sewer facilities constructed on private property and not required by the
County to be located within utility easements shall be owned, operated and maintained by
the developer, his assigns or successors. Upon completion of construction of the sewer
facilities within the project, the facilities shall be tested and inspected to insure they meet
Collier County's utility construction requirements in effect at the time construction plans
are approved. The above tasks must be completed to the satisfaction of the Development
Services, Engineering Review Section, prior to placing any utility facilities, County owned
or privately owned, into service Upon completion of the sewer facilities and prior to
issuance of certificates of occupancy for structures within the project, the utility facilities
shall be conveyed to the County, when required by Public Works, pursuant to County
ordinances and regulations in effect at the time conveyance is requested.
B. All construction and technical specifications and proposed plats, if applicable, for the
proposed sewage collection system shall be reviewed and approved by the Engineering
Review Department prior to commencement of construction.
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4.9 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition,
and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance of the first certificate of occupancy (CO).
c. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the first
CO.
D. Road impact fees shall be paid in accordance with the applicable County Impact Fee
Ordinance and the LDC, as amended.
E. All work within Collier County rights-of-way or public easements shall require a right-
of-way permit.
F. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be
amended. Collier County reserves the right to modify or close any median opening existing
at the time of approval of this RPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited to,
safety, operational circulation, and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of ingress, a
point of egress or a median opening, nor the lack thereof, shall be the basis for any future
cause of action for damages against the County by the developer, its successor in title, or
aSSIgnee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any such
facilities.
I. If any required turn lane improvement requires the use of existing County right-of-way
or easement, compensating right-of-way shall be provided without cost to Collier County
as a consequence of such improvement.
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J. If, in the sole opinion ofeollier Countyt a traffic signal, or other traffic control device,
sign or pavement marking improvement within a public right-of-way or easement is
determined to be necessary, the cost of such improvement shall be' borne by the developer
and shall be paid to Collier County before the issuance of the first CO.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these locations.
The developer, or assigns, shall assure that any such shared access or interconnection is
utilized and shall accommodate the perpetual use of such access by incorporating
appropriate language into the development covenants or plat.
L. Prior to issuance of the first COt the developer shall improve Yarberry Lane to a width
of 24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle
Regency RPUD. From the entrance of the Carlisle Regency RPUD to the south property
line, the developer shall taper the width of the paving to align with the existing paved
right-of-way.
4.10 PLANNING
A. Pursuant to the LDCt if during the course of site clearing, excavation or other
construction activity a historic or archaeological artifact is found, all development within
the minimum area. necessary to protect the discovery shall be immediately stopped and the
Code Enforcement Department shall be contacted.
4.11 ENVlRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental. Resource Pennit Rules and be subject to review and approval by the
Environmental Review Department Staff.
B. Buffers shall be provided around any wetlandst extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty five (25)
feet from the landward edge of wetlands. Where natural.buffers are not possiblet structural
huffers shan be provided in accordance with the State of Florida Environmental Resources
Permit Rules and be subject to review and approval by the Envir<?nmental Review Staff,
c. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Review Department Staff for review and approval prior to final site
development plan/construction plan approval.
D. Existing native vegetation shall be preserved in accordance with the LDC requirements.
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13TATE: OF' F.LOR:t~DAr
COtJN'TY OF COLLIER)
I, DW'IGHT' E. BRO~, Clerk of. Courts in .and for the
TWentieth JUc:Iicial circtii~1 Collierco-unty,Florida, do hereby
" ,
certify thattheforegc;dn.g is~a tiuecopy of:
ORDINANCE 'NO. ' 2003 -66
. ,
.Wh~chwasadopted by the Board of County CommissionerE:l on
thelBthclCiyof 'November, 2003, during Regular sessiOn'.
. WIMS'S my handahd the official. seal Of th.~Board, of
CouIibY;Commi~si6Iiers6f'Collier County, Florida, this'~Eith day
,OfDec~~er~' '2003.
,..
DW~(;~E '~"B:~~W~;;~'?j.!!I<, ,"
Clerk'of,. C~~t:':~.~'an~f~eh;k
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peputYCle]!'ikt...". \
178
April 17, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDA-2005-AR-8745, Carlisle Regency PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, April 23, 2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Enclosure
Charge to: 113-138312-649110
I':~ if)
.. 'i l
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 9, 2006, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM PUD TO RPUD TO BE KNOWN AS THE
CARLISLE REGENCY RPUD FOR THE LIMITED PURPOSE OF AMENDING TABLE 1,
RESIDENTIAL DEVELOPMENT STANDARDS TO CHANGE THE MAXIMUM HEIGHT
FROM ONE STORY TO TWO STORIES NOT TO EXCEED THIRTY-FIVE FEET, AND
TO MAKE MINOR CHANGES TO THE ORDINANCE FOR PROPERTY LOCATED ON THE
SOUTH SIDE OF ORANGE BLOSSOM DRIVE, IMMEDIATELY EAST OF YARBERRY
LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 11.7 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 03-66; AND BY PROVIDING AN EFFECTIVE
DATE.
petition PUDA-2005-AR-8745, I1 Regalo, LLC, requesting a PUD Amendment
for Carlisle Regency PUD. The PUD Amendment proposes to allow for a
two-story single-family or two-family home as a replacement for the
current one-story single-family or two-family home. The amendment is
also requesting to revise the ownership of the PUD. The subject
property consists of 11.7 acres and is located on the south side of
Orange Blossom Drive, immediately east of Yarberry Lane, in Section 2,
Township 49 South, Range 25 East, Collier County, Florida.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5 minutes
on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
. :~j -~~
.
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: Teresa Dillard, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
GOlJ.~ty-_~fG()llier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTPf,OUSE
3301 TAMlAMl nUlL EA\ST
P.O. BOX 4i~044 "
NAPLES, FLORIDA~~1l0l-3044
-I
\' l~
17EJ
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 17, 2006
II Regalo Dev.
809 Walkerbilt Road #6
Naples, FL 34110
Re: Notice of Public Hearing to consider Petition
PUDA-2005-AR-8745, Carlisle Regency PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 9, 2006 as indicated
on the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Sunday, April 23, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Enclosure
Phone - (239) 732-2646
Website: www.cIerk.colIier.fl.us
Fax - (239) 775-2755
Email: colIiercIerk@cIerk.colIier.t1.us
Teresa L. Dillard
'<-l ~-
~-~ ,:r.~
,<,~ :f
,. ." -
To:
Subject:
legals@naplesnews.com
PUDA 2005-AR-8745
Attachments:
PUDA-2005-AR-8745.doc; PUDA-2005-AR-8745.dot
Hi,
Please advertise the following on Sunday April 23, 2006
Thank you
~
fWl::1
t:J
PUDA-200S-AR-874 PUDA-200S-AR-874
S.doc (28 KB) S.dot (31 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-732-2646 ext. 7240
(Teresa. Di lIard@clerk.collier.fl.us)
1
178
Teresa L. Dillard
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, April 18, 2006 10:51 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT1751377.txt; PUDA 2005-AR-8745
1"::1.",...,,.'
~
[2],'
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'>>-- .
ATT1751377.txt
(231 B)
PUDA
2005-AR-8745
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
Teresa L. Dillard
, "~.
" ..J
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, April 18, 200610:51 AM
Teresa L. Dillard
Delivered: PUDA 2005-AR-8745
Attachments:
PUDA 2005-AR-8745
f~~--?l
L:::J
PUDA
2005-AR-8745
<<PUDA 2005-AR-8745>> Your message
To: legals@naplesnews.com
Subject: PUDA 2005-AR-8745
Sent: Tue, 18 Apr 2006 10:51:14 -0400
was delivered to the following recipient(s):
legals on Tue, 18 Apr 2006 10:51:11 -0400
1
PUDA 2005-AR-8745
Page 1 of 1
178
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pamela [paperrell@naplesnews.com]
Tuesday, April 18, 2006 11 :07 AM
Teresa L. Dillard
Subject: RE: PUDA 2005-AR-8745
OK
-----Original Message-----
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJI.us]
Sent: Tuesday, April 18, 2006 10:51 AM
To: legals@naplesnews.com
Subject: PUDA 2005-AR-8745
Hi,
Please advertise the following on Sunday April 23, 2006
Thank you
<<PUDA-2005-AR-8745.doc>> <<PUDA-2005-AR-8745.dot>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-732-2646 ext. 7240
(Teresa. Dillard@clerk.collier.fl.us)
4/18/2006
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that they
serve as the Editor ofthe Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I times in the issue
on April 23rd, 2006
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida
each day and has been cntered as second class mail matter at the' post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
pub' . n in th said n paper.
Sworn to and subscribed bcfore mc
This 24th day of April, 2006
.,y
~.2
ic)
A'" Nanty &ans
tf, it :~ MYCOMMISSfONI DD2IlI3It EllAIlIJ
'~"-;;':-;'fj/ ". MIla, 2007
PUDA.2005-AR-a745
NOTICE OF INTENT TO
CONSIDER ORDINANCE
Notice Is hereby given
that on Tuesday. May 9,
2006. In the Boardroom.
3rd Floor, Admlnlstra.
tlon Building. Collier
County Government
Center, 3301 East Tamla.!
ml Trail, Naples, Florida,
the Board of County
commlSSloners will con.
sIder the enactment Of
ill Coun1.y Ordinance.
The meeting will com.
mence at 9:00 A.M. The
title of the proposed Or.
dlnance Is as follows:
! AN ORDINANCE OF THE
BOARD 0'" COUNTY
COMMISSIONERS OF!
COLI-IER COUNTY,
fLORIDA., AMENDING
ORDINANCE NUMBER' 04.
41, AS AMENDED. THE
COLLIER COUNTY LAND
DEVELOPMENT CODE,
WHICH INCI-UDES THE
COMPREHENSIVE ZON.
ING REGULATIONS FOR
THE UNINCORPORATED
AREA OF COLLIER COUN-
TY, nOlIDA. BY AMEND.
ING THE APPROPRIATE
ZONING ATLAS MAP OR
MAPS BY CHANGING
THE ZONING CI-ASSIFI.
CATION OF THE HEREIN I
DESCRIBED REAL PROp.
ERTY FROM PUD TO
RPUD T AS
TH! CA YD
~>>JoF
TABLE ,1, AL
DEVELOPMENT TAN.
DARDS TO CHANGE THE
MAXIMUM HEIGHT
FROM ONE STORY TO
TWO STORIES NOT TO
EXCEED TH,IRTY.FIVE
FEET. AND TO MAKE MI.
NOR CHANGES TO THE
ORDINANCE FOR PROp.
ERTY LOCATED ON THE
SOUTH SI, DE, OF, O"AA, I NGE
BI.05$OI(;'" . \tE,IMME.
eJ.ml;Y, $T..~N
r'fc>'wN1 4' SOUTH,
RANGE 2S COLLIER
COUttn', FI-ORlbA CON.
SISTING OF 11.7 ACRES;
I PROVIDING F,OR, THE RE.
PEAL OF ORDINANCE
NUMBER 03-661 AND BY
I PROVIDING AN EFFEC'
TtVE D4 TE.
petitIon PUDA.ZooS.AR.
8741. tI Re(jt.!o.l. LI-C. reo
questlllG.a PUu Amend.
ment fat cartlsle R~en'
cy PUD.The PUD
Amelldll'le, nt pra;pose$
to allow fM II. two.story
slngle.famlly or two.
family IIome as are.
placement for the cur.
rent,' on...to,r,Y .I~I...
famUy Of two.famllYI
hom", Tile amendment
Is a~,ttquestlnlil to reo
viII tlW ownership' of
the PUI,), The subject
prop!l~ ,consists of 11.7
acres and Is located on
the south side of Orang,e
Blos.om Drive. .lmmedl.
ately east of Yarberry
Lane. In Section 2,
TownShip 49 South,
Range 25 East. Collier
County,Florlda.
178
A COpy of the proposed,
Ordl~ 1$ on, me filth-
the Clerk to the BPllrd
ancl \$ available for In.
spe<;tton. An Int!lreste~
Dartlt5 we I~ tea.-
tend and be t;eard. .
NOTE: All persons
wishing to speak on any
agenda Item mustregls.
ter with the County
Manager prior to. ,rde.
Slfutatlon Of the agen :
Item to be, ~"es.', .se, 11'1,\
Indlvldualsp~",S w
be limited to t. i'R\nutl~
on any Item. me Ie.....
tlon of en Inolvldual, to ,
speak' onbe,llalf of atn
org~lon or group s
encouraged. If recog.
nlzed' by the Chairman,
a spOkesperson for a
grouP or organization
may be allotted 10 min-
utes to speak on an
Item-
Persons wlshlnghtlo
have written orlll'ap , c
materials Inclu.ded In
the BOard a~a pack.
ets must submIt said
material a minimum of 3
weekS prior to the reo
sp!lctlve publiC hearing.
In any case. written ma.
terlals intended to be
. consklered by the Board
shall be submitted to
the appropriate county
staff a minImum 01 sev.
en days prior to the
publiC hearing. All ma.
terlal used In presenta.
tlol1S bet, ore the, Board
will becomE! a perma-
nentpart 01 the record.
Any person who decid-
es to II.ppell,l II. dec1,slon
of the BoarCl wUl need a
record 'of the proceed,
Ings pertaining thereto
ariQ theretore, may need
to ensure ,that It verba-
tlm'reco.rit elf the pro.
ceedll'llls Is. made which
recordlncludes the, tes.
tlmony and evidence
upon whIch the appeal
Is baSed.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY
FLORIDA
FRANK HALAS, OW,IR.
MAN
\ OWI<iHT E_ BROCK,
, ;~LfR~eresa Dlllwd, Dep-
u Cieri<
(S L)
\ ~R_ ..' . .No. 1368339
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLf?
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8
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 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 routinl! order)
1. Connie Johnson CDES Administration
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 otlice only after the BCC has acted to approve the
item.)
Name of Primary Staff Melissa Zone Phone Number 213-2958
Contact
Agenda Date Item was 5/9/2006 Agenda Item Number Item 17 B
Approved by the BCC
Type of Document Ordinance Number of Original t I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip, ,,/
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. .
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware. of our deadlines!
The document was approved by the BCC on ') ,:.; (enter date) and all changes
made during the meeting have been incorpora e in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licable)
Yes
(Initial)
2.
.
'"
3.
4.
11/
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
178
.'~
A
ORDINANCE NO. 06- 20
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PUD TO
RPUD TO BE KNOWN AS THE CARLISLE REGENCY RPUD
FOR THE LIMITED PURPOSE OF AMENDING THE
PERMITTED PRINCIP AL USES AND STRUCTURES
PROVISIONS TO ALLOW SINGLE-FAMILY DWELLINGS
TO ACHIEVE A HEIGHT OF TWO STORIES NOT TO
EXCEED THIRTY-FIVE FEET, ELIMINATE TWO FAMILY
DWELLINGS AND DUPLEXES AND TO MAKE MINOR
CHANGES TO THE ORDINANCE FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF ORANGE BLOSSOM
DRIVE, IMMEDIATELY EAST OF YARBERRY LANE, IN
SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 11.7
ACRES; PROVIDING FOR THE PARTIAL REPEAL OF
ORDINANCE NUMBER 03-66; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Curtis Gunther of 11 Regalo Development, LLC, petitioned the Board of
County Commissioners, in Petition Number PUDA- 2005-AR-8745, to change the development
standards and to revise the ownership of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 2,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "RPUD"
Residential Planned Unit Development in accordance with the additions and deletions to the
Carlisle Regency PUD as reflected in RPUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 03-66, known as the Carlisle Regency PUD, adopted on December
16, 2003, by the Board of County Commissioners of Collier County Florida, together with any
amendments thereto, is hereby repealed only to the extent that the Ordinance is inconsistent with
Words stnlek throagh are deleted; words underlined are added.
Page I of2
178 -
-
the additions and deletions set forth in the Carlisle Regency RPUD Document attached hereto, as
Exhibit "A". All other provisions of Ordinance Number 03-66 shall remain in full force and
effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
Commissioners of Collier County, Florida, this
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
q'th M
day of o...y
,2006.
ATTEST:,.:, . ;
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.>~/
BY:
FRANK HALAS, CHAIRMAN
Attest It to,)
11qnlt'tirt:'onll1
Approved as to form and
legal sufficiency
11"(1 df: ~-on ' ~tL-d - (J;tvJ_A-Y-.f{,
Marj e M. Student-StIrlIng . 6
Assistant County Attorney
PUDA-2005-AR-8745/MZ/sp
Words struck through are deleted; words underlined are added.
Page 2 of2
178
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 2006-20
Which was adopted by the Board of County Commissioners
on the 9th day of May, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
lluu tll4j~-OL.
By: Ann Jennejohn,
Deputy Clerk
178
CARLISLE REGENCY
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
Prepared for:
Stewart Marel:ls 11 Regalo Development. LLC
3225 Aviation Avenue, Suite 700 809 Walkerbilt Road Suite No.6
Miami, Florida 3313 3 Naples, Florida 34110
Prepared by:
Kepple Engineering, Inc
3806 Exchange Avenue
Naples, FL 34104
Date Filed
Date Revised
Date Reviewed by CCPC
Date Approved by BCC 12-16-03
Ordinance Number 2003-66
EXHIBIT "A"
l?B
Table of Contents
Page
Table of Contents
List of Exhibits
Statement of Compliance
Section I Property Ownership and Description
Section II Proiect Development Requirements
Section III Residential Areas Plan
Section IV Development Commitments
I
II
I
2
4
6
10
!
178
List of Exhibits
PUD Master Plan
PUD Water Management Plan
Exhibit "A"
Exhibit "B"
II
STATEMENT OF COMPLIANCE
178
The development of approximately 11.7+/-acres of property in Collier County, as a Residential
Planned Unit Development to be known as the Carlisle Regency RPUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County Growth
Management Plan (GMP). The residential facilities of the Carlisle Regency RPUD will be
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives for the following reasons.
I. The location of the subject property in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element (FLUE).
2. The project development is compatible and complimentary to surrounding land uses as
required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code (LDC) as set forth in Objective 3 of the FLUE.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1 G of the FLUE.
5. The project development is planned to protect the functioning of natural drainage features
and natural ground water aquifer recharge areas as described in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict.
The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the
FLUE of the GMP based on the following relationships to required criteria:
Base Density
Traffic Congestion Area
Maximum Permitted Density
4 dwelling units/acre
-1 dwelling unit/acre
3 dwelling units/acre
7. All final local development orders for this project are subject to Division the Adequate
Public Facilities, requirements of the Collier County LDC.
1
SECTION I
178
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Carlisle Regency RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 11.7 +/- acres, is located in Section 2, Township 49
South, Range 25 East, and is fully described as:
SE 1/4 ofNW 1/4 ofSE 1/4, Sec 2, Twp 49, Range 25 E
less W 30 feet for R/W
1.3 PROPERTY OWNERSHIP
The subject property is owned by: Stevla-rt Mai'cus, Tmstee II Regalo. LLC.
3225 "^~yiation ..^..ve. Ste 700 809 Walkerbilt Road # 6
Miami, FL 33133 Naples. FL 34110
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the South side of Orange Blossom Dr.
immediately east of Yarberry Lane.
B. The project site is currently zoned RSF-l and is proposed to be rezoned to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Airport Rd. Drainage Basin according to the Collier
County Drainage Atlas. The proposed.;. outfall for the project is the Airport Road canal, via
the Cadisle Regency PUD detention system Yarberry Lane swale. The peak discharge rate
from the design storm will be limited to 0.06 cubic feet per second/acre per Collier
applicable County GQrdinance~ No. 90 10.
Natural ground elevation is approximately 10.0 feet NGVD!. The entire site is located
within FEMA Flood Zone "X" with no base flood elevation specified.
2
178
The water management system for the project proposed the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality
pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle
Regency RPUD water management system and Airport Road canal.
The water management system will be permitted by Collier County in accordance with the
South Florida Water Management District (SFWMD) requirements. All rules and
regulations of SFWMD will be imposed upon this project including but not limited to:
storm attenuation with a peak discharge rate of 0.06 cfs/acre; minimum roadway
centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and
wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1990, the soil type found within the limits
ofthe property is #2 -Holopaw Fine Sand.
The site was used as a farm many years ago and the vegetation consists primarily of exotic
vegetation with some minimal second growth Slash Pine and Cabbage Palm.
1.6 PROJECT DESCRIPTION
The Carlisle Regency RPUD is an age-restricted residential project composed of a
maximum of 35 residential units. These residential units are projected to be developed as.,.
detached single-family homes or two-family dwellings. Recreational facilities may be
provided in conjunction with the dwelling units. Residential land uses, recreational uses,
and signage are designed to be harmonious with one another in a natural setting by using
common architecture, quality screening/buffering and native vegetation, whenever
feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Carlisle Regency Residential Planned
Unit Development Ordinance".
3
178
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Carlisle Regency RPUD shall be in accordance with
the contents of this document, PUD -Planned Unit Development District and other
applicable sections and parts of the Collier County LDC and GMP in effect at the time of
issuance of any development order to which said regulations relate which authorizes the
construction of improvements, such as but not limited to. final subdivision plat, final site
development plan, excavation permit and preliminary work authorization. Where these
regulations fail to provide development standards, then the provisions of the most similar
district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in the Collier County LDC in effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Carlisle Regency RPUD shall become part of the regulations which
govern the manner in which the RPUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance or separate
provision provided for in this RPUD Document, shall remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15 Adequate Public Facilities of the Collier
County LDC at the earliest, or next, to occur of either final site development plan approval,
final plat approval, or building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of35 dwelling units shall be constructed in the residential areas of the project.
The gross project area is 11.7 +/- acres. The gross density shall be a maximum of 2.99
units per acre.
4
178
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically- on Exhibit "A",
the RPUD Master Plan, which constitutes the required RPUD Development Plan. Any
division of the property and the development of the land shall be in compliance with the
RPUD Master Plan, Di','ision 3.2 Subdi'.'isions of the LDC, and the platting laws of the
State of Florida.
B. The provisions of Di'/ision 3.3 Site Development Plans provisions of the LDC, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division 3.3 the LDC prior to the issuance of a building permit or other
development order.
C. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedication to Collier County and the methodology for providing perpetual
maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units may be
designated as models. Such model units shall be governed by Section 2.6.33.4 of the
Collier C01mty LDC.
B. Temporary sales trailers and construction trailers can be placed on the site after site
development plan approval and prior to the recording of Subdivision Plats, subject to the
other requirements ofSoction 2.6.33.3 of the LDC.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions~.;,
A. Excavation activities shall comply with the definition of a "I}Qevelopment Bexcavation"
pursuant to Section 3.5.5.1.3 Code of Laws and Ordinances and efthe LDC, whereby off-
site removal shall be limited to 10 percent of the total volume excavated but not to exceed
20,000 cubic yards.
B. All other provisions of Di'lision 3.5 Exca'o'ation of tho Land Development Code the
Code of Laws and Ordinances and LDC shall apply.
5
178
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit" A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 35 units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
I. Single family dwellings (includes zero-lot line).
2. Two family dwellings and duplexes.
B. Permitted Accessory Uses and Structures:
I. Customary accessory uses and structures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including swimming pools, walking paths,
picnic areas, recreation buildings, verandas, and shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model units,
(Sec. 2.5, as applicable).
4. Gatehouse.
5. Essential services, including interim and permanent utility and maintenance
facilities.
6. Water management facilities, including those within any natural habitat
areas.
6
7. Recreational facilities, such as boardwalks, walking paths !d ~Uc areas
within any natural habitat areas.
8. Supplemental landscape planting within natural habitat areas.
9. Any other accessory use deemed comparable by the Community
Development and Environmental Services Administrator.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Carlisle Regency
RPUD. Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is measured from
the adjacent right-of-way line. A minimum distance of twenty:.three feet shall be
maintained between a front-loaded garage and the inner edge of the sidewalk.
2. If the parcel is served by a non platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line. A minimum distance of
twenty:.three feet shall be maintained between a front-loaded garage and the inner edge of
the sidewalk.
B. Off Street Parkin2 and Loadinl! Reauirements:
As required by Division 2.3 efthe LDC in effect at the time of building permit application.
7
TABLE I
RESIDENTIAL
DEVELOPMENT
STANDARDS
178
STANDARDS
Minimum Lot Area
(per unit)
Minimum Lot Width
SINGLE FAMILY TWO FAMILY
6,000Sq. Ft. 5,000 Sq. Ft.
50' Interior Lots (1) 90' Interior Lot
(1) (45') (2)
60' Corner Lots 110' Corner Lots
(55') (2)
20' 20'
23' 23'
20' 20'
0' & 12' or both 6' 0' & 12' or both 6'
20' 20'
10' 10'
NA NA
NA NA
20' 20'
10' 10'
10' 10'
Front Yard Setback
Garage (front access)
Garage (side access)
Side Yard Setback
Rear Yard Setback
Principal Structure
J\ccessory Structure
PUD Boundary Setback
Principal Structure
J\ccessory Structure
Lake Setback
Distance Between
Principal Structures:
Distance Between
Accessory Structure:
Maximum Height;
Principal Building
story
Accessory Building
Minimum Floor Area
Minimum carport or
garage per unit
+ 2. story with a maximum of 35'
+ 2-story with a maximum of 35'
20'/Clubhouse 35'
1200 Sq. Ft.
I car garage
20'/Clubhouse 35'
1100 Sq. Ft.
I car garage
(1) Lot width may be calculated per LDC for cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a
2 family structure is on an individually platted lot.
(3) In no instance shall a buildinq or accessory buildinq encroach into a required landscape buffer.
(4) 2 Story Two-family structures must maintain a minimum 6 foot side Yard Setback to the property
line on both sides.
NOTE: Common area pool, clubhouse or recreational amenities setback (all yards): 20 feet
8
c.
Open Space/Natural Habitat Preserve Area Requirements
178
1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the
LDC, shall be provided on-site.
2. A minimum of twenty five (25) percent ofthe viable naturally functioning native
vegetation on-site (natural habitat preserve area), including both the understory and the
ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as
described in Seetion 3.9.5.5.3 of the LDC.
D. Landscapinl! and Bufferinl! Requirements:
I. Landscape requirements shall be in accordance with the Collier County LDC, at time of
permitting.
2. Preservation of existing vegetation on the perimeter of the project will constitute the
required landscape buffering, if the existing vegetation meets or exceeds the minimum
requirement.
3. .A1 miniml:lffi of2 canopy trees is required for eaoh lot.
E. Architectural Standards
1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall
be architecturally and aesthetically unified. Said unified architectural theme shall include:. a
similar architectural design and use of similar materials and colors throughout all of the
buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping
and streetscape materials shall also be similar in design throughout the subject site. All
buildings shall be primarily finished in light.. subdued colors with stucco except for
decorative trim.
2. All pole lighting, internal to the project, shall be architecturally designed, limited to a
height of thirty (30) feet.
F. Sil!ns
Signs shall be permitted as described within Di'lision 2.5 efthe Collier County LDC.
9
178
SECTION IV DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this
project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plans and all applicable State and local laws, codes, and regulations
applicable to this RPUD, in effect at the time of final plat, final site development plan
approval or building permit application as the case may be. Except where specifically
noted or stated otherwise, the standards and specifications of the official County LDC shall
apply to this project. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this tlDocument.
These developer commitments will be enforced through the provisions agreed to and
included in the declaration of covenants and restrictions or similar recorded instrument.
Such provisions must be enforceable by lot owners against the developer, its successors
and assigns, regardless oftumover or not to any property owners' association.
The developer, its successor or assignee, shall follow the RPUD Master Plan and the
regulations of this RPUD.. as adopted.. and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in title or assignee is
subject to the commitments within this Document.
4.3 PUD MASTER PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual
in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not
be construed to be final and may be varied at any subsequent approval phase such as final
platting or site development plan approval. Subject to the provisions of Section 2. 7.3.5 of
the Collier County LDC, amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
10
178
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A. A Site Development Plan shall be submitted per County regulations in effect at time of
site plan submittal. The project is projected to be completed in two ~ or three fJ-t phases.
B. The landowners shall proceed and be governed according to the time limits pursuant to
Section 2.7.3.1 of the Lund Development Code set forth in the LDC.
C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit
stating that representations contained therein are true and correct.
4.5 ENGINEERING
A. This project shall be required to meet all applicable County Ordinances in effect at the
time final construction documents are submitted for development approval.
B. Design and construction of all improvements shall be subject to compliance with
appropriate provisions of Division 3.2 Subdivision, of the Collier County LDC.
4.6 WATER MANAGEMENT
A. The water management system shall be permitted by Collier County in accordance with
SFWMD requirements.
B. An Excavation Permit will be required for all lakes in accordance with Diyision 3.5 of
the Collier County LDC and SFWMD rules.
C. Lake setbacks from the perimeter of the RPUD may be reduced to twenty-five
(25) feet where a six (6) foot high fence or suitable substantial barrier is erected.
4.7 UTILITIES
A. Central water distribution shall be constructed throughout the project development by
the developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within utility
easements required by the County shall be dedicated to the County for ownership,
operation and maintenance purposes. All water facilities constructed on private property
and not required by the County to be located within County Utility Easements shall be
owned, operated and maintained by the developer, his assigns or successors. Upon
completion of construction of the water facilities within the project the facilities shall be
tested and inspected to insure they meet Collier County, State and Federal requirements at
which time they shall be conveyed to the Collier County Water/Sewer District, when
required by the Public works Divisions, Water Department, prior to being put into service.
11
178
-
B. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water distribution system shall be reviewed and approved by the Engineering
Review Services Department prior to commencement of construction.
c. The tie-in to the County Regional Water system shall be made to the existing water
main on Orange Blossom Drive. Main sizing on the site shall be determined by Section
3.2.8.1.8 of the Collier Coanty LDC. Potable water for fire-flows shall be of sufficient
quantity, as determined by the North Naples Fire Control District, for the purpose of fire
fighting at the furthest point from the proposed tie-in.
D. Utility-stubs for future system interconnectsions with adjacent properties shall be
provided as determined by the Public Works Division and the developer during the design
phase of the project.
4.8 SEWER
A. Sewage collection system shall be constructed throughout the project by the developer
pursuant to all current requirements of Collier County and the State of Florida. Sewer
facilities constructed within platted rights-of-way or within utility easements required by
the County shall be conveyed to the County for ownership, operation and maintenance
purposed pursuant to appropriate County 9Qrdinances and regulations in effect at the time
of conveyance. Sewer facilities constructed on private property and not required by the
County to be located within utility easements shall be owned, operated and maintained by
the ~eveloper, his assigns or successors. Upon completion of construction of the sewer
facilities within the project, the facilities shall be tested and inspected to insure they meet
Collier County's utility construction requirements in effect at the time construction plans
are approved. The above tasks must be completed to the satisfaction of the Development
Services, Engineering Review Section, prior to placing any utility facilities, County owned
or privately owned, into service Upon completion of the sewer facilities and prior to
issuance of certificates of occupancy for structures within the project.. the utility facilities
shall be conveyed to the County, when required by Public Works, pursuant to County
G.Qrdinances and ®ulations in effect at the time conveyance is requested.
B. All construction and technical specifications and proposed plats, if applicable, for the
proposed sewage collection system shall be reviewed and approved by the Engineering
Review Department prior to commencement of construction.
12
178
4.9 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition,
and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance of the first certificate of occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the first
CO.
D. Road impact fees shall be paid in accordance with Collier County the applicable County
Impact Fee Ordinance 01 13, as amended, and Division 3.15 of the LDC, as amended.
E. All work within Collier County rights-of-way or public easements shall require a
&right-of-way P:Q.ermit.
F. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be
amended. Collier County reserves the right to modify or close any median opening existing
at the time of approval of this RPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited to,
safety, operational circulation, and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of ingress, a
point of egress or a median opening, nor the lack thereof, shall be the basis for any future
cause of action for damages against the County by the developer, its successor in title, or
aSSIgnee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any such
facilities.
I. If any required turn lane improvement requires the use of existing County right- of-way
or easement, compensating right-of-way, shall be provided without cost to Collier County
as a consequence of such improvement.
13
178
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device,
sign or pavement marking improvement within a public right-of-way or easement is
determined to be necessary, the cost of such improvement shall be borne by the developer
and shall be paid to Collier County before the issuance of the first CO.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these locations.
The developer, or assigns, shall assure that any such shared access or interconnection is
utilized and shall accommodate the perpetual use of such access by incorporating
appropriate language into the development covenants or plat.
L. Prior to issuance of the first CO, the developer shall improve Yarberry Lane to a width
of24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle
Regency RPUD. From the entrance of the Carlisle Regency RPUD to the south property
line, the developer shall taper the width of the paving to align with the existing paved
right-of-way.
4.10 PLANNING
A. Pursuant to Section 2.2.25JL I of the LDC, if during the course of site clearing,
excavation or other construction activity a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department shall be
contacted.
4.11 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by the
Environmental Review Department Staff.
B. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty five (25)
feet from the landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the State of Florida Environmental Resources
Permit Rules and be subject to review and approval by the Environmental Review Staff,
C. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Review Department Staff for review and approval prior to final site
development plan/construction plan approval.
D. Existing native vegetation shall be preserved in accordance with the LDC requirements.
14
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EXHIBIT "B"
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17C
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement
Other:
*********************************************************************************************************
Originating DeptJ Div: Comm.Dev.Serv./Planning Person: Carolina Valera t::;, \,j.
Date: '3 -8. ob
Petition No. (If none, give brief description): CU-:1005-AR-8081, La Playa Golf Maintenance Facility
Petitioner: (Name & Address): Agnoli, Barber, & Brundage, Inc., Fred Reischl, AICP, 7400 Tamiami Trail
Naples, Fl. 34108
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) R. Bruce Anderson,
Esquire, Roetzel & Andress, 850 Park Shore Dr., Naples, Fl. 34103, La Playa Golf Club LLC, 1133 Viking Way, Naples, Fl. 34110
Hearing before
BCC
BZA
Other
Requested Hearing date:
5/9/06
Based on advertisement appearing ~ days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition: CU-200S-AR-8081, La Playa Golf Club LLC,
represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, is
requesting a conditional use allowed per LDC Section 2.04.03 of the RSF-3 (Residential Single Family) zoning district for a Golf Course
Maintenance Facility. This proposed conditional use will permit a reconfiguration of the site and construction of a new maintenance
structure. The subject property, consisting of 2.5 acres, is located at 220 Cypress Way East, in Section 24, Township 48 South, Range
25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
b~e~
List Attaclunents:
3h~(;,
Date .
Approved by:
Date
County Manager
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 R''''iV<d'~ Date of Public homing' ~ Date Advcm.oo' ~~
.,
..RESOLUTION 2006 .
A RESOLUnON OF THE BOARD' OF ZONING APPEALS
PROVIDING FOR THE ESTABIJSBMENT . OF A
CONDITIONAL USE TO ALLOW A GOLF COURSE
MAINTENANCE . FACILITY WITHIN THE RSF-3
(RESIDEN'IlALSINGLE FA:MIL Y) ZONING' DISTRICT
PURSUANT' . TO THE COLLIER COUNTY LAND
.DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, FOR
PROPERTY LOCATED AT 220 CYPRESS WAY EAST.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, bas confep'cd on Collier County the power to
establish, coordinate and enforce. zoning and such business regulations as are necessary for
the protection .of ~e public; and
WHEREAS, the County pursuant thereto has adopted. a Land Development Code
(Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of puticular geographic divisions of the County. among which is
the gr~tiDgof Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and co~tituted .
. plau.oing board for the area hereby affected, has held a public hearing after notice as in said
. regulations made and provided, and has considered the advisability of a Conditional Use to
allow a Golf Course Maintenance Facility within the RSF-3 (Residential Single Family)
zoning district pursuant to Land Development Code Section 2.04.03, Table 2, on the
property hereafter described, and the Collier County Planning Commission has found as a
ma~ of faCt (Exhibit "AU) that satisfactory provision and arrangement have been made
concerning all applicable mallers required by. said regulations and iIi accordancc with
Subsection 1O.08.00.D. of the Land Development Code; and
WHEREAS. all iIJterested parties have been given opportunity to be heard by this
Board in a public mceting~mblcd and the Board having considered aU matters presented.
NOW, THEREFORE, BB IT RESOLVED BY TIlE BOARD OF ZONING
APPEAlS OF COLLIER COUNTY, FLORIDA, that:
The petition, CU-2005-AR-8081, filed by Fred Reischl, AICP of Agnoli, Barber, &
Brundage, Inc. representillg with respect to the property hereinafter described in Exhibit
"B~, and the same is hereby approved for a conditional we according to Section 2.04.03 of
the Land Developmcmt Codeip. the RSF-3 (Residential Single Family) zoning district fora
Golf COUI8C Maintenance Facility in' accordance with the Conceptual Site Plan (Exhibit
"C").
Page 1 of2
."..... I 'j
At' f~
6~,
17C
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion. second and super-majority v.ote this
day of
,2006.
ATfEST:
DWIGKI' E. BROCK, CLERK
BOARD OF ZONlNG APPEALS
COlLIER COUNTY, FLORIDA
. BY:
. Deputy Clerk
Frank: Halas, Chainnan
CU-20Q.5..AIl...JlCV/op
Attachments:
Exhibit A: Collier County Planning CoIlJIllission Fmdings of Fact
Exhibit'B: Legal Dl'I8Cription
Exhibit C: . Conditional Use Conceptual Site Plan dilled September 200S .
Pagc2of2
...
1
.. ,;
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8081
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboririg properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above [mdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
CHAIRMAN:
EXHIBIT A
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17C
March 15, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2005-AR-8081, La Playa Golf Maintenance Facility
Dear Legals:
Please advertise the above referenced notice on Sunday, April 23, 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 .0.1 Account # 113-138312-649110
NOTICE OF PUBLIC HEARING
l':"'~? ((l
, ~i II
-f 1
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 9, 2006
in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2005-AR-8081, La Playa Golf
Club LLC, represented by Fred Reischl, AICP, of Agnoli, Barber &
Brundage Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress,
is requesting a conditional use allowed per LDC Section 2.04.03 of
the RSF-3 (Residential Single Family) zoning district for a Golf
Course Maintenance Facility. This proposed conditional use will
per.mit a reconfiguration of the site and construction of a new
maintenance structure. The subject property, consisting of 2.5
acres, is located at 220 Cypress Way East, in Section 24, Township
48 South, Range 25 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
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)
Dwight E. Brock
Clerk of Courts
CQqpty-_~fG(jllier
CLERK OF T-HECIltCU:IT COURT
COLLIER COUNTY 9<?URTPf;OUSE
3301 TAMIAMI TRAIL EAtST
P.O. BOX 41~'~044 '.
NAPLES, FLORIDA'~.11 0 1-3044
"'/'
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 15, 2006
R. Bruce Anderson, Esquire
Roetzel & Andress
850 Park Shore Dr.
Naples, Florida 34103
Re: Petition CU-2005-AR-8081
La Playa Golf Maintenance Facility
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 9, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 23, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
tdi . () 00(!iJ.il/}JJC
Heidi R. Rockhold, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Wcbsite: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
, '
Dwight E. Brock
Clerk of Courts
Goqpfy-ofCollier
CLERK OF 'fHE^GlRCUJT COURT
COLLIER COUNTY 6,oURTlloUSE
3301 TAMIAMI TRAIL EA~T
P.O. BOX 41')~044 ..
NAPLES, FLORIDA ~~:11 0 1-3044
--\:(
~
\..!.r
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 15, 2006
La Playa Golf Club LLC
1133 Viking Way
Naples, Florida 34110
Re: Petition CU-2005-AR-8081
La Playa Golf Maintenance Facility
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 9, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 23, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~)~ . fl q{)cJ)oJIJ,iJ(J
~di R. Rockhold, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierc1erk@c1erk.collier.fl.us
...-;.. r~.':); .,--:..,...
Dwight E. Brock
Clerk of Courts
GOl!pty_()fGollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY QOURTijOUSE
3301 TAMIAMI TRAIL EA.'$T
P.O. BOX 4 i'~044 . .
NAPLES, FLORIDA~~~101-3d44
\/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 15,2006
Agnoli, Barber & Brundage, Inc.
c/o Fred Reischl, AICP
7400 Tamiami Trail
Naples, Florida 34108
Re: Petition CU-2005-AR-8081
La Playa Golf Maintenance Facility
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 9, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 23, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Y1td1. G. ~oetArJf)t,j)C
( ~idi R. Rockhold, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Ernail: collierc1erk@c1erk.collier.fl.us
17C
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Thursday, March 16, 2006 4:33 PM
'Iegals@naplesnews.com'
GU-2005-AR-8081, La Playa Golf Maintenance Facility
Attachments:
GU-2005-AR-8081.doc; GU-2005-AR-8081.doc
Legals,
Please advertise the above mentioned notice on Sunday, April 23, 2006.
CU-200S-AR-8081. CU-200S-AR-8081.
doc (30 KB) doc (29 KB)
lfyou have any questions, please call.
Heidi R. Rockhold
Clerk to the Board of County Commissioners
A1inufes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl.us)
Heidi Rockhold
Jbl. (;,
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, March 16, 2006 4:33 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT2623955.txt; CU-2005-AR-8081, La Playa Golf Maintenance Facility
1~.'."...'~.'1
~
F~7."'1
L:.J
ATT2623955.txt CU-2005-AR-BOB1,
(231 B) La Playa Golf... Th' . . . II 1 D I' S" iI. r of' .
J ,is is an auwmallca J' generatel. e IvefT ^ tatus lvotricatWfl.
Your message has been succes'.~fidly relayed to thefollowing recipients, but the requested
delivery status llotUlcations may not be generated by the destination.
I egals@!.naple,)'neH's.com
Heidi Rockhold
JL "
Heidi R. Rockhold
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com)
Thursday, March 16, 20064:33 PM
Heidi R. Rockhold
Delivered: CU-2005-AR-8081, La Playa Golf Maintenance Facility
Attachments:
CU-2005-AR-8081, La Playa Golf Maintenance Facility
CU-200S-AR-8081,
La Playa Golf...
<<CU-2005-AR-808/, La Pla.va Go~rA;[aiJltenance Facili(v>> Your message
To: legals@?naplesnelvs.com
Sul?ject: CU-2005-AR-8081, La Playa Go(lA1aintenance Facili(F
Sent: Thu, 161\>1ar 2006 16:33:00 -0500
was delivered to thefollolving recipient(s):
legals on Thu, 16 A;{ar 2006 16:33:06 -()500
Heidi Rockhold
CU-2005-AR-8081. La Playa Golf Maintenance Facility
Heidi R. Rockhold
Page 1 of 1
17 (~
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Friday, March 17, 2006 8:08 AM
To: He~iR.Rockho~
Subject: RE: CU-2005-AR-8081, La Playa Golf Maintenance Facility
OK
-----Original Message-----
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us]
Sent: Thursday, March 16, 2006 4:33 PM
To: legals@naplesnews.com
Subject: CU-200S-AR-8081, La Playa Golf Maintenance Facility
Legals,
Please advertise the above mentioned notice on Sunday, April 23, 2006.
<<CU-2005-AR-8081. doc>> <<CU-2005-AR-8081.doc>>
If you have any questions, please call.
Heidi R. Rockhold
Clerk to the Board of County Commissioners
ldinutes and Records Department
(Phone) 239-774-84/ J
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl. us)
3/1712006
1
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
public tion in the sai ewspaper.
~,
M
CIJ-2005-AR-8081
NOTICE OF'
NIUe HEARING
.Notlee Isllereby' given
'that tile 8c>ard 01' County
,Commissioners of cor-
lIer CCll.lnty will hold a
l!ubI\C' hearing on Tues-
Clay ,Mlb". 2Q1l6 In the
Boerdroom, 3,dFloor,
AdmmJstra~ 'lvllding,
ColJlerCounty Govern-
ment <;enter. 3301 East
Tamteml Trail, NlJPlesl
FlorIdL The me.tlng wll I
begin at 9:00 A.M.
The ~ will consider
Ptt,ltion CU.-20Q5-AR-
1ilU81, la Playa Golf Club
llC represented by
Fred Reischl, AICP, of
Agnoll, Barber & Brun.
dille Inc, and R. Bruce
AnClenon, Esquire ofi
R6etze1 & Andress Is reo I
questing a 'condrtional
use allowed per lDC
Section 2.04.03 of the
RSF -,3 (Residential Sin-
gle Family) zoning dis-
trict for a Golf Course
rM, aintenance Fecllit.Y.
his proposed condi-
tional .\lse will permit a
reconflguratlon of the
site and construction of
il new maintenance,
structure. The subject
property, consisting of
2.5 acres, Is located at'
220 Cypress Way East,
In, Seetton 24, Township
4B South, Range 25 East,
COllier COunty, Florida.
NpTE:AII Persons wish.
Ing to speak on any
agenda Item must regis-
ter with the County Ad-
ministrator prior "to pre-
sentotlon of the agenda
~tem to be addressed.
-tndlvlduai speakers will
be limited to 5 minutes
on llIW Item. The selec.
tlon of an Individual to
spe Iilehal,f of an
o , " or groUP Is
ene geq. If recog-
nized y the Chair, a
spokesperson for a
group or organization
may be allotted 10 min-
utes to speak on an
Item.
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that they
serve as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I times in the issue
on April 23rd, 2006
Sworn to and subscribed before me
This 24th day of April, 2006
a. ~
? ~
(SignCl~ ,!.l~)......
to" :-,.,'.'.-:;.c~'"
Persons wishing to
have written or Qrllllhlc
'materlal's Included In
the ~. ",enda pac\(-
8\f.' .~mlt said
.. 't'!lInlmum of 3
\If the re-
,.., ttte-IRQ..
YTten me.'
t . d .to be
consldel'ed ~y the Board
shall be submitted tal
the aPpropriate County
staff a minimum of sev-
_!l!"~~>>j':rto the
__lIC 11~ . All ma-
terlalused In presenta-
tions before the Board
will become a perma-
nent part of the record.
Any person who decides'
theto .~' I a decision of
will need a re-
corel 0 the proceedlngs
pertaining thereto and
tl1erefOre, may need to
ensure that a verbatim
record of the proceed-
InQI Is made. which re-
cord ,Includes the testl-
monyand evidence
upon which the appeal
IS based.
BOARD OF COUNTY
COMMISISONERS '
COlliER COUNTY,
FLORIDA
FRANK HALAS. CHAIR-
MAN
g~~~HT E. BROCK,
By: Heidi R. Rockhold,
~& Clerk
Apr. 23 No. 13474331
..m ,..,...
'!~f i MVCl:>>HSSlON, IXIIlIIlf _
"!,~"""r.tI 1u~ 18, 2007
" ,,,,,, llONOfo 1I4RU TIlOYFAlIIIIICllUIA/Ia, INt
~' - ,.-"~
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 complete. 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
17C
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 si.gnature, 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 routine order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the 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 May 9, 2006 Agenda Item Number l7C
Approved by the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
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
signed by the Chairman, with the exception of most letters, must be reviewed and signed c)
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 c..y.
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. L.J.
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 BCe on 05/09/06 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's c-v.
Office has reviewed the changes, 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
MEMORANDUM
Date:
March 20, 2006
To:
Carolina Valera, CDES
Principal Planner
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-116
Enclosed please find one copy of the document, as referenced above, (Agenda
Item #17C), approved by the Board of County Commissioners on May 9,
2006.
If you should have any questions, please call 732-2646 ext. 7240.
Thank you.
Enclosure
17C
-!.~
7?r
u
RESOLUTION 2006 - ~
A RESOLUTION OF THE BOARD OF ZONING
APPEALS PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE TO ALLOW A GOLF
COURSE MAINTENANCE FACILITY WITHIN THE
RSF-3 (RESIDENTIAL SINGLE FAMILY) ZONING
DISTRICT PURSUANT TO THE COLLIER COUNTY
LAND DEVELOPMENT CODE, SECTION 2.04.03,
TABLE 2, FOR PROPERTY LOCATED AT 220
CYPRESS WAY EAST.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is
the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a Conditional Use to
allow a Golf Course Maintenance Facility within the RSF -3 (Residential Single Family)
zoning district pursuant to LDC Section 2.04.03, Table 2, on the property hereafter described,
and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
The petition, CU-2005-AR-8081, filed by Fred Reischl, AICP of Agnoli, Barber, &
Brundage, Inc. representing with respect to the property hereinafter described in Exhibit "B",
and the same is hereby approved for a conditional use according to Section 2.04.03 of the
LDC in the RSF-3 (Residential Single Family) zoning district for a Golf Course Maintenance
Page 1 of2
"" ""
.J . i'J r'0 '.~
.1-. /. ~! v
-'_!'
Facility in accordance with the Conceptual Site Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
9ili
day of
Ma.v
I
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
"B ~.~(
8eputy Clerk A...utt. ", to 0$.. frIWI j
~. . . . S19fl,1tiltlr"t ('fA 111
BY: ~~/
Frank Halas, CHAIRMAN
CU-2005-AR-8081/CY /sp
Attachments:
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan dated September 2005
Exhibit D: Conditions of Approval
Page 2 of2
r~"-'. "" ~,.- ~-l
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~~~~
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05/09/2005 21:23
9417329403
MARK STRAIN
PAGE 02/02
17r~
V
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8081
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes1- No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by .b",,"~'r"s t sJ{oAe~j
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesLM No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
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Conditions of Approval
1. No variances from any LDC requirements have been granted as part of the
acceptance of the subject site plan. If it is determined that the site plan is not in
compliance with any LDC requirements, the site plan must be brought into
compliance prior to the issuance of any site development plan approval. The use
and general site location is limited to what is depicted on the site plan identified
as "La Playa Golf Course Maintenance Facility - Conceptual Site Plan" prepared
by Agnoli, Barber and Brundage, Inc., dated September, 2005, except as further
conditioned below.
2. The Conditional Use will expire three years from the date of approval if no
development is commenced; however, Conditional Use extension approval may
be sought if such is allowed by the LDC regulations in effect at that time.
3. An 8-foot high fence must be provided along the subject property lines. Said
fence must be located at a minimum of 6 feet inside the property line with the
required landscape plantings located on the outside of the fence.
4. The applicant must submit a contaminated soil management plan and the results
of the additional sampling in the proposed excavations (water management areas)
to the County as part of the Site Development review.
Exhibit D