Backup Documents 03/24/2009 Item #16B10
16810
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 Origmal d\lcutllcnts should be haw! ddivcrcd tn the Board Offie,' i'l,c <.;\lrnpll.'kd routing slip and migin<ll
documents are to be fi)rwarded to !he Hoard OfllCl:. (In!v aftq: [he BU<lnJ h,l'; taken ;l(:lion on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as approprilUt for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's simature, draw a line throup. routine lines # 1 through #4, complete the checklist and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in rautio. order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original docwnents 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
j oc. beJoU- L
'(i 24 76D
Phone Number
zsz -5!6z.j
1~616
5
Yes
(Initial)
N/A(Not
A lieable)
Agenda Item Number
Number of Original
Documents Attached
~
I: Forms! County Forms! Bee Fonns/ 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
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
Chainnan 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 exec t the BCC Chairman aod 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 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 f our deadlines!
The document was apprnved 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.
16810
MEMORANDUM
Date:
March 27, 2009
To:
Joe Delate, Senior Project Manager
Transportation Engineering/Construction Mgmt.
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement
Enclosed please find one (1) copy, as referenced above (Agenda Item #16B10)
adopted by the Board of County Commissioners on Tuesday, March 24, 2009.
The original document is being retained for the Board's permanent record.
If you should have any questions, please contact the Minute's and Record's
Department at 252-7240.
Thank you.
Enclosure
'.:f.~"tJ~MII,t.:1.
i~
~ .",..." ij "~
\.1-'", ::0
-:e."< ":,,, .,i;:;
,):", ,..,.
Os ~')-&
16810
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901
(239) 338-2929 . FL WATS 1-800-248-1201 . Suncom 748-2929 . Fax (239) 338-2936 . www,sfwmd,gov/lwc/
Cost Code: 10516
February 25, 2009
Jay Ahmad, P.E.
Collier County
Transportation Engineering and Construction
Management
2885 S. Horseshoe Drive
Naples, FL 34104
Dear Mr. Ahmad:
CONSENT AGREEMENT
Subject: Final Agency Action
Notice of Violation
Northbrooke Bridge
Collier County, Sec. 19 fTwp. 48/Rge. 26
Order No.
The purpose of this letter is to complete the resolution of the violation previously identified
by the South Florida Water Management District (District) in the Notice of Violation dated
November 03, 2008, a copy of which is attached. The activities addressed in the Notice of
Violation include Dewatering without a Permit. The settlement is as follows:
- Payment of Fifty Nine Thousand Six Hundred Fifty Dollars ($59,650.00) in civil
penalty.
- Payment of Two Thousand Five Hundred Dollars ($2,500.00) in staff investigative
costs and attorney fees.
The total amount is Sixty Two Thousand One Hundred Fifty Dollars ($62,150.00). This
payment is to be made by certified check or money order to the South Florida Water
Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406-4680, to
the attention of Lisandra Jones, Environmental Resource Compliance Division. The total
payment is due within fourteen (14) days of execution of this agreement by the District's
Governing Board.
Your execution of this short form consent agreement constitutes your acknowledgement to
the terms of the order. This order will then be presented to the District's Governing Board
with a staff recommendation for approval. If executed by you and the District the terms
and conditions of this order may be enforced in a court of competent jurisdiction, pursuant
to Sections 120.69, 373.129, and 373.136 of the Florida Statutes.
~~CT HEADQUARTERS: 3301 Cun Club Road, PO, Box 24680, West Palm Beach. FL 33416-4680 . (561) 686-8800 . FL WAT51-8oo-432-2045
I
16BIO
Northbrooke Bridge
Order No.
Cost Code 10516
February 25, 2009
Page 2
By signing this document, without admitting liability, you have provided the District
assurances of good faith compliance with this agreement in consideration for the District
not taking action to seek judicial imposition of damages or civil penalties for the violation
described above. If you do not sign and return this letter to the South Florida Water
Management District, at the address given above, within seven (7) days of receipt it will be
assumed that you are not interested in settling this matter according to the terms
described herein, Subsequently, this matter would then be referred to the District's Office
of Counsel with a recommendation that formal enforcement action be taken against you.
In the event it is necessary for either party to initiate legal action regarding this Consent
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under State law and
in the Southern District of Florida, West Palm Beach Division, for any claims which are
justiciable in Federal Court.
If you have any questions please contact Melissa Roberts, Enforcement Coordinator, at
(239) 338-2929 ext. 7795. Your attention and cooperation in this matter is appreciated.
Sincerely,
~tr;~:l~>-~"",
Melissa Roberts, .E.
Enforcement Coordinator
Lower West Coast Service Center
South Florida Water Management District
Attachment(s)
CERTIFIED MAIL NO. 70062150000254704281
c: Jack Morgan, Astaldi Construction (via e-mail)
Jay Ahmad, Collier County (via e-mail)
16B10
Northbrooke Bridge
Order No.
Cost Code 10516
February 25, 2009
Page 3
DONE AND SO ORDERED at West Palm Beach, Palm Beach County, Florida, this
day of 2009 .
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
BY:
Terrie Bates, Assistant Deputy Executive Director of Water Resources
ATTEST:
BY:
Secretary
RESPONDENT
"J
JM Arlr\AftD, D I (irA 1f[JVl
PRINTED NAME AND TITLE
~~EST Vtl~
b/AntJqilth, ~1)rr1IN f'tflr6T .
PRINTED NAME AND TITLE
Approved as to Form and
~;;d2..1
County Attorney
Scott R. Teach
,3
16RIO
A lTEST;' - F; ,t
DWIGHT E. B~OGK, Clerk
" .<'
~.,
~~-~~
~tllfl&tlrt'OiiI~ ·
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORIDA
BY: frn;n~ d4.~
Donna Fiala, Chairman
Date: March 24, 2009
4
8 8
~ ~ ~
~ ~
'" III
lD c:i
Z I-~
""Sl
0", zSl
!!!'" ::l~
. it!
8 0
ci
8 ci
I~ z
~ ...J",
~ ~I ~~
!ll
l!; "It 0
I! " 0
~I~
i .. ~~
i 115
,,~~ e~
.::
. r
.
J!l
c
8
i= 8
:> -g
~ co
9 I!!
~ u. . ~
~ ::l
~ l-
I ::l ~ m
0 a: ~ is
m 0 u.
.. u. !~; i lie
a: m
8 ~ -g ~U
"
0 z i il~1 :to a:>
U ~ ~ :! ~~~
z 0 <:>5:
0 ;!:~gj
l3 I", !flu -g
co <a:...J
on gOLL
::l "
e: z'" 0 <<elm
e'" :a .t:: owa:
-'" I- ...Ja:w
rn c S ~ u.'il~
z <3
0 Ul ~::fl-
U <( ~ :>~a:
2i ~~ Cii ~~o
~ NU.
....J
~ 1;;; wa:
rn >- ~~..
<( 00 ~ o a: 0
0-0
16810