Backup Documents 05/23/2006 R
BCC
REGULAR
MEETING
BACK-UP DOCUMENTS
MAY 23, 2006
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
May 23, 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
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
Page 1
May 23, 2006
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
A. Reverend Dr. Craig W. Nelson, East Naples United Methodist Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes - 5/0
Added
B. Approval of April 26, 2006- BCC/Regular Minutes
Approved and/or Adopted with changes - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Peter Bolton, Helicopter Operations
2) Walter Kopka, EMS
3) Richard D'Orazio, EMS - (Not present)
Presented
B. 25 Year Attendees
Page 2
May 23, 2006
1) Jeff Page, EMS
2) Paul Joseph, EMS
3) David Kitchen, EMS - (Not present)
4) Ricardo Garcia, EMS - (Not present)
5) William Peplinski, EMS
6) Thomas Maguire, EMS
7) Mark Willis, EMS - (Not present)
8) Martha Ginter, EMS - (Not present)
Presented
4. PROCLAMATIONS
A. Proclamation proclaiming May 23,2006 as South Immokalee Community
Unity Day. Proclamation to be accepted by Sharon Tims, Chair of the
Greater Immokalee Southside Front Porch Community and Vicki Jenkins,
Community Liaison.
Adopted - 5/0
B. Proclamation recognizing National Association of Insurance Women and
proclaiming May 23-27,2006 National Association of Insurance Women
Week. Proclamation to be accepted by Allie Ellis, Vice President, President-
Elect of Insurance Professionals of Collier County.
Adopted - 5/0
C. Proclamation recognizing and commending the volunteer Florida airboaters
who saved lives in the aftermath of Hurricane Katrina. Proclamation to be
accepted by volunteer airboater, Eddie Raymond Rewis, Jr. of Chokoloskee,
Florida.
Adopted - 5/0
D. Proclamation bestowing gratitude and esteem upon the Friends of Barefoot
Beach Preserve for unfailing dedication to Barefoot Beach County Park. The
proclamation will be accepted by Mr. Harold Sayer, President of the Friends
of Barefoot Beach Preserve.
Adopted - 5/0
Added
Page 3
May 23, 2006
E. Proclamation declaring May 28 - June 3, 2006 as National American Ex-
POW's Recognition Week to be accepted by Harold Leavitt, Senior Vice
Commander of the Collier Chapter of American Ex Prisoners of War.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Emergency Medical Services' MedFlight for
the receipt of the Helicopter Association International Platinum Safety
A ward.
Presented
6. PUBLIC PETITIONS
A. Public Petition request by Ernest N. Freeman, Jr., to discuss waiver of
property liens in Immokalee.
To be brought back at future meeting for consideration - Approved 5/0
B. Public Petition request by Marcia Breithaup to discuss pet friendly
emergency evacuation shelters in Collier County.
To have Emergency Management and Domestic Animal Services
Advisory come up with suggestions and/or ideas
Item 7 and 8 to be heard no sooner than 1:00 o.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Public Hearing to consider adoption of an ordinance establishing the
Parklands Collier Community Development District (CDD) pursuant to
Section 190.005, Florida Statutes.
Ordinance 2006-24 Adopted - 5/0
B. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Schedule Ten of Appendix A of Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance) providing for the incorporation by
reference of the impact fee study entitled Collier County Law Enforcement
Impact Fee Study Cost and Credit Update dated May 5,2006, amending the
Page 4
May 23, 2006
Law Enforcement Impact Fee Rate Schedule to reflect the amended rates set
forth in the impact fee study and providing for an effective date and a
delayed implementation date of June 30, 2006.
Ordinance 2006-25 Adopted - 5/0
C. Recommendation that the Board approve an increase to the Collier Area
Transit (CAT) bus fares.
Resolution 2006-134 Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONERS
C.
Added
D.
A.
Appointment of members to the Immokalee Enterprise Zone Development
Agency.
Resolution 2006-133 Re-appointing Eva Deyo and Captain Tom Davis
- Adopted 5/0
B.
Appointment of Commissioners to serve on the Value Adjustment Board
and set the Date for the Organization meeting.
Commissioner Coletta, Commissioner Fiala, and Commissioner
Henning to serve as regular members; Commissioner Halas and
Commissioner Coyle to serve as alternate members; and meeting set for
July 26, 2006 at 9:00 a.m. - Approved 5/0
Recommendation that the Board of County Commissioners to consider and
approve an employment agreement with the Executive Manager to the Board
of County Commissioners and readopt and approve the current pay plan for
administrative staff reporting to the Executive Manager.
Approved w/amendments to contract - 5/0
This item to be heard at 10:00 a.m. Discussion regarding extending the
May 1,2006 deadline of Resolution 2005-382, (resolution in support of
Hurricane Wilma relief and recovery operations) adopted 4/0 by the Board
of County Commissioners at the November I, 2005 Board meeting
(rescheduled from October 25,2005). Resolution 2005-382 suspends the
enforcement of subsections 2.01.00.2.03.07.J.3.A, 3.02.09.E, and
4.02.22.C.l of the Collier County Land Development Code (Ordinance
Number 04-41, as amended) relating to the prohibition of parking of
travel/recreational vehicles in the driveways of single family residences due
to the extensive damage caused by Hurricane Wilma
Page 5
May 23, 2006
Resolution 2006-132 Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. Request additional Board direction regarding whether to further investigate
possible amendments to Collier County's Noise Ordinance. (Joseph K.
Schmitt, Administrator, Community Development)
Motion to take no action at this time - Approved 4/1 (Commissioner
Halas opposed)
B. Request by the Petitioner that this item be continued to the June 20, 2006
BCC Meeting. Report on the drainage issue associated with the Quail
Hollow subdivision as requested by the Board. (Joseph K. Schmitt,
Administrator, Community Development)
Item continued to June 20, 2006
C. Report to the Board of County Commissioners summarizing the April 13,
2006 Immokalee Housing Workshop and request that the Board of County
Commissioners provide direction to the County Manager, or his designee,
regarding enforcement of the existing Minimum Housing Standards
Ordinance as it relates to the Immokalee area (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
Approved w/stipulations - 4/1 (Commissioner Henning opposed)
D. Recommendation to approve a scope of services required to procure
professional consulting for the implementation of the Proportionate Share
Ordinance as required under Section 163.3180 of the adopted Growth
Management Bill SB 360. (Norman Feder, Administrator, Transportation
Services)
Approved - 5/0
E. Report to the Board of County Commissioners on the uses of a remainder
property purchased by Collier County as part of a global settlement on the
full compensation due the property owner for the taking of right-of-way at
the southwest corner of the intersection of Vanderbilt Beach Road and
Collier Boulevard. (Norman Feder, Administrator, Transportation Services)
To be used as a staging area for 951 Expansion and future use will be
discussed upon completion in a few years - Approved 5/0
Page 6
May 23, 2006
F.
Added
G.
To seek Board approval of a Locally Funded Lump Sum Agreement,
Memorandum of Agreement and Resolution authorizing the Chairman to
enter into and execute the agreements with the Florida Department of
Transportation to fund the 1-75/lmmokalee Road Overpass Interchange
Project at a cost of$16,521,450. (Norman Feder, Administrator,
Transportation Services)
Resolution 2006-135 Adopted - 5/0
Approve the submittal of a Volunteer Fire Assistance Matching (50/50)
Grant offered by the Florida Division of Forestry, and approve the necessary
budget amendments to recognize and appropriate revenue in the amount of
$3,972.93.
Approved - 5/0
Moved from Item #16C1
H. Recommendation to award Work Order CDM-FT-3593-06-09 with Camp,
Dresser, and McKee, Incorporated, for professional services for a Unified
Water Use Permit application and supporting documents in the amount of
$159,619, Project Number 75005.
Approved - 5/0
Moved from Item #16B13
I. Recommendation to approve an Agreement with Caribbean Venture of
Naples, LLC providing for an easement over county property to construct a
dual-purpose public access road from the Golden Gate Parkway to the
proposed county park and private development.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
- No Public Speakers registered
12. COUNTY ATTORNEY'S REPORT
A. Provide a Status Report on F.S. Chapter 164 Proceedings in Reference to the
Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel, and
Vincent D. Doerr vs. Collier County, in Case No. 05-0064-CA and describe
further attempts by the Staffs of the South Florida Water Management
District, The State of Florida Division of Lands, and the County to reach an
Agreement in the Matter.
Page 7
May 23, 2006
Motion to continue to the June 20, 2006 BCC Meeting - Approved 5/0
Withdrawn
B. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the
Board of County Commissioners will meet in executive (closed attorney-
client) session on TUESDAY, May 23,2006, in the Commission conference
room, 3rd Floor, W. Harmon Turning Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board
members, County Manager James Mudd, County Attorney David C. Weigel,
Chief Assistant County Attorney Michael W. Pettit and Assistant County
Attorney Jacqueline Williams Hubbard will be in attendance. The Board in
executive session will discuss: Settlement and strategy relating to litigation
expenses in the pending litigation cases of Board of County Commissioners
of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of
Collier County, Florida Case Number 05-953-CA consolidated with Case
No. 05-1506-CA and Dwight E. Brock, Clerk of Courts v. Collier County,
Florida, Board of County Commissioners of Collier County, Florida, as Ex-
Officio Governing Board of The Ochopee Area Fire Control & Emergency
Medical Care Special Taxing District, AlKI A The Ochopee Fire District;
Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA.
C. This item to be heard at 1 :00 p.m. For the Board of County
Commissioners to Provide Direction to the Office of the County Attorney as
to any Settlement Proposal/Litigation Expense Issues in Board of County
Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the
Circuit Court of Collier County, Florida Case Number 05-953-CA
consolidated with Case No. 05-1506-CA and Dwight E. Brock, Clerk of
Courts v. Collier County, Florida, Board of County Commissioners of
Collier County, Florida, as Ex-Officio Governing Board of The Ochopee
Area Fire Control & Emergency Medical Care Special Taxing District,
A/KIA The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson
Case No. 04-941-CA, now Pending in the Twentieth Judicial Circuit in and
for Collier County, Florida.
A motion was made for the Legal or Purchasing Department to select an
independent auditing firm (waiving the bid process) to conduct an audit
concerning the significance of the issues raised by the Clerk, an
attestation letter to be prepared by chosen auditing firm and no
contract would be signed before Monday, May 29, 2006 - Approved 4/1
(Commissioner Henning opposed)
Page 8
May 23, 2006
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd - update on beach restoration
B. Jim Mudd regarding taxes on the Zoo property - will report to the BCC
at their meeting of June 6, 2006; Motion to give the County Manager
authorization to pursue this matter - Approved 5/0
C. Commissioner Fiala will not be at the 951 Workshop on May 24, 2006
D. Commissioner Coletta regarding the 1-75 expansion
E. Commissioner Halas - team with Lee county and FDOT regarding the
diversion of traffic during the 1-75 expansion
F. Commissioner Coletta - possible toll way proposal for 1-75
G. Commissioner Fiala - concerns regarding the intersection of Davis and
CR 951
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approval final acceptance of the water and sewer
utility facility for Delasol, Phase 1 and Delasol Recreation Center
single water service.
W /release of Utilities Performance Security Bond
2) Recommendation to approve an Agreement for Sale and Purchase
with George McBean, Natasha McBean and Kasandra McBean for
5.00 acres under the Conservation Collier Land Acquisition Program,
at a cost not to exceed $181,650.
Located within Golden Gate Estates, Unit 53 (Red Maple Swamp
Preserve)
Page 9
May 23, 2006
3) Recommendation to approve an Agreement for Sale and Purchase
with Gustavo A. Petisco and Rose Petisco for 2.73 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $101,250.
Located within Golden Gate Estates, Unit 53 (Red Maple Swamp
Preserve)
4) Recommendation to approve for recording the final plat of Palazzo
Village.
W /stipulation
5) Recommendation to approve for recording the final plat of
Veronawalk Phase 4B, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
6) Recommendation to approve submission of the 2006 Continuum of
Care (CoC) Homeless Assistance Consolidated Grant Application to
the United States Department of Housing and Urban Development
(HUD), and authorize the Chairman to sign the application on behalf
of Collier County and the Board of County Commissioners. Back-up
material available for review in the Operations Support and Housing
Department, 2800 North Horseshoe Drive, Naples, FL.
Resolution 2006-125
7) Recommendation to approve a Budget Amendment recognizing the
Fiscal Year 2007 U.S. Department of Housing and Urban
Development (HUD) entitlement funding, State Housing Initiatives
Partnership Program (SHIP) allocation and corresponding budgets.
For July 1, 2006 through June 30, 2007
8) Recommendation that the Board of County Commissioners enter into
a cooperative agreement with the Governors Office of Tourism, Trade
and Economic Development for the purpose of implementing the
Rural Area of Critical Economic Concern Designation for the
Immokalee Urban Area and surrounding lands located within the
Round II Federal Rural Enterprise Area.
As Detailed in the Executive Summary
Page 10
May 23, 2006
9) Recommendation to approve for recording the final plat of Heritage
Bay, Gator Bay Court Replat.
W /stipulation
10) Recommendation to approve the request from the Oakes Boulevard
Community to name their neighborhood park Oakes Neighborhood
Park.
Located in Golden Gate Estates, between Immokalee Road and
Vanderbilt Beach Road and between the new Logan Boulevard
Extension and 1-75
11) Recommendation to authorize the Chairman to sign a $2,000 Florida
Humanities Council Grant Agreement that will fund a portion of the
$5,002 interpretive trail project at Otter Mound Preserve.
Providing public access and educational activities on
Conservation Collier lands
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Budget Amendment for Work Orders
to Q. Grady Minor & Associates, P.A. to provide Professional
Engineering Services for the Pine Ridge Area Drainage System
Evaluation in an amount of$101,100 and approve the Work Orders.
To determine existing drainage conditions for anticipated future
drainage outfall work
2) Recommendation that the Board review and approve a status report
for the restoration of the lake between 107th Avenue North and 108th
Avenue North, the Naples Park Lake Special Assessment District, to
improve stormwater management for the surrounding properties and
approve a budget amendment in the amount of $13,256.44 to increase
the project to $30,256.44.
For additional services including the removal of stumps, exotics,
Sonar Treatment and Biological Treatment
3) Recommendation that the Board of County Commissioners approve
budget amendments to recognize the insurance reimbursements from
Hurricane Wilma from Landscape Fund (112) revenues in the amount
of$269,068.87 and appropriate within the Fund (112) budget and
Page 11
May 23, 2006
Fund (111) MSTD General Fund Road & Bridge Limerock
Conversion budget.
To be used to replace trees and plant material damaged or
destroyed by Hurricane Wilma
4) Recommendation to approve a budget amendment to transfer funds in
the amount of $300,000.00 from Capital Outlay to Operating in the
Road Maintenance MSTD General Fund (111).
5) Recommendation to approve a one year traffic reservation extension
associated with the approval of the TIS submitted with the Mirasol
SDP AR# 7623.
In association with the approved traffic improvement study for
799 multifamily units submitted with the Mirasol SDP
6) Recommendation to approve a Developer Contribution Agreement
with Caloosa Reserve, LLC, to continue to accumulate right-of-way
and commitments for the Tree Farm Road, Woodcrest Drive and
Massey Street alternative roadway project.
As Detailed in the Executive Summary
7) Recommendation to endorse the appointment of Dexter R. Groose to
the Collier Metropolitan Planning Organization's (MPO) Citizen
Advisory Committee (CAC) as the District 4 representative.
8) Recommendation to approve a budget amendment recognizing carry
forward amounts from FY 04-05 for the Vanderbilt Beautification
MSTU Fund (143) in the amount of$67,171.
To be appropriated for use in FY 06
9) Recommendation to approve a budget amendment recognizing carry
forward amounts from FY 04-05 for the Lely Estates Beautification
MSTU Fund (152) in the amount of$144,621.
To be appropriated for use in FY 06
10) Recommendation to approve the Collier Metropolitan Planning
Organization's (MPO) Operating Budget for FY 2006/07, including
$9,944 County match for Federal Highway Administration Planning
and Federal Transit Administration Section 5303 grants.
As Detailed in the Executive Summary
Page 12
May 23, 2006
11) Recommendation to approve a new Staff Services Agreement between
Collier County Government and the Collier Metropolitan Planning
Organization.
To utilize staff resources with local and state agencies
12) Recommendation to award Bid #06-3961, Purchase & Delivery of
Collier Area Transit (CAT) Bus Shelters and Related Accessories,
Primary Award to Brasco International, Inc., Secondary Award to All
Purpose Manufacturing. (Project #600831)
Moved to Item #101
13) Recommendation to approve an Agreement with Caribbean Venture
of Naples, LLC providing for an easement over county property to
construct a dual-purpose public access road from the Golden Gate
Parkway to the proposed county park and private development.
14) Recommendation that the Board approve and authorize the Chairman
to sign (1) a Landscaping Installation and Maintenance Highway
Agreement (Agreement) with the Florida Department of
Transportation (FDOT) for median and roadside landscape
improvements along Pine Ridge Interchange; and (2) an FDOT-
required Resolution evidencing that the Board has approved and
authorized the Chairman to sign this Agreement.
Resolution 2006-126
C. PUBLIC UTILITIES
Moved to Item #10H
1) Recommendation to award Work Order CDM-FT-3593-06-09 with
Camp, Dresser, and McKee, Incorporated, for professional services
for a Unified Water Use Permit application and supporting documents
in the amount of$159,619, Project Number 75005.
2) Recommendation to approve Certification of Financial Responsibility
for the Renewal of the Department of Environmental Protection
Permit for Injection Well Number 1 at the North County Regional
Water Treatment Plant in the amount of$302,550.
For operation and maintenance of the onsite Injection Well
Page 13
May 23, 2006
3) Recommendation to award RFP 06-3959, Annual Contract for
Analytical Laboratory Services for Collier County to US Biosystems
and ELAB, Inc in an estimated annual amount of $50,000.
Effective May 28, 2006
4) Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee.
5) Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2006-127
6) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1995
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $40.00 to record the Satisfactions of Lien.
Resolution 2006-128
7) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1996
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $40.00 to record the Satisfactions of Lien.
Resolution 2006-129
8) Recommendation to authorize the submittal of Alternative Water
Supply grant applications under Senate Bill 444 to the South Florida
Water Management District for each project in Public Utilities
Engineering Divisions Construction Capital Alternative Water Supply
Program.
Contracted via work order Camp Dresser & McKee, Inc.
9) Recommendation to approve change order to Work Order ABB-FT-
04-04 for the design of a building and environmental services to
Agnoli, Barber & Brundage, Inc., (ABB) in the amount of $86,000 for
the Master Pump Station on Immokalee Road Project 73153.
Page 14
May 23, 2006
At the Northeast Water Reclamation plant
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approve a
Fee Schedule for Fiscal Year 2006 for the Collier County Health
Department.
The Health Department provides approximately 326,000 services
annually to the residents of Collier County
2) Recommendation to authorize the after-the-fact approval of a
submission of an application for continued funding of $67,313 for the
first year of a three-year project for the Retired Seniors Volunteer
Program.
The program provides over 700 volunteers serving over 82
volunteer stations throughout the community
3) Recommendation that the Board of County Commissioners sign a
letter of intent to authorize the use of $144,305 from existing funds
associated with the Human Services Department FY 07 budget to be
used as the local match requirement to obtain state and federal
funding for the Horizons Primary Care Clinic in the Golden Gate area
for FY 07.
Located at 5262 Golden Gate Parkway
4) Recommendation to approve a purchase in the amount of$166,412
for sportsfield lighting from Musco Lighting.
For the development a new soccer field at the East Naples
Community Park
5) Recommendation to approve a purchase in the amount of$73,947.03
for bleachers from Seating Constructors USA.
Due to the destruction of bleachers caused by Hurricane Wilma
6) Recommendation to award Bid No. 06-3938 to Leo's Sod for
purchase and delivery of turf in an estimated fiscal year expenditure
of $100,000.
For the maintenance of parks and facilities
Page 15
May 23, 2006
7) Recommendation to approve termination of Cool Concessions, Inc.
Contract No. 97-2646 and approve an amendment to the Tigertai1
Beach Rental Contract No. 04-3618 to add additional services of
providing food and beverage concession.
New services provided by Recreation Facilities of America, Inc.
8) Recommendation to waive the formal bid process and authorize an
agreement with the Pepsi Cola Bottling Company of Naples for a
period of 18 months for beverage service for North Collier Regional
Park.
For service at the Sun-N-Fun Lagoon, the Soccer Complex and
the Softball Complex
9) Recommendation to authorize purchase of park fixtures for East
Naples Community Park in the amount of$28,774.15 from Swartz
Associates, Inc.
As Detailed in the Executive Summary
10) Recommendation to recognize the current and future revenues from a
lease agreement with Naples Zoo, Inc. and to appropriate these
revenues for development of Gordon River Greenway Park.
Located on 80 acres surrounding the zoo
11) Recommendation to approve a Summer Transportation Contract with
the School District of Collier County.
To provide transportation for recreation program participants
12) Recommendation to accept donated funds in the amount of $1 ,500.00
and approve a budget amendment recognizing revenue and
appropriating funds for Golden Gate Community Center.
Used for the Li'1 Gators preschool program
E. ADMINISTRATIVE SERVICES
1) Recommendation to confirm and consent to the re-assignment of
Contract No. 05-3831, FEMA Acceptable Monitoring for Disaster
Debris Management and Technical Assistance from R. W. Beck, Inc.
to Beck Disaster Recovery, Inc.
Due to the acquisition of R. W. Beck, Inc.
Page 16
May 23, 2006
2) Recommendation to approve Budget Amendments in amounts of
$225,000 for purchase of a fuel truck.
To refuel emergency generators throughout the County
3) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution # 2004-15 for the second quarter of
FY06.
4) Recommendation to approve a Budget Amendment for changes to
appropriations and associated revenues for operating and capital costs
in Fleet Management Fund (521) in the amount of$307,200.
For underground fuel tank replacement at the Immokalee
refueling site
5) Recommendation to approve a work order under contract #01-3291,
Construction Engineering Inspection Services, with CH2M Hill,
project 52533 Courthouse Annex, for construction inspection and
oversight services in the amount of $242,320.
Construction expected to be complete by the end of 2007
F. COUNTY MANAGER
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the 2006 Paradise Coast Sand Dollar
Awards and Collier County Tourism Week Luncheon Celebration and
is requesting reimbursement in the amount of$25.00, to be paid from
his travel budget.
Held at the Naples Grande Resort & Club on May 19, 2006
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Physician Led Access Network's
Page 17
May 23, 2006
(PLAN) Annual Board Meeting and is requesting reimbursement in
the amount of$25.00, to be paid from his travel budget.
Held May 8, 2006 at the Physicians Regional Medical Center
3) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the National Day of Prayer Breakfast in
Everglades City and is requesting reimbursement in the amount of
$10.00, to be paid from his travel budget.
Held May 4, 2006 at the Seafood Depot
4) Commissioner Fiala requests Board Approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Graduation Ceremonies of the Leadership Collier Class of 2006 on
Wednesday, May 10th, 2006 at the Naples Beach Hotel and Golf
Club; $50.00 to be paid from Commissioner Fiala's travel budget.
Located at 851 Gulf Shore Blvd. North
5) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Naples Chamber of Commerce "Wake
Up Naples" event on May 17,2006 and is requesting reimbursement
in the amount of $1 7.00, to be paid from his travel budget.
To hear Representative Dudley Goodlette speak on legislative
issues
6) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Marco Island Historical Society Salute to Founders Tea on May 21st,
2006, at the San Marco Church Assembly Hall; $25.00 to be paid
from Commissioner Fiala's travel budget.
At 851 San Marco Road, Marco Island, Florida
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence items to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
Page 18
May 23, 2006
1) Recommendation to approve a Resolution between the Board of
County Commissioners and Sprint Telephone Company of Florida.
(Continuation of911 Funding).
Resolution 2006-130
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approve a
resolution approving an amendment to the County Attorney Office
2006 Fiscal Year Pay and Classification Plan and the designation of
the classification of Managing Assistant County Attorney as Senior
Management Service Position for Florida Retirement System (FRS)
eligibility purposes.
Resolution 2006-131
2) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 26P in the lawsuit styled Board of County Commissioners v.
Collier HMA, Inc., et al., Case No. 06-0013-CA (CR 951 Water
Transmission Mains Project No. 70152). (Fiscal Impact $30,550.00)
3) Recommendation to approve a Stipulated Final Judgment for Parcel
Nos. 124 and 724 in the lawsuit styled Collier County v. Richard D.
Lyons as Trustee of Land Trust No. 11304, et al., Case No. 04-3779-
CA (Immokalee Road Project No. 66042). (Fiscal Impact $8,750.00)
4) Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Rose Somogi, for Parcels 123 and 823 in the Amount of
$30,500.00 in the Lawsuit Styled Collier County v. John J Yaklich, et
al., Case No. 03-2259-CA, Golden Gate Parkway Project #60027
(Fiscal Impact: $22,796.00 if offer is accepted).
5) Recommendation to authorize the County Attorney to file a lawsuit,
on behalf of the Collier County Board of Commissioners, against
Dillard Smith Construction Company and/or Florida Power & Light
Company, in the Twentieth Judicial Circuit in and for Collier County,
Florida, to recover repair costs incurred in the approximate amount of
$25,000.00.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
Page 19
May 23, 2006
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. This item was continued from the April 25~ 2006 Meetin2:. This item
reQuires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. 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 as well as amend the PUD document to bring it
into conformity with County requirements. Lely Barefoot Beach PUD
consist of 461.65 acres, Tract J 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, Florida.
Ordinance 2006-22
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: RZ-2005-AR-
8483, Michael Arbitman Trustee of Land Trust UAD represented by Laura
Spurgeon, of Johnson Engineering, Inc., requesting approval of a rezone
from the Agricultural (A) zoning district to the Commercial Professional and
General Office (C-l) 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 corner of the intersection of Livingston Road and Veterans
Memorial Boulevard, Section 13, Township 48 South, Range 25 East,
Collier County, Florida.
Ordinance 2006-23
18. ADJOURN
Page 20
May 23, 2006
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 23. 2006
Add Item #2B: April 25, 2006 - BCC/Regular Minutes. (Staff's request.)
Add Item #4E: Proclamation declaring May 28 - June 3, 2006 as National American Ex-POW's
Recognition Week to be accepted by Harold leavitt, Senior Vice Commander of the Collier
Chapter of American Ex Prisoners of War. (Staff's request.)
Item 8A: Page 1 under Considerations, 4th paragraph, lines 4 and 5, need to change the sentence
from "The proposed COD petition is requesting 600 single family and 600 multi-family dwelling
units." to "The proposed COD petition is requesting the establishment of a COD for 600 single
family and 600 multi-family dwelling units." (Commissioner Coyle's request.)
Add Item 90: This item to be heard at 10:00 a.m. Discussion regarding extending the May 1, 2006
deadline of Resolution 2005-382, (resolution in support of Hurricane Wilma relief and recovery
operations) adopted 4/0 by the Board of County Commissioners at the November 1, 2005 Board
meeting (rescheduled from October 25,2005). Resolution 2005-382 suspends the enforcement of
subsections 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, and 4.02.22.C.1 of the Collier County land
Development Code (Ordinance Number 04-41, as amended) relating to the prohibition of parking
of travel/recreational vehicles in the driveways of single family residences due to the extensive
damage caused by Hurricane Wilma. (Commissioner Coletta's request.)
Add Item 10G: Approve the submittal of a Volunteer Fire Assistance Matching (50/50) Grant
offered by the Florida Division of Forestry, and approve the necessary budget amendments to
recognize and appropriate revenue in the amount of $3,972.93. (Staff's request.)
Withdraw Item 12B: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the
Board of County Commissioners will meet in executive (closed attorney-client) session on
TUESDAY, May 23,2006, in the Commission conference room, 3rd Floor, W. Harmon Turning
Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition
to Board members, County Manager James Mudd, County Attorney David C. Weigel, Chief
Assistant County Attorney Michael W. Pettit and Assistant County Attorney Jacqueline Williams
Hubbard will be in attendance. The Board in executive session will discuss: Settlement and
strategy relating to litigation expenses in the pending litigation cases of Board of County
Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier
County, Florida Case Number 05-953-CA consolidated with Case No. 05-1506-CA and Dwight E.
Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier
County, Florida, as Ex-Officio Governing Board of The Ochopee Area Fire Control & Emergency
Medical Care Special Taxing District, A1KlA The Ochopee Fire District; Linda T. Swisher and Paul
W. Wilson Case No. 04-941-CA. (County Attorney's request.)
Move Item 16B13 to 101: Recommendation to approve an Agreement with Caribbean Venture of
Naples, llC providing for an easement over county property to construct a dual-purpose public
access road from the Golden Gate Parkway to the proposed county park and private
development. (Commissioner Coyle's request.)
Move Item 16C1 to 10H: Recommendation to award Work Order DCM-FT-3593-06-09 with Camp,
Dresser and McKee, Incorporated, for professional services for a Unified Water Use Permit
application and supporting documents in the amount of $159,619, Project Number 750005.
(Commissioner Fiala's request.)
Time Certain Items:
Item 12C be heard at 1 :00 p.m. For the Board of County Commissioners to Provide Direction to
the Office of the County Attorney as to any Settlement Proposal/Litigation Expense Issues in
Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the
Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-
1506-CA and Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County
Commissioners of Collier County, Florida, as Ex-Officio Governing Board of The Ochopee Area
Fire Control & Emergency Medical Care Special Taxing District, A1KlA The Ochopee Fire District;
Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA, now Pending in the Twentieth Judicial
Circuit in and for Collier County, Florida.
~t 4 A
(
PROCLAMA TION
WHEREAS, Governor Bush s Front Porch Florida Initiative was established in
J 999 with a grassroots, community driven approach focused on
rebuilding and revitalizing communities throughout the state of
Florida: and,
WHEREAS, a segment of South Immokalee was designated in 2002 as a
Front Porch Florida Community which entitles the community to
direct financial resources as well as training and technical
assistance through the Department of Community Affairs' Office
of Urban Opportunity: and,
WHEREAS, the designated community has a great need for enhanced access
to services related to housing, health, safety, education and
economic development opportunities: and,
WHEREAS, the governing authority for implementation of the Front Porch
Florida Initiative is the newly established Greater Immokalee
Southside Front Porch Community, Inc., a not-for-profit entity
organized specifically to administer the Front Porch Florida
Initiative within the scope of the Greater Immokalee Southside
Neighborhood Action Plan: and,
WHEREAS, this Community Unity Celebration is coordinated in support of the
Front Porch Florida Initiative in order to re-engage community
stakeholders in pursuit to revitalize, rebuild, re-establish and
reclaim the South Immokalee area.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that June 3, 2006 be designated as
SOUTH IMMOKALEE COMMUNITY UNITY DAY
DONE AND ORDERED THIS 23rd Day of May, 2006.
BOARD OF COl.lNTY COMMISSIONERS
COLLIER COl.lNTY, FLORIDA
" .......:.-""'.' ._, "," ,< /..r' _')
._--.:.:~_._,--,~-;;.c-~,=-_.--.~;;,..-- (' /'_//' ...~__._,._..",.:~ ~_
FRANK HALAS, CHAIRMAN
A TrEST:
PROCLAMA TION
48
,,.,i
WHEREAS, the National Association of Insurance Women (NAIW) (International) has
achieved an Illustrious record of professional achievement and dedicated
service to its clients and the nation and is deserving of public recognition and
commendation: and,
WHEREAS, insurance professionals throughout the United States and its Territories,
Canada, Africa, Bermuda, Australia, India, England, Tanzania, Kuwait, Russia
and Mongolia belong to NAIW (International): and,
WHEREAS, members work in every facet of the industry as agents for both property &
casualty and/or life & health, brokers, adjusters, underwriters, claims
professionals, risk managers, financial advisors, attorneys, certified public
accountants and information technology professionals: and,
WHEREAS, constantly creating goodwIll through integrity and dedication, the NAIW
(International) has grown remarkably since it was founded in 1940, with some
39 women representing 17 regional insurance clubs: and,
WHEREAS, the NAIW (International) is dedicated to the professional development of its
members and the insurance and risk management industries through innovative
education programs and meetings offered at the local, state and regional
levels: and,
WHEREAS, it is of the inestimable benefit to the members to be provided with the
opportunity to associate with other industry professionals, enabling them to
share solutions, problems, and experiences: thereby gaining better
understanding and also increase alliances: and,
WHEREAS, the NAIW (International) includes, within its Code of Ethics, the laudable
pledge of service that is honest, thorough, gracious, and professional and the
promise to perform in an honorable manner - noble words which are truly a
part of each members pursuit of their career.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that May 23-27, 2006, be designated as
Notional Association of Insurance Women Week
DONE AND ORDERED THIS 23rd Day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
CO/..I..IER COUNTY, FLORIDA
.~~-:;-,-",,::,_":_-
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FRANK HALAS, CHAIRMAN
PROCLAMA rION
Ir 4C
WHEREAS, airboating is a traditional form of family recreation in Florida:
and,
WHEREAS, because airboaters are adept at skimming through marshes,
around lakes and down rivers as well as through bogs and
swamps, they have become an invaluable ally of law enforcement
because they can provide the best means of search and rescue:
and,
WHEREAS, the airboater has learned through experience how to maneuver
through treacherous conditions and obstacles; and,
WHEREAS, air.boaters willingly assisted in the rescue efforts after Hurricane
Katrina; and,
WHEREAS, these volunteer airboaters endured polluted waters, life
threatening conditions, severe damage to their vessels, and
extreme physical hardship; and,
WHEREAS, the determInatIon and dedication of these indIviduals is an
example for all; and,
WHEREAS, these volunteer airboaters, as members of the Florida Airboat
Association, are engaged in creating an airboat rescue service
for the animals who also are victims of disasters like Hurricane
Katrina.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, we hereby commend and congratulate
the volunteer Florida airboaters who saved lives in the aftermath
of Hurricane Katrina and recognize their heroic efforts of these
selfless individuals.
DONE AND ORDERED THIS 23rd Day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~/---~-~ -/~7
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// /".~ /-
C=:~~~=::_--;;:=_~~)-i'/c_<';t__~_____. --
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FRANK HALAS, CHAIRMAN
ATTEST:
PROCLAMA rION
40
WHEREAS, the Friends of Barefoot Beach is a non-profit organization of over
400 families who are concerned about the preservation of the precious
marine and wetland environment, particularly at Barefoot Beach
Preserve County Park an"-
WHEREAS, the purpose of the Friends of Barefoot Beach is to preserve,
protect, and enhance natural features of the Preserve,' to foster
research and education endeavors at the Preserve; to secure
volunteers to assist the County at Barefoot Beach Preserve,' and to
distrIbute literature relating to the Preserve; an"-
WHEREAS, the Friends have developed and help maintain the Friends Learning
Center, the Saturday morning lecture series, the Saylor Nature
Trai1- osprey platforms, the aquatic butterfly garden the xeriscape
cactus garden a purple martin house, and other educational and
research activities at the Preserve in order to further their mission'
an"-
WHEREAS, since their inception in 199(J, the Friends have contrIbuted countless
hours of volunteer time, inexhaustIble energy, and generous funding
to enhance the Preserve and its programs.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida that esteem and gratitude is bestowed upon
the Friends of Barefoot Beach Preserve for their unfailing
dedication to Collier County's most precious natural beach area.
DONE AND ORDERED THIS 23rd Day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-~
- . -- ;r--- --_......,p""",.:,. ' .'- .-',.,...~~
I ,_~.
FRANK HALAS, CHAIRMAN
ATTEST:
4E
PROCLAMA rION
WHEREAS, ''Former Prisoners of War" are national heroes. Their service to our country
placed them in dire circumstances. They risked their lives for freedom and
justice. They answered the call to defend American ideals and some never
returned: ancJ,
WHEREAS, we recognize POWs for their courage and determination in the face of
hardships defying description. We will not forget them. We will never forget
what they sacrificed for our freedom: ancJ,
WHEREAS, years after the end of World War II, the Korean War, the Cold War and the
Vietnam War, approximately 88,000 veterans are still missing in action. Those
Americans dedicated their lives to protecting our freedoms. They will never be
forgotten: ancJ,
WHEREAS, to the families of MIAs, we share a commitment and determination to obtain
accountability for them, including repatriation, recovery and identification of
the remains of those who died: ancJ,
WHEREAS, the American Ex-Prisoners of War chapters devote their time and effort to
helping veterans get on with their life. .n. trtJuma they suffered was
overwhelming. n. bonds of friendship help them cope: ancJ,
WHEREAS, their purpose: 'We exist to help those who cannot help themselves':' ancJ,
WHEREAS, American Ex-POWs motto: "Non Solum Armis" Not by Arms alone: ancJ,
WHEREAS, the Daisy was chosen as a national symbol of all former POWs. The Military
Code of Conduct required that only name, rank and serial number were to be
voluntarily divulged to the enemy. American folklore has long deemed that
"daisies won't tell, " making it a tribute to the memory of those who have
endured the hardships of captivity in silence: ancJ,
WHEREAS, Collier County is proud and honored to be the host of the American Ex-
Prisoners of War, /)epartlnsnt of Florida, 2r Annual Convention, June 1-4,
2006.
NOW THEREFORE- be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of May 28 - June 3, 2006, be
designated as
National American Ex-POWs Recognition Week
DONE AND ORDERED THIS 23rd Day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
?
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FRANK HALAS, CHAIRMAN
A TrEST:
~l'77-' 'b
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DWIGH 'E. BROCK, CLERK
Trern f&?B
G/Ool Dfe, -- Ce..
- Naples, Florida Office --
Licensed, Insured, and Bonded
Member of:
_'VISA/ ..
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~ ~5 the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
t. natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
...sl We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
~ help alleviate this problem thus preventing POSSi~IY larger loss of life. .
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
,--.:hrough the numbers or web address below. We appredate your assistance in finding a creative solution.
Marda is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
www.UbertyHomeAndPetServices.com 7508 Firenze Lane, Naples, FL 34114 TEL(239)-580-D300, FAX(239)-580-0301
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a.s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger [055 of life.
-
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
_'.'1','''''''''' iNii'J :[1)11 ["'.:oW I~....,~ .."j[I[:.t-"'Jl(e{.] I.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog)" Rusty (tabby cat), and Roxi (Russian Blue)
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.. e -. found 0IIfl1$Ive$ : ttl8Ir homOS. ~ tho coontY il$S
.. ... haVe to l'!Vlll>2 munltY,
. cgomtv, , IS refuSe of our CX>m
,/"- eoIcIOnlS of ~It, some ~ and 1t1ei' pelS loSS of life.
;A!l tho, . ..... As a res ... the re;Iden _1bIy Illrget'
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~f!lOu I1a1/e <lU<l5tions or """"-, IlIease fileI f'r&e ID <ontact MarcIa 1:. Ilr8iIhBupt of LIbettii Horne And Pet Sen.ices
{1rougt, the IlIlInbers or -add..... below. lYe a~ you, assistallQ! In finding a <reoli>e ""1IlIon.
~ Is lie ""- -- '" IfDsI (S/or,ti, & ~ ~ ~ Iiusty (IabOy <<r(j. _ f/QJtj rRussiaq 8/u;J)
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As the residents of Collier County. we have found ourselves concerned with the lack of shelters for our pets during a
c;::O...' . natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
'-5 We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
1 help alleviate this problem thus preventing possibly larger loss of life.
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U you have questions or comments} please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
.hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
.','i \lj '!'III" am lI,,'; Ii ltlliI.:.1..:'1"jy; 1:t::1 t'''!":'1'i."''1 fa{=+, 1It 1[.) 'I
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County. we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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lf you have q esti s or comments, please feel free to contact Marda E. BrEtthaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, plating them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
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Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County. we have found ourselves concerned with the lack of shelters for our pets during a
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We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing fadlities to
help alleviate this problem thus preventing possibly larger loss of life.
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{f you have questions or comments, please feel free to contact Marda E. Breithaupt of Liberty Home And Pet Services
.hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
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Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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10 ,---. natural disaster. As a result, some residents rE:fuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents an:i their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Marcia is the Proud owner of Rosi (She/tie & .'~?gistered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
www.LibertyHomeAndPetservices.com 75
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
.....
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25
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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~ A.s the residents of Collier County. we have 'bund ourselves concerned with the lack of shelters for our pets during a
Q "---" natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
~ We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
~ help alleviate this problem thus preventing po:;;sibly larger loss of life.
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Marcia is the Proud owner of Rosi (She/tie & ,I~egistered Therapy Dog), Rusty (tabby catJ and Roxi (Russian Blue)
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www.LibertyHomeAndPetServices.com 7
Firenze lane, Naples, Fl 34114 TEL(239}-S80-0300, FAX(239)-5SO-0301
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fa 0 the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet SeNices via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetSeNices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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15
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25
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
5
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
ii~rn (pI' 5la?JtID~tf2..
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Tf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Servkes
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
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Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Oog)/ Rusty (tabby cat)/ and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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(~~asfree( ~r~~1 t~1 coJ~ ihiS petiti~in ~n; fo;~ar~ ~~~I ~t~~~s. Once completed, -Please~~~x t~_~k~i~umb~r~f6~ f
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
ikm IP8 5!a.3lCfe, -C12-
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a,hreative ~Iution.
4
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
/ fcWl {s)1J 5Ia!!'Ja:,~
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in,fJ~ding ~~~~~~t!'..'~H~_~~tio~:
NArv1l (print) A [)[)/,r Ss f'flONI # SIGNA 1 Uf,l
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
liern ~B st(J3ICh~
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creativ;; solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you ~ve questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
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Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home Ancjlj~Ser\7ices
through the numbers or web address below. We appreciate your assistance in finding a creative solut~n.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian B/ue)
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~s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life
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If you have ~q~esti6ns or corrm,ents, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or we5--address below, We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
__,_~........_._,.,~~~,,__A_".
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions' or comments, please feel free to contact M cia E. Breithaupt of Liberty Hom :A.nd Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby catJ and Roxi (Russian B/ue)
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A.s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Tf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
,hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian B/ue)
l fm-, IRI3 9a-alCJ4 ,.; CI2-
\s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
:hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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,A.s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life,
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If you have questions or comtflents, please feel free to co~tact Marcia ~. Breit~aupt ~f Liberty ~ome An~et ices"
through the numbers or web address below. We appreciate your assistance In finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian B/ue)
I 'fern tog 57 aalo~ - CfL.
l1.i~.~!!Y
As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questidns or c~ments, please feel Tr~ 'to Cbntacfr" arcia E. Breithaupt of Liberty Hom And Pel Sfivicfff'
through the numbers or web address below. We appreciate your assistance in finding a creative solution. V
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Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Oog)/ Rusty (tabby can and Roxi (Russian B/ue)
i6ert
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As the residents of Collier County. we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions 0r comments, please feel free to contact Marcia E, Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
ikrnllB S/d3/~-(J2
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
2
3
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24
25
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
/frrnld3 51a~o(,,~e.
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
(.
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
i-/z1Y1 ld3 S1oa/~-~
.-/'V'
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
1
2
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"V
I
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
,~
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
1
2
3
4
5
6
7
8
9
10
11
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15
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:c":;.f
Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
ifan tag 570~/()Ip-~fL
!ti~.~rty
As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Tf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
)uough the numbers or web address below. We appreciate your assistance in finding a creative solution.
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Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby can and Roxi (Russian B/ue)
j f~ m {pO 51 d?ifk; ~ tZ...-
k..~~.~r;,!JJ
.\S the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
/ rctvl {Pia 51'"i?J/t)(erC1l-
fti~.~r!Y
A.s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
NAMI (lm,'I) i\DDI'1 :,', I'IIIINI 1/ ',I',t",llIl<[
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1f you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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\s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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lf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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\s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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25
If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
i 'km ~16 fl;Jala:, ee
As the residents of Collier County, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, placing them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the numbers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
i fan fol!J 51891 ti:rClL.
bie.!-.!f.Y
As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
lfan u8 ?/o~uP-tt1-
It.~e.~!rty
As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Tf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
i ft7n Id3 sJaalCh-(4
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As the residents of Collier Countv, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
,hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
I f~ f.b8 51 ()a~ - elL
k..~e.~r!Y
As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi {She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian Blue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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Tf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
.hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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As the residents of Colliel" COIl~~1ty, we have found ourselves concerned with the lack of pet friendly hurricane
shelters for our pets during a natural disaster. As a result of not being able to take their pets with them, some
residents refuse to evacuate their homes, pladng them and their pets in harms way. We request, for the safety
of the residents and their pets of our community, that the county assist in providing facilities that are friendly to
pets thus preventing possibly a larger loss of life. We appreciate your assistance in finding a creative solution.
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Please feel free to copy this petition and forward to others. Once completed, please fax to the number below
and we will gather and forward all materials to the county officials and post feedback on our website when
available. If you have questions or comments, please feel free to contact Marcia Breithaupt of Liberty Home
And Pet Services via the num bers below or on E-Mail viaMarcia@LibertyHomeAndPetServices.com ,
Marcia is the Proud owner of Rosi (Sheltie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian Blue)
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\s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a resultr some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
.hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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D.s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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25
U you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
_hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Oog)/ Rusty (tabby cat)/ and Roxi (Russian B/ue)
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As the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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rf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
~hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
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\s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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25
Tf you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
.hrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian B/ue)
ltie.l:!iY
6.s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
chrough the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (tabby cat), and Roxi (Russian B/ue)
/fc-rn I.oa ~~~-(fL
\s the residents of Collier County, we have found ourselves concerned with the lack of shelters for our pets during a
natural disaster. As a result, some residents refuse to evacuate their homes, placing them and their pets in harms way.
We request, for the safety of the residents and their pets of our community, that the county assist in providing facilities to
help alleviate this problem thus preventing possibly larger loss of life.
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If you have questions or comments, please feel free to contact Marcia E. Breithaupt of Liberty Home And Pet Services
through the numbers or web address below. We appreciate your assistance in finding a creative solution.
Marcia is the Proud owner of Rosi (She/tie & Registered Therapy Dog), Rusty (tabby cat), and Roxi (Russian B/ue)
/faYJ!R1d SO?; I~-~
v.HUKKllANt WILMA: AI- I tK I HE STORM
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Irk Brouilletta, right, tries to sleep.:Cheri Lee spends time with her special needs dog, Snuggles. inside the Red Cross shelter at the Bonh Springs
creational Center on Tuesday. Lee, wlto suffers from multiple sclerosis, has been in the shelter since it opened two weeks ago. She previo~y was
ing ip her car in Cape Coral before Hurricane Wilma struck Southwest Florida, and is unsure of where she will go next. Lexey Swall/Staff
The
Sheltered life
Homeless. Living on floors~ Wilma vidims growing weary.
MEUSSA CASsurr
lcassutt@bonitanews.com
guess you never say never."
'Lee was living out of her car on and off for about
a month before the hurricane struck. Now,
more than two weeks after the storm, she's
stranded with 33 other people still sleeping at
the Bonita Springs Recreation Center.
And although in many ways she can't relate
to her new roommates, she does have something
in common with everyone there - she doesn't
know where to go from here.
Skyrocketing rent is what shoved her out of
New York, and the living situation she had
:heri Lee is not a hurricane victim. .
ler roof didn't fiy into the wind; her car-
i didn't peel away from her house. She does-
have kids to find clothes for or a husband out
Nork. But that doesn't make her situation any
jer.
1 was sle~ping in my car in church parking
;," Lee said; "1 never ever thought at 52 years
ouId be in this situation. Never, ever. But I
arranged in Florida fell though. hrspecial
needs dog, Snuggles. keeps her 01; f most
shelters. She's trying to find a place v\re she
can make ends meet on less than $60fl21onth,
but cheap housing is scarce, especially touth-
west Florida.
She's also not eligible for American Rerr
funding, FEMA funding, or funding from
vation Anny. Shelters turn her away bean'
gles isn't a seeing-eye dog; Snuggle'
c
;;;i~~:l;~-#t>>1(Pf3 g o-~Oh-ct2-
1m rehab
,~........... ...... ... ........ ...... .... ...." ~.. .... ..~............ .H.......U.UU....................U................. ....U.. .........< ....... .". -. #. T' .,. ..."... ...... ....,.-. ...........
IDOJm
lOlTO 2-3-1S.21-36-3!
__.U9.'i.S Wumers I'a.m-
6-digit 0 $0
S-digit 80 $4,922
4-digit 4,574 $69.50
3-digit 93,917 $4,50
FANTASY 5 9-11-25-28-3:
...JWV~ payout
5-digIt 1 $205,125
4-digit 299 $110
3-digIt 8,488 $10,50
MEGAMONEY 3+22.28+1!
Nov. 4 Winner$ ~
4+MB 0 . so
4 of 4 10 $2.582.50
3 of 4+MB 92 $613.50
3 of4 1,829 $92
2 of 4+MB 2.521 $47
2 of 4 20.326 $6
') - Kate Moss
: after checking
lla rehabilitation
'~ate looks absolutely fantas-
ticShe is confident and stylish
an she works well with the Cav-
allook. She is back working and
ding what she does best and.
Ue usual, she was really profes-
$)nal." Cavalli said.
d British super-
The Meadows
,oenix after pho-
IWing her snort-
e published in a
in September.
nic in late Octo-
iudson suing over photos
LONDON CAP) - Kate Hud-
son has
launched legal
action over pho-
tos she claims
wrongly por-
trayed her as
having an eating
disorder; her
lawyers said.
Hudson asked
'0 days on the
f Ibiza last wee1
Jot for RobertI
,tatement issuel
~ her LondO!
Hudson
,
r.l/
~;i'
the London law fIrm Schillings to
take action on images she said
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n
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November 9 -13
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Most were moved from Germain Arena
BY CHRISTINA CEPERO
ccepero@news-press.com
At least 68 people are calling the gymnasium at the
Bonita Springs Recreation Center home indefmitely.
The American Red Cross opened one long-term
shelter in Lee County at the rec center Wednesday
afternoon for people who cannot go back to their
homes.
Most of the people came from Germain Arena in
Estero, including Cecilia Sanchez, her husband, five
children, mother-in-law and father-in-law:
Sanchez, 28, has no water at her trailer at Manna
Christian RV Park off Bonita Beach Road.
Her in-laws' trailer at Manna Christian was more
damaged, and Sanchez said FEMA officials told them it
was not stable enough for them to stay there.
Andrew Cooley, 51, also arrived at the recreation
center Wednesday. His Cape Coral duplex is flooded
"Monday I'm going to have to make a decision about
my next move," said Cooley; who spent the storm at
Dunbar High School and was then bused to Germain
Arena Monday afternoon.
He will return to the duplex he was renting if it is sal-
vageable, and if it is not or if it is going to take too long
to fix, he plans to look for another place to live.
He said he had never been to Bonita before,
"I'm very curious about taking a walk and seeing
what's out there."
Cheri Lee and Snuggles Marie Lee, her 39-pound
black lab-dalmatian, have nowhere else to go.
Lee, 52, who has multiple sclerosis, said she began
living in her minivan last Wednesday before WIlma
came. She had moved to Florida from New York in
August and stayed with acquaintances in Tampa and
then Cape Coral until one of her landlords said he was
allergic to her dog.
She said she rode out Wilma at the Stars Complex in
Fort Myers after being rejected from numerous shel-
ters because she had a service dog but is not legally
blind Snuggles, who turns 5 on Dee, 5, helps her walk
and get up.
"She's not just my pet She's my protector. She's what
keeps me going. She's my lifeline."
Lee drove to Germain Arena on Monday afternoon
and stayed there until it closed Wednesday. Now she's at
. See SHELTERS 2
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BONITANEWS.COM
Sheltered lives
Bonita Springs Recreation Center still home to some
By Melissa Cassutt
Wednesday, November 9,2005
Cheri Lee is not a hurricane victim.
Her roof didn't fly into the wind; her carport didn't peel away from her house. She doesn't have kids to find
clothes for or a husband out of work. But that doesn't make her situation any easier.
"I was sleeping in my car in church parking lots," Lee said. "I never ever thought at 52 years I would be in this
situation. Never, ever. But I guess you never say never."
Lee was living out of her car on and off for about a month before the hurricane struck. Now, more than two
weeks after the storm, she's stranded with 33 other people still sleeping at the Bonita Springs Recreation Center.
And although in many ways she can't relate to her new roommates, she does have something in common with
everyone there - she doesn't know where to go from here.
Skyrocketing rent is what shoved her out of New York, and the living situation sQ,e .had arranged in Florida fell
though. Her special needs dog, Snuggles, keeps her out of most shelters. She's trying to find a place where she
can make ends meet on less than $600 a month, but cheap housing is scarce, especially in Southwest Florida.
She's also not eligible for American Red Cross funding, FEMA funding, or funding from the Salvation Army.
Shelters turn her away because Snuggles isn't a seeing-eye dog; Snuggles is around to make sure Lee keeps her
feet underneath her. Lee has multiple sclerosis.
"She's the only reason _ I swear - that I'm alive," Lee said. "We keep each other going. She's my breath of air
every time I turn around."
Although the Red Cross may not be able to provide disaster relief funding, it does have a policy of keeping the
doors open to everyone, which means the shelter will be open until everyone finds a place to live.
"Our job is to get them back on their feet and get them back on with their lives," said shelter manager Tim
Slattery. "The process of doing it and what we have to go through takes time."
Until then, the Red Cross will continue to provide three meals a day, snacks, water and a place to sleep and
shower. The shelter, which is half as full as it was a little more than a week ago, is slowly making progress
getting people off the gym floor and on their way.
"The people are getting edgy," Slattery said. "Any of us would get cranky and irritable. We have some that are
trying to get back in the work force so they can get money and get back on their feet. But not having a
(permanent) place to stay - it's aggravating for them."
Angry grumbling can be heard about everything - that FEMA money isn't coming through, that there isn't
SHELTER
. Continued from AI
hurricane victim.
The Red Cross Lee County
chapter decided Thursday that
those who cannot prove they lost
their housing because of WIlma
must leave today.
"1 didn't know the house was
condemned," said Bright, 48. "I
just don't know where to try to
move to now."
Red Cross volunteer and shel-
ter manager Tim Slattery said:
"TIus is not made to be a home-
less shelter."
"Right now we're slimming
down the population to people
who really have home damage."
As of this morning, 44 people
- about a fourth of them chil-
dren including a 7-week-old baby
- are staying at the shelter, down
from about 70 when it fIrst
opened Oct. 26.
Red Cross volunteers took
everyone's name and physical
address to verify by inspecting,
talking to landlords and real
estate agents that they had homes
that are uninhabitable because of
damage caused when Wllma.
The Red Cross will provide a
bus this afternoon for those who
/km(Pf3 S7(YOlbpc"
have to leave but have no trans- He said a tree fell on his Boni-
portation. ta Springs recreational vehicle
'We encourage them.to look at and it got waterlogged, but it was
those resources in the communi- hauled of[
ty" such as homeless shelters, Cheri Lee, 52, didn't have a
said Heidi Ruster, a spokes- home at all She began living in
woman for the Red Cross Lee her blue minivan a couple of days
County chapter. before WIlma arrived and will
Everyone else will be able to have to go back to it now.
stay at the recreation center's dis- Lee fears she may be turned
aster shelter until it closes Noy. away from shelters because of
18. her special-needs dog.
'We're going to try our best to She has multiple sclerosis and
determine temporary locations uses Snuggles Marie Lee, her 39-
for all these individuals:' Ruster pound black lab-Dalmatian, to
said. help her get up and walk.
"If that can't be determined, Lee, who is unemployed,
then we'll continue keeping it hopes to fmd a shelter or place
open if there's still a need." with extremely reduced rent on
Or, people may be transported the state's east coast.
to a Red Cross shelter in another "There's got to be hope some-
county. where," she said.
'There is some possIbility of Mark Brouillette, 38, whose
trailers coming" from FEMA, rented duplex in south Fort
Ruster said. Myers got flood damage, is
'We're in the process of help- allowed to stay at the shelter.
ing to determine locations for But he's not going to stay. He's
those trailers. Thafs kind of the going with Lee. "fm going to go
last resort. with her so she's not alone," he
'The best thing is for these said.
individuals to fmd a more long- Mike Pagnotti, a Red Cross
term solution for their housing," ~ volunteer and shelter manager,
she said. wishes there was something he
William Doyle, 63, thinks he's cou!p do.
going to have to stay in his red "Right now it's a very difficult
pickup truck starting this after- situation for the people:' he said.
noon.
/krn {o/a Sl~altJ/P-CfL.
- ---~._-.._--_..~--,_..._--~_._..__._.__._---_._--_.._-"--^-,~._,-------~-
A message from Sarasota County:
Shelter openings may vary with each emergency. Stay tuned to local media for a listing of which
shelters will be opened for an event. Do not go to the shelter until local officials announce through the
media that the shelter is open. Shelter openings will differ by size and intensity of a disaster.
Sarasota county phases in shelter openings when an emergency threatens our community. We use a
geographically tiered approach in order to effectively and efficiently manage disaster resources and to
keep pace with the public safety demand. As tier #1 opens, tier #2 is placed on stand-by. The following
tiers are opened as each tier begins to reach capacity, As shelters open or reach capacity the most
current information will be made available to news media,
I ...._~---_._--_._,.
I Dog/Cat
Tier# i Shelter Name Area Address
I Friendly?
I Brookside M iddi;--- North
1 School
Tuttle Elementary North No
School
North Port High South Yes
School
-~---~.~-~~_.~_......
Gulf Gate Elementary North 6500 Lockwood Ridge Road No
School
North Port Heron South West Price Blvd, Yes
Creek
Sarasota High School North 1000 South School Avenue No
North Port Cranberry South 2775 Shalimar Terrace No
Elementary
Lakeview Elementary Stage 4 7299 Proctor Road No
School Countywide
---_._-~-_._------
4 Sarasota Middle Stage 4 4826 Ashton Road Yes
School Countywide
"_._~._-------~---~----
4 Ashton Elementary Stage 4 5191 Ashton Road No
Countywide
4 North Port Glenallen Stage 4 7050 Glenallen Blvd. No
Elementary Countywide
4 Booker Middle Stage 4 2250 Myrtle Street Yes
Schoo I Countywide
---~-,----,-'---'--'--"--'---
4 IVenice Area Middle Central 1900 Center Road Yes
! School
I
Laurel Middle School Stage 4 1900 East Laurel Road Yes
Countywide
r--~_~__'_~____M_'___'______"____'__
4 The Tabernacle Stage 4 DeSoto Road No
Countywide
4 Booker High School Stage 4 3201 North Orange Ave, Yes
Countywide
---... ..__.....__._~_.__._._---_._"----_..,. ~_._-_.__. .-
4 Emma Booker Stage 4 2350 Martin Luther King Jr. way No
Elementary Countywide
/ tan ~ 51 ?J3fXi:, -62-
Appendix 1. PET IDENTIFICATION FORM
Owner's name
Phone #: Home:
Address:
Designated Emergency Pet Guardian:
Home # Cell #
Cell:
Wk:
Work #
Email address
Address
Pet's name: ? Dog? Cat? Other
Breed Sex: ? Male? Female Age:
Spayed/Neutered: ? Yes ? No County Tag ID:
ID Microchip: ? Yes ? No If yes. Microchip #:
Weight Height Eye color Tail
Hair color Hair length
Veterinarian office:
Vet's name:
Date of last vaccinations
Any medical conditions/allergies?
Any special medications?
General disposition
Is your pet good around children? ? Yes
Is our et ood around do s? ? Yes ?
Is our et ood around cats? ? Yes ?
Specific identifying marks and/or features
that would hel to ID our et:
Phone #
? No
No
No
List of eo Ie who could identi
1. Name
Phone
2. Name
Phone
Notes
Staple"gllle or tape
a recent photo of your pet
here
15
f fefY7 (PI] 5l()a1Ob -('Q
ftjP.!!!JJ
Hurricane Awareness for Pets and Their Families
DATE: May 1,2006
Be Prepared
Hurricanes, floods, wildfires and other national disasters can strike anytime, anywhere. It is very important that you
make preparations well in advance and the whole family is aware of what to do if a disaster strikes. In the event of a
disaster, proper preparation will payoff with the safety of your family and pets.
The first thing you want to do is develop an emergency plan. When developing your family plan add specific plans for
your pets. Assign each family member a pet to locate and care for. Decide where you will be going and pick a meeting
place for your family in case of separation. Think of whOJOU can call outside your area. An out-of-state contact can be
helpful if communications are down in a disaster zone an let them know your disaster plan and where your family would
go if evacuated. The best emergency plans include many people and systems that can back each other up. Please
include family, friends, neighbors, your veterinarian and pet sitter. It is always good to contact hotels and motels to
check who accepts pets. Build a phone tree. One person phones two people to see if they need help. These two people
each phone two more and so on.
If You Evacuate, take your pets with you. Animals left behind can easily be injured, lost or killed. Animals left in a
house can escape through broken windows or storm-damaged areas and if turned loose are left to fend for themselves
which could be fatal. Find your pet relocation options. Contact your veterinarian and pet sitter to help you. They are
going to be your best resource for your pet's safety.
If You Don't Evacuate, identify a safe area in your home. Keep all dogs on leashes and cats in carriers to ensure
their location. Also make sure they have on 10 tags and have your pet disaster kit with them. Let your emergency
contacts know you will be in your home and let them know where your safe room is.
If You Are Out of Town, check with your pet sitter to see what their emergency plan is for your pet. Most sitters
already have emergency plans in place. Make sure you have your pet's disaster kit ready and let the sitter know exactly
where it is. Make sure the sitter has all your emergency information as well as your emergency contacts in the case you
are not reachable they can let someone know your pet is safe. Your pet sitter is your most valuable resource in
emergency situations. The sitter can secure your home and let your neighbors know where your pets will be. Most
sitters keep keys to their clients' homes so if you are not traveling but can not get to your home due to work or road
conditions your pet sitter may be able to secure your pets when you can not.
Disaster SupDlv Kit
Prepare a list for each pet. Kits should be easily retrieved and kept in a water tight container. Rotate all foods into use,
and replace with fresh food every two months. Kit should include the following:
o Crate or carrier for each pet large enough to turn around in, and cat carriers large enough for a small litter box.
o Collars and leashes for all pets (including cats) with 10 and rabies tags on all collars.
o Vaccination records and current picture of each pet.
o Three week supply of each pets medications.
o Sedatives for pets that frighten easily.
o Disposable litter boxes with extra cat litter.
o Plastic bags, paper towels and cleaning supplies.
o Three week supply of food and drinking water for each pet.
o Manual can opener and food and water bowls for each pet.
o Toys or blankets your pet will find familiar.
o Towels and grooming items.
o Detailed instructions for animal care and rescue workers.
o Copy of emergency numbers and family evacuation plan.
o Copy of veterinarians information.
o Flashlight and batteries.
o Pet first aid kit including bandaging material, antiseptic ointment, alcohol, gloves, tweezers, muzzle and gauze.
Marcia Breithaupt, Owner
Liberty Home And Pet Services
(239) 784-8804
www.LibertyHomeAndPetServices.com
Providing Professional Care For Your Pet While You Are Away!
Proud owner of Rosi (She/tie & Registered Therapy DogJ Rusty (Tabby), and Roxi (Russian B/ue)
www.LibertyHomeAndPetServices.com 7508 Firenze Lane, Naples, FL 34113 TEL(239)-784-8804, FAX(239)-580-0301
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
SA
,..,.,'" ..
. "It,
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
(Display Adv., location, etc.)
X Other: See Attached
**********************************************************************************************************
Originating Dept/ Div: Comm.Dev.Serv.lComprehensive Planning
Person: Marcia R.KendaU
Date: 4/14/2006
Petition No. (If none, give brief description): Parklands Collier (CDD) Community Development District
Petitioner: (Name & Address): Mr. James M. Reinders, Vice President, Parklands Development Limited Partnership, by Ronto
Development Parklands, Inc. a Florida Corporation, a general partner.
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) NtA
Hearing before XXX BCC
BZA
Other
Requested Hearing date: Mav 13. 1006. Based on advertisement appearing FOUR consecutive Sundays, prior to the BCC Hearing.
Newspaper(s) to be used: (Complete only ifimportant):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: Nt A
Does Petition Fee include advertising cost? X Yes
111-138317-649110-00000
~
Departmen Director
o No If Yes, what account should be charged for advertising costs:
Approved by:
~,.IO-f)b
Date
County Manager
Date
List Attachments: BCC Advertisement Request, Ordinance and Advertisement requirements.
DISTRIBUTION INSTRUCTIONS
A. For bearings before BeC 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. Tbe 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 U~Y: t;
Date Received: '-I I-::f- Oeo Date of Public hearing: ~ &Jt:;)b
8 A ,~~~
May 23, 2006 Board of County Commissioners Public Hearing
Advertisina Reauirements
Please publish the following Advertisement and Map on four (4) consecutive
Sundays, on April 23, April 30, 2006, May 7, and May 14, 2006, and furnish an
affidavit of publication to both the Board Minutes & Records Department and to
Ms. Marcia Kendall, Comprehensive Planning Department, 2800 North
Horseshoe Drive, Naples, Florida 34104. Each advertisement must be a
quarter page advertisement and the headline in the advertisement must be in a
type no smaller than 18 point. The advertisements must not be placed in that
portion of the newspaper where legal notices and classified advertisements
appear.
8A
""',, ,
NOTICE OF PUBLIC HEARING AND INTENT TO CONSIIiER ORDINANCE
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING PARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR SPECIAL
COMMITMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3rd Floor Administration Building (Bldg. "F") Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, May 23, 2006.
The subject of the Public Hearing is consideration by the Board of a petition filed by Parklands
Development Limited Partnership, for the establishment of a Community Development District
(CDD) form of special purpose local government to be known as Parklands Collier CDD by
adoption of the above-stated Collier County Ordinance pursuant to Section 190,005(2), Florida
Statutes. The district government would serve an area of land in Collier County generally
described as follows:
The proposed District is located entirely within Collier County,
Florida in the area east of Quail West PUD, and south along Lee
County Line, The proposed district covers approximately
622.48+/- acres of land. The site is located in Sections 9,
Township 48 South, Range 26 East, as depicted below.
[Insert Location Map Here]
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
I
On March 24, 2006, James M. Reinders, Vice President, Ronto Developments Parklands, Inc.,
a Florida Corporation, as a General Partner of Parklands Development Limited Partnership,
officially submitted and filed its CDD petition to Collier County, amending and restating, in it's
entirety, its CDD petition that was originally submitted on March 15, 2005 along with the
application-processing fee of $15,000.00 for review by the County.
The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b) and (c),
Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider
the relationship of the petition as submitted, to the six factors listed in Section 190.005(1 )(e),
Florida Statutes, and determine whether Collier County will establish Parklands Collier
Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541, Florida Statutes, including an explanation of its
FTL:1704846:1
1
8A
computations and determinations, is available for review, along with.e copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
April 23 and 30, 2006, May 7, and 14, 2006
Parklands Collier Community Development District
James M. Reinders, Vice President
Ronto Developments Parklands, Inc.,
A Florida Corporation, as a General Partner of
Parklands Development Limited Partnership
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Heidi R. Rockhold, Deputy Clerk
FTL:1704846:1
2
LEE COUNTY
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ORDINANCE 2006 -_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING PARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE
EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING
THE INITIAL MEMBERS OF THE DISTRICT'S BOARD
OF SUPERVISORS; NAMING THE DISTRICT;
PROVIDING STATUTORY PROVISIONS GOVERNING
THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Recitals
WHEREAS, Parklands Development Limited Partnership, a Delaware limited
partnership, has petitioned the Board of County Commissioners (Board) of Collier County,
Florida, a political subdivision of the State of Florida, to establish the P ARKLANDS COLLIER
COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board, after proper published notice, has conducted a public hearing on
the petition and determined the following with respect to the factors to be considered in Section
190.005(1)(e) Florida Statutes, as required by Section 190,005(2)(c), Florida Statutes:
1. All statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable element or
portion of the local comprehensive plan of Collier County, known as the Collier County
Growth Management Plan, or the State Comprehensive Plan,
3. The area of land within the proposed District is of sufficient size, is sufficiently compact,
and is sufficiently contiguous to be developable as one functional interrelated
community.
4. The District is the best alternative available for delivering community development
services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District IS amenable to separate special-district
government; and
WHEREAS, Petitioner has committed to the Board that the Petitioner, its successors and
assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at
such time as residents begin occupying homes in the District, and (2) record a Notice of
Assessments containing the specific terms and conditions of any special assessments imposed to
secure bonds issued by the District, which notice shall be recorded immediately after any such
bond issuance (these commitments shall hereinafter be collectively referred to as "Petitioner's
Commitments"); and
WHEREAS, it is the policy of this State, as provided for in Section 190,002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
Page I of 4
8A
policies governing planning and permitting of the development to be" serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE PARKLANDS
COMMUNITY DEVELOPMENT DISTRICT.
COLLIER
The Parklands Collier Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1, Karen Welks
401 Pheasant Court
Marco Island, Florida 34145
4.
J ames Reinders
5180 Old Gallows Way
Naples, Florida 34105
2,
Kathy Miller
124 Tahita Street
Naples, Florida 34113
5.
Ken Bloom
1517 Ivy Gate Lane
Naples, Florida 34105
3. Pat Vavrek
20741 Rivers Ford Road
Estero, Florida 33928
Page 2 of 4
8A
y v:-:J
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Parklands Collier Community Development District."
SECTION FIVE:
STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Parklands Collier Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local law .
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Parklands Collier Community
Development District will be duly and legally authorized to exist and exercise all of its general
powers as limited by law; and has the right to seek consent from the Collier County Board of
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its general powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: 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 portion.
Page 3 of 4
8A
.~
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRANK HALAS, CHAIRMAN
By:
Page 4 of 4
,~ 8 A
April 18, 2006
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Parklands Collier CDD (Display Ad wi Map)
Dear Legals:
Please advertise the above referenced notice on the following dates: Sunday, April
23,2006; Sunday, April 30, 2006; Sunday, May 7, 2006 and Sunday, May 14,
2006 and kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard
Deputy Clerk
P.O./Account # 111-138317-649110
May 23, 2006 Board of County Commissioners Public Hearing
Advertisina ReQuirements
Please publish the following Advertisement and Map on four (4) consecutive
Sundays, on April 23, April 30, 2006, May 7, and May 14, 2006, and furnish an
affidavit of publication to both the Board Minutes & Records Department and to
Ms. Marcia Kendall, Comprehensive Planning Department, 2800 North
Horseshoe Drive, Naples, Florida 34104. Each advertisement must be a
quarter page advertisement and the headline in the advertisement must be in a
type no smaller than 18 point. The advertisements must not be placed in that
portion of the newspaper where legal notices and classified advertisements
appear.
r 8 A
8A
NOTICE OF PUBLIC HEARING AND INTENT TO CONSIDER ORDINANCE
ORDINANCE NO. 06-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING PARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR SPECIAL
COMMITMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3rd Floor Administration Building (Bldg. "F") Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, May 23, 2006.
The subject of the Public Hearing is consideration by the Board of a petition filed by Parklands
Development Limited Partnership, for the establishment of a Community Development District
(CD D) form of special purpose local government to be known as Parklands Collier CDD by
adoption of the above-stated Collier County Ordinance pursuant to Section 190.005(2), Florida
Statutes. The district government would serve an area of land in Collier County generally
described as follows:
The proposed District is located entirely within Collier County,
Florida in the area east of Quail West PUD, and south along Lee
County Line. The proposed district covers approximately
622.48+/- acres of land, The site is located in Sections 9,
Township 48 South, Range 26 East, as depicted below,
[Insert Location Map Here]
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On March 24, 2006, James M. Reinders, Vice President, Ronto Developments Parklands, Inc.,
a Florida Corporation, as a General Partner of Parklands Development Limited Partnership,
officially submitted and filed its CDD petition to Collier County, amending and restating, in it's
entirety, its CDD petition that was originally submitted on March 15, 2005 along with the
application-processing fee of $15,000.00 for review by the County.
8A
The Board's consideration of the COD Petition will comply with Section 190.005(2)(b) and (c),
Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider
the relationship of the petition as submitted, to the six factors listed in Section 190.005(1 )(e),
Florida Statutes, and determine whether Collier County will establish Parklands Collier
Community Development District by adoption of an ordinance,
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541, Florida Statutes, including an explanation of its
computations and determinations, is available for review, along with a copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
April 23 and 30, 2006, May 7, and 14,2006
Parklands Collier Community Development District
James M. Reinders, Vice President
Ronto Developments Parklands, Inc.,
A Florida Corporation, as a General Partner of
Parklands Development Limited Partnership
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
Dwight E. Brock
Clerk of Courts
'COl!Pty-ofGollier
CLERK OF THE-Cl~CUIT COURT
COLLIER COUNTY goURTIJPUSE
3301 TAMIAMI TRAIL EAiST
P,O. BOX 41~~044\.
NAPLES, FLORIDA~~,11Ol-3044
-"I
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8A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 18, 2006
Don Pickworth, P .A.
Suite 502 Newgate Tower
5150 North Tamiami Trail
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition: Parklands Collier CDD
Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, May 23, 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; Sunday, April 30, 2006; Sunday, May 7,
2006 and Sunday, May 14,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
eresa Dillard,
Deputy Clerk
,k
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'COl!pty-ofC(jllier
CLERK OF THEuCl_RCQIT COURT
COLLIER COUNTY CPURTijOUSE
3301 TAMIAMI TRAIL EAIST
P,O. BOX 4~~044 .
NAPLES, FLORIDA~,4101-3d44
..,
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8A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 18, 2006
Mr. James M. Reinders, V.P.
Parklands Development Limited Partnership
5180 Old Gallows Way
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition: Parklands Collier CDD
Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, May 23, 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; Sunday, April 30, 2006; Sunday, May 7,
2006 and Sunday, May 14, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
- -.-,
8A
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Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
CDD- Parklands Collier- Ad wi map
Attachments:
CDD - Parklands Collier. doc; CDD- Parklands Collier- Ad Requirements.doc; CDD- Parklands
Collier Ord,doc; Site_Map_Parklands,pdf
Hi,
Please advertise the attached on the following Sundays, April 23, 2006; April 30, 2006; May 7,2006 and May 14, 2006
Thank you
~
~
~
~~'I
~
CDD - Parklands
Collier, doc (2...
CDD- Parklands
Collier- Ad Req...
CDD- Parklands
Collier Ord.doc...
Site_Map_Parklands
.pdf (41 KB)...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-732-2646 ext. 7240
(Teresa. Dillard@clerk.collier.fI.us)
1
Teresa L. Dillard
8A
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, April 18, 2006 1 :37 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1753400.txt; CDD- Parklands Collier- Ad wI map
:2":1
~
B
ATT1753400.txt
(231 B)
CDD- Parklands
Collier- Ad wI...
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
8A
"1! .."",
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, April 18, 2006 1 :37 PM
Teresa L. Dillard
Delivered: CDD- Parklands Collier- Ad wi map
Attachments:
CDD- Parklands Collier- Ad wi map
~,:"I
b
COD. Parklands
Collier. Ad wi '"
<<CDD- parklands Collier- Ad wi map>> Your message
To: legals@naplesnews.com
Subject: CDD- parklands Collier- Ad wi map
Sent: Tue, 18 Apr 2006 13:36:48 -0400
was delivered to the following recipient(s):
legals on Tue, 18 Apr 2006 13:36:57 -0400
1
CDD- Parklands Collier- Ad wi map
Page 1 of 1
SA
Teresa L. Dillard
From: Perrell, Pamela [paperrell@naplesnews,com]
Sent: Tuesday, April 18, 2006 1 :53 PM
To: Teresa L. Dillard
Subject: RE: CDD- Parklands Collier- Ad wi map
OK
--mOriginal Messagemn
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.f1.us]
Sent: Tuesday, April 18, 2006 1:37 PM
To: legals@naplesnews.com
Subject: CDD- parklands Collier- Ad wi map
Hi,
Please advertise the attached on the following Sundays, April 23, 2006; April 30, 2006; May 7,2006 and
May 14, 2006
Thank you
<<CDD - Parklands Collier.doc>> <<CDD- Parklands Collier- Ad Requirements.doc>> <<CDD- Parklands
Collier Ord,doc>> <<Site_Map_Parklands.pdf>>
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
o
NAPLILS DAILY NEWS
Published Dai]~
Naples_ FL.,4102
Affidavit of Publication
State of Florida
County of Collier
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l'L'IlU( NQTK'!:' WJ3j,KJ'KllK::E 1:':U1UJ.~
NOTICE OF PUBLIC HEARING
AND INTENT TO CONSIDER ORDINANCE
ORD1NANCE NO 06-_
AN ORD1NANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORlOA ESTABLISHING PARKLANDS COlLfER COMMUNITY DEVELOPMENT DISTRIC~
DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THe INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVfSORS; NAMING THE DISTRICT;
PROVIDING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS, PROVIDING FOR SPECIAL COMMITMENTS: PROVIDING
FOR CONFLICT AND SEVERABIlIl (, PROVIDING FOR INCLUSION IN THe CODE OF LAWS
AND ORDINANCES: AND PROVIDING AN EFFECTIVE DATE
The Board of Counly CommiSSioners of Collier County, Florida (the "Board") hereby gives _notice
to the Citizens of Collter County fhat a publiC hearing shall be conducted In accordance With the
requirements and procedures of Section '190,005, FloridR .elt.I"M_, at 9:00 a,m_, in the Commission
Board Room, 3'" Floor Administration Building (Bldg, "F.) Cot/fer COunty Government Center, 3301
Tam_ami Trail, Eul. Naples, Florida, on TUesday, May 23, 2006, The svbjectoffhe Public Hearing
is conSideration by the Board of a Petition filed by Pafldands Development limn.ct Partnership,
fe, the establlshmenf of a Communily Development Oislrict (COD) form of speelal purpoae local
gcJvefllment to be known as ParldaMs Collier COD by adoption of the abO~d Collier County
Ordinance pursuant 10 Section 190.005(21, fJm~, The districtgovemment would serve
anareaoflandm Collier COLJrl1y generally described as follows;
TIle prOPOsed District is located lmtirely within Collier COLinty, Floridlln the area eat! 01 Quail West
PUD. and SOLiIIl along Lee County line. The proposed district COvelli approximately 622.48+/_
acres of land The sile is located in Sections 9, Township 48 South, Range 26 East, as depicted
below_
\,
,
SLIGh commLm,t~ development district
special purpose govemment is a way
to prOVide infrastructure subject to the
'!!9LJlatoryre'lLli"E'mentse>fbothlheSla!e
at Florida and Collier CountygOVlilming
any elflsting or future lawful use and 'I
development of lhe land deSCribed
above, and 'Specifically governing lhe
planning, Implementation, maintenance,
and financing of basic community
facilllies, systems and servlcfls
which may be reqLllred of any SUch
developmenlconslSfentwithprinclpleSOf
COncurrency, Comprehensive planning,
and development p!lI'mltting
ii
Iii
'I
J!
,
..._-~-=.~_&- ~'~--r---
On March 24, 2006, Jllmes M Reinders.
I Vice Presiderl1, Ronto Developments
Pali<lands, Inc,. a Florida Corporal/on,
as a General PlIrtller of Parklands
Development limiled Partnership.
officially submitled and filed ils COD
pelillon to Collier County. amending and
reslatinQ, ill iI's E>nlirety, itsCODoe!llion
Ihat was originally Submltled 011 March
15, 2005 along with lhe application.
processing fee ot $15,000 00 for review
bYlheCounty
lhe Boards consideration of lh", COO Petilion will comply wllh Section 190_005(2)(b) end (c),
fIP.';Q?St'it\lre~, in conducting this Public Hearing_ The purpose of thll hearlng la to conslder
me relationship 0' the pelrtion as submilled, to the six factors listed in Section 190.005(1)(e},
E./Qwla~, and determine Whelhar COllier County will establiSh Parklands CotlierCommUnl1y
DevelopmentDistrictbYa~oPtlonofanOrdlnance
:l
i'
II
---1!
I'
Accord,ng to the Pelition, at least fourCalegories of persons may be al\'ectt,d by the economk:
conseQuenC8aoftlieproposeddistrjctestabllahment:StaleofFIOrida and lis cltizena (modest or
very small), Coli;..r County and Its citizens Imodest or very small); Ihe present property OWners; and
tile future oroparty owners
Acopy of the fUll lp.xtoflhe Petitjoner's stalement of estimated reg ullltoryC04t8inaCCOrdallcewitll
the 'equiremenls 'JfSactlon 120_541..E!QillLLSlat~J.e.I,includinglnexPlanat!onofitacomputaliona
and dNen>1;nation~. j$ lIvclllable fo, reView, along wilh l!I COpy o/the full text of the petition and Iny
of its (lacumentallon at the Office of the County Clerk, Colliar County, 3301 Tamlaml Treit, Easl,
Naples, Florida
Copies of the PEllition, which contains the legaldescriplion oflhe real property to be serviced by
lhe prOPosed dlslrict, are Ilao on file at the COltlerCoonty COmprehen'lve PllIflnlng Dltpllrtrnent, at
2800 North Horseshoe Orive. Naples, Florida, All interested per&ons are Invited to attend
If a perllon decides toappeallny de~ion madeby 111. B~~ ofCountyCornmlnlonerswllh reapect
to any malleI considered at such meetl1lll or heartng, he will 'laed a record oft/Ilrt pl'tlceecling, and
for such purpose he may need to ensure Ihat a verblllim record ofttle proceedinlJll Is mad8,wh Ict!
'ecord includes the testimony arnl evidence upon whjch the IPpeel is to be baeect
Ap'iI23and30, 2006, May 7, and 14, 2008
Parklands Collier Community Devalopment Dialrlct
James M. Reinders, Vice President Ronto Dev.loprnenta Parklanda, Inc.,
A Florida Corporatioll, as ~ General Partner of Par\(lald, DltY8lopment limited Partnership
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROC/<, CLERK
By feresaDillard, DepUlyClerk
(i)
No ql'?b~9'"
A>Jril ~~, ~O,"l1Y 7, 14, ~on6
- - "'~"---,".---,.~
8""!,'.'
J\
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 deli vered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
, Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of the Chairman's silmature, draw a line throul!h routinl! lines #1 throul!h #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinl! order)
L Connie Johnson Administration - CD&ES mk 5/512006
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
information, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bce has acted to approve the
item.)
Name of Primary Staff Marcia R. Kendall, Planner Phone Number 403-2387
Contact
Agenda Date Item was May 23, 2006 Agenda Item Number 8A
Approved bv the BCC
Type of Document Ordinance, a.c:tio-~,{ 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 BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on 'd 3 tJ (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)
mk
N/A (Not
A licable)
2,
3.
4,
5,
6.
mk
mk
I: Forms! County Forms/ BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24,05
L' ;
ORDINANCE 2006 -~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING PARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE
EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING
THE INITIAL MEMBERS OF THE DISTRICT'S BOARD
OF SUPERVISORS; NAMING THE DISTRICT;
PROVIDING STATUTORY PROVISIONS GOVERNING
THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Recitals
WHEREAS, Parklands Development Limited Partnership, a Delaware limited
partnership, has petitioned the Board of County Commissioners (Board) of Collier County,
Florida, a political subdivision of the State of Florida, to establish the PARKLANDS COLLIER
COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board, after proper published notice, has conducted a public hearing on
the petition and determined the following with respect to the factors to be considered in Section
190.005( 1)( e) Florida Statutes, as required by Section 190.005(2)( c), Florida Statutes:
1. All statements contained within the petition are true and correct.
2, Establishment of the proposed District is not inconsistent with any applicable element or
portion of the local comprehensive plan of Collier County, known as the Collier County
Growth Management Plan, or the State Comprehensive Plan.
3, The area of land within the proposed District is of sufficient size, is sufficiently compact,
and is sufficiently contiguous to be developable as one functional interrelated
community.
4, The District is the best alternative available for delivering community development
services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities,
6, The area that will be served by the District IS amenable to separate special-district
government; and
WHEREAS, Petitioner has committed to the Board that the Petitioner, its successors and
assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at
such time as residents begin occupying homes in the District, and (2) record a Notice of
Assessments containing the specific terms and conditions of any special assessments imposed to
secure bonds issued by the District, which notice shall be recorded immediately after any such
bond issuance (these commitments shall hereinafter be collectively referred to as "Petitioner's
Commitments"); and
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
Page 1 of 4
SA
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE PARKLANDS
COMMUNITY DEVELOPMENT DISTRICT.
COLLIER
The Parklands Collier Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Karen Welks
401 Pheasant Court
Marco Island, Florida 34145
4.
J ames Reinders
5180 Old Gallows Way
Naples, Florida 34105
2.
Kathy Miller
124 Tahita Street
Naples, Florida 34113
5,
Ken Bloom
1517 Ivy Gate Lane
Naples, Florida 34105
3. Pat Vavrek
20741 Rivers Ford Road
Estero, Florida 33928
Page 2 of 4
<:3 A
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Parklands Collier Community Development District."
SECTION FIVE:
STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Parklands Collier Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local law .
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Parklands Collier Community
Development District will be duly and legally authorized to exist and exercise all of its general
powers as limited by law; and has the right to seek consent from the Collier County Board of
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its general powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance, The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: 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 portion.
Page 3 of 4
8A
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this:iL2. day of Mo..y ,2006.
" . C 'Z}'():).r;
ATTE,.sT:~:"""'" i)'
.' . ., . <';'..1
DWIGlf.r E, BROCK;.CLERK
, .~
~..i QP{ '6c
Attest i,'/~;Qta........' peputy Clerk
S 1 9r; ~t ~Ar. on 1 "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~.>--::;JO........
FRANK HALAS, CHAIRMAN
Page 4 of 4
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EXHIBIT A
LEGAL DESCRIPTION
FTL:1704921:1
Exhibit A-I
I .
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BA
iSanRS iEnnltl.e.erina. 3Jn.c.
Professional Engineers. Planners & Land Surveyors
6&<<l Willow Park Drive - SUlle B
Naples. Florida 34109
1239) :597-2061
Fax l2391 :597.3082
A DESCRll'TION OF A PARCEL OF LAND
LYING IN
SECfION 9, TOWNSHIP 48 SOUTH, RANGE 2C> EAST
COLLER COUNTY, FLORIDA
(PARKLANDS COLLIER C,D,D.)
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER. LYING IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND BEING
FURTIlER DESCRIBED AS FOLLOWS,
SECfION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING 5 DESCRlBED'PARCELS:
I) THE SOUTH 30.00 FEET OF THE WEST HALF (W y,) OF SAID SECfION 9.
2) TIlE SOUTH 30,00 FEET OF THE SOUTHEAST QUARTER (SE '!.) OF THE
SOUTHEAST QUARTER (SE 'I.) OF SAID SECfION 9.
3) TIlE SOUTH 30.00 FEET OF THE EAST HALF (E v,) OF THE SOUUIWEST QUARTER
(SW '!.) OF THE SOUTHEAST QUARTER (SE y.) OF SAID SECfION 9,
4) THE SOUTH 30,00 FEET OF THE WEST HALF(W y,)OFTHE WESTHAU' (W y,)OF
THE SOUTIlWEST QUARTER (SW Lt.) OF THE SOUTHEAST QUARTER (SE Lt.) OF SAID
SECfION 9.
5) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OFFLORJDA,COUNTY
OF COLLIER, LYING IN SECTION 9, TOWNSHiP 48 SOUTH, RANGE 26 EAST AND
BEING FURTHER DESCRIBED AS FOllOWS:
COMMENCING AT THE SOUTI~WEST CORNER OF SAID SECfION 9, THENCE
"--" S,89.S8'28"E. ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 9 FOR 80.25 FEET; THENCE N,OOOOI '32"E. FOR 75.00 FEET TO AN
INTERSECTION WITH A CURVE TO THE RlGHT HAVING A RADIUS 632,91) FEET AND
SUBTENDED BY A CHORD BEARING N.46029'20"E FOR A DISTANCE OF 864.2Q.FEET
AND TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 86006'56" FOR 951.25 FEET; THENCE
S,90"OO'OO"E, FOR 400.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 620,00 FEET; THENCE SOUTHEASTERL Y ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29032 '39" FOR 319,70 FEET; THENCE S.60027 'll"E.
FOR 503.61 FEET; THENCE S,000UI'32''W. FOR 266,84 FEET; THENCE N.89058'28"W
FOR 1770.48 FEET TO 1HE POINT OF BEGINNING,
FTL:1704921 :1
PARCEL CONTAINS 622.48 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SECfION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING S,89"58'28"E.
SUBJECfTO EASEMENTS, RESTRICTIONS. RESERVATIONS AND RIGHTS-Of-WAY
OF RECORD.
DESCRIPTION PREPARED MARCH 4, 2005.
--r2-t:'t:; 5'L ;'-1-'-'
THOMAS C. SAW
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATION NO. 4672
.........
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Exhibit A-3
8A
COUNTY COMMISSION
COLLIER COUNTY, FLORIDA
IN RE: AMENDED AND RESTATED PETITION FOR PROPOSED ORDINANCE
PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES,
TO ESTABLISH THE P ARKLANDS COLLIER COMMUNITY
DEVELOPMENT DISTRICT
/
AMENDED AND REST A TED PETITION FOR ESTABLISHMENT
OF A COMMUNITY DEVELOPMENT DISTRICT
Parklands Development Limited Partnership, a Delaware limited partnership (the
"Petitioner"), being the owner of one hundred percent (100%) of the property (the "Property")
legally described on Exhibit A annexed hereto and made a part hereof, located in unincorporated
Collier County (the "County"), hereby amends and restates, in its entirety, its Petition for
Establishment of a Community Development District submitted on March 15, 2005 (the
"Original Petition") to the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA (the "Commission") and hereby petitions the Commission in accordance
with Section 190.005(2) of the Uniform Community Development Act of 1980, Chapter 190,
Florida Statutes (the "Act") to establish a community development district comprising the
Property (the "District") pursuant to the Act and other applicable law, and in support thereof,
hereby attests as follows:
1. That the Original Petition is amended and restated in its entirety hereby to revise
the Original Petition to (a) provide for different members of the initial Board of Supervisors of
the proposed District as set forth herein; (b) to update Exhibit C to the Original Petition, as set
forth in Exhibit C hereto; and (c) to revise Exhibit F to the Original Petition to conform to the
revised Exhibit C, as set forth in Exhibit F attached hereto.
2. That Petitioner is a Delaware limited partnership with its principal place of
business at 3185 Horseshoe Drive South, Naples, Florida 34104.
3. That the land area to be served by the proposed District comprises approximately
622.48 acres. All lands in the proposed area are located wholly within the jurisdictional
boundaries of the County.
FTL:1704921 :1
1
,
8A
4. That annexed hereto as Exhibit A and made a part hereof is a metes and bounds
description of the external boundaries of the proposed District. No real property within the
external boundaries of the proposed District is to be excluded therefrom.
5. That annexed hereto as Exhibit B and made a part hereof is evidence of the
written consent to the establishment of the proposed District by the owner of one hundred
percent (100%) of the real property to be included in the District.
6. That the following five (5) persons shall be the initial members of the Board of
Supervisors of the proposed District, each of whom is a resident of the State of Florida and a
citizen of the United States, and each of whom shall serve in that office until replaced by elected
members as provided in Section 190.006 of the Act:
Karen Welks
401 Pheasant Court
Marco Island, FL 34145
Kathy Miller
124 Tahiti Street
Naples, FL 34113
J ames Reinders
5180 Old Gallows Way
Naples, FL 34105
Ken Bloom
1517 Ivy Gate Lane
Naples, FL 34105
Pat Vavrek
20741 Rivers Ford Road
Estero, FL 33928
7. That the name of the proposed District is the "Parklands Collier Community
Development District."
8. That annexed hereto as Exhibit C and made a part hereof is a map of the proposed
District showing current major trunk water mains and sewer interceptors and outfalls.
9. That annexed hereto as Exhibit D and made a part hereof, based upon available
data, is a good faith estimate ofthe timetable for construction of the proposed District's systems,
services and facilities and the estimated cost of constructing the same, both of which estimates
are subject to change.
10, That annexed hereto as Exhibit E and made a part hereof is a designation of the
future general distribution, location, and extent of public and private uses of land proposed for
FTL:1704921:1
2
j
BA
the area within the proposed District by the future land use plan element of the effective local
government comprehensive plan.
11. That annexed hereto as Exhibit F and made a part hereof is a statement of
estimated regulatory costs in accordance with the requirements of Section 120.541, Florida
Statutes.
12. That the creation of the proposed District is not inconsistent with any applicable
element or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
13. That the Property to comprise the proposed District is of sufficient SIze,
compactness, and contiguity to be developable as one functional interrelated community.
14. That the creation of the proposed District presents the best alternative available
for delivering the community development facilities and services to the Property that will be
served by the proposed District.
15. That the community development facilities and services of the proposed District
will not be incompatible with the capacity and uses of existing local and regional community
development services and facilities.
16. That the Property to comprise the proposed District is amenable to separate
special-purpose government.
17. That Petitioner anticipates a petition by the District, once established, to obtain
consent from the Commission to the District's exercise of one or more of the powers set forth in
Section 190.012(2) of the Act, which include planning, establishing, acquiring, constructing or
reconstructing, enlarging or extending, equipping, operating and maintaining systems and
facilities for (1) parks and facilities for indoor and outdoor recreational, cultural and educational
uses; (2) fire prevention and control, including fire stations, water mains and plugs, fire trucks
and other vehicles and equipment; (3) security, including, but not limited to, guardhouses, fences
and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper
governmental agencies; and (4) control and elimination of mosquitoes and other arthropods of
public health importance. Any powers so requested would be in addition, and supplemental, to
the powers which the proposed District is entitled to exercise pursuant to Sections 190.011 and
190.012 (1) and (3) of the Act.
18. That all statements contained within this Amended and Restated Petition are true
and correct.
WHEREFORE, Petitioner hereby respectfully requests the Commission to:
A, Direct its staff to notice, as soon as practicable, a local public non-emergency
hearing pursuant to the requirements of Section 190.005(2)(b) and (c) of the Act to consider
FTL:1704921 :1
3
BA
whether to grant the petition for the establishment of the proposed District and to enact an
ordinance establishing the proposed District.
B. Grant the petition and enact an ordinance pursuant to the Act and other applicable
law, establishing a community development district comprised of the Property to be known as
the "Parklands Collier Community Development District."
..;......
RESPECTFULLY SUBMITTED this E day of ;v} .4/cs-1 , 2006.
PARKLANDSDEVELOPMENT
LIMITED PARTNERSHIP
By: Ronto Developments Parklands, Inc., a
Flo . orporation, a General artner
/
--,
STATE OF FLORIDA
COUNTY OF COLLIER
)
)
The foregoing instrument was acknowledged before me this ;. V ~ay of
/!flAre.. t.. , 2006, by James M. Reinders, the Vice President of Ronto Developments
Parklands, Inc., a General Partner of Parklands Development Limited Partnership, who ~
personally known to me [ ] or produced as identification.
- Notary Public A
Printed Name:
FTL:1704921 :1
4
8A
EXHIBIT A
LEGAL DESCRIPTION
FTL:1704921 :1
Exhibit A-I
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FTL:1704921 :1
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iSanks tEnain.eerina. .1Jn.c.
Professional Engi.-rs. Planners & Land Surveyors
6640 Willow Park DrIve - SuIte B
Naples, Florida 34109
(2391 :l97-2lI61
Fl. (2391 !!Iif7 -3082
A DESCRIPTION OF A PARCEL OF LAND
LYING IN
SECTION 9, TOWNSHIP 48 SOUTH, RANOE 26 EAST
COLLER COUNTY, FLORIDA
(PARKLANDS COLLIER C.D.D,)
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER. L YINO IN SEcrION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND Bel NO
FURTHER DESCRIBED AS FOLLOWS:
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COmITY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING 5 DESCRIBED PARCELS:
I) THE SOUTH 30.00 FEET OF THE WEST HALF (W if, ) OF SAID SECTION 9.
2) THE SOUTH 30,00 FEET OF THE SOUTHEAST QUARTER (SE !4) OF THE
SOUTHEAST QUARTER (SE 'I.) OF SAID SECfION 9.
3) THE SOUTH 30.00 FEET OF THE EAST HALF IE v,) OF THE SOUTHWEST QlJARTEJ~
(SW !4) OF THE SOUTHEAST QUARTER (SE Yo) OF SAID SECTION 9,
4) THE SOUTH 30.00 FEET OF THE WEST HALF (W v,) OF TIlE WEST HALF (W y,) OF
THE SOUTHWEST QUARTER (SW !4) OF THE SOUTHEAST QUARTER (SE Y.) OF SAID
SECfION 9,
5) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN SECflON 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND
BEING FURTHER DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, THENCE
'--" S,89058'28"E. ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECflON 9 FOR 80.25 FEET; THENCE N,ooOOI '32'"E. FOR 75,00 FEET TO AN
INTERSEcrION WITH A CURVE TO THE RIGHT HA VINO A RADnJS 632.90 FEET AND
SUBTENDED BY A CHORD BEARING N,46029'20.E FOR A DISTANCE OF 864.20 FEET
AND TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 86006' 56"' FOR 951.25 FEET; THENCE
8,9O"00'oo"E. FOR 400.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADnJS OF 620.00 FEET: THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29032'39" FOR 319.70 FEET; THENCE S.60027'2I"E.
FOR 503.61 FEET; THENCE S,oooOI 'nnw, FOR 266,84 FEET; THENCE N.89"58'26'"W
FOR 1770,48 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 622.48 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE SOUTH LlNE OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST AS BEARING S,89"58'28"'E.
SUBJECT TO EASEMENTS, RESTRICTIONS. RESER V A nONS AND RIGHTS-OF- WAY
OF RECORD.
DESCRIPTION PREPARED MARCH 4, 2005.
--;::;z..~.t:;5-L 7-1-----
THOMAS C. SAW
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATION NO. 4672
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EXHIBIT B
EVIDENCE OF WRITTEN CONSENT OF
OWNER'S CONSENT TO ESTABLISHMENT OF
P ARKLANDS COLLIER COMMUNITY DEVELOPMENT DISTRICT
PARKLANDS DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited
partnership ("Owner"), hereby certifies that it is the owner of certain property located in
unincorporated Collier County, Florida, more particularly described on Schedule A hereto (the
"Property"). By signing below, the Owner hereby gives its full consent to the establishment by
Collier County, Florida of the P ARKLANDS COLLIER COMMUNITY DEVELOPMENT
DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes, and to the
inclusion of the Property within the boundaries of the proposed District. The Property comprises
100% of the property to be included within the boundaries of the proposed District.
'If-
IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 2 f' day of
IYlM c.rt , 2006. -
PARKLANDSDEVELOPMENT
LIMITED PARTNERSHIP
By: Ronto Developments Parklands, Inc., a
Flori corporation, a Gener er
By:
STATE OF FLORIDA )
COUNTY OF COLLIER )
WJ Th7 foregoing instrument was acknowledged before me this ~ t/ !IJ.,.. day of
/'/ArM ' 2006, by James M. Reinders, the Vice President of Ronto Developments
Parklands, Inc., a General Partner of Parklands Development Limited Partnership, who is
p!rsonally known to me [ ] or produced as identification.
Notary Public
Printed Name:
....;::r.~r........ DONALD A. PICKWORTH
~~rtl:i. ~*1 MY COMMISSION # DD 104181
~'~~$"': EXPIRES: April 29, 2006
......~ii~.*"~.... Bonded Thru Notary Pub~c Underwriters
FTL:1704921 :1
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EXHIBIT C
MAP OF PROPOSED DISTRICT
FTL:1704921:1
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EXHIBIT D
81
PROPOSED CONSTRUCTION TIMETABLE AND ESTIMATED COSTS
Off site Public Roads(l)
Public Roadways(1)
Wetland Impact Mitigation & Acquisition:
Construction Costs
Acquisition Costs
Stormwater Management Construction Costs
Utility Construction Costs
Consultants
Contingency
Total
Cost
$ 8.5 Million
7.5 Million
4.5 Million
15.0 Million
5.0 Million
3.0 Million
2.0 Million
2.0 Million
$47.5 Million
(1) Roadways include water and sewer facilities parallel to the road as well as all drainage
facilities necessary for the road drainage.
All work is expected to be completed within two years :from the issuance of bonds.
FTL:1704921 :1
Exhibit D-I
EXHIBIT E
DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION. LOCATION AND
EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR
THE AREA WITHIN THE PROPOSED DISTRICT
FTL:1704921 :1
Exhibit E-l
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Exhibit E-2
EXHIBIT F
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This statement of estimated regulatory costs ("SERC") supports the petition to establish the
Parklands Collier Community Development District ("District"). The District comprises
approximately 622 +/- acres of land within Collier County, Florida on which approximately
600 single family and 600 multifamily dwelling units are planned for development. The
limitations on the scope of this SERC are set out in Chapters 120 and 190 F.S. (2004)
(specifically, Sections 190.005(1)(a)8, and 120.541(2)).
Moreover, Section 190.002(2)(d), F.S. (2004), provides "that the process of establishing
such a district pursuant to uniform general law shall be fair and based only on factors
material to managing and financing the service delivery function of the district, so that any
matter concerning permitting or planning of the development is not material or relevant
(emphasis added)."
1.2 Overview of the Parklands Collier Community Development District
The District is designed to provide community infrastructure, services, and facilities along
with their operations and maintenance.
The development plan for the proposed lands within the District includes the construction of
approximately 600 single family and 600 multifamily dwelling units.
1.3 Requirements for the Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory
costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be required to
comply with the rule, together with a general description of the types of individuals likely to
be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any anticipated
effect on state and local revenues,
( c) A good faith estimate of the transactional costs likely to be incurred by individuals and
entities, including local governmental entities, required to comply with the requirements of
the rule. As used in this paragraph, "transactional costs" are direct costs that are readily
FTL:1704921 :1
Exhibit F-1
!
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8A
Bi
ascertainable based upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs incurred, and
the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288,703. F.S.
(2004), and an analysis of the impact on small counties and small cities as defined by
Section 120.52, F.S. (2004). Collier County is not defined as a small county for purposes of
this requirement.
( e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith
written proposal submitted under paragraph (l)(a) and either a statement adopting the
alternative or a statement of the reasons for rejecting the alternative in favor of the proposed
rule.
2.0 A good faith estimate of the number of individuals and entities likely to be required to
comply with the ordinance, together with a general description of the types of
individuals likely to be affected by the ordinance.
As noted above, Parklands Collier is designed for approximately 600 single family and 600
multifamily dwelling units. Establishment of the District would put all of the households
that locate within the community under the jurisdiction of the District. Of course, the
decision to locate within the District is a voluntary one,
3.0 A good faith estimate of the cost to state and local government entities of implementing
and enforcing the proposed ordinance, and any anticipated effect on state and local
revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
State Government Entities
The District consists of fewer than 1,000 acres; therefore Collier County is the establishing
entity under Section 190.005(2), F.S. (2004). There will be only modest costs to various
State governmental entities to implement and enforce the proposed establishment of the
District.
The modest costs to various State entities to implement and enforce the proposed ordinance
relate strictly to receipt and processing of various reports that the proposed District is
required to file with the State and its various entities. Appendix A lists the reporting
requirements. The costs to those State agencies that will receive and process the District's
reports are very small, because the District is only one of several hundred governmental
units that are required to submit the various reports. Therefore, the marginal cost of
processing one additional set of reports is de minimis. Additionally, pursuant to Section
FTL:1704921:1
Exhibit F-2
8t
189.412, F.S. (2004). the proposed District must pay an annual fee to the State of Florida
Department of Community Affairs to offset such costs.
Collier County
The land within the District is within the unincorporated limits of Collier County and
consists of fewer than 1,000 acres. The Collier County Board of Commissioners and Collier
County staff will process, analyze, conduct a public hearing, and vote upon the petition to
establish the District. These activities will absorb some resources.
These costs to the County are modest for a number of reasons. First, review of the petition
to establish the District does not include analysis of the project itself. Second, the petition
itself provides much of the information needed for a staff review. Third, Collier County
already possesses the staff needed to conduct the review without the need for new staff.
Fourth, there is no capital required to review the petition. Fifth, local governments routinely
process similar petitions for land uses and zoning changes that are far more complex than is
the petition to establish a community development district. Finally, costs related to staffs
time to process the petition to establish the District have been offset by the $15,000 filing
fee that is paid to the County.
The annual costs to Collier County, because of the establishment of the District, are also
very small and within control of the County. The proposed District is an independent unit of
local government. The only annual costs the County faces are the minimal costs of
receiving and to the extent it wishes, reviewing the various reports that the District is
required to provide to the County.
3.2 Impact on State and Local Revenues
Adoption ofthe proposed ordinance will have no negative impact on State or local revenues.
The District is an independent unit of local government with limited powers. It is designed
by law to provide community facilities and services to the lands that comprise the Parklands
Collier area. It has its own sources of revenue. No State or local subsidies are required or
expected.
In this regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida or
any other unit of local government. In accordance with State law, debts of the CDD are
strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and
entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may
provide. It is anticipated that the District will fund, own, operate, and maintain the
community's stormwater management system, wetland mitigation, and off-site wetland
mitigation. The District also plans to construct and finance the internal roadway and off-site
FTl:1704921 :1
Exhibit F-3
BA
roadways. It is anticipated that these facilities will be turned over to the Collier County for
ownership and maintenance.
Table 1. Parklands Collier Community Development District Proposed Facilities and
Services
FUNDED/ O&M OWNERSHIP
FACILITY CONSTRUCTED
Roadways CDD Collier Collier
County County
Off-site Roadways CDD Collier Collier
County County
Stormwater Management CDD CDD CDD
Wetland Mitigation CDD CDD CDD
Off-site Wetland Mitigation CDD CDD CDD
The petitioner has estimated the costs for providing the capital facilities outlined in Table 1.
The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated
to be approximately $47,500,000. To fund this construction program the District may issue
special assessments or other revenue bonds estimated to total $61,750,000. These would be
repaid through non-ad valorem assessments levied on all developable property within the
District that specially benefits from the District's capital improvement program as outlined
in Table 2.
Table 2. Summary of Estimated Capital Costs Parklands Collier Community
Development District
Cate~ory
Roadways
Public Roadways (1)
Wetland Impact Mitigation & Acquisition
· Construction Costs
. Acquisition Costs
Stormwater Management - Construction Costs
Utility Construction Costs
Engineering and Other Consulting
Contingency
Total
Construction
Estimate
$8,500,000
$7,500,000
$4,500,000
$15,000,000
$5,000,000
$3,000,000
$2,000,000
$2,000,000
$47,500,000
Prospective future landowners in the District may be required to pay non-ad valorem
assessments levied by the District to secure the debt incurred through bond issuance. In
addition to the levy of non-ad valorem assessments for debt service, the District may also
FTL:1704921 :1
Exhibit F-4
8A
impose a non-ad valorem assessment to fund the operations and maintenance of the District
and its facilities and services.
It is important to note that the various costs outlined in Table 2 are typical for developments
of the type contemplated. There is nothing peculiar about the District's financing that
requires additional infrastructure over and above what would normally be needed.
Therefore, these costs are not in addition to normal development costs. District-imposed
assessments for operations and maintenance costs are similar to what would be charged by a
property owner's association common to most mixed-use developments except they are
government enforced first liens.
Real estate markets are quite efficient, because buyers and renters evaluate all of the costs
and benefits associated with various alternative locations. Therefore, market forces preclude
developers from marking up the prices of their products beyond what the competition
allows, To remain competitive the operations and maintenance assessments must also be in
line with the costs imposed by the competition.
Furthermore, the decision to locate within the District is completely voluntary. These
potential residents are given full disclosure of the existence of the district and level of
anticipated assessments. So ultimately, all owners and users of the affected property chose
to accept the District's costs in tradeoff for the benefits that the District provides. A
Community Development District ("CDD") provides residents with the option of having
higher levels of facilities and services financed through self-imposed charges. The District
is an alternative means to finance necessary community services. District financing is no
more expensive, and often less expensive, than the alternatives of a municipal service taxing
unit (MSTU), a neighborhood association, County provision (directly or via a dependent
special district), or through developer equity and/or bank loans.
It should be noted that occupants of the lands within the District will receive three major
classes of benefits.
First, those residents and businesses in the District will receive a higher level of public
services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism to ensure that the community services and amenities will be
completed concurrently with development of lands within the District. This satisfies the
revised growth management legislation, and it assures that growth pays for itself without
undue burden on other consumers. Establishment of the District will ensure that these
landowners pay for the provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting and ultimately electoral voting for resident elected boards, to determine
the type, quality and expense of District services they receive, provided they meet the
County's overall requirements.
FTL:1704921 :1
Exhibit F-5
8A
5.0 An analysis of the impact on small businesses as dermed by Section 288.703, F.S.
(2004), and an analysis of the impact on small counties and small cities as dermed by
Section 120.52, F .S. (2004).
There will be no impact on small businesses because of the establishment of the District. If
anything, the impact may be positive. This is because the District must competitively bid
certain contracts. This affords small businesses the opportunity to bid on District work.
Collier County has an estimated population (not incarcerated) in 2004 that is greater than
75,000. Therefore the County is not defined as a "small" county according to Section
120.52, F.S.
6.0 Any Additional useful information.
The analysis provided above is based on a straightforward application of economic theory,
especially as it relates to tracking the incidence of regulatory costs and benefits. Input was
received from the developer's engineer and other professionals associated with the
developer.
Finally, it is useful to reflect upon the question of whether the proposed District is the best
alternative to provide community facilities and services to the project. As an alternative to
the District, Collier County could approve a dependent special district for the area, such as
an MSBU or a special taxing district. Either of these alternatives could finance the
improvements contemplated in Table 1 in a fashion similar to the proposed District.
There are a number of reasons why a dependent district is not the best alternative for
providing community facilities and services to Parklands Collier. First, unlike the District,
the alternatives would require Collier County to administer the project and its facilities and
services. As a result, the costs for these services and facilities would not be sequestered to
the land directly benefiting from them, as the case would be with the District.
Administering a project of the size and complexity of the development program anticipated
for Parklands Collier is a significant and expensive undertaking.
Second, a District is preferable from a government accountability perspective. With a
District, residents and landowners in the District would have a focused unit of government
ultimately under their direct control. The District can then be more responsive to resident
needs without disrupting other County responsibilities. By contrast, if Collier County was to
establish a dependent district then the residents and landowners of Parklands Collier would
take their grievances and desires to the County Commission meetings.
Third, any debt of a District is strictly the District's responsibility. While it may be
technically true that the debt of a County-established dependent, special district is not
strictly the County's responsibility, any financial problems that the special district may have
will inevitably entangle the County. This will not be the case if a District is established.
FTL:1704921 :1
Exhibit F-6
8A
Another alternative to the District would be for a property owner's association to provide the
infrastructure, operations, and maintenance of community facilities and services. A District
is superior to a PDA for a variety of reasons. First, unlike a PDA a District can obtain low
cost funds from the municipal capital markets. Second, the District can impose and collect
its assessments along with other property taxes. Therefore, the District is far more assured
of obtaining its needed funds than is a PDA. Third, the proposed District is a unit of local
government. This provides a higher level of oversight and accountability.
Fishkind and Associates certifies that this SERC meets the requirements for a Statement of
Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004).
FTL:1704921 :1
Exhibit F-7
8,1
We have developed over 50 SERCs. Below is a list of five of these.
· Urban Orlando Community Development District
· Marshall Creek Community Development District
· Cedar Hammock Community Development District
· Meditera Community Development District
· Brooks Community Development District
FTL:1704921:1
Exhibit F-8
8A
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FLORIDA
STATUTE
REPORT CITE DATE
Annual Financial Audit 11.45 within 9 months following end of
fiscal year
218.39 within 12 months after end of
fiscal year
Annual Financial Report (AFR) 218.32 (d) no later than 12 months after
end of fiscal year or (e) no later
than April 30
TRIM Compliance Report 200.068 no later than 30 days after adoption
of resolution establishing property
tax levy
Form 1 - Limited Financial Disclosure 112.3144 by July 1
Public Depositor 280.17 by November 30
Proposed Budget 190.008 at least 60 days prior to adoption
Public Facilities Report 189.415 within one year of creation; annual
updates thereafter
Public Meeting Schedule 189.417 quarterly, semiannually or annually
Bond Report 218.38 when issued; within 120 days after
delivery of bonds
Registered Agent 189.416 30 days after first meeting
FTL:1704921:1
Appendix A-I
8/1
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SECTION 09, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COlliER COUNTY, FLORIDA
P ARKLANDS COLLIER
C.D.D.
PROJECT LOCATION MAP
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S:UobsI13xx\1303\ENGINEERINGIEXHIBInCDDlCCD-COLLlERI1303_LOC-MAP.dwg. 5/2012004 2:27:21 PM. Mike Karlosky
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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 2006-24
Which was adopted by the Board of County Commissioners
on the 23rd 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 24th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
88
To: Clerk to the Board: Please place tbe following as a:
X Normal legal Advertisement
(Display Adv" location, etc.)
o Other:
Originating DeptJ Div: CDESI Impact Fee Administration
******************......**...**......*....***..*...*.**...**..............*...............................
Person: Amy Patterson Date: May 8, 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 23.2006
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 TEN 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 LAW ENFORCEMENT IMPACT FEE STUDY COST AND CREDIT UPDATE";
AMENDING THE LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED
IMP ACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECfIVE DATE OF JUNE 30,
2006.
Companion petition(s), ifany & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes D No
If Yes, what accoWlt should be charged for advertising costs: 131-138902-649100
Reviewed by: ~
h_lM 0' ()eo.....
5"-8'-06
Date
List Attachments: I. Ordinance Amendment
DISTRIBUTION INSTRUCTIONS
A. For bearings 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 tbat any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
..........................................................*................................................
FOR CLERK'S OFFICE USE O~Y:
Date Received: A5, -{)(p
Date of Public hearing: 5 '13 ~ -0 ~
Date Advertised: 5; a -{}(,.
88
.~,. :~
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN 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 LAW ENFORCEMENT IMPACT FEE STUDY COST AND
CREDIT UPDATE"; AMENDING THE LAW ENFORCEMENT IMPACT
FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT
FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED
EFFECfIVE DATE OF JUNE 30, 2006.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on June 14, 2005, the Board of County Commissioners adopted Ordinance
No. 2005-28, amending the Collier County Consolidated Impact Fee Ordinance, thereby
establishing the County's Law Enforcement Impact Fee rates; and
WHEREAS, on November 29, 2005, the Board of County Commissioners adopted
Ordinance No, 2005-66, amending the Collier County Consolidated Impact Fee Ordinance,
thereby revising the Law Enforcement Impact Fee rates schedule in order to utilize a tiered
residential impact fee rate schedule; and
WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of
construction and property acquisition, well above the national average, since Ordinance No,
2005-28 was adopted; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, and based on the above average changes in land and
construction costs, the County retained Tindale-Oliver and Associates, Incorporated (the
"Consultant"), to review the existing Law Enforcement Impact Fee cost and credit components
and recommend changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
Law Enforcement Impact Fee Study Cost and Credit Update," dated May 5, 2006 (hereinafter the
"Study"); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to the Law Enforcement Impact Fee rate
schedule, as set forth in Schedule Ten of Appendix "A" of Chapter 74 of the Collier County
Code of Laws and Ordinances; and
WHEREAS, the StUdy also recommends establishing the proposed impact fee rates in
order to more equitably distribute the costs of acquiring public facilities based upon a rational
!.lIIlk:ll.llll text iJ adde<!; c..... _... text .. delete<!
nexus relating costs incurred by fee payers to infrastructure impacts created by residential land
uses; and
WHEREAS, staff has thoroughly reviewed the cost and credit calculations and findings
and concurs with the recommended changes to the Law Enforcement 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:
SECI'ION 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.
...
(10) Law enforcement facilities: "Collier County Law Enforcement Impact Fee
Study" dated September 15. 2005, prepared by Tindale-Oliver and Associates,
Ine.. as supplemented by the "Collier Countv Law Enforcement Impact Fee Studv
Cost and Credit U,pdate." dated May 5. 2006. ore.,pared by Tindale-Oliver and
Associates. Inc,
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance confliets 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 THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section:' "article," or any other appropriate word,
SECTION FOUR. 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 , 2006.
ATI'EST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
~ _It added; &..- ....... _ ia deleted
Page 2 of 4
88
8 B '<$~~ ~
APPENDIX A
SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE
Land Use
Rate
Residential:
SinIZ1e-Family:
Less than 1,500 square feet
1,500 to 2,499 square feet
2,500 square feet or more
~dwelling unit
~dwelling unit
~t1&MIdwelling unit
Multi-Family
S236.38/dwellinlZ unit
Mobile Home
$292.09/dwellinS unit
Transient, Asluted, Group
Hotel/Motel
Nursing Homel ALP
~4/Room
~$162.09/Bed
Recreational
Marina
GolfCoursc
Movie Theater with Matinee
~$28,70/Berth
S l,8Q UCi$3 .552.39/18 Holes
~IDJ.WScrcen
InstltutlODS
Hospital
Elementary School
Middle School
High School
Jr./Community College
University/College
Church
Day Care Center
~l,OOOsqft
~lli.JQIStudcnt
~Student
~Student
~/Student
~$54.03/Student
$4M+~I,OOO sq ft
S4:i!8nM!Student
Office aDd Financial
Office 50,000 sq ft or less
Office 50,001-100,000 sq ft or less
Office 100,001-200,000 sq ft or less
Office 200,001-400,000 sq ft or less
Office Greater than 400,000 sq ft
Medical Office
~I,ooOsqft
&9Mi~l,OOO sq ft
$+i,+&~1,000 sq ft
$CiCi.+9llll.1Q11,000 sq ft
~l,OOOsq.ft
~~/I,OOO sq ft
Retall
Specialty Retail
Retail 50,000 sq ft or less
~l,Ooosqft
~l,OOO sq ft
~ text I. odded; .Iov.1I ......._1s d.lelod
Pop 3 oU
88
Land Use
Rate
Retail (continued)
Retail 50,001-100,000 sq ft
Retail 100,001-150,000 sq ft
Retail 150,001-200,000 sq ft
Retail 200,001-400,000 sq ft
Retail 400,001-600,000 sq ft
Retail 600,001-1,000,000 sq ft
Retail greater than 1,000,000 sq ft
Phannacy/Drug Store w/Drivc- Thro
Home Improvement Superstore
Quality Restaurant
High Turnover Restaurant
Fast Food Rest. w/Drive- Thro
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
COB'l'enillR88 8teNiGlI&I:FtIst F 888
J~Att9 Repair
Tire Store
New/Used Auto Sales
Self Service Car Wash
Bank/Savings: Walk-in
Bank/Savings: Drive-in
~I,ooosqft
~~I,OOO sq ft
~I,ooOsqft
~I,Ooosqft
~1,Ooosqft
~I,OOO sq ft
~looosqft
~~I~OOO sq ft
~~/I,ooosqft
~I,Ooosq ft
~I,ooosqft
~S1.870.7S/1,ooo sq ft
~~/Fuel Position
$94,+9~ay
~~I,OOOsqft
~~10oosqft
~/Fuel Position
S(i74.1(i/ljOOQ lilt it
Si]7.J8S/1,QOO SEI it
~/Bay
~l,OOO sq ft
~4/Bay
~l,OOOsqft
~S302.22/1,OOO sq ft
Industrial
Gcncrallndustrial
Business Park
Mini-Warehouse
~/l,OOO sq ft
~tw...2Q/l,OOO sq ft
u.9911..UYIOOO sq ft
.I.!DdIIIiDlal text ;, added; 8...... 11Ioo.. text is d.t.tod
Page 4 of4
88
May 9,2006
Legals
Naples Daily News
1075 Central A venue
Naples, FL 34102
Re: Law Enforcement Impact Fee
Dear Legals:
Please advertise the above referenced petition on Friday, May 12,2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
If you should have any questions, please call me at 774-8406.
Thank you.
Ann Jennejohn,
Deputy Clerk
Acct# 131-138902-649100
NOTICE OF PUBLIC HEARING
88
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 23,
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.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SCHEDULE TEN 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 LAW
ENFORCEMENT IMPACT FEE STUDY COST AND CREDIT UPDATE"; AMENDING THE
LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE
REVISED IMPACT FEE UPDATE STUDY; 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.
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: Ann Jennejohn, Deputy Clerk
(SEAL)
88
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
Law Enforcement Impact Fee
Attachments:
Law Enforcement Impact Fee,doc; Law Enforcement Impact Fee.doc
Good Morning,
Please advertise the attached on Friday, May 12, 2006.
Thank you,
Ann
774-8406
Law Enforcement
Impact Fee,doc...
Law Enforcement
Impact Fee,doc..,
1
Ann P. Jennejohn
88
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, May 09, 2006 9:24 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT1857433,txt; Law Enforcement Impact Fee
1;:1
t;..:.J
r::-71
L:::J
ATT1857433,txt
(229 B)
Law Enforcement
Impact Fee
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
","....<,....,..--..- .... 1'.... *'_ _"'_","__""'''''''''''<';'''''_~~''''''."",""_".
Ann P. Jennejohn
88
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, May 09, 2006 9:24 AM
Ann P. Jennejohn
Delivered: Law Enforcement Impact Fee
Attachments:
Law Enforcement Impact Fee
f\"W:71
L:J
Law Enforcement
Impact Fee
<<Law Enforcement Impact Fee>> Your message
To: legals@naplesnews,com
Subject: Law Enforcement Impact Fee
Sent: Tue, 9 May 2006 09:23:18 -0400
was delivered to the following recipient(s):
legals on Tue, 9 May 2006 09:24:02 -0400
1
Law Enforcement Impact Fee
Page 1 of 1
88
Ann P. Jennejohn
"~"~~'.,^.,..,w_m~,^,^~,^>O'_'~W_~~~.~._.~__.~~__^~~,~~,_A~'__<__U'~~~"_~~,~~___,~~,,^~~,~_~~,_,^_~~~~",,,~~~,~'~'-----~--"_'^"~'__'_"_~~U'~__~~~__~_m~,^>w._AW^~~'~_""_~~~""_'''~,~_~.'m"'''m~___~'~~'~W^VA__"~,^w
From: Perrell, Pamela [paperrell@naplesnews,com]
Sent: Tuesday, May 09,2006 11 :21 AM
To: Ann p, Jennejohn
Subject: RE: Law Enforcement Impact Fee
OK
-----Original Message-----
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collierJl.us]
Sent: Tuesday, May 09,20069:23 AM
To: legals@naplesnews.com
Subject: Law Enforcement Impact Fee
Good Morning,
Please advertise the attached on Friday, May 12, 2006.
Thank you,
Fee.doc>>
<<Law Enforcement Impact Fee.doc>>
<<Law Enforcement Impact
Ann
774-8406
5/9/2006
o
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper
time(s) in the issue May 12th, 2006
Affiant lluther 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 :'\aples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( Si~~~e::tnt)
Sworn to and subscribed before me
This May 12th, 2006
&/1-0 . '{~'
(Signature of notary public)
./;~YA~:f.~~::,.... Harriett Bushon~~1
.rA\.~;~ MY G)MMIS~ION # DD23~68j EXPIRE
~"~'~"/ July 24, 200,
~~' ;~~r.'~-\-::'\'/ :i(}\lDEDTHRU TROY r:,AIN INS: !({"..:'\J:>
"-"I"
. ,"'". Of a B
, PUBLIC HEARING I
N~tIcels hereby given
.that the Board of County I
Commissioners of Col-'
IIer County will hold a
.;. .u lie hearing 9n Tues,
. .~ 23, 2006, In the
'11 rdroom. 3rd Floor,
'A!llTllnlstratlon Building,
. C:qlller County Govern-
. ment Center, 3301 East
Tamianil Trail, Naples,
fJ,orlda. The meeting
W " begIn at 9:00 A.M.
.AN ORDINANCE OF THE
BGARD OF. COUNTY
OOMMISSIONf;RS OF
-COLLIER COUNTY,
fLORIDA~ AMENDING
SCHEDULt. TEN OF AP-
.PENDIX A OF CHAPTER
I." OF TIiE COLLIER
"OUNTY COOE OF LAWS
, 1ND ORDINANCES, THAT
uRDINANCE BEING THE
COLLIER COUNTY CON-
.SOLIOATEO IMPACT FEE
ORDINANCE, NO. 2001-
13.A5 AMENDED, PRO-
VIOIt<lG FOR THE INCOR-
~~2:T~~Nt.rEY I~~F:-c\
FEE STUDY ENTITLED
"COLLIER COUNTy LAW
ENFORCEMENT IMPACT
FEE STUDY COST AND
CREDIT UPDATE";
AMENDING T1iE LAW EN-
FORCEMENT IMPACT
FEE RATE SCHEDULE, AS
SET FORTH IN THE RE-
VISED IMPACT FEE UP-
DATE STUDY; PROVID-
ING FOR CONFLICT AND
SEVE'RABILITY; PROVID-
ING FOR INCLUSION IN
THE CODE OF LAWS AND
ORDINANCES; AND PRO.
nD~~g,.";~~AD~~L:Y6~ I
!UNE 3D, 2006.
NOTE: All Persons wish-
ingto .pe~k on any
agenda item must regis.
ter wIth the County Ad-
ministrator prior to pre-
sentation of the agenda
Item to be addressed,
Individual speakl;lrs will
~ limited to 5 minutes
on' any item. The selec-
tion of an Individual to
'spe.ak on behalf of an
organization or group is
encounged. If recog-
I1lzed by the Chair, a
spokesperson for a
,grOUp or organization
rh~y be allotted 10 min.
utes to speak on an
Ifllm, "
P.ersons wiShing to
have Wil!tten or graphic
maferriliSlncludiilfln
the Board a~nda. pack-
ets must submit $aId
material a m/rIlmum of 3
weeks prior to the re,
$Pei=tlV4t pU!)Iij;hearlng,
l~rT:~~I~e~~":~
considered b)" the Board
shall be. sullmlttedto
the appf9Prlate County
staff II minimum of sev-
en darsprlor to the
pUblic llearl!lO,AU 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 9f the proceed-
ings pertaining thereto
and therefore, may
need to ensure that a
verbatim record of the
proceedings Is made,
which record 11lI,ludes
the testimony and evi-
dence upon which the'
appeal Is based,
BOARD OF COUNTY
COMMISISONERS
COLLIER COUNTY,
FLORIDA
FRANK HALAS, CHAIR-
MAN
DWIGHT E, BROCK,
CLERK
By: Ann Jennejohn, Dep,
uty Clerk
(SEAL)
May 12 No. 13!l1~
.
8b
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 aiW: 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. lfthe document is already complete with the
excCDtion of the Chainnan's sill\'lature, draw a line throullh routinlllines #1 through #4, comnlete the checklist and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinll order)
1. Carin Ie John.son CDES - AJrYllf\,'sttaHov1
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. Nonnal1y 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 slaff for additional or missing
infonnation, All original documents needing the Bee Chainnan's signature are to be delivered to the BCe 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
Phone Number
Agenda Item Number
Number of Original
Documents Attached
CoSq-
~6
I
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The do~ument was approved by the BCC on ~ ~to enter date} and all ~hanges
made during the meeting have been in~orporate in the attached document. The
Count Attorne 's Office has reviewed the ehan es if a lieabie.
(1{J
f\lA
AP
AP
I: Forms! County Forms! Bee Fonns! Original Documents Routing Slip WWS OriginaI9.03,04, Revised 1.26.05, Revised 2.24,05
2.
3.
4.
5.
6.
BE]
ORDINANCE NO. 2006- 25
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN 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 LAW ENFORCEMENT IMPACT FEE STUDY COST AND
CREDIT UPDATE"; AMENDING THE LAW ENFORCEMENT IMPACT
FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT
FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR A DELAYED
EFFECTIVE DATE OF SEPTEMBER 1, 2006.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on June 14,2005, the Board of County Commissioners adopted Ordinance
No. 2005-28, amending the Collier County Consolidated Impact Fee Ordinance, thereby
establishing the County's Law Enforcement Impact Fee rates; and
WHEREAS, on November 29, 2005, the Board of County Commissioners adopted
Ordinance No. 2005-66, amending the Collier County Consolidated Impact Fee Ordinance,
thereby revising the Law Enforcement Impact Fee rates schedule in order to utilize a tiered
residential impact fee rate schedule; and
WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of
construction and property acquisition, well above the national average, since Ordinance No.
2005-28 was adopted; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, and based on the above average changes in land and
construction costs, the County retained Tindale-Oliver and Associates, Incorporated (the
"Consultant"), to review the existing Law Enforcement Impact Fee cost and credit components
and recommend changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
Law Enforcement Impact Fee Study Cost and Credit Update," dated May 5,2006 (hereinafter the
"Study"); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to the Law Enforcement Impact Fee rate
schedule, as set forth in Schedule Ten of Appendix "A" of Chapter 74 of the Collier County
Code of Laws and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed impact fee rates in
order to more equitably distribute the costs of acquiring public facilities based upon a rational
Underlined text is added; Slniel; tflnJHgll text is deleted
88
nexus relating costs incurred by fee payers to infrastructure impacts created by residential land
uses; and
WHEREAS, staff has thoroughly reviewed the cost and credit calculations and findings
and concurs with the recommended changes to the Law Enforcement 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.
***
(10) Law enforcement facilities: "Collier County Law Enforcement Impact Fee
Study" dated September 15, 2005, prepared by Tindale-Oliver and Associates,
Inc., as supplemented by the "Collier County Law Enforcement Impact Fee Study
Cost and Credit Update," dated May 5, 2006, prepared by Tindale-Oliver and
Associates, Inc.
SECTION TWO. 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 THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall become effective September 1, 2006, subject to filing with the
Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, ~lo~da this ill!. day of ~, 2006.
',\ '
AXTEst '. . '2.
Dwigb,fE, Brock, Clerk
~~~ksc
! s t [ '4' i 'to Chi 1 r'I'i4ft Qeputy Clerk
S 1~n.3tu"t 011111I
Appr ved s form
and I a s L 1 ienc :
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~~~ ~
FRANK HALAS, Chal~~ --
Page 2 of4
~e
~Ja.~ J()~~'
'. S-I ~
; a-,
~ \) \ . l .'( IM'c A
~
~
Underlined text is added; Slruek tflrollgR text is deleted
APPENDIX A
88_
SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE
Land Use
Residential:
Single- Family:
Less than 1,500 square feet
1,500 to 2,499 square feet
2,500 square feet or more
Multi-Family
Mobile Home
Transient, Assisted, Group
HotellMotel
Nursing Home/ ALF
Recreational
Marina
Golf Course
Movie Theater with Matinee
Institutions
Hospital
Elementary School
Middle School
High School
Jr./Community College
University/College
Church
Day Care Center
Office and Financial
Office 50,000 sq ft or less
Office 50,001-100,000 sq ft or less
Office 100,001-200,000 sq ft or less
Office 200,001-400,000 sq ft or less
Office Greater than 400,000 sq ft
Medical Office
Retail
Specialty Retail
Retail 50,000 sq ft or less
Rate
$83.05
$93.31
$110.88
$285.48/dwelling unit
$317.55/dwelling unit
$346.42/dwelling unit
$ 171.61/dwelling unit
$237,36/dwelling unit
$48.81
$82.20
$11.56
$1,801.66
$163.26
$170,40
$+:+I-
~
$10.28
$11.99
$27.10
$13.67
$44&
$107.89
$92.48
$78.78
$66.79
$60.80
$135.30
$167.83
$271.45
Underlined text is added; Stn161( threj,jgh text is deleted
Page 3 of 4
$91.42/Room
$153.96/Bed
$27.26/Berth
$3.374.40/18 Holes
$867.66/Screen
$319.16/1,000 sq ft
$ 14.43/Student
$17.64/Student
$19.25/Student
$22.45/Student
$51.32/Student
$81.79/1,000 sq ft
$8.02/Student
$202.08/1,000 sq ft
$173.21/1,000 sq ft
$147.55/1,000 sq ft
$125.10/1,000 sq ft
$113.87/1,000 sq. ft
$253.40/1,000 sq ft
$314.34/1,000 sq ft
$508.40/1,000 sq ft
Land Use
Retail (continued)
Retail 50,001-100,000 sq ft
Retail 100,001-150,000 sq ft
Retail 150,001-200,000 sq ft
Retail 200,001-400,000 sq ft
Retail 400,001-600,000 sq ft
Retail 600,001-1,000,000 sq ft
Retail greater than 1,000,000 sq ft
Pharmacy/Drug Store w/Drive- Thru
Home Improvement Superstore
Quality Restaurant
High Turnover Restaurant
Fast Food Rest. w/Drive- Thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
Convenienee Store/Gas/Fast Food
}\\:lto Repair
Tire Store
New/Used Auto Sales
Self Service Car Wash
Bank/Savings: Walk-in
Bank/Savings: Drive-in
Industrial
General Industrial
Business Park
Mini- Warehouse
88
Rate
$255.18 $477.93/1,000 sq ft
$276.58 $518.03/1,000 sq ft
$259.46 $485.95/1,000 sq ft
$225.21 $421.80/1,000 sq ft
$233.77 $437.84/1,000 sq ft
$232.06 $434.63/1,000 sq ft
$203.80 $381.70/1000 sq ft
$197.81 $370.48/1...000 sq ft
$221.35 $420.20/1,000 sq ft
$685.04 $1.283.04/1,000 sq ft
$733.85 $1.374.46/1,000 sq ft
$948.78 $1.777.01/1,000 sq ft
$209.79 $392.93/Fuel Position
$94.19 $ 176.42/Bay
$191.38 $364.06/1,000 sq ft
$113.59 $774.64/1000 sq ft
$599.41 $1.122.66/Fuel Position
$674.76/1,000 sq [t
$337.38$/1,000 sq ft
$139.58 $261.42/Bay
$162.70 $304.72/1,000 sq ft
$166.98 $312.74/Bay
$188.39 $352.84/1,000 sq ft
$153.28 $287.08/1,000 sq ft
$53.09
$77.07
~
$99.44/1,000 sq ft
$144.34/1,000 sq ft
$11.23/1000 sq ft
Underlined text is added; Stwek tAfOlolgA text is deleted
Page 4 of 4
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 2006-25
Which was adopted by the Board of County Commissioners
on the 23rd 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 24th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~LJk
Teresa Dillai~d,
Deputy Clerk ,
/ 86
MEMORANDUM
Date:
May 25,2006
To:
Lisa Hendrickson
Transportation
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-134
CAT Bus Fares
Enclosed please find one (1) copy of the document, as referenced above
(Agenda Item #8C) approved by the Board of County Commissioners on
Tuesday, May 23, 2006.
Thank you.
Enclosure (1)
Be
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h,Uld 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
8e
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 # 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-
--,. .--.," '. ..,~' 'M"'~__". _.,_,'," .~..._.,.. -..
2.
.---------...--------.--
3,
-
4. ;;Co+-I- T€Qc~ o :)S i S'~Yl..+ Cof)t1~ k#oRf\ ,,- " SiK~t)
'v , . "
I
5, Sue Filson, Executive Manager Board of County Commissioners l
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT 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 or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee otlice only after the BeC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
tie YlJ (-J C ks:oY1..
'5' /-:lS ~ <.:.
~sa !ufJof\- do - 3
Phone Number <.1-
cJ- / -; :;- ?'f(
Agenda Item Number
cJ J3.~ )''8 glJ
8C-
I
Yes
(Initial)
NI A (Not
A licable)
! Ie' ..,
""0 C>.~I
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be awa e of our deadlines!
The document was approved by the BCC on 3 k (enter date) and all changes
made during the meeting have been incorpora ed i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
'81t
. > v"\-t- +0
co-\-~
~o..~
2.
3,
4,
5.
6.
3i4
crt
(;:J4
J4A
l: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
8e
RESOLUTION NO. 2006- 134
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AN INCREASE TO THE COLLIER AREA
TRANSIT (CAT) BUS FARES.
WHEREAS, this BOARD has the authority to approve an increase to the Collier Area Transit
(CAT) bus fares; and
WHEREAS, the public has been afforded an opportunity to offer comment on the fare
increases proposed by County staff and those public comments have been fully considered;
NOW THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners, Collier
County, Florida, that:
1. Collier Area Transit (CAT) is hereby authorized to increase bus fares in accordance
with the below schedule:
Base Fare
Reduced Fare for Elderly and Children under 17 years of age
Pass
$1.00
$.50
$1.00
$.50
Free
$3.00
$1.50
$30.00
$15,00
$2,00
$1.00
$60.00
$30.00
$10,00
$1.25
$.60
$1.25
$,60
Free
$4,00
$2,00
$35.00
$17,50
$2.50
$1.20
$70,00
$35.00
$10,00
2, Any decision to terminate the increase shall first require approval by the Board of
County Commissioners as an agenda item.
3, This Resolution shall be effective immediately upon signature by the Chairman.
This Resolution adopted after motion, second and majority vote favoring same, this
23rd day of May, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: .-??:~___
Frank Halas, Chairman
Item # 'i(c..
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COLLER.MEA 'l'RAHSrr
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Primary BUline&6 Ar1cIms
2901 COUNTY BARN
ROAD "
, NAPLES FL, 34112
Phone: 239-649"()228
pax.; 239"649..04CS4
B-maic
OMARDBLBON@COLLIERGOV.NET
Fax Transmittal Form .
To 11 '"'\ - &.(cuc)
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. Organiution N'amelDept: · .
CC:
Phol1O number:
Fax lI\UIJber:
Fro.m
Omar Deleon
Urgenl
For IllYi,.
Plebs, Comment
Pleasa Raply
Phono;239-64~~228
F~ 239-649~04lS4
E-mail: OMAR.DBLBON@COWEROOV.NE1.
Datcscnt:~ '8. ~c:..
Time SCl1t
Number of pages includina cover page: ~
Menage:
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, Napl.. Bath &litnnll Club
4I96'AlrpoFt Roa~ North, Naples, FL
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beac1M:1ub w/amealtkS. Walk to Clam Pass
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. :,' LEGAL ADVERTISEMENT
, -:::" NO'TICE OF :POBLIC HEARING
'. 'PROPOSED COLLIER AREA TRANSIT
:. .t=ARE lNCREAS'E'
. .' I""':
, "'N01.i~ is b~by given that a _ ,will be held by Collier County for the purpose of considcrina' a proposed Collier
.~ .~;~~itFare~. , . ...."..., '" .
The hcaririg wiil be held at 9:00 am, on May 13, '2006, at Collier County Government Center
3301 East Tamiami Trail, Naples;FL 34112 ' ,
. " . .
Tho cUrmrt'ab4propOsed"~.js,as:~o~~s:, . ':, '::.,
",.,', :-::::t>:/)::,
''.$'.50'" ',$,~60'
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At the hearirig. eoUiD!' C01.IDty will afford an oppprtUn1ty to inte:restAld persons or agencies to be'heard with respect to the
social aneS e<:onomic aSpectI of the Proposed'Fate inC1'Cl8se. ' "
. . ',',
Interested 'persons or agencieS may submit, orally or in writina, e'Videncc and recommendations with respect to said '
,proposed Fare increas,e. '. ' . '
PLEASE SUBMIT ANY WRITTEN COMMENTS'TO:
COLUBR AREA TRANSIT
2901 COUNTY BARN ROAD
NAPLES; FL 34'112
" .
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DATE:
TO:
FROM:
RE:
MEMORANDUM
May 18, 2006
Kay Nell, CLA
County Attorney's Office
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
Resolution 2006-133
~ 9A
Enclosed please find one (1) copy of the documents, as referenced
above (Agenda Item #9A) approved by the Board of County
Commissioners on Tuesday, May 23, 2006.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Enclosures
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 documcnt Original documcnts should bc hand delivered to the Board Officc. The completed routing slip and original
documents are to be forwarded to the Board Oft'ice only after the Board has taken action on the item)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routin!! lines # I through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT 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 BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact County Attorney's Office
Agenda Date Item was May 23, 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 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 Iicable)
2,
3.
4,
5,
6,
'\
" f(J
'---'"
N/A
(
Ck)
(~)
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 2006-133
a 9A
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY TO REAPPOINT MEMBERS TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
WHEREAS, the Board of County Commissioners of Collier County, Florida adopted
Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency
pursuant to Section 290.001, et seq., Florida Statutes; and
WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone
Development Agency shall consist of not fewer than eight (8) or more than thirteen
(13) members; and
WHEREAS, there are currently vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Eva J. Deyo, representing the Resident category, is hereby reappointed to the
Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire
on April 4, 2010.
2. Captain Tom Davis, representing the Local Law Enforcement category, is hereby
reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term,
said term to expire on April 4, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: May 23, 2006
ATTEST:':.,
DWIGtrf .~;;e'ROCK, Clerk
'- ~ . . . I, "" -\.:.. ' . ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
"; Def3u~i\.~ k
Atttst,~ at ::,~. -ch. 11'11411 s
Signature onlll
Dc
By: ~~...-
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
-A4~ -ob/ /' I J1
David C. Weigel ~--
County Attorney
Item# gft
Ag?nda 5'-23 -do
Dal(:;
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9C
EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is made
and entered into this 23rd day of May, 2006, by and between COLLIER COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter
referred to as "COUNTY") and CAROLYN SUE FILSON (hereinafter referred to as
"EMPLOYEE"), both of whom understand as follows:
WITNESSETH:
WHEREAS, from 1989 to 2006 Carolyn Sue Filson has served Collier County in her
capacity as office manager for the Board of County Commissioners (sometimes referred to herein as
the "Board" or the "BCC") and has demonstrated the professional and administrative competence
desired by the COUNTY; and
WHEREAS, the COUNTY desires to continue to employ the services of EMPLOYEE as the
Executive Manager to the Board of County Commissioners; and
WHEREAS, EMPLOYEE desires to continue her employment as the Executive Manager to
the Board of County Commissioners; and
WHEREAS, it is the desire of the COUNTY (1) to secure and retain the services of
EMPLOYEE and to provide inducement for her to remain in such employment; (2) to make
possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to
employment security; and (3) to provide a specific term for the employment with a just means for
terminating EMPLOYEE's services.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for
other such good and valuable consideration, the receipt of which the parties hereto expressly
acknowledge, the parties covenant and agree to the following terms and conditions:
Section 1.
Duties:
EMPLOYEE is hereby employed as, and shall have the authority, duties and responsibilities
of, Executive Manager to the Board of County Commissioners' office, EMPLOYEE shall act as
office manager to the Board of County Commissioners (Board). EMPLOYEE shall report directly
to the Board and shall have sole responsibility for the employment and management of the
administrative staff and operation of the Board of County Commissioners' Office. EMPLOYEE's
general job description is attached as Exhibit 1.
In addition, EMPLOYEE is considered essential personnel and is required to be on site and
participatory during an emergency event or meeting. EMPLOYEE shall also develop written
policies for the day to day business of the office and such policies shall be approved by the Board.
EMPLOYEE is responsible for training new administrative staff and ensuring that duties are equally
distributed. EMPLOYEE shall either redistribute the responsibilities and workload of a
1
9C
Commissioner's Aide if the Aide is ill or on an excused absence and no temporary replacement is
available or EMPLOYEE shall assume the absent Aide's responsibilities.
Section 2.
Administrative Staff:
As stated in Section 1 above, EMPLOYEE shall have sole responsibility for the employment
and management of the administrative staff, i.e., Commissioner Aides and Receptionist. The job
descriptions of the Administrative staff are attached as Exhibit 2. Administrative staff shall have
the same benefits including without limitation, all salary adjustments, cost of living increases and
merit pay consideration as employees under the County Manager agency and shall follow the same
personnel rules and procedures as adopted by the County Manager as they currently exist or may be
revised from time to time (the words "Executive Manager to the Board of County Commissioners"
shall replace "County Manager" or "County Administrator" where applicable) except CMA 5351
entitled Discipline and CMA 5350 entitled Commitment to Fair Treatment. EMPLOYEE shall
work with the Office of the County Attorney to develop a Discipline policy which shall be brought
back to the Board for approval. With Board approval, EMPLOYEE may also elect from time to
time to opt out of County Manager rules and procedures or change those rules and procedures that
would otherwise apply to administrative staff.
EMPLOYEE acknowledges and agrees that Commissioner Aides may freely meet with the
Commissioners to whom they are assigned to discuss issues or carry out assignments without the
permission or knowledge of EMPLOYEE. Administrative staff shall be evaluated for purposes of
performance appraisals and merit pay consideration by the EMPLOYEE in conformity with criteria
and procedures as set forth in the Policies and Procedures of the County Manager agency after
consultation with any Commissioner(s) to whom any particular staff member may be assigned. Any
conflict between a Commissioner and EMPLOYEE regarding the evaluation of an administrative
staff member shall be resolved by the full Board of County Commissioners,
Section 3.
Term of Emplovment:
A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of
four (4) years and to neither accept other employment nor to become employed by any other
employer until termination of employment pursuant to this Agreement. The term of this Agreement
runs from May 23, 2006 through May 23,2010.
B. Nearing the conclusion of the employment period stated herein and any applicable
extensions, this Employment Agreement may be re-negotiated by the COUNTY. The EMPLOYEE
shall be given one hundred eighty (180) days notice of Board's intent to re-negotiate the Agreement
or to allow the Agreement to expire without re-negotiation. In the event the Board does not give
notice to re-negotiate the Agreement shall expire and no salary, deferred compensation severance
payment nor insurance benefits shall be provided EMPLOYEE or her dependents upon the
expiration of the Agreement. Elements of this Agreement may be changed at any time when
mutually agreed upon by the COUNTY and the EMPLOYEE.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the COUNTY to terminate the services of EMPLOYEE at any time, subject only to the provisions
set forth in Section 6 of this Agreement.
2
9C
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the EMPLOYEE to resign at any time from her position with COUNTY, subject only to the
provisions set forth in Section 7 of this Agreement.
Section 4.
Suspension:
COUNTY may suspend the EMPLOYEE with full pay and benefits at any time during the
term of this Agreement, but only if:
A.
A majority of the Board and EMPLOYEE agree, or;
B.
After a public hearing, a majority of the Board votes to suspend EMPLOYEE for just
cause, provided, however, that EMPLOYEE shall have been given written notice
setting forth any charges at least ten (10) days prior to such hearing by the Board of
County Commissioners' member(s) bringing such charges, Just cause shall include
only willful misconduct or wi11ful failure or disregard of EMPLOYEE's duties under
this Employment Agreement.
Section 5.
Salary:
A. COUNTY agrees to pay EMPLOYEE for her services rendered pursuant hereto an
annual base salary of $67,075,00 payable in biweekly installments.
B. COUNTY and EMPLOYEE agree that the attached Action Plan (Exhibit 3), criteria
in Section 9, and the attached Job Description shall be used to evaluate the EMPLOYEE's
performance. Such annual performance based merit adjustment shall not exceed a maximum of ten
percent (10%) of the EMPLOYEE's annual base salary. The minimum increase for satisfactory
performance under such performance based merit system wi11 equal the average percentage salary
adjustment provided to all County employees for the given fiscal year or three percent (3%)
whichever is greater. All such merit adjustments shall be included in the EMPLOYEE's base salary
or provided as a one-time lump sum bonus, as determined by the COUNTY.
C. On the date that general wage adjustments (i.e., cost of living adjustments, special
study pay adjustments, etc.) are granted generally to Collier County employees, EMPLOYEE's base
salary shall be modified to reflect the general wage adjustment granted to other County employees.
Section 6.
Termination and Severance Pay:
A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this
Agreement as follows:
1) In the event that EMPLOYEE is convicted of any felony or of any crime
involving moral turpitude, COUNTY may terminate EMPLOYEE without notice and
without any obligation to pay the severance pay designated in this Section.
2) Except as set forth in Subsection 6.A.l above, in the event the COUNTY desires
to terminate EMPLOYEE during such time that EMPLOYEE is wi11ing and able to perform
3
9C
the duties of Executive Manager to the Board of County Commissioners, COUNTY may do
so only in the following manner:
a) A resolution of intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of three fifths of the entire membership of the Board only after said
resolution has been placed on the agenda of a regularly scheduled Board meeting and
where said agenda item has been included as a part of the published agenda of the
Board meeting,
b) Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (14) days thereafter.
The resolution terminating EMPLOYEE shall require an affirmative vote of three
fifths of the entire membership of the Board for adoption. In the event of termination,
such termination shall be effective at such time and upon such conditions as may be
set by the Board in the resolution terminating EMPLOYEE.
B. In the event of termination in accordance with the procedures set forth in Subsection
6.A.2, COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a
lump sum cash payment equal to six (6) months aggregate salary within ten (10) working days after
the effective date of termination.
EMPLOYEE shall also be compensated in accordance with CMA #5360 - Leaves of
Absence for all vacation, holidays, and other accrued benefits to date. EMPLOYEE's individual
health, dental and term life insurance and dependent health insurance benefits shall be provided for
a period of six (6) months after termination.
Section 7.
Resi2nation:
In the event EMPLOYEE voluntarily resigns her position with COUNTY, before expiration
of the aforesaid term of her employment, the EMPLOYEE shall give COUNTY sixty (60) days
notice in advance. If EMPLOYEE voluntarily resigns, providing COUNTY with less than sixty
(60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and
owmg.
Section 8.
Disabilitv:
If EMPLOYEE is permanently disabled or is otherwise unable to perform her duties because
of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks
beyond any accrued leave, COUNTY shall have the option consistent with applicable law to
terminate this Agreement, subject to the severance pay requirements of Section 6.B.
Section 9.
Performance Evaluation:
The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance
with the performance-based merit system as provided in Section 5, Written evaluations based on
said performance system will be provided by each County Commissioner to EMPLOYEE prior to
October 1, 2006, and prior to each October 1 SI thereafter for the term of this Agreement A
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9C
summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and
placed on the Board agenda for the last meeting in September for the term of this Agreement A
merit system wage adjustment will take effect on October 1, 2006 and each October 1 st thereafter
for the term of this Agreement An updated Action Plan for EMPLOYEE will be developed in
good faith between the Board of County Commissioners and EMPLOYEE and adopted by the
Board prior to October 1 st of each fiscal year for implementation in the next fiscal year.
EMPLOYEE's performance evaluation shall be based upon, but not be limited, to the
following criteria:
(a) Whether EMPLOYEE fosters a "team environment" and regularly demonstrates the
ability to work in cooperation with co-workers and others on the job.
(b) Whether EMPLOYEE exhibits helpful, courteous and appropriate conduct towards
customers and others,
(c) Whether EMPLOYEE accepts advice and constructive feedback agreeably and
modifies behavior.
(d) Whether EMPLOYEE acts in a professional manner and promotes the concept of
professionalism with the public, BCC staff, constitutional officers and co-workers by
portraying a positive demeanor and engaging in activities that instill confidence and
respect for the BCC and BCC office.
(e) Whether EMPLOYEE's behavior towards co-workers demonstrates positive support
and respect
(D Whether EMPLOYEE attends at least two pre-approved government related
conferences annually, at least one of which will relate to management skills, and share
conference notes and information with administrative staff and Commissioners.
(g) Whether EMPLOYEE provides encouragement, guidance and direction to
administrative staff with regard to development and improvement
(h) Whether EMPLOYEE coaches, counsels and helps administrative staff overcome job
problems and develop career plans,
(i) Whether EMPLOYEE maintains the confidence and trust of the Commission by not
divulging information or discussing information with inappropriate parties,
G) Whether EMPLOYEE participates in emergency events and meetings, filling whatever
role deemed necessary in an emergency situation.
(k) Whether EMPLOYEE enables administrative staff to achieve potential career
progression by encouraging and allowing attendance at appropriate relevant
conference and classes.
Commissioners may solicit input from any source, internal or external, when conducting the
EMPLOYEE's performance evaluation
Section 10. Hours of Work:
All duties required hereunder shall be performed by the EMPLOYEE personally, or through
the assistance of such Board of County Commissioners' office employees as may be made available
from time-to-time by the County and concerning which EMPLOYEE shall assume full
responsibility; provided, however that nothing herein shall be deemed to absolve the EMPLOYEE
of personal responsibility for the duties set forth herein. The EMPLOYEE shall be "on-call"
5
9C
twenty-four (24) hours a day, available to perform said duties and agrees to make herself available
as needed during said period, The manner and means of performance of the duties herein shall be
determined by the EMPLOYEE. All acts performed by the EMPLOYEE, explicitly or implicitly,
on behalf of the County, within the scope of her employment, shall be deemed authorized by the
County as its agent, except that any act which constitutes willful misconduct or which may be
unlawful shall be deemed to be an individual act of the EMPLOYEE without authority of the
County.
Section 11. Insurance. Vacation. and Sick Leave:
A. COUNTY agrees to maintain in force for EMPLOYEE all health, life insurance or
other insurance policies provided by COUNTY to its other employees.
B. EMPLOYEE shall continue to accrue vacation, personal leave and sick days at the
same rate as other County employees. EMPLOYEE is highly encouraged to utilize her vacation
leave days not only for the EMPLOYEE's individual health and welfare, but also for the increased
effectiveness, and efficiency of the County as a whole. Unused vacation leave will be paid at
EMPLOYEE's current rate of salary upon termination, resignation or contract expiration.
C. COUNTY agrees to put into force and to make required premium payments for
EMPLOYEE for insurance policies for life, accident, disability income benefits, major medical, and
dental, and dependent's coverage group insurance covering EMPLOYEE and her dependents. Term
life insurance for EMPLOYEE shall be provided at a level of three times (3x) EMPLOYEE's annual
base salary. Disability insurance income benefits shall be at fifty percent (50%) of EMPLOYEE's
annual base salary. EMPLOYEE shall continue to have the option of participating in the County
Leave Bank.
D. EMPLOYEE's sick leave days accrued prior to being capped on August 2, 1996 shall
be paid out to EMPLOYEE pursuant to the County policy in effect on August 2, 1996, as follows:
EMPLOYEE's sick leave payout for sick leave days accrued prior to August 2, 1996, shall be
calculated in accordance with the COUNTY's policy for such payouts. EMPLOYEE shall be paid
these monies within fourteen (14) days after execution of this Agreement, provided that to the
maximum extent allowed by law, these monies shall first be paid to EMPLOYEE's deferred
compensation (i.e., 457 account) with any remainder to be paid just as other wages to EMPLOYEE.
E. EMPLOYEE's sick leave days accrued between August 2, 1996 and the effective date
of this Agreement shall continue to exist, be credited, and administered by the County policy in
effect subsequent to August, 1996.
F. All provisions of law and regulations and rules of the COUNTY relating to holidays
and other fringe benefits and working conditions as they now exist, or hereafter may be amended,
shall also apply to EMPLOYEE in the manner that they apply to other employees of the COUNTY,
in addition to benefits specifically enumerated in this Agreement.
G. COUNTY agrees that annually, on the EMPLOYEE's anniversary date of
employment with the County, the EMPLOYEE will be paid for all hours of accrued vacation leave
that exceed three hundred-sixty (360) hours,
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Section 12. Retirement:
EMPLOYEE shall continue to participate in the Florida Retirement System and receive the
same privileges and contributions as she received prior the execution of this Agreement. COUNTY
agrees to execute all necessary agreements provided by ICMA Retirement Corporation (ICMA-RC)
or NACO Public Employees Benefit Services Corporation (as determined by EMPLOYEE) and the
Florida Retirement System for EMPLOYEE's continued participation in said retirement plans.
Section 13. Dues and Subscriptions:
COUNTY agrees that the public is served by EMPLOYEE's participation in professional
organizations that enhance her professional development and in community organizations through
which EMPLOYEE can enhance the level of service provided to the COUNTY and its citizens,
COUNTY will budget for and pay for professional dues and subscriptions of EMPLOYEE
necessary for her continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for her continued professional participation,
growth, and advancement, and for the good of the COUNTY.
Section 14. Professional Development:
COUNTY agrees to budget for and to pay for travel and subsistence expenses of
EMPLOYEE for short courses, institutes, and seminars that are necessary for her professional
development and for the good of the COUNTY.
Section 15. Bondinl!:
COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE
under any law or ordinance.
Section 16. Other Terms and Conditions of Emplovment:
A. COUNTY shall provide EMPLOYEE at COUNTY expense a cell phone and any
necessary cellular service for use in carrying out EMPLOYEE's duties and responsibilities.
COUNTY shall also provide EMPLOYEE at COUNTY expense a laptop computer and any
necessary related service for use in carrying out EMPLOYEE's duties and responsibilities. Upon
the termination of this Agreement, for whatever reason, EMPLOYEE shall immediately return the
cell phone, the laptop computer and any related equipment to the COUNTY. EMPLOYEE
acknowledges that these services are generally for COUNTY business and that any personal use
shall be paid proportionately by the EMPLOYEE.
B, COUNTY, in consultation with the EMPLOYEE, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance of
EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement or any other law.
7
9C
Section 17. Notices:
Notices pursuant to this Agreement shall be in writing, transmitted by personal service or by
deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) COUNTY:
Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
(2) EMPLOYEE:
Carolyn Sue Filson
10 1 27th Street SW
Naples, Florida 34117
Section 18. General Provisions:
A The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of EMPLOYEE.
C. This Agreement is a personal services contract and neither this Agreement nor
EMPLOYEE's obligations under this Agreement are assignable.
D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall
be deemed severable, shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida
has caused this Agreement to be signed and executed in its behalf by its Chairman, and duly attested
by its Clerk to the Board, and the EMPLOYEE has signed and executed this Agreement, the day
and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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FRANK HALAS, CHAIRMAN
8
9C
EMPLOYEE
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Carolyn Su llson
Approved as to form and
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Michael W. Pettit
Chief Assistant County Attorney
04-BCC-OI199/485
Item # q C.-
Agenda S ;2.3 -rJ,
Date
9
9C
Code: 90008
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
EXECUTIVE MANAGER TO THE BCC
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide administrative assistance support to the Board of County Commissioners
(BOCC). Work involves providing and managing clerical and administrative support functions at the highest level of
County government. Employees in this class are in highly visible positions requiring frequent communication with all
levels of County government, external agencies and businesses, the media, and the general public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classification.
Other duties may be required and assigned.
Maintains calendars for the BOCC; schedules and prepares for meetings, public petitions, workshops, and/or public
hearings; places advertisements and public notices as applicable; and handles all logistical arrangements pertaining to
the preparation and set up for the scheduled meetings/event.
Maintains frequent communication with all levels of County government, external agencies, local businesses,
community groups, the media, constituents, and the general public. Coordinates the collection and/or distribution of
information pertaining to BOCC activities.
Prepares reports, correspondence and other documents upon request. Prepares legal advertisements, BOCC change
sheets and other materials needed for scheduled meetings.
Coordinates advisory committees and/or task forces initiated by the BOCC. Maintains lists of members, monitors
term expirations where applicable; coordinates meeting schedules; and tracks project status, due dates, scheduled
presentations, etc.
Provides guidance to new Commissioners regarding County resources, business practices, policies and procedures.
Makes reservations and travel arrangements; and coordinates logistical arrangements for meetings (Le. conference
rooms, catering, etc.)
Supervises subordinate clerical staff. Supervises, directs, and evaluates assigned staff, processing employee concerns
and problems, directing work, counseling, disciplining, and completing employee performance appraisals.
Prepares, presents and monitors the Board budget.
Establishes and maintains a variety of files and records, to include both automated and manual files.
Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential
functions, to include the use of word processing, spreadsheet, database, or other system software.
EXHIBIT
@ DMG-MAXlMUS, INe.
Page 1 I
I
Last Revised: July, 2001
9C
Collier County, Florida · Executive Manager to the BeC
90008
ADDITIONAL FUNCTIONS
Performs other related duties as required.
MINIMUM QUALIFICATIONS
High school diploma or GED, supplemented by additional secretarial and business coursework; and five years of
progressively responsible experience performing executive secretarial work; or any equivalent combination of
education, training, and experience which provides the requisite knowledge, skills, and abilities for this job.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory
capacity .
Eauipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and
information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the
ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret
graphs.
Functional Reasonine:: Requires the ability to apply principles of influence systems, such as motivation, incentive, and
leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasonine:: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
Leadership:
Customer Service:
Financial Accountability:
ADA COMPLIANCE
Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks
may involve extended periods oftime at a keyboard or workstation.
@ DMG-MAXIMUS, INC.
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Last Revised: July, 2001
Collier County, Florida. Executive Manager to the BCC
90008
Sensorv Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals.
Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
~ DMG-MAXIMUS, INC.
Page 3
Last Revised: July, 200]
9C
9C
Class Code
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
EXECUTIVE AIDE TO THE BCC
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide professional administrative, managerial and analytical support to the
Board of County Commissioners.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classification.
Other duties may be required and assigned. .
Provides written/verbal reports to Commissioners regarding significant issues and requests from the citizens of Collier
County; reviews reports and correspondence submitted to the Board of County Commissioners and determines/initiates
appropriate action/response; presents possible solutions to challenges/problems.
Responds to queries from citizens in a professional, timely manner.
Promotes Collier County Government to individuals/organizations by demonstrating a positive attitude and high level
of customer service.
Monitors, coordinates, or conducts various projects as assigned; discusses projects with parties involved; gathers
proposals and provides recommendations; tracks status and costs of projects.
Compiles or monitors administrative and/or statistical data pertaining to County operations, projects, and programs;
analyzes data and identifies trends; summarizes data and prepares reports.
Assists with development and administration of departmental budget; monitors expenditures to ensure compliance with
approved budget.
Prepares or completes various forms, reports, correspondence, presentation materials, spreadsheets, newsletters, or
other documents.
Receives various forms, reports, correspondence, operational reports, statistical data, proposals, laws, statutes, codes,
ordinances, policies procedures, manuals, reference materials, or other documentation; reviews, completes, processes,
forwards or retains as appropriate.
Operates a personal computer, general office equipment, or other equipment as necessary to complete essential
functions, to include the use of word processing, spreadsheet, database, presentation, desktop publishing, e-mail,
Internet, or other computer programs.
Communicates with County officials, other departments, employees, government agencies, local businesses,
community organizations, the public, outside agencies, and other individuals as needed to coordinate work activities,
review status of work, exchange information, resolve problems, or give/receive advice/direction.
Attends meetings, serves on committees, and makes presentations as needed.
EXHIBIT
~
Page 1
Last Revised: April,2004
I
9C
Collier, County, Florida · Executive Aide to the BCC
90021
Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends
and advances in the profession; reads professional literature; attends workshops and training sessions as appropriate.
ADDITIONAL FUNCTIONS
Performs general/clerical tasks, which may include answering telephone calls, greeting visitors, making copies,
sending/receiving faxes, filing documentation, or processing incoming/outgoing mail.
Provides assistance to other employees or departments as needed.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Bachelor's degree in Public Administration, Business Administration, or closely related field; supplemented by three
(3) years previous experience and/or training that includes project management, budgetary review, public speaking,
public interaction, office administration in a municipal environment, and personal computer operations; or any
equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and
abilities for this job.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating
activities ofa project, program, or designated area of responsibility.
EauiDment.. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal ADtitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data
and information.
Mathematical ADtitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes,
weights, and measures.
Functional Reasonine:: Requires the ability to apply principles of influence systems, such as motivation, incentive,
and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasonine:: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
@ DMG-MAXIMUS, INC.
Page 2
Last Revised: April,2004
Collier, County, Florida. Executive Aide to the BCC
90021
Leadershio:
Customer Service:
Financial Accountabilitv:
ADA COMPLIANCE
Physical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks
may involve extended periods of time at a keyboard or work station.
Sensory Reauirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some
tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
@ DMG-MAXIMUS, INe.
Page 3
Last Revised: April, 2004
9C
....\ ...~
9C
Code: 90009
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
ADMINISTRATIVE AIDE TO THE BCe
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide highly responsible, confidential and complex secretarial and
administrative duties for the Board of County Commissioners (BCC); to coordinate administrative office support
functions and activities; and to provide professional, effective and efficient public service assistance to the general
public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classification.
Other duties may be required and assigned.
Perfonns a wide variety of complex, responsible, and confidential duties for the BCC.
Serves as a liaison between supervisor and County staff, Board members, and the public; screens calls, visitors, and
mail. Coordinates Advisory Board Review annually. Attends meetings for Commissioners upon request.
Coordinates office support functions and activities of the BCC's office.
Researches, compiles, and analyzes data for special projects and various reports. Administers special projects and
activities as assigned. Prepares budgets and reviews expenditures.
Interprets County and departmental policies, rules, and regulations in response to inquiries; refers inquires as
appropriate.
Recommends organization or procedural changes affecting secretarial and clerical support activities particularly in the
areas of record keeping systems, forms control, office layout, and office procedures. Initiates and maintains a variety of
files and records. Types a variety of materials including general correspondence and memoranda.
Participates in the selection, supervision, training, and evaluation of clerical staff. Reviews and coordinates items for
signature. Assists supervisor with routine payroll, personnel, and purchasing duties as assigned. Responds to letters and
general correspondence of a routine nature.
Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential
functions, to include the use of word processing, spreadsheet, database, or other system software.
ADDITIONAL FUNCTIONS
Prepares travel arrangements, maintains appointment schedules and calendars, arranges meetings and conferences, and
takes meeting minutes.
Performs other related duties as required.
(Q DMG.MAXIMUS, INC.
Page 1
Last Revised: March, 2004
9C
I.'"
Collier County, Florida · Administrative Aide to the BCC
90009
Code:
MINIMUM QUALIFICATIONS
High school diploma or GED; with additional specialized coursework in secretarial and business administration;
supplemented by three years of progressively responsible experience performing secretarial and clerical work, including
some lead supervisory responsibilities; or any equivalent combination of education, training, and experience which
provides the requisite knowledge, skills, and abilities for this job.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
lncludes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identitY and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory
capacity.
Equipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and
informati on.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes,
weights, and measures.
Functional Reasoninl!: Requires the ability to apply principles of influence systems, such as motivation, incentive, and
leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoninl!: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
Leadership:
Customer Service:
Financial Accountabilitv:
ADA COMPLIANCE
Physical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks
may involve extended periods of time at a keyboard or workstation.
Sensory Reauirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals.
Some tasks require the ability to communicate orally.
@ DMG-MAXIMUS, INC.
Page Z
Last Revised: March, 2004
Collier County, Florida · Administrative Aide to the BCC
90009
Code:
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
@ DMG-MAXIMUS, INC.
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Last Revised: March, 2004
9C
9C
FY 2006 Action Plan
Carolyn Sue Filson, Executive Manager to the Board
of County Commissioners
The following Action Plan has been developed in an effort to provide clear
expectations for the Executive Manager to the Board of County Commissioners for the
period from May 23, 2006 through September 2006. The Action Plan is based on the
broad areas generally expected to be performed by the Executive Manager.
At the conclusion of the fiscal year, the Board of County Commissioners will be asked
to perform an annual evaluation of the Executive Manager's performance by rating
each of the following performance objectives utilizing the following rating factors.
Individual evaluations will be totaled and averaged to determine the Board's collective
position.
Type of Evaluation:
Annual
_ Special Reason
Time in Classification:
Review Dates:
to
****************************************************************************
RATING FACTORS:
Exceptional =
5
Highly Successful
=
4
Successful
=
3
Development Required
=
2
****************************************************************************
TOTAL RATING:
Employee
Date
****************************************************************************
Evaluation Rating Document
EXHIBIT
I
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Evaluation Ratinq Document
ACTION PLAN 2006-2007
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Key Results Area Measure Rating
BUDGET AND OTHER FISCAL Prepare and present the budget to the Board of County
ISSUES Commissioners during budget hearings; Timely and
accurately administer and monitor the budget
throughout the fiscal year, including review of all Field
Purchase Orders and Purchase Orders; approve all
purchases for the Board of County Commissioners
office; seeks the best solutions and business practices to
ensure fiscally responsible, mutually beneficial
decisions on behalf of the taxpayers and the County
Comments regarding for Budget and Other Fiscal Issues
PERSONNEL RELATED ISSUES Interview, hire, supervise, train, evaluate, discipline and
coordinate activities of administrative staff of the Board
of County Commissioners' office and keep affected
commissioners informed of decisions; foster a "team
environment" and regularly demonstrate the ability to
work in corporation with co-workers and others on the
job; behavior towards co-workers demonstrates positive
support and respect; provide coaching, counseling,
mentoring, encouragement, guidance and support of
employees' own personal development and
improvement efforts; conduct weekly staff meetings
with the Administrative staff of the Board of County
Commissioners' office; inspire and motivate employees
to embrace the vision and mission statement and to
perform to the highest degree possible; sets aggressive
goals and objectives for employees, holds employees
accountable and evaluates performance
9C
:::.:'frr
ACTION PLAN 2006-2007
.y
1\:
Key Results Area Measure Rating
Comments regarding Personnel Related Issues
ADVISORY BOARDS Coordinate advisory committees and/or task forces
initiated by the Board of County Commissioners,
including sending out letters of term expirations, press
releases, coordinating with Elections to ensure they are
electors, coordinating with staff for recommendations,
preparing executive summaries and presenting to the
Board of County Commissioners at meetings, notifying
all applicants of appointments, maintain current
membership lists, maintain up-to-date files on all
advisory committees and schedule and prepare New
Service Awards and Outstanding Member Programs;
act as Liaison with the Division of Elections for
reporting Minority and Physically Disabled
Appointments
Comments regarding Advisory Boards
CUSTOMER SERVICE I Exhibit helpful, courteous and appropriate conduct
COMMUNICA nONS towards customers and others; act in a professional
manner and promote the concept of professionalism
with the public, BCC staff, constitutional officers and
co-workers by portraying a positive demeanor and
engaging in activities that instill confidence and respect
for the BCC and BCC office; acts as an ambassador of
Collier County Government both inside and outside of
the workplace; listens and responds to public requests
while anticipating future needs; interpersonal
9C
ACTION PLAN 2006-2007
Key Results Area Measure Rating
interactions are positive and proactive with
communication of information being the highest
priority; Maintain frequent communication with all
levels of County government, external agencies, local
businesses, community groups, the media, constituents,
and the general public; coordinate the collection and/or
distribution of information pertaining to the Board of
County Commissioners' activities
Comments regarding Customer Service I Communications
BOARD OF COUNTY Attend Board of County Commissioners' meetings and
COMMISSION MEETINGS workshops as needed; prepare items for the Board of
County Commissioners' agenda; coordinate workshops,
evening public hearings; prepare original documents for
signature and assist Chairman; coordinate and
announce registered speakers; participate in emergency
events and meetings, filling whatever role deemed
necessary in an emergency situation; Attend Strategic
Planning Sessions to coordinate commissioners'
schedules and commitments
Comments regarding Board of County Commission Meetings
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9C
. ACTION PLAN 2006-2007
...
Key Results Area Measure Rating
GENERAL Act as coordinator between the Board of County
Commissioners and the Commission on Ethics,
including, acting as Local Agency Coordinator for the
financial disclosure notification system and working
with advisory board members, elected official and
county employees; Coordinate Value Adjustment
Board events including, working with the clerk's office,
county attorney and school board to set dates, prepare
executive summary for Board of County
Commissioners approval, and coordinate with
secretaries for commissioners' calendars; Accept advice
and constructive feedback agreeably and modifies
behavior accordingly; attend at least two pre-approved
government related conferences and one management
conference annually, and share conference notes and
information with administrative staff and
Commissioners; maintain the confidence and trust of
the Commission by not divulging information or
discussing information with inappropriate parties; meet
with the Finance Director from time to time regarding
original documents; meet with the County Manager's
Office to coordinate issues between offices; drives the
efforts of the team in meeting or exceeding established
deadlines with results that are thorough and accurate;
works with team members both inside and outside of
the department to accomplish organizational goals.
Comments regarding General
EFFECTIVENESS AND Organizes work and prioritizes specific and attainable
PRODUCTNITY goals; monitors work, creates focus and eliminates
roadblocks; produces quality work in accordance with
schedules and deadlines; seeks new technologies and
methods to improve quantity and quality of
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9C
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Key Results Area
04-BCC-OI 199/489-rev 2
ACTION PLAN 2006-2007
Measure
work/services; understands the roles and
responsibilities of others; understands policies,
procedures, rules, regulations and applicable
ordinances; conceives and recommends creative ideas;
understands and manages the creative process and
utilizes good judgment.
Comments Effectiveness and Productivity
TOTAL RATING:
Rating
MEMORANDUM
Date:
May 24, 2006
To:
James French, CDES Operations
Regulation/Operations Manager
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolutions: 2006-132
Enclosed please find one copy of the document, as referenced above, (Agenda
Item #9D), which was approved by the Board of County Commissioners on
Tuesday, May 23, 2006
If you should have any questions, please call 774-8411.
Thank you.
Enclosure
90
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
90
Print un pll1k paper A'tach to "nginal doeunh:nl {fflgmal d,\e11l1lU11S ,1;,,111<1 he hand ddl\clcd i" 111\: 1\11,11<1 I )n1,,' IIIC u,mpklcd !\luting: slip and tlflumal
dtlclImenh arc In hc Il,rwmJ",1 Ie> the Bnard ()nlu: "1111 !lUl'r the IJ,)al'll has 1a~,t'll a(II1'1I "II I he.' \lel1l \
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 sienature, draw a line throultt routing lines #1 tbrou2h #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine; order)
1. GHll11e Joht'-~ - Ad VV\ I t1 t S tyee h ~iYl
cot.S
2.
_--.-_._____.~__.______ -'0.
3.
~.__._---_.-._-'-- '.----- u.".___
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 Of missing
infonnation. All original documents needing the BeC 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 '..J CI vYI e_s
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
rf-f'Vl c.h
Phone Number
CSCf- S717
C)j)
Yes
(Initial)
tv\ d'3 J.OC ko
I
K c 50 \u.*' oYI
Agenda Item Number
jf
/ /
~
5V
I: FonnsI County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
- J ~2-
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ssibl 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 Bee on 5/ J, 3/ 0" (enter date) and all changes
made during the meeting have been incorporated ID the attached document. The
Coun AUorne's Office bas reviewed tbe chan es, if a Iicable.
2.
3.
4.
5.
6.
90
RESOLUTION NO. 06 - 132
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FLORIDA DIRECTING THE COUNTY MANAGER TO CONTINUE THE
SUSPENSION OF THE ENFORCEMENT OF SUBSECTIONS 2.01.00.2, 2.03.07.J.3a,
3.02.09.E, AND 4.02.22.C.1 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE (ORDINANCE NUMBER 04-41, AS AMENDED) RELATING TO THE
PROHIBITION OF THE PARKING OF TRAVEL TRAILERS I RECREATIONAL
VEHICLES IN THE DRIVEWAYS OF SINGLE FAMILY RESIDENCES WHOSE
OCCUPANTS WERE DISPLACED FROM THEIR HOMES DUE TO THE EXTENSIVE
DAMAGE CAUSED BY HURRICANE WILMA
WHEREAS, because Hurricane Wilma posed a serious threat to the lives and
property of the residents of Collier County on October 20 2005 the Board of County
Commissioners ("Board") adopted Proclamation/Resolution Number 05-363, which
declared a local State of Emergency, effective immediately for all territories in the
incorporated and unincorporated areas of Collier County; and
WHEREAS, because Hurricane Wilma caused extensive damage to public
utilities, public buildings, public communication systems, public streets and roads, public
drainage systems, commercial and residential buildings, the Board adopted
Proclamation/Resolution Number 05-367 on October 25, 2005, which extended the local
State of Emergency to November 1, 2005; and
WHEREAS, due to the extensive damage, the Board recognized that the citizens
of Collier County were in need of timely repairing and restoring of those structures and
buildings which were damaged by Hurricane V\liima; and
WHEREAS, as a result it was necessary for Collier County residents to
temporarily reside in travel trailers/recreational vehicles parked within the driveways of
their respective residences while repairs were being made to the residences or while
awaiting the restoration of water, sewer, or electrical services; and
WHEREAS, as a result of the impact to residents throughout Collier County, on
November 1, 2005 the Board adopted Resolution Number 05-382, which suspended the
enforcement of certain provisions of the Land Development Code ("LDC") to allow for the
parking of travel trailer/recreational vehicles in driveways of the impacted residences for
180 days, for the purpose of allowing the residents of these impacted dwelling units to
temporarily reside in the travel trailers/recreational vehicles while making repairs
associated with Hurricane Wilma under authorized and valid building permits issued by
the Building Review and Permitting Department of Collier County; and
WHEREAS, the State of Florida, State Emergency Response Team ("SERT") and
the Federal Emergency Management Agency ("FEMA") have informed Collier County of
an ongoing need to temporarily house Hurricane Wilma impacted residents in travel
trailers, and
WHEREAS, SERT has requested an extension of Collier County Resolution
Number 05-382 until May 1, 2007, allowing FEMA to continue placement operations for
Collier County residents impacted by Hurricane Wilma in travel trailers for temporary
housing, and
Page 1 of 2
90
WHEREAS, the repairs to these impacted dwelling units will require a Collier
County Building Permit, and
WHEREAS, the Board recognizes that Collier County Resolution Number 05-382
expired on May 1, 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYL FLORIDA, that:
The enforcement of Subsections 2.01.00.2, 2.03.07.J.3.a, 3.02.09.E and
4.02.22.C.1 of the Collier County Land Development Code relating to the prohibition of
the parking of travel trailers / recreational vehicles in the driveways of single family
residential dwellings units for the temporary housing of occupants of such residences that
have been displaced from their homes due to damages caused by Hurricane Wilma are
hereby suspended for a period of 365 days from May 1, 2006, or up and until May 1,
2007.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution is adopted after motion, second and majority vote favoring
adoption this 23rd day of May, 2006.
ATTEST: '. ~ ,.
DWIGH1>E:'BR09K, Clerk
z. ,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
. ,
'. M ~~
,.....i}, ~By: ~
<)~..........:~:;~ 'puty Clerk FRANK HALAS, Chairman
Atwstu .'~(o"'Ch. t naan ,
.tgft't~"Onl "
Approved as to form and legal sufficiency:
By: ))"\u A;f:AoI-- '111 .IlaLii1Ad ,r Ik,l,,,j4i~
Marjo e M. Student-Stirling U
Assistant County Attorney
Item # qb
Agenda ~t3-0~
Date '
Date~24~
ld
~~ LX'
Page 2 of 2
lC~
RESOLUTION NO. 2006 - 135
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO AN
AGREEMENT WITH THE FLORIDA DEP ARTMENT OF
TRANSPORTATION FOR THE I-75/IMMOKALEE ROAD OVERPASS
INTERCHANGE IMPROVEMENT.
WHEREAS, the 1-75/lmmokalee Road interchange experiences extensive delays at its
current design; and
WHEREAS, the implementation of the 1-75/lmmokalee Road Overpass Interchange
improvement will help alleviate existing and future congestion at this interchange providing for a
free flow eastbound Immokalee to northbound 1-75 movement as well as six through lanes on
Immokalee Road under 1-75; and
WHEREAS, the Collier County Board of County Commissioners are interested in seeing
the 1-75/lmmokalee Road Interchange Project move forward as soon as possible; and
WHEREAS, the Board finds that it is in the public interest for the County to enter into
the Lump Sum Agreement and Memorandum of Agreement pursuant to the terms and conditions
contained in those agreements;
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
The Board of County Commissioners approves the Locally Funded Lump Sum
Agreement and Memorandum of Agreement with the Florida Department of Transportation
and authorizes its Chairman, Frank Halas, to execute both Agreements.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 23rd day of May ,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
, i
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~-?aa--/
Frank Halas, Chairman
~-. flM../ .~ ~~( .
puty Clerk
At~st IS ' Ch. lratn s
,ionatwrt on 1 II
d legal sufficiency:
Scott Teach
Assistant County Attorney
Item # IQF
~;~;d~-o-~ :0
~ate 3 -1), {)I
F;ecd ~ I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board 011'ice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exceotion of the Chainnan's signature, draw a line throup-h routinp-Iines # 1 throuJJh #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
l.
2.
3.
4.
5.
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document p;:nding Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addresset:s above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Donald L. Scott Phone Numher 213-5831
Contact
Agenda Date Item was May 23, 2006 Agenda Item Number 10F
Approved bv the BCC
Type of Document Locally Funded Lump Sum Agreement Number of Original Two (2)
Attached Between the State of Florida Depl. of Documents Attached
Transportation & Collier County for 1-75
@ lmmokalee Overpass Interchange
Imorovemenl.
Initial the Yes column or mark "N/A.' in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed fot legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be teviewed and signed
by the Office of the County Attorney. This includes signatute pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on Mav 23. 2006 (enter date) aud all
changes made duriug the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS OriginaI9.03.04, Revised 1.26.05, Revised 2.24.05
lNSTRUCTIONS & CHECKLIST
I.
2.
3.
4.
5.
6.
Yes
(Initial)
DLS
N/A(Not
A licab1e)
Mf;
DLS
DLS
DLS
DLS
lOF
MEMORANDUM
Date:
March 27, 2007
To:
Scott Teach
Assistant County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Locally Funded Lump Sum Agreement Between the State
of Florida Dept. Of Transportation & Collier County for
1-75 @ Immokalee Overpass Interchange Improvement
Enclosed please find one copy of the document as referenced above,
(Agenda Items #10F), adopted by the Board of County Commissioners
on Tuesday, May 23, 2006.
The original is being kept in our office for the official record.
If you should have any questions, please contact me
774-8411.
Thank you.
FM NO. 420655 1 520110 F
COLLIER COUNTY
LOCALLY FUNDED LUMP SUM AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT
This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and COLLIER
COUNTY, hereinafter referred to as the "COUNTY"
WITNESSETH
1. WHEREAS, the DEPARTMENT has included in its Five Year Work Program the 1-75 @
Immokalee Overpass Interchange Improvement under FM No. 420655 I 52 01 in Fiscal
Year 2006/2007, hereinafter referred to as the "PROJECT"; and
2. WHEREAS, the COUNTY, by Resolution No. olt,/ I~ dated the ~ day of May
2006, a copy of which is attached hereto and made a part hereof, has authorized the
Chairman ofits Board of Commissioners or designee to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. PROJECT FUNDING TERMS
a. The COUNTY agrees to a non-refundable lump sum payment to the Department in
the amount of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE
THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450.00) as full
payment for the cost of the 1-75 @ Immoka1ee Overpass Interchange Improvement
project FM No. (420655 1 5201).
b. The sum listed in paragraph 1.a above is to be deposited into an interest bearing
escrow account in the name of the Florida Department of Transportation with the
Department of Financial Services, Division of Treasury and in accordance with the
terms and conditions of the Memorandum of Agreement (hereinafter, "MOA")
executed by the DEPARTMENT, the COUNTY and the Department of Financial
Services. The MOA is incorporated into and made part of this Agreement.
c. Interest from the account shall be left in the account to cover future funding needs for
completion ofthe PROJECT.
d. If the PROJECT is terminated by the DEPARTMENT with no fault by the COUNTY,
the DEPARTMENT shall return to the COUNTY all the unexpended funds.
e. Upon execution of this Agreement by the DEPARTMENT in July 2006, this
non-refundable payment shall be deposited by the COUNTY.
FM NO. 420655 1 52 01 0 F
COLLIER COUNT{.
Page 2 of 4
f. All deposits shall be made to the Department of Financial Services, Revenue
Processing and mailed to the Florida Department of Transportation for processing as
follows:
Florida Department of Transportation
Office of the Comptroller
ATTN: LFA Section
605 Suwannee Street
Mail Station 42B
Tallahassee, FL 32399
g. Failure ofthe COUNTY to deposit said amount within the time fram~'specified above
shall be grounds for termination of this Agreement.
2. All cost records and accounts may be subject to audit by a representative of the COUNTY
within three (3) years after final closeout of the project. If the actual cost of the project is
less than the funds provided the excess will be applied to the overall project. No separate
records will.be kept by the DEPARTMENT.
3. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY
in the standard format used by the DEPARTMENT and at intervals established by the
DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request,
as to the status of work being done by the DEPARTMENT and of the details thereof.
Either party to the Agreement may request and be granted a conference.
4. All tracings, plans, specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use.
5. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY.
6. Unless otherwise specifically stated herein, this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
7. All notices under this Agreement shall be directed to the following:
TO DEPARTMENT:
Johnny Limbaugh, SW AO Manager
Florida Department of Transportation
P.O. Box 1030
Fort Myers, Florida 33902-1030
TO COUNTY:
Donald Scott, Director
Collier County Transportation Planning
2885 S. Horseshoe Drive
Naples, Florida 34104
8. If any part of this Agreement shall be determined to be invalid or unenforceable by a court
of competent jurisdiction or by any other legally constituted body having the jurisdiction to
make such determination, the remainder of this Agreement shall remain in full force and
effect provided that the part of this Agreement thus invalidated or declared unenforceable
is not material to the intended operation of this Agreement.
FM NO. 420655 1 5201
COLLIER COUNTY
Page 3 of 1 0 F
9. To the extent provided by Florida Statute S768.28, the COUNTY shall indemnifY, defend,
and hold harmless the DEPARTMENT and all of its officers, agents, and employees from
any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by the COUNTY, its agents, or employees during the performance of this
Agreement, except that neither the COUNTY, its agents, or its employees will be liable
under this paragraph for any claim, loss; damage, cost, charge, or expense arising out of
any act, error, omission, or negligent act by the DEPARTMENT or any of its officers,
agents, or employees during the performance of this Agreement.
10. The parties recognize and accept the funding restrictions as set forth in Florida Statute
S339.135(6)(a), and SI29.07, which may affect each of the parties' obligations.
Accordingly, the State of Florida's performance and obligation to pay under this Contract is
contingent upon an annual appropriation by the Legislature. Florida Statute S339.135(6)(a)
is as follows:
The department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The department shall
require a statement from the comptroller of the department that funds are
available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding I year, but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in succeeding fiscal years;
and this paragraph shall be incorporated verbatim in all contracts of the
department which are for an amount in excess of $25,000 and which have a term
for a period of more than I year.
II. When either party receives a notice of claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim and
report its findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim.
12. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subj ect matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
FM NO. 420655 1 52011. 0 1"--
COLLIER COUNTY. r-
Page 4 of4
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed
in its behalf, by the Chairman of its Board of Commissioners or its designee, as authorized by
Resolution Number 0(.,-1,'3.>' ,and the FLORIDA DEPARTMENT OF TRANSPORTATION
has caused this Agreement to be executed in its behalf through its District Secretary or
authorized designee:
COLLIERCOUNTY, FLORIDA
--a~:::~ Ix
fcERK .. . . ,. , . ....~.. (Seal)
'3 t a
lllr1ll4l1 \
Date
BOARD OF COUNTY COMMISSIONERS
OF COLLIER ~FLORIDA
~ e'_~
TITLE Frank Halas, Chairman
Print Name
Date
~::li~; A12t:Lview~JI3JD 7
I Date
ATTEST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
L '-_
.if
,
VESECRET RY
(Seal)
k ii, ), (:((,
Print Name
)
~ /"(\\ (;+1
;.) t'}
Date
Availability of Funds Approval:
By
Date
By:
tb-
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
I~'L J ~JG: R \{lPe
Print Name
3/z-, (01
Date
Fla. Dept. of Trans. Legal Review:
;/
B~:/~kr9~:rr
z,.i!tJ .oJ-
Date
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP; 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO G
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TV
Pnnt on pink paper. Attach to original document Original documents should be hand delivered to the Board Oftke The completed routing slip and original
documents arc to be f(lrwarded to the Board Omce onl\ 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 throucl' routine 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 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 Bee Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff Marlene Foord Phone Number 774-8971
Contact
Agenda Date Item was 5/23/06 Agenda Item Number lOG
Approved bv the BCC
Type of Document Grant Application Number of Original I (pkd" rdlll"
Attached Documents Attached ':"."il\d!:')
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 5/23/06 (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 Iicable.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
(Y\Y
IVIA
(\'\P
f'^r
fv'k
~
I: Formsl County Formsl Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
lOG
{~.":~Xi
~I
Florida Department of Agriculture and Consurner Services
Division of Forestry
VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION
-......
...
CHARLES H. BRONSON
Cl*MSllICNER
LE~ l>jAME ,
Colllec County Boacd of Comrnisslonecs
~gBis~amiami Tcail East
CITY
Naples
STATE Fla ZIP 34112
<;'OlJ.N.1Y COUNTY ,
Colllec
EMPLOYER IDENTIFICATION NUMBER (EIN)
FORM OF ORGANIZATION: (Municipal, Fire District, Non-Profit, County)
Ochopee Fice Contcol Distcict
IF COUNTY, LIST VFD'S BENEFITING FROM GRANT:
IS FIR\: DEPARTMENT LOCATED IN AN INCORPORATED TOWN?
YEs:fl NO 0 IF YES. NAME OF TOWN: I Evecglades City
POPULATION OF TOWN: i--
500
PROTECTED AREA: EST. POPULA nON:1
.3000
SIZE: {SQ. MlLES)j
1100 DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT:j ~~les
sq mi NAME OF FIRE DEPARTMENT: r-
lEast Nan1es Fice Dent.
WHAT IS THE FIRE DEPARTMENT ISO RATING? 1-6/9
IS FIRE DEPARTMENT NIMS COMPLIANT? YES ~ NO 0
CURRENT COOPERATIVE AGREEMENT WITH DOF? YES Kl NO 0
NUMBER OF FIREFIGHTERS: PAID: G2 VOLUNTEERS: rlO
NO. OF INCIOENTS PAST Yl:AR: WILDLAND fIRE:~ OTHER: .~
NO. OF FIREFIGHTERS CERTIFIED AS:
WILDLAND fIREfIGHTER I ru WILDLAND fIREFIGHTER II r-
HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN
THE PAST 12 MONTHS? YES 0 NO 10
IFYES, WHERE? I
AMOUNT: $ I
LIST TOTAl FUNDS Rl:CEIVED FROM OTHER TAXING AUTHORITIES
SUCH AS CITY, COUNTY, TAXING DISTRICTS (past 12 Months)
AMOUNT: $ I
LIST OF F1REFIGHTlNG VEHICLES:
cs
PUMP CAPACITY (GPM)
ea
WATER CAPACITY (GAL.)
ESTIMATED GRANT FUNDING REQUEST:
FEDERAL
APPLICANT
COUNTY
TOTAL
LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE WITH GRANT FUNDS:
NUMBER
$
$ 1986.47
$
$
31
2
(Federal not more than 50% of total. Applicant at least 50% of
total in matching funds.)
We understand that this is a 50 percent maximum cost-share program (Cooperative Forestry Assislance Act of 1978, PL 95-313), and that funds on
deposit up to 50 percent of the actual purchase price of the Items approved will be committed to our project. TO THE BEST OF MY KNOWLEDGE AND
BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY AUTHORIZED
THIS DOCUMENT.
Type Name of Authorized Representative
Title
Fcank Halas
Signatur~ of AtJIl:liliitildReP/llSefItalive
Chaicman
Dale Signed and Submitted
Telephone Number: ( 239) 695-4114
FAX: (239) 695-3473
Email:
AT'l'IIJ>A€S-11'!84 E\l.3/06
DWIIII'f B. ~...-.
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lOG
Foro1 AD-1047 (1/92)
us. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,
7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the
January 30, 1989, Federal Rel!ister(pages 4722-4733). Copies of the regulations may be obtained by contacting the
Department of Agriculture agency offering the proposed covered transaction.
(Before completing certification, read instructions on reverse.)
(1) The prospecti ve primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (l)(b) of this
certification; and
(d) have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or Local) terminated for cause or default.
(2) Where the Prospective primary participant is unable to certity to any of the statements in this certification,
such prospecti ve participant shaH attach an explanation to this proposal.
ORGANlZA TION NAME I PRlAWARD NUMBER OR PROJECT NAME
Colliec County Boa cd of Commissionecs Ochopee Pice Contcol Distdct
NAME AND T/TLEOF AUTHOR/ZED REPRESENTA TlVE
Fcank Halas, Chaicman
SIGNATURE TDATE
>- ~ 5\+3 \Dk
. -"-...~. --.- ~<~.-}'-- , .;--::/ '-
AftII'l'
IWIIItI. ....__
1
I~t
Attest .s Cha1M14f1 S
119ft.t.... oral"
!l.rl~'...".,,<.<~...., ;';',~." .... .'; '''','
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S -' 17 -
lOG
ASSURANCES. NON-CONSTRUCTION PROGRAMS
OMS Approval No. 0348-0040
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and wUI establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. ~~728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. ~~1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Previous Edition Usable
Act of 1973, as amended (29 U.S.C. ~794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. ~~101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.l. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) ~~523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. ~~290 dd-3 and 290 ee
3), as amended, relating to confidentiality of aloohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. ~~3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, 0) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with proVISIOns of the
Hatch Act (5 U.S.C. ~~1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Authorized for Local Reproduction
Standard Form 424B (Rev. 7-97)
Prescribed by OMB Circular A.102
9. Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. ~9276a to 276a-7), the Copeland Act
(40 U.S.C. 9276c and 18 U.S.C. 9874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 99327-
333), regarding labor standards for federally-assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. 991451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. ~7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
lOG
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. 991271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 9470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 99469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. 992131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 994801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations. .
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
" Collier County Board of Commissioners Chairman
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APPLICANT ORGANIZATION DATE SUBMITTED
Ochopee Fire Control Oistrict March 20,2006
Al-1'llt ,
DWIIIIfI. ..... .... '
Standard Form 4248 (Rev. 7-97) Back
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ORIGINAL DOCUMENTS CHECKLIST & ROUTI~Q,1f
TO ACCOlVfi>ANY ALL ORIGINAL DOCUMENTS sENf.1V ,
THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents shouJd 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 signarures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's si=ture, draw a line throultt 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
PRI:MARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
.i
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark uN/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 Chainpan's.signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"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 toTallahassee 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 _ '2. (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 li<;able.
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"'1
N/)..
2.
3.
4.
5.
6.
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I: Fonnsl County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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3894292 OR: 4097 PG: 0661
EECORDBD in OFFICIAL RECORes of COLLIER CJ~STY, gL
8/2912006 at 01: m~{ ~WI;HT E, BReCK, CLERK
, CONS )750.00
REC FEE 35,50
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RIGHT -oF.WA Y EASEMENT AGREEMENT
~+: THIS RIGHT .OF-WA Y EASEMENT AGREEMENT is made this ::; rhaay of
,2006, by and between COLLIER COUNTY, a political subdivision of the State of
lorida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112,
(hereinafter "COUNTY") and CARIBBEAN VENTURE OF NAPLES, LLC.,a Florida
limited liability company, whose mailing address is 5801 Pelican Bay Boulevard,Suite
300, Naples, Florida, 34108-2709 (hereinafter "CVN").
WIT N E SSE T H T HAT:
WHEREAS, County owns that certain real property located in Collier County,
Florida and described as :
All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying
south of Golden Gate Par1<way, according to the plat thereof recorded in Plat
Book 2, Page 2, in the Public Records of Collier County (hereinafter "County
property");
WHEREAS, CVN owns that certain adjacent real property located in Collier
County, Florida and described as:
The North ~ of North ~ of Section 35, Township 49 South, Range 25 East, being
at the Northwest comer of the Section and run East 1398.25 feet; thence South
64 degrees West 1555.06 feet; thence North 664.01 feet to the place of
beginning (hereinafter "CVN Property");
WHEREAS, CVN desires to develop the CVN Property as a residential
community but has no over-land access;
WHEREAS, CVN desires to design and construct a roadway, with associated
drainage and utility facilities, 8-foot chain link fencing, and pedestrian and bicycle
pathways along the eastern portion of the County Property, to serve as a public facility
providing both access to the CVN Property and the County Property;
WHEREAS. the construction of the roadway and associated features will benefit
the public by providing a means of access over the County Property at no cost;
WHEREAS, CVN has requested a perpetual non-exclusive easement for the
construction, operation and maintenance of roadway, drainage, sidewalk, bike path,' an
8-foot chain link fence and utility facilities over, across and upon the eastern portion of
the County Property;
WHEREAS, the parties contemplate that reconflguration or revocation of this
easement may be desired to facilitate County's or CVN's final plans; and
OR: 4091 PG: 0662
101
WHEREAS, County wishes to grant said easement subject to the terms and
conditions contained hereinbelow.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged by each party, it is hereby agreed between the parties:
1 , Recitals. The foregoing recitals are true and correct and incorporated
herein by reference.
2. Easement. County does hereby grant to CVN, a perpetual, non-exclusive
easement for the construction, operation and maintenance of roadway, drainage,
sidewalk, bike paths, 8-foot chain link fencing, and utility facilities over, across and upon
the following described lands, and subject to the terms and conditions contained herein:
East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms
Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the
Public Records of Collier County, lying south of Golden Gate Parkway and within
Section 27, Township 49 south, Range 25 East, Collier County, Florida;
AND
North 120 feet of the East 120 feet of Section 34, Township 49South, Range 25
East, Collier County, Florida; being and lying within Lot 97 of Naples
Improvement Company's Little Farms Subdivision, according to the plat thereof
recorded in Plat Book 2, Page, 2, Public Records of Collier County, Florida.
(hereinafter "Easement Area").
3, Use of Roadwav, Under no conditions shall CVN construct, Install,
operate or maintain any structure, gate, device or improvement that controls, limits, or
deters public access In any way on any portion of the Easement Area, except that a
chain link fence, up to eight (8) feet in height, is expressly allowed along the eastern
boundary of the Easement Area. Underground utilities may be permitted within the
Easement Area.
4. Desion of Roadwav. All plans for the construction of the roadway and
associated Improvements shall be presented to the County Manager, or his designee,
prior to CVN's submittal for development approval for his review and approval, which
approval will not be unreasonably withheld. The parties acknowledge and agree that
this approval of the roadway design is a condition of the granting of this easement and
shall not be construed as part of the County's required development review or a waiver
of any provision of the Collier County Land Development Code.
5. Construction of Roadwav. The construction shall be at the sole cost and
expense of CVN and shall comply with all federal, state, and local laws, ordinance,
OR: 4097 PG: 0663
to,
statutes, ordinances, rules, and regulations,
6. Maintenance of Roadwav, Grantee shall have the sole responsibility
to maintain and repair in a proper, substantial, and workmanlike manner, the roadway
and all associated improvements, unless or until the roadway is formally accepted by
the County for purposes of maintenance, which responsibility may be assigned.
7. Reservation, County reserves the right to use the Easement Area and all
completed improvements for public access and in any manner that does not materially
interfere with the rights granted herein to CVN.
8. Indemnification. CVN shall indemnify, defend, save and hold harmless
County from and against any suits, demands, claims, liability, losses, penalties,
damages, judgments, orders, decrees, and costs and expenses (including attorneys
fees and all costs of litigation) for property damage, liability, bodily injury or death which
may result from or arise out of any willful misconduct or negligent act, error, or omission
of CVN, Its employees, officers, agents or Invitees, which occurs or is alleged to have
occurred with respect to the design and construction of the roadway improvements.
9. Termination, If the roadway is not substantially completed within six (6)
years of the date of this Easement, this Agreement shall automatically terminate and the
easement contained herein shall be of no further force or effect. In this event County
may record a Notice of Termination.
10. Benefit/Burden. The easement and the rights and obligations created
hereby shall run with the land, shall be a benefit to the CVN Property and a burden
to the Easement Area, and shall inure to the benefit and burden of the CVN and County,
and their respective successors and/or assigns,
11. Location of Easement not determinative as Access. The parties both
acknowledge and agree that CVN has requested the location of the easement without
the County having formally approved the location or character of any future access to
and from Golden Gate Parkway. Nothing contained herein shall be construed as
consent or approval to the location of an access connection to Golden Gate Parkway.
IN WITNESS WHEREOF, the County and CVN have respectively caused these
presents to be executed the date and year first above written,
. co . ,
ATTEST:
DWIGHT E. BROCK, Clerk
By: ~ ~.Q'(.
" [)~JP.uty Clerk
i\'tust.". to r.nl {run ,
$1'91"~~ ~)ftl"
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COU~
By: ~-~~
Frank Halas, Chairman
STATE OF FLORIDA
COUNTY OF COLLIER . A... +-
I~ ~~;~>{
The foregoing instrument was acknowledged before me, this --L- day of ,
2006, by THOMAS H. OUVERSON, on behalf Luxury Homes Investments, LLC, as
Managing Member of ~~EAN VENTURE OF NAPLES, LLC, a Florida limited liability
company, who is Y'---J personally known to me or ( ) has produced
as evidence of identificaf .
.- U
WITNESSES:
J j
ft1/LitL~ _ ~~~;I'L~A..-~/
Signature ' "1//1
(l/t-iit/'r--r/J 0. l'IE.iU4((.J)
~ame -U1
. 00(1- rz~J0~v
Si9nflture M .
~.(~ be,,\( fJ.-- G '((( \ty-e J
Print Name
(SEAL)
.?::~. REBECCA PARATORE
f{~A"" j~ MY COMMISS,ION # DD 417346
~d!:.1 EXPIRES. July 4, 2009
'1.nr..(ll' Bonded Thru Notary Pl.bIic Undenr!IterI
Approved as to form and legal sufficiency:
I~ UC~
'Ellen T. Chadwell
Assistant County Attorney
*** OR: 4097 PG: 0664 ***
101
CARIBBEAN VENTURES OF NAPLES, LLC
By: J
.a verson
Managing Member
OT ARY PUBLIC
Name:
(Type or Print) J I.,j I
My Commission Expires:' 4 CYt
t::Lc - K 5/23/66
lkrn j 2C -cJ<.
j
Tel: (561) 838-4100
Fa;'!:: (561) 838-5305
Emai1: alslaw@alslaw.com
A(Clf(JE]R(M[AN
. lL][N]K .
SA]R(lr(O)]RY
222 Lake-
Suite 1250
West Palm Bead.
Attorneys At law
File No.: 043.007
May 17, 2006
Jacqueline Williams Hubbard
Assistant County Attorney
Office of the County Attorney
3301 E. Tamiami Trail, 8th Floor
Naples, FL 34112
Re: Board of Commissioners of Collier County, Florida v. Brock, Clerk of the
Circuit Court of Collier County, Florida; Case No.: 05-953-CA and Paul
Wilson v. Brock, Clerk of the Circuit Court of Collier County, Florida; Case
No.: 05-1506
Dear Jackie:
Our client has asked me to respond to your May 15th letter.
Our client and I have had the opportunity to reflect upon the settlement efforts we initiated
a number of months ago, the sentiments expressed by the Board of County Commissioners at the
April 25th hearing, the positions asserted by Mr. Pettit and you during our recent meeting and the
litigation conduct engaged in by your office. That reflection has lead us to conclude that the County
has no genuine interest in truly resolving the issues in these cases. We believe that there is a
fundamental failure on the part of the County to appreciate and understand the Clerk's role. For one
example,Mr. Brock believes that it is preposterous to suggest that he must seek County Commission
approval before reporting a crime committed by a County employee. As another example, his on-
going discovery of other inappropriately established accounts reveals a culture where County
employees tell him one thing and yet do another.
It has been, in short, an exasperating one-sided process to convince your side that all Mr.
Brock wants to do is his job -- to act as the careful custodian of the County's money, to verify the
lawfulness of County purchases, to be informed enough about County operations and finances to
reflect them accurately in the County's financial statements and to conduct internal audits to promote
good, sound internal controls. Until the County promotes a culture of understanding and cooperation
for the Clerk to fulfill those roles, there can be no settlement. At this juncture, we believe that a final
resolution through the Court process, resulting in a written and published opinion, will provide the
benefit of guidance to the participants in these suits for their conduct going forward.
. Partners with Business and the Community .
'XL - ;2 (.5/Z3/k
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COLLIER COUNTY
DAVID C. WEIGEL
COLLIER COUNTY ATTORNEY
May 15, 2006
Heidi F. Ashton
Ellen T. Chadwell
Colleen M. Greene
Steven D. Griffin
Jacqueline W. Hubbard
Jeffrey A. Klatzkow
William E. Mountford
Thomas C. Palmer
Michael W. Pettit
Marjorie M. Student-Stirling
Scott R. Teach
Robert N. Zachary
3301 East Tamiami Trail
Naples, FL 34112-4902
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
Via U.S. Mail and Facsimile Transmission
David P. Ackerman, Esquire
Ackerman, Link & Sartory, P.A.
Attorneys for Defendant
222 Lakeview Avenue, Suite 1250
West Palm Beach, Florida 33401
(561) 838-5305- Facsimile
Re: Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock,
Clerk of the Circuit Court of Collier County, Florida
Case Number 05-953-CA consolidated with Case No. 05-1506-CA
And
Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County
Commissioners of Collier County, Florida, as Ex-Officio Governing Board of The
Ochopee Area Fire Control & Emergency Medical Care Special Taxing District,
AlK/A The OcholJee Fire District; Linda T. Swisher and Paul W. Wilson Case No.
04-941-CA
The Clerk of Courts' Refusal to Enter Into Settlement Discussions
Dear Mr. Ackerman:
This correspondence is written to confirm what was said during our telephone conference
call this morning. Our conversation occurred immediately following a discussion of the
Case Management Conference with all counsel in the above-referenced cases. You
informed me the Clerk of Courts no longer wishes to engage in any settlement discussions
of any kind. You relayed this information to me after I informed you that the County
Manager, the County Attorney, the Chief Assistant County Attorney, and I were all willing
to meet with the Clerk, the County Manager, and all attorneys involved to discuss an
amiable settlement of this matter.
fIX 4< ~Jd3fo~
rtffn J aG-ctZ
David P. Ackerman
May 15, 2006
Page 2
vVe regret such a position has been taken.
Please do not hesitate to contact our office if you have any questions or wish to discuss this
matter further.
Sincerely yours,
.R~~~ ubbard
~s1stant County Attorney
cc: David C. Weigel, County Attorney
Michael Pettit, Chief Assistant County Attorney
James V. Mudd, County Manager
,":'. . ,::..; J 2' ;;:?J"''-
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LJerYI ! 2G-U:.
COLLIER COUNTY
DA VID C. WEIGEL
COLLIER COUNTY ATTORNEY
May 4, 2006
Heidi F. Ashton
Ellen T. Chadwell
Colleen M. Greene
Steven D. Griffin
Jacqueline W, Hubbard
Jeffrey A. Klatzkow
William E. Mountford
Thomas C. Palmer
Michael W. Pettit
Marjorie M. Student-Stirling
Scott R. Teach
Robert N. Zachary
3301 East Tamiami Trail
Naples, FL 34112-4902
Telephone: (239) 774-8400
Facsimile: (239) 774-0225
Via Hand Delivery
David P. Ackerman, Esquire
Ackerman, Link & Sartory, P.A.
222 Lakeview Avenue, Suite 1250
West Palm Beach, Florida 33401
(561) 838-5305- Facsimile
Re: Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk
of the Circuit Court of Collier County, Florida
Case Number 05-953-CA consolidated with Case No. 05-1506-CA
and
Dwight E. Brock. Clerk of Courts v. Collier County, Florida. Board of County
Commissioners of Collier County, Florida. as Ex-Officio Governing Board of The
Ochopee Area Fire Control & Emergency Medical Care Special Taxing District. AlK/ A
The Ochopee Fire District: Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA
Dear David:
My suggestion is that for our discussion we utilize the definitions set forth in the United States
General Accounting Office "Government Auditing Standards" (2003) as they relate to all terms
not defined under Florida statutory law, local ordinance, regulatory rules, or judicial opinions.
As a prelude to our meeting this Thursday the following are points of law it is presumed we can
agree upon:
1. The Clerk of Courts, vis-a-vis the County Board of County Commissioners has a "pre-
audit function" as to the Board's proposed financial expenditures and a duty to determine
the legality of proposed expenditures.
2. Under Alachua County v. Powers,Jhe Florida Supreme Court described the audit
authority of the Clerk as "some type of pre-audit review."
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3. The bank accounts of Collier County and each and every depository, mentioned or
provided for in Fla. Stat., Ch. 136 are at all times be subject to the "inspection and
examination" of the Clerk of Courts.
4. There is no similar statutory provision mandating that the employees, agents, and
consultants of the County are subject to involuntary interrogation or "inspection and
examination" by the Clerk of Courts.
5. The Clerk of the Circuit Court, acting as county auditor, signs any warrant for the
payment of any claim or bill or indebtedness against any County funds in excess of the
expenditure allowed by law, or County ordinance, or pays any illegal charge against
the County, or pays any claim against the County not authorized by law, or County
ordinance, shall be personally liable for such amount, and ifhe signs such warrant
willfully and knowingly he shall be guilty of a misdemeanor of the second degree,
Fla. Stat. S 129.09
6. Implied authority does not warrant the exercise of a substantive power not actually
conferred. Molwin Inv. Co. v. Turner, 167 So. 33 (Fla. 1936).
7. Section 11.45(3)(a), Florida Statutes (2005), provides for post-audits of "county
agencies" by the Auditor General, not the Clerk of Courts.
8. By statute, and by the Clerk's admission, he may not conduct "performance audits"
because they are ordinarily conducted by an independent certified public accountant.
9. By statute, post-audits are conducted by the Auditor General or an independent
auditing firm.
10. The Clerks of the Florida Circuit Courts have no authority for post-audits of other
County constitutional officers.
11. In general, independence is essential to auditing.
12. According to the GAO and The Institute of Internal Auditors, the organizational status of
the internal auditing function and the support accorded to it by management are major
determinants of its range and value. The head of the internal auditing function, therefore,
should be responsible to an officer whose authority is sufficient to assure both a broad
range of audit coverage and the adequate consideration of and effective action on the
audit findings and recommendations.
13. Other than for pre-audits, there is no known citable authority that asserts the Clerk's
audit functions can be performed independently of the Board or the County Manager.
14. Objectivity is essential to an audit function.
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15. An internal auditor should not engage in any other activity which he would normally
review and appraise and which could reasonably be construed to compromise his
independence.
16 The finance department of the Clerk's office is: 1). Managed by a separate constitutional
office as a part of County government; 2). Funded by County government; 3).
Administered by an elected official subject to a partisan election; 4). Responsible for
certain "non-audit" functions, such as payroll and accounting as part ofthe management
of Collier County Government.
17. The Clerk does not have the requisite independence, under generally accepted
accounting standards to perform the internal audit function for Collier County.
18. The pre-audit function of the Clerk of Courts has not been clearly delineated by Florida
statutes, regulatory rules, or judicial opinions, but it has been defined for the Office of
the Auditor General in Fla. Stats. Ch. 38.
If we can agree to these parameters and perhaps others during our meeting, perhaps we can begin
to approach a reasonable discussion of the issues of this case. I look forward to an amiable
conference with you.
Sincerely yours,
vJL~
J cque ne Williams Hubbard
ssistant County Attorney
cc: David C. Weigel, County Attorney
Jarnes V. Mudd, County Manager
Michael W. Pettit, Chief Assistant County Attorney
Yale T. Freeman, Esquire
Eric J. Vasquez, Esquire
3
16A5
KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Comoration, 9148 Bonita Beach Road, Suite 102,
Bonita Springs, FL 34135 (hereinafter referred to as "Owner") and Continental Insurance Company, 333 E. Butterfield
Road, Suite 810, Lombard, IL 60148, hereinafter referred to as "Surety") are held and finnly bound unto Collier
County, Florida, 2800 N. Horseshoe Drive, Naples, FL 33942 (hereinafter referred to as "County") in the total
aggregate sum of two million three hundred fifteen thousand eight hundred seventeen and 35/100 ($2.315.817.35) 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, finnly by these presents. Owner and
Surety are used for singular or plural, as the context requires.
COLLIER COUNTY LAND DEVELOPMENT
PERFORMANCE BOND
v~ LUoJ..K-
rUst: 4b
BOND NO. 929464077
THE CONDITION OF THIS OBLIGA nON is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named Verona Walk. Phase 4B 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 hannless 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 11th day
of February, 2009.
~:s~ \;~~I
.Jf-/~
PuUe Home Corporation
/'
p~
I L--.
Robert Porter, Treasury Operations Manager
'/CJA-<.4. ,-
f/Y
Witness:
Continental Insurance Company
o ~""- ?>( 4tfr~--
Dawn L. Morgan, Attorney-in-Fact
FL Lie. No. POl1322
k~ A. GJ,~
/1;- CZki
( X ,(...(J'/ ' .. ' )U4-<:. j
I {/ _'__
LDCA:6
I
16A5
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
}
} s.s.
}
COUNTY OF DUPAGE
On February 11, 2009, before me, Bonnie J. Kruse, 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 The Continental 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 on behalf
of the said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires on November 29,2012
OFFICIAL SEAL
BONNIE J. KRUSE
.~ ,NOTARY PUB,Lle . STATE OF ILLINOIS
,.' COMIIISSI()N. >P''-'co: NOVEMBER 28 2012
...........".,~..._'..........,. . .
-'
cl
ACKNOWLEDGEMENTBYPRmCWAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 11 th day of February, 2009, before me, the undersigned authorized employee,
personally appeared Robert Porter who acknowledges himself to be Treasury Operations
Manager for Pulte Home Corporation, and as such employee, being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing the name
of the Corporation by himself as such employee.
My Commission Expires: March 26, 2012
./ ,"Y'{\.l.A ,(\ H'L 11 , (I t tl,u iM j ci
Notary Public, Marcia G. Howard
Oakland County, Michigan
MARCIA G. HOWARD
NOTARY PUBLIC, STATE OF MI
COUNTY OF OAKLAND
MY COMMISSION EXPIRES Mar 28, 2012
MH:033
3
16A5
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
16A5
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania corporation, is a duly organized and existing
corporation having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed
hereby make, constitute and appoint
James I Moore, Bonnie Kruse, Stephen T Kazmer, Dawn L Morgan, Mary Beth Peterson, Peggy Faust, Kelly A Jacobs,
Melissa Schmidt, Elaine Marcus, Jennifer J Mc Comb, Joel E Speckman, Irene Diaz, Individually
of West mont, IL. its true and lawful Attorney(s)-inMFact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts _
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts
of said Attorney, pursuant to the authority hereby given is hereby ratified and confinned.
This Power of Attorney is made and executed pursuaht to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the corporation.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 4th day of October, 2007.
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The Continental Insurance Company
p-
Thomas P. Stillman
Senior Vice President
State of Illinois, County of Cook, ss:
On this 4th day of October, 2007, before me personally came Thomas P. Stillman to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a Pennsylvania
corporation, described in and which executed the above instrument; that he knows the seal of said corporation~ that the seal affixed to the said instrument
is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
OFFICIAL SEAL
ELIZA PRICE
NOT^RY f"U6L1C, STATE OF ILLINOIS
MY COMMISSION exPIRf:S: 09/"17109
.-s:::- ~ r
Etffin>rice - ()
CJ.-:J~
Notary Public
My Commission Expires September 17,2009
CERTIFICATE
!, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a Pennsylvania corporation, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on
the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this
11 th day of February . 2009
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The Continental Insurance Company
Form F6850-1/2007
a~
Assistant Secretary
kis
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. .
5
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 18th day of February ,2009 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 of a subdivision to be known as VeronaWalk(Phase 4B).
B. Section 10.02.04 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, landscaping, 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$2,315,817.35, 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 fmal project records have been furnished
to be reviewed and approved by the Development Services Director for compliance with the
Collier County Land Development Code.
5. The Development Services Director 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
6/2912005-153059 Ver.01!-CMCKIMM
CA#43
N0506-P46-000-EAPP-29623
. .
t r.
16A5
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
Development Services Director 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 Development Services Director. After the one-year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Services Director 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 Development Services Director 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 Development Services Director. The Development
Services Director 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 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.
2/5/2009-153059-Ver.2-CMCKIMM
N0506-P4B-000-EAPP-29623
1 .6A5
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 18th day of February ,2009.
SIGNED DiVosta Homes,LP
IN THE PRESENCE OF: By:DiVosta Homes Holdings,LLC,its general partner
Witness By:
c
Print Name
•••
Tb/J'd Go a t a'I e
Printed or typed name
Attorney-in-fact
Witne
gh
(Th .11Wr
CI4Q45 1.4As
Printed or typed naihe
•
A`l:tE$T.
DW : T E.BI OC ,CLERK BOARD OF COUNTY COMMISSIONERS
• ' • ;I" OF COLLIER t TY,FLORID
B
By: 0-A-7-714C.0✓
Attest es to Che Irmo s
PatAlre OSsit, Donna Fiala,Chairman
Approved as to form and Legal Sufficiency:
••K ."�.. l.,ate' ..vs..
S-��Vfr�7T l,J,. II�rMS'
Assistant County Attorney
Item# /64S—
Agenda
-
Da e SIdaJ & Ip
RecDate 2-110-7
qty ,fed
2/5/2009-153059-Ver 2-CMCKIMM
N0506-P4&000-EAPP-29623
16A5
VERONAWALK
PHASE 4B
OPINION OF PROBABLE COST
Sanitary Collection System $ 730,449
Potable Water $ 363,831
Drainage $ 98,591
Paving $ 533,348
Lighting $ 72,945
Landscaping (Code Minimum) $ 92,000
Irrigation (Code Minimum) $ 214,125
Total Probable Cost $ 2,105,288
110% Bond Amount $ 2,315,817.35
~~/t40?
David J. Hurst, P.E.
FL Registration #60727
WilsonMiller. Inc.-FL Lic.#LC-C000170
WilsonMiller, Inc.-Certificate of Authorization #43
2/4/2009 - 209946 - Ver: 1 - NPESTElL
N0506-P4B-QOO - ESBM - 32625
PHASE 46
SANITARY COLLECTION SYSTEM
16A5
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
TV sewer w/mandrel (preliminarv) 6,777 LF $ 3.10 $ 21,008.70
TV sewer (final) 6,777 LF $ 2.98 $ 20,195.46
8" PVC Gravity Main 0-6' cut) 880 LF $ 29.28 $ 25,766.40
8" PVC Gravity Main 6-8' cut) 1,962 LF $ 34.55 $ 67,787.10
8" PVC Gravity Main 8-10' cut) 1,057 LF $ 41.99 $ 44,383.43
8" PVC Gravity Main 10-12' cut 1,232 LF $ 49.20 $ 60,614.40
8" PVC Gravity Main 12-14' cut 671 LF $ 52.10 $ 34,959.10
8" PVC Gravity Main 14-16' cut 540 LF $ 91.28 $ 49,291.20
8" PVC Gravity Main 16'-18' cut) 435 LF $ 94.55 $ 41,129.25
Manhole 4' Diameter (0-6' cut) 7 EA $ 2,618.38 $ 18,328.66
Manhole 4' Diameter 6-8' cut) 6 EA $ 3,297.57 $ 19,785.42
Manhole 4' Diameter 8-10' cut) 2 EA $ 3,549.00 $ 7,098.00
Manhole 4' Diameter 10-12' cut 2 EA $ 3,995.96 $ 7,991.92
Manhole 4' Diameter ( 12-14' cut 3 EA $ 4,687.50 $ 14,062.50
Manhole 4' Diameter ( 14-16' cut 3 EA $ 5,618.35 $ 16,855.05
Manhole 4' Diameter(16-18' cut 1 EA $ 6,755.18 $ 6,755.18
Pump Station 1 LS $ 75,000.00 $ 75,000.00
8" Forcemain (C900, CL-200l 270 LF $ 19.00 $ 5,130.00
8" Forcemain 2,148 LF $ 21.00 $ 45,108.00
8" PluQ Valve 2 EA $ 1,265.00 $ 2,530.00
Single sanitary sewer service 32 EA $ 368.00 $ 11,776.00
Double sanilary sewer service 77 EA $ 514.51 $ 39,617.27
2/4/2009 - 209946 - Ver: 1 . NPESTElL
N0506-P4B-OOO _ ESBM - 32625
SUB.TOTAL SANITARY'" $
15% CONTINGENCY'" $
TOTAL SANITARY'" $
635,173
95,276
730,449
16A5
PHASE 4B
POTABLE WATER
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
1 1/2" PVC Double Service 83 EA $ 460.00 $ 38,180.00
3/4" PVC Single Service 20 EA $ 345.00 $ 6,900.00
Connect to existing water with gap configuration 1 LS $ 2,000.00 $ 2,000.00
6" PVC Water Main C-900, CL-150 902 LF $ 14.95 $ 13,484.90
6" PVC Water Main C-900, CL-200 136 LF $ 17.95 $ 2,441.20
8" PVC Water Main C-900, CL-150 1887 LF $ 20.90 $ 39,438.30
10" PVC Water Main IC-900, CL-150 2970 LF $ 24.50 $ 72,765.00
12" PVC Water Main IC-900, CL-150 2197 LF $ 26.74 $ 58,747.78
12" PVC Water Main IC-900, CL-200 159 LF $ 27.17 $ 4,320.03
Fire Hydrant Assembly 13 EA $ 2,415.00 $ 31,395.00
6" Gate Valve wi Box 4 EA $ 575.00 $ 2,300.00
8" Gate Valve wi Box 9 EA $ 1,096.65 $ 9,869.85
10" Gate Valve wi Box 7 EA $ 1,265.00 $ 8,855.00
12" Gate Valve wi Box 8 EA $ 1,700.00 $ 13,600.00
Permanent Blowoff 6" 4 EA $ 1,650.00 $ 6,600.00
Temporary Bacterial Sample Point 1 EA $ 977.50 $ 977.50
Permanent Bacterial Sample Point 4 EA $ 1,125.00 $ 4,500.00
2/4/2009 - 209946 - Ver: 1 . NPESTELL
N050e.P4B-OOO . ESBM . 32625
SUB-TOTAL POTABLE WATER = $
15% CONTINGENCY = $
TOTALPOTABLEWATER= $
316,375
47,456
363,831
16A5
STORM SEWER
PHASE 48
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
15"RCP 142 LF $ 25.99 $ 3,690.58
18" RCP 564 LF $ 27.56 $ 15,543.84
24" RCP 666 LF $ 32.85 $ 21,878.10
Double Vallev Gutter Inlet 2 EA $ 2,340.00 $ 4,680.00
Valley Gutter Inlet (Top and Bottom) 14 EA $ 1,908.18 $ 26,714.53
24" Flared End 4 EA $ 2,500.00 $ 10,000.00
18" Flared End 4 EA $ 806.00 $ 3,224.00
2/4/2009 " 209946 - Ver: 1 - NPESTELL
N0506-P4B-QOO . ESBM - 32625
PAVING
PHASE 48
16A5
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
3/4" Asphaltic Concrete (Type S-III)(1st lift) 19,275 SY $ 2.29 $ 44,139.75
3/4" Asphaltic Concrete (Type S-III}(2nd lift) 19,275 SY $ 1.76 $ 33,914.36
12" Stabilized Subgrade 25,880 SY $ 2.42 $ 62,500.20
4" Limerock Base for Sidewalk 3,245 SY $ 3.45 $ 11,195.25
6" Limerock Base 15,333 SY $ 5.10 $ 78,198.30
8" Limerock Base 7,717 SY $ 6.98 $ 53,864.66
Sodding (Bahia) 1,708 SY $ 1.44 $ 2,459.52
24" Valley Gutter 13,760 LF $ 5.30 $ 72,928.00
Curb & gutter (Modified Type "F") 603 LF $ 7.30 $ 4,401.90
Curb & gutter (Type "A") 508 LF $ 7.23 $ 3,672.84
24" Concrete Ribbon 1,044 LF $ 32.68 $ 34,117.92
4" Concrete Sidewalk 3,245 SY $ 18.00 $ 58,410.00
12" Solid stripe thermoplastic 180 LF $ 2.00 $ 360.00
24" Solid striDe thermoplastic 40 LF $ 4.02 $ 160.80
Blue Reflective pavement marker 13 EA $ 5.99 $ 77.87
Stop Sign 4 EA $ 140.50 $ 562.00
Street Sion 4 EA $ 92.01 $ 368.04
Curve Sign 2 EA $ 174.98 $ 349.96
Speed Limit Sign 12 EA $ 174.99 $ 2,099.88
2/4/2009 . 209946 - Ver: 1 . NPESTELL
N0506-P4B-OOO - ESBM . 32625
SUB-TOTAL PAVING = $ 463,781
15% CONTINGENCY = $ 69,567.19
TOTAL PAVING = $ 533,348.44
16A5
STREET LIGHTING
DESCRIPTION QUANTIT NIT TYP UNIT PRICE TOTAL PRICE
25' concrete pole and fixture 7,350 LF $ 8.63 $ 63,430.50
SUB-TOTAL LIGHTING = ~ 63,431
PHASE 4B
15% CONTINGENCY = $
TOTAL LIGHTING = $
9,514.58
72,945.08
2f4/2009 - 209946 - Ver: 1 - NPESTELL
N0506-P4B-OOO - ESBM - 32625
PHASE 48
lANDSCAPING
16A5
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAl PRICE
Code minimum landscaping 1 LS $ 80,000.00 $ 80,000.00
2/4/2009 - 209946 - Ver: 1 - NPESTELL
N0506-P4B-OOO - ESBM . 32625
SUB-TOTAL LANDSCAPING = $
15% CONTINGENCY = $
TOTAL LANDSCAPING = $
80,000
12,000.00
92,000.00
IRRIGATION
PHASE 48
DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE
4" Irrigation Main C-900, CL 150) 11,038 LF $ 11.50 $ 126,937.00
4" Irrigation Main C-900, CL 200) 160 LF $ 13.00 $ 2,080.00
8" Irrigalion Main C-900, CL 150) 2,112 LF $ 19.79 $ 41,799.65
8" Irrigation Main IC-900, CL 200) 234 LF $ 20.90 $ 4,890.60
8" x 4" TEE 8 EA $ 46.00 $ 368.00
4" Gate Valve wi Box 8 EA $ 805.00 $ 6,440.00
Controiler wi Rain Sensor 1 EA $ 3,450.00 $ 3,450.00
Electric Solonoid Vaive 1 EA $ 230.00 $ 230.00
SUB.TOTAL IRRIGATION = $ 186,195
15% CONTINGENCY = $ 27,929.29
TOTAL IRRIGA TION = $ 214,124.54
2/4/2009 - 209946 - Ver: 1 . NPESTELl
N0506-P4B-OOO . ESBM . 32625
16A5
filson s
-
16A5
Subject:
Location:
Discuss Chairman Signature part of the Agenda Process in more Detail
Kim's office - OMB
Start:
End:
Show Time As:
Thu 3/1212009 2:00 PM
Thu 3/12/2009 4:00 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
filson_s; bayartie; HutchlnsonBarbetta; CarterGlama; stone_w; LeavittTonia
Required Attendees:
Team,
It has come to my attention that there are some issues with the part of the process after the meeting
associated with those items requiring the chairman's signature and getting certain ones to the state
within a required timeframe. We'd like to examine this more carefully and make process/system
recommendations in addendum to that which we already published.
Thanks.
Kim
1
16A6
MEMORANDUM
Date: May 24, 2006
To: Susan Golden, State Grants Admin. Mgr.
Financial Administration and Housing
From: Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re: Resolution 2006-125
HUD Continuum of Care Grant
Enclosed, please find an original document, as referenced above, (Agenda
Item #16A6), which was adopted by the Collier County Board of County
Commissioners on Tuesday, May 23, 2006.
If you should have any questions please call me at 774-8406.
Thank you.
Attachment (1)
COLUER COUNTY
Operational SUpport and Housing
16A6
I
Memo
TO: Sue Filson, Executiye Manager BCC
Patricia Morgan, Supervisor
Clerk of Courts, Minutes and Records
FROM: SUsan Golden, Grants Administration Manage~
SUBJECT: Agenda Item 16 A (6) sec meeting 5/23/06
DATE: May 22, 2006
On May 23rd the Board will consider approval and submittal of a HUD Continuum
of Care (CoC) grant application for homeless assistance. There are two forms
needing to be signed by the Chairman and the Clerk and they have been tabbed.
I will need the original signed SF424 Application for Federal Assistance
and a copy of resolution on Wednesday. May 24th. The grant application must
be overnighted before the end of the day on Wednesday, May 24th as it is due in
Washington DC on May 25th. Please contact me at 213-2901 as soon as your
office has completed signing/attesting the two forms.
I apologize for the rush with these documents but the grant application was
released in mid-April and May 23rd was the first and only time we could place this
request on the Board's agenda. Thank you so much for your prompt attention.
Call me as soon as the documents are ready and I will pick them up on 5/24 and
include them in the overnight package.
Thank you for your assistance.
cc: Connie Johnson
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 A 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 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
exceotion of the Chairman's simature.. draw a line throuldl routiruz lines #1 tbroullh #4, comDlete the chec1dist, 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 cootact 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 10 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 10 approve the
item.
Name ofPrimaIy Staff
Contact
Agenda Date Item was
A roved the BCC
Type of Document
Attached
Susan Golden, Grants Administration
Mana er
5/23/2006
Phone Number
213-2901
16 A (6)
2
Yes
(Initial)
Y
N/A (Not
A licable)
Agenda Item Number
Resolution & SF 424 Application for
Federal Assistance
Number of Original
Documents Attached
N/A
Y
Y
Yffime
Sensitive
Y
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes colunm or mark "N/ A" in the Not Applicable column, whichever is
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 sibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other . es e~ t the BCC Chainnan 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 licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si tore and initials are 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 5/23/06 (enter date) and all cbanges
made during the meeting bave been incorporated in the attacbed document. The
Coun Attome's Office bas reviewed the cban if a Iicable.
I: FonnsI County FonnsI BCC Forms! Orilrinal Documents Routinl'( Slip WWS OriRinal9.03.04. Revised 1.26.05. Revised 2.24.05
2.
3.
4.
5.
6.
16A6
RESOLUTION NO. 2006 - 125
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING SUBMISSION OF A CONSOLIDATED
CONTINUUM OF CARE GRANT APPLICATION TO THE U.S. DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT (HUD) AND AUTHORIZING THE CHAIRMAN
TO SIGN THE APPLICATION ON BEHALF OF THE COUNTY, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(HUD) is accepting applications tor Continuum of Care funding to assist the homeless;
and
WHEREAS, in the January 2006 Point in Time survey, 513 individuals,
including 85 children, were identified as homeless in Collier County; and
WHEREAS, three local nonprofit organizations have Continuum of Care eligible
project requests totaling $932,395.00; and
WHEREAS, it is in the best interest of Collier County to request federal funding
for this purpose;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Collier County authorizes
submission of a Consolidated Continuum of Care grant application to the
U.S. Department of Housing & Urban Development (HUD) and authorizes
the chairman to sign the application on behalf of the county.
2. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the validity
ofthe remaining portions of this Resolution.
3. EFFECTIVE DATE. This Resolution shall become effective upon
adoption by a majority vote of the Board of County Commissioners.
..J
This Resolution adopted this d.3 of May 2006, after motion, second and
Page I of2
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK.
BY~ifJQ~ Jf;C
eputyClerk l
Attest &I to Cht',...,. .
.1 gntturt 0111..
Page 2 of2
16A6
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
/..,/...... ./,/',/""". ,//
~/ //2,J /
~~ - ..../ ~_.--~<.--~,/ -. :/. - .~.,::" --
Bx.:-~ ... -~G/ iC~~ ~
- FRANK HALAS, CHAIRMAN
16A6
APPLICATION FOR
Version 7/03
FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier
OS/23/2006
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier l
Application Pre-application
C Construction o Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
o Non-Construdlnn n Non-Con!l<tructlon I
5. APPLICANT INFORMATION
Legal Name: Oraanlzatlonal Unit:
Collier County Board of County Commissioners Department:
Housing and Grants
or~anizational DUNS: Division:
07 997790 Community Development and Environmental Services
Address: Name and telephone number of person to be contacted on matters
Street: Involvlna this application lalve area code)
Prefix: First Name:
2800 N. Horseshoe Drive Ms. Susan
Middle Name
,City.
I Naples
I County'
Matthews
Last Name
~
Collier Golden
State: I Zip Code Suffix: I
FL 34104
Count~: Email: I
Unite States susangolden@colliergov.net
6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) , Fax Number (give area code) I
@]@]-@J@][QJ[]@]@][] (239) 213-2901 (239) 403-2331
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back ofform for Application Types)
V New Continuation II Revision B
If Revision, enter appropriate letter(s) in box(es) Other (specify)
See back of form for description of letters.) 0 0
Other (speCify) 9. NAME OF FEDERAL AGENCY: I
U.S. Dept of Housing & Urban Development (HUD)
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ITJ[]-[]@]@] Collier County, Florida Continuum of Care (CoG) Housing Construction,
TITLE (Name of proram): Operating and Supportive Services
Continuum of Care CoG) Supportive Housing Program (SHP)
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.):
Collier County, Florida
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
Start Date: I Ending Date: a. Applicant M b. Project
July 2007 June 2009 14 & 25 4 & 25
15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
bRDER 12372 PROCESS?
a. Federal ~ uu IP THIS PREAPPLlCATION/APPLlCATION WAS MADE
932,395 a. Yes. -' AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant .00 PROCESS FOR REVIEW ON
347.458
c. State uo DATE:
d. Local $ uu 71 PROGRAM IS NOT COVERED BY E. O. 12372
b. No.
e. Other :li uu h OR PROGRAM HAS NOT BEEN SELECTED BY STATE
- FOR REVIEW
f. Program Income :li 00 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g.TOTAL $ 00 fJ Yes If "Yes" attach an explanation. ~ No
1,279,853
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLICATlON ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. AuthnrizAti' Renr"""nt",tiVf'
~F.fix I First Name Middle Name
Frank
Last Name Suffix
Halas
b. Title_._-7 ci:Telephone Number (give area code)
Chairman, Colli~.GourIfy B;naro of CQun~GOriirnissioners 239) 774-8097
.~:_~~~na.~A~t~~~~~~. .... >:~ _.~-_.--_.- ..- e. Date S~ned
.'
OS/23/2 06
PrB'flous Edition USClble ......... Standard Form 424 Rev.9-2003)
(
Prescribed bv OMB Circular A-102
Aj~f:Local~eDrOduction "':
DWIGHT E. BROCK, C~f~
v.,~/e .C\, ("':;()~.~
~\~rClerk Al.~!: as to Ch.t~.~."
Approv
sufficiency
w. Assistant County Attornev
16A8
MEMORANDUM
Date:
March 16, 2006
To:
Michele Mosca,
Principal Planner
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Cooperative Agreement Between:
The Office of Tourism, Trade and Economic
Development and Collier County
Please find two (2) Original documents of the above referenced
documents (Agenda Item # 16A8) which was approved by the Board of
County Commissioners on Tuesday, May 23, 2006.
Please forward the Agreement to the appropriate parties and return the
fully executed document to the Minutes and Records Department.
If you should have any questions regarding these documents, please call
774-8411
Thank you.
Enclosures (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPJ 6 A 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TU .
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 aile..: 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
exceDtion ofthe Chairman's sienature, draw a line through routing lines #1 through #4, comDlete 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 Michele Mosca, Principal Planner Phone Number 403-2466
Contact
Agenda Date Item was May 23,2006 Agenda Item Number 16A8
Approved bv the BCC
Type of Document Agreement Number of Original 2
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 bcen 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 ofthe
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 ofBCC approval.
Some documents are time sensitive and require fonvarding 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 .- ~.3 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 Iicable.
Yes
(Initial)
MM
N/ A (Not
A licable)
2.
3.
4.
5.
6.
MM
MM
MM
MM
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
STATE OF FLORIDA
16A8ftk
(!&ffice of the ~ol1ernor
JEB BUSH
GOVERNOR
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-000]
www.flgov.com
850-488-7146
850-487-0801 fax
RECEIVED
JUN f 9 m
Board of County Commissioners
June 15,2006
The Honorable Frank Hal/as, Chairman
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
RE: Rural Area of Critical Economic Concern Memorandum of Agreement
Dear Chairman Hallas:
Enclosed please find an original, fully executed Memorandum of Agreement (MOA)
between Collier County, and the Governor's Office of Tourism, Trade and Economic
Development (OTTED). Collier County is part of the South Central Florida Rural Area
of Critical Economic Concern which was re-designated February 16,2006 by Executive
Order Number 06-34, expiration date of February 16,2011.
Pursuant to Florida Statute 288.0656(7), designation as a rural area of critical economic
concern shall be contingent upon the execution of memoranda of agreement between
OTTED and the governing bodies of the counties and municipalities in a rural area of
critical economic concern.
Please retain this original for your files. If you have any questions assistance, please do
not hesitate to call me at (850) 487-2974 or email meatdiane.scholz@myflorida.com.
Sincerely,
iP~~
Diane Scholz
Assistant Coordinator, Rural Issues
Office of Tourism, Trade and
Economic Development
cc: Florida's Heartland REDI
o
G Governor's Mentoring Initiative
.. ;;} BE A MENTOR. BE A BIG HELP.
,.t-~ 1-800-825-3786
1'.,' .!
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. OAc
THIS STANDARD MEMORANDUM OF AGREEMENT IS
A COOPERATIVE AGREEMENT BETWEEN:
THE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
AND
COLLIER COUNTY, FLORIDA
I. Background and Purpose of Agreement
The purpose of this Memorandum of Agreement (MOA) is to document the terms and
conditions of partnership between the Office of Tourism, Trade and Economic
Development (OTTED) and Collier County for the implementation of the Rural Area
of Critical Economic Concern re-designation.
The Governor and the Legislature recognize that, while Florida's urban communities
have grown rapidly over the past 45 years, Florida's rural communities have not
shared this growth and prosperity. The Governor and Legislature further recognize
that although successful rural communities are essential to the overall success of the
state's economy, the well being and viability of many rural communities is becoming
more difficult as they struggle to maintain their capacity to support or enhance job
creating activity for their residents or to generate revenues for education and other
critical government services such as infrastructure, transportation and safety.
The Governor and the Legislature found that in many cases rural communities have
and continue to experience severe and sustained economic distress. Job creation rates
are significantly lower than those in more urbanized areas. In several cases, rural
communities have lost jobs. These factors handicap local economies and drain wealth
from these communities. It was further found that support provided by many state
programs and service delivery is often hampered by the structure of the programs
themselves and the lack of local resources.
Accordingly, the Legislature enacted, and the Governor signed in to law, Chapter 99-
251, Laws of Florida, which expressed the intent to provide for more efficient and
effective delivery of programs of assistance and support to rural communities
including the use where appropriate, of regulatory flexibility through multiagency
coordination and other measures, and declared the implementation of measures
providing such assistance to fulfill an important state interest. Chapter 99-251, Laws
of Florida, also created Section 288.0656, Florida Statutes, which authorized the
establishment of the Rural Economic Development Initiative (RED I) within OTTED
and the designation of up to three Rural Areas of Critical Economic Concern.
Section 288.0656, Florida Statutes, defined a Rural Area of Critical Economic
Concern as a region composed of rural communities adversely affected by
i...
r
\" R
extraordinary economic events. _Thus, pursuant to Section 288.0656 (7), Florida
Statutes, representatives of the twenty-one state and regional agencies and
organizations comprising the Rural Economic Development Initiative met on January
17,2006 and recommended the re-designation of the Counties of DeSoto, Glades,
Hardee, Hendry, Highlands, Okeechobee, and the Cities of Belle Glade, Pahokee and
South Bay in Palm Beach County, and the Immokalee Area in Collier County as a
Rural Area of Critical Economic Concern. On February 16,2006, Governor Bush
signed Executive Order #06-34 which implemented the re-designation.
This MOA establishes an understanding between OTTED and Collier County as to
the responsibilities of the Rural Economic Development Initiative and those of
Collier County to ensure the benefit of re-designation as a Rural Area of Critical
Economic Concern.
II. The Rural Economic Development Initiative
The Rural Economic Development Initiative (RED I) is responsible for coordinating
and focusing the efforts and resources of state and regional agencies on the problems
which affect the fiscal, economic, and community viability of Florida's rural
communities; working with local governments, community-based organizations, and
private organizations that have an interest in the growth and development ofthese
communities to find ways to balance environmental and growth management issues
with local needs.
Through REDI, participating agencies make the following commitments.
1. Facilitate better access to state resources by providing more direct
access and referrals to appropriate state and regional agencies and statewide
organizations.
2. Designate a specific staff person or persons from within the agency or
organization to serve as the representative for that agency or organization in
matters relating to the Rural Areas of Critical Concern. This person may be
the same individual as has been designated to serve as the agency's or
organization's representative to RED!.
3. The staff representative shall be the primary point of contact for his or
her agency with REDI on issues and projects relating to the Rural Areas of
Critical Economic Concern and, with regard to expediting project review,
shall ensure a prompt, effective response to problems and issues, and shall
work closely with the other REDI representatives in the identification of
opportunities for preferential awards of program funds as well as allowances
and waiver of program requirements when possible and appropriate to
encourage and facilitate long-term private capital investment, job creation,
and community enhancement.
16"08'
.1 ,. '",
4. Projects within the RuralAreas of Critical Economic Concern shall be
priority assignments for agencies within RED!.
5. On a case-by-case basis, REDI may recommend to the Governor
waivers of criteria, requirements or provisions of certain economic
development incentives including but not limited to the Qualified Targeted
Industry Tax Refund Program, the Quick Response Training Program, the
WAGES Quick Response Training Program, the Economic Development
Transportation Fund, the Brownfield Bonus Tax Program, and the Rural Job
Tax Credit Program.
III. The Participating Community
Pursuant to Section 288.0656, Florida Statutes, and to Executive Order #04-250, re-designation
as a Rural Area of Critical Economic Concern shall be contingent upon the execution of a
Memorandum of Agreement between OTTED and the governing bodies of the Counties and the
governing bodies of the Municipalities included within the area. Such memoranda shall specify
the terms and conditions of the designations, including the duties and responsibilities of the
Counties and Municipalities to take actions designed to facilitate the retention and expansion of
existing businesses as well as the recruitment of new businesses to the area, and improve the
quality of life for their residents.
Collier County makes the following commitments.
1. Designate a specific person from among Collier County elected or appointed
officials and one person from a non-profit organization engaged in economic
development activity to serve as an alternate for the community in matters relating to
the South Central Florida Rural Area of Critical Economic Concern. These
individuals may be the same as have been designated to serve as the community's
representative to other, similar organizations. The names and contact information for
these individuals are attached as Exhibit A.
2. Projects within the South Central Florida Rural Area of Critical Economic Concern
shall be priority assignments for local agencies under the control of the governing
body of Collier County. These agencies will work cooperatively with REDI agencies
to implement these projects
3. The governing body of the Collier County will work to ensure priority
consideration and cooperation among local organizations to support projects within
the South Central Florida Rural Area of Critical Economic Concern.
4. The governing body of Collier County will identify and implement those
actions it believes best designed to facilitate the retention and expansion of existing
businesses as well as the recruitment of new businesses and improve the quality of
life for their residents.
5. Upon request, the governing bocly of Collier County will provide such information to
OTTED which will facilitate REDI's annual review of the designation as a Rural
Area of Critical Economic Concern.
IV. Implementation and Duration
Pursuant to Executive Order #06-34, the re-designation of the South Central Florida Rural Area
of Critical Economic Concern affecting the Counties of DeSoto, Glades, Hardee, Hendry,
Highlands, Okeechobee, and the Cities of Belle Glade, Pahokee and South Bay in Palm Beach
County, and the Immokalee Area in Collier County as a Rural Area of Critical Economic
Concern. On February 16, 2006, Governor Bush signed Executive Order #06-34 which
implemented the re-designation. REDI may recommend the designation be terminated or
continued based on economic development progress from current base lines or upon performance
under the memoranda of agreement.
1. This MOA shall take effect immediately upon signature by the parties involved.
2. This MOA shall expire on February 17,2011 unless terminated earlier
based on economic development progress from current base lines or upon
performance as indicated above.
3. . Both parties shall review this MOA periodically. Ifrevisions are
needed, notification shall be given to both parties in writing of the specific
changes desired with the proposed modification language and the reasons for the
revisions. With the mutual consent of both parties, the proposed changes shall
become effective when both parties to the MOA have signed a modification to
this agreement.
4. Collier County may terminate this MOA at any time upon written notice to
OTTED.
fa
In Witness whereof, the parties have executed this Memorandum of Agreement this ;)3 day of
~o..y ,2006.
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Frank Ha as, ChaIrman
Collier County
Board of County Commissioners
Approved as to ,~(w."" "
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CAS6i-;tant County Attorney
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Cellier County
EXHIBIT A
Contact Information for an Elected or Appointed Official
Name:
Randall Cohen. AICP. Comprehensive Plannine Director
or Designee
Address: 2800 North Horseshoe Drive, Naples, FL 34104
Fax: 239-213-2946 or 239-643-6968
Telephone: 239-213-2903
Email: randallcohen@colliergov.net
Contact Information for one Person from a Non-Profit
Organization Engaged in Economic Development
Name: Tammie Nemecek, President, Collier County EDC
Address: 3050 North Horseshoe Drive, Naples, FL 34104
Fax: 239-213-2946 or 239-643-6968
Telephone: 239-263-8989 or Toll Free: 1-866-eNaples
Email: tnemecek@enaplesflorida.com
MEMORANDUM
Date:
May 25, 2006
To:
Melissa Hennig
Environmental Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
"Otter Mound Perserve Interpretive Trail Project"
Enclosed please find one (1) copy of the Agreement as
referenced above, (Agenda Item #16All), as approved by the
Board of County Commissioners on Tuesday, May 23, 2006.
If you should have any questions, please call me at
774-8411.
Thank you.
Enclosures (1)
16Al1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16Al1
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, aneVor information needed. If the document is already complete with the
exception of the Chairman's sirnature, draw a line throu"h routin lines #1 throu h #4, corn lete 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
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who createeVprepared the executive
sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
J-f?~ - ;).q.c;.f1
,4-
~
Yes
(Initial)
N/ A (Not
A licable)
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
G~
c"L-
c.-
eiL
rJ( !r
1: 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 signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
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 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 5). /) (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.
16Al1
Humanities'
COUNCil
Exploring the Florida Experience
March 1, 2006
Melissa Hennig
2800 N Horseshoe Dr
Naples, FL 34104
Dear Ms. Hennig:
I am pleased to inform you that the Florida Humanities Council (FHC) has approved your
request for $2000 in support of "Otter Mound Preserve Interpretive Trail Project." For
future reference, your grant number is 0206-3188MG-1867.
This award has been granted to Collier County Board of County Commissioners in order to
enable you to pursue the activities outlined in your Mini Grant proposal (copy attached), in
accordance with your budget. Your final report on the project will be due in our office no
later than 90 days after the completion of your program.
To indicate your agreement with these conditions, please sign one copy of this letter and
return it to the FHC office. Congratulations on your new grant.
Sincerely,
~J/~
J . Farver
Executive Director
Florida Humanities Council
~.l' Oh
Date
5 /~3/c;/P
I .
. ~ ~
BOARD OF COUNTY COMMISSIONERS,
COLLIE~_~~
By: ~ ~ ._,,'- ~.;/
FRANK HALAS, Chairman
Tom Pa mer, 599 Second Street South St. Petersburg, Florida 33701
As s i stan t Co un t y At torneyPhone: 727-873-2000 Fax: 727-873-2014 e-mail: fhc@flahum.org online: www.flahum.org
1686
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 infonnation needed. If the document is already complete with the
exception of the Chainnan'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 routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners JAK 10/20/06
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow Phone Number 774-8492
Contact
Agenda Date Item was May 23, 2006 Agenda Item Number 16B(6)
Approved by the BCC
Type of Document Developer Contribution Agreement with Number of Original Three
Attached Caloosa Reserve Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 5/23/06 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
Yes
(Ini tial)
JAK
N/A (Not
A licable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
I: Fonns/ County Fonns! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
06- TRN-00053/5
MEMORANDUM
Date:
October 23, 2006
To:
Sharon Newman, Operations Support Manager
Transportation Administration
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
A Developer Contribution Agreement with Ca100sa Reserve
Enclosed, please find a copy of the document referenced above (Agenda
Item #16B6), as approved by the Board of County Commissioners on
Tuesday, May 23, 2006.
Should you have any questions, please call me at 774-8411.
Thank you.
Enclosure
16 B /"
16BEj
MEMORANDUM
Date:
October 23,2006
To:
Jeffery A. K1atzkow
Office of the County Attorney
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16B6:
Developer Contribution Agreement with Caloosa Reserve
Enclosed please find original document as referenced above (Agenda Item
#16B6) which was approved by the Board of County Commissioners on
Tuesday, May 23,2006.
One original has been taken to be recorded and one original has been sent
to Sharon Newman in the Transportation Department.
If you have any questions, please call 774-8411.
Thank you
Enclosures
16 Q6
l..; . .,J
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board of County Commissioners (Attn: Trish)
FROM:
Jeffrey A. Klatzkow, Managing Assistant County Attorney (8492)
DATE:
October 20, 2006
RE:
Developer Contribution Agreement between Collier County and
Caloosa Reserve, LLC - (Agenda Item 16B(6), May 23, 2006)
Attached are three (3) of the above-referenced (original) Agreements. After
attesting by the Clerk, please record and retain one of the originals and forward the other
fully-executed documents, and a copy of the recording receipt, to this Office and the
Transportation Department (Attention: Sharon Newman).
Per Sharon, please use the following information for payment of recording fees:
FUND:
COST CENTER:
OBJECT CODE:
PROJECT:
313
163673
649030
60 171 1
Thank you.
cc: Sharon Newman, Accounting Supervisor, Trans/Admin (w/attachments)
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 8406
3920797 OR: 4126 PG: 1463
RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL
10/24/2006 at 08:16AM DWIGHT B. BROCK, CLBRK
RBC PHB
COPIBS
69.50
8.00
DEVELOPER CONTRIBUTION AGREEMENT
CALOOSA RESERVE
1686
THIS AGREEMENT ("Agreement") is made and entered into this ZOo '3> n:-\ day of
k~ 2006, by and between Caloosa Reserve, LLC, a Florida limited liability
company,\hereinafter referred to as "Developer," whose address is 870 Illlh Ave. N., Suite I,
Naples, Florida 34108, and The Board of County Commissioners of Collier County, Florida, as the
governing body of Collier County, hereinafter referred to as "County."
',~
\J
RECITALS:
WHEREAS, Developer has legal control over or is the owner of approximately 110.95 acres
of property in unincorporated Collier County, Florida, on which 110 residential single family units
will be constructed which is the site of a development known as Caloosa Reserve, which
development is identified in the map attached as Exhibit "A" (hereinafter referred to as the
"Development"); and
WHEREAS, Developer is willing to make certain road right-of-way dedications, at no cost to
County, including, but not limited to, 35 feet along the westerly boundary of the Development
bordering Massey Street for road right-of-way purposes, as more particularly described and depicted
on Exhibit "B" (hereinafter referred to as the "Right-of- Way"); and
WHEREAS, Developer is willing to "over pave" a portion of Massey Street which abuts the
Development; and
WHEREAS, Developer is willing to provide for water management outfall within the
Development for Tree Farm Road and Woodcrest, as depicted and described on Exhibit "C"; and
WHEREAS, in accordance with its 2030 Long Range Plan, the County intends to make
improvements to Massey Street and is willing to condemn any real property that may be required to
do so; and
WHEREAS, this Agreement is structured to ensure that adequate public facilities are
available to serve the Development concurrent with when the impacts of the Development occur on
the public facilities, and specifically to ensure that transportation facilities needed to serve this
Development shall be in place or under actual construction within three years after the County
approves a building permit or its functional equivalent that results in traffic generation; and
WHEREAS, the parties have agreed to certain terms and conditions set forth below; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board
finds that the terms and conditions set forth below are in conformity with contemplated
improvements and additions to the County's transportation network, and are consistent with both the
public interest and with the County's comprehensive plan, and other regulations pertaining to
development.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the parties, and in consideration of the covenants contained herein,
the parties agree as follows:
OR: 4126 PG: 1464
16
B ()
~.
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. In its plat for the Development, Developer shall dedicate the Right-of-Way to the
County, free of charge and with no impact fee credit, as described in Exhibit "B." Access to the
Development will be from Massey Street.
3. Developer shall "over pave" that portion of Massey Street which abuts the
Development so that the paved areas shall be approximately 22 feet wide.
4. Developer shall provide for water management outfall within the Development for
Tree Farm Road and W oodcrest, as depicted and described on Exhibit "e."
5. It is the County's intention to improve Massey Street in accordance with its 2030
Long Range Plan. In this respect, the County shall condemn any property that may be required for
such improvements.
6. At the earlier of: (i) plat approval, or (ii) 180 days after the date of this Agreement,
Developer shall prepay to County one-half (l/2) of the County's estimated Road Impact Fees for the
Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public
Facilities ("Certificate") vesting the Developer's Project to construct 110 residential single family
units solely for the purposes of meeting the County's Transportation Concurrency requirements, and
unless specifically required by law, the County shall not thereafter withhold the issuance of any
Certificate of Occupancy based on the County Transportation Concurrency requirements. Final
calculation of the remaining road and other impact fees due will be based on the impact fee schedule
in effect at the time of the issuance of building permits for such 110 units. Payment of these fees
vests the Development entitlements for which the Certificate applies on a continuous basis for three
(3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable
after payment and receipt of the Certificate.
7. Not later than 90 days prior to the expiration of the three-year period for the
Certificate, the County shall notify Developer via registered mail of the remaining balance due for
the estimated transportation impact fees up to 50 percent (50%), based on level of building permits
already issued. The balance of the impact fees due will be calculated at the rate schedule then
currently applicable. The Developer may elect to pay the balance of the estimated transportation
impact fees for the entitlements for which the Certificate applies or modifY the Certificate to a lesser
entitlement and calculate the balance of the transportation impact fees on the revised entitlements.
The Certificate shall be modified to include only the entitlements for which the estimated
transportation impact fees are paid. Once the balance of the estimated transportation impact fees are
paid, those estimated fees are non-refundable. The Certificate runs continuously with the land in
perpetuity after all estimated transportation impact fees have been paid. As building permits are
drawn down on the entitlements, the estimated transportation impact fees already paid shall be
debited at the rate of the impact fees in effect at the time of utilization. It shall be Developer's, or a
subsequent record titleholder's (of all or a portion of the Property, i.e. lot/tract purchaser), obligation
to notifY the County that a credit is available each time a building permit is applied. If the estimated
transportation impact fee account becomes depleted, the Developer shall pay the currently applicable
transportation impact fee for each building permit in full prior to its issuance. In the event that upon
build-out of the Development estimated transportation impact fees are still unspent, the remaining
balance of such estimated fees may be transferred to another approved project within the same, or
adjacent transportation impact fee district, provided any vested entitlements associated with the
OR: 4126 PG: 1465
1686;
unspent and transferred transportation impact fees are relinquished and the Certificate is modified to
delete those entitlements.
8. The burdens of this Agreement, shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement, including any
Homeowner Association(s). Except as othetwise provided herein, this Agreement shall only be
amended or cancelled by mutual written consent of the parties hereto or by their successors in
interest.
9. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
10. In the event state or federal laws are enacted after the execution of this Agreement,
which are applicable to and preclude in whole or in part the parties' compliance with the terms of this
Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement
shall not be construed or characterized as a development agreement under the Florida Local
Government Development Agreement Act.
II. Developer shall execute this Agreement prior to it being submitted for approval by
the Board of County Commissioners. 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. Developer shall pay all costs of recording this Agreement. A copy of the recorded
document will be provided to the Developer upon request.
12. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and there
remains a dispute under this Agreement, the parties shall first use the County's then current
Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party
may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue
with respect to any disputes arising out of this Agreement.
Remainder of Page Intentionally Left Blank
OR: 4126 PG: 1466
1686
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
ATTEST: r
DWIGHT E. BRae
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B~~k
.' . <: , Deputy Clerk
Attest .a, ~ ~&nIII .
s 19natwtt ORI~",
WITNESSESS:
By:
~~/
Frank Halas, Chairman
CALOOSA RESERVE, LLC, a Florida limited
liability company
By: BBMP, LLc, a Florida limited liability
company
By: ~.f-A
;Alan T. Schiffman, as manager of
BBMP, LLC
~~
Printed Name: \
Prin::N~: ~~~
yjen ,C;U:L-
STATE OF NE'vV JERSEY
)
) ss.
)
COUNTY OF (; { I' €4~
'itA
The foregoing instrument was acknowledged before me, this _ day of
OcJ"'O~J '2...06{ "" , by Alan T. Schiffinan, as manager of BBMP, LLC, a Florida limited
liability company, the manager of Caloosa Reserve, LLC, a Fl09da limited liability company, on
behalf of said company and company, who is personally ~ known to me or has produced
as identification.
SEAL
;~.iJnet1e r; Brennan
'. ,.[',11],55:0/1 #ODI9]986
bpires Apr 25,2007
Bonded Thru
'\tlantlc Bonding Co., Inc.
1fMt. day of (~L/6~ ,2006.
~d1;_ 'fl. ~J
Not'}fY Public ^ I Q
-Mt1P If~ ~ I::}r eJ) I1eu1
Printed Name
'f- dtj-D 7
Commission No. Expiration Date
WITNESS my hand and official seal this
--~,
~F '~;~,~~ I
and legal sufficiency:
latzkow
ounty Attorney
498587 v _02 \ 0451.0451 9/28/2006
THE DEVELOPMENT
OR: 4126 PG: 1467
16B6
PARCEL 'I: The North ~ of the Sf )4 of the NW )4 oi Section .36, Township 48 South, Range 26 East, Collier
County, Florida.
PARCEL 2: The South * of the NE 14 af the NW )4 of Seclion .36, Township 48 South,
Range 26 East, Collier County, Florida.
PARCEL 3:
Parcel A: The Cast ~ of the East ~ of the North lh of the NE ~ of the SW 14 of Section 36, Township 48
Soutl-" R":lfIge 26 East, Collier County, Florida, (lnd
Parcel 8: The West }~ of tile East * of the North ~~ of the NE l~ of the SW 1~ of Section 36, Township 48
South, Range 26 East, Collier County, Florida.
PARCEL 4: The NW 14 of the NW 14 of Section 36, Township 48 South, Range 26 Easl, Collier County, Florida,
subject to on easement for Public Road Right-or-Way over and across the North 30 feet and the West 30
feet lhereof,
PARCEL 5: The 3vuth * of the SE ~ of the NW )4 01 Siictioro 36, Towllship 40 South. Rang", 2G Eu:;l, Collier
County, Florida, subject to an easement for Public Rood Right-6f-Woy over and across the Soutl1 30 feet and
th~ !;:9~t SO ff!et th~re9f,
Exhibit "A"
Page 1 of 2
33 34 '--4: 35 32 33
~> 31
w
. ...J
~::> VANDERBILT
VAN ERBILT BEACH ROAD 00 COUNlRY CLUB
Q)
~
w
:J
0 ...J
~ 4 3 0
~ u 2
~ 6 5 4-
:::>
0
Q) GOLDEN GATE BOULEVARD
z
-4:
C
0
...J 10 11 12 7
9 8
9
A
16 15 14 13 18
17 16
GREEN BOULEVARD
.QJUIU
CALOOSA RESERVE, LLC
ClO NAPlES REALTY GROUP, LLC
1170 1111h Awnuo Narth.
Sullo 1
Nap.... Fl. 341011
PHOHE:(23I) 517-18811
fAX: 131 _11154
OR: 4126 PG: 14616 E 6
16
15
17
16
13
14
18
21 22 24 20 21
23 19
IMMOKALEE ROAD (C.R. 846)
28 ite
27 26 30 29 28
TREE FARM ROAD
Location MaQ.
NTS
8ZII1Blf' ...
c.tLOOBI. UBUU
Q. GIlBY _ . j.CRnftlll. P J.
cmr. IIlGDOlIIlS . L&IlD lIUIl9It'OlS . PLUlllIIIlI
_ ... DIL ..,
_ _ 11.0_ MIlK
_ , (11I8) "'-IIU I'd:,.) "'-CIS'IlI
1Nll_ __ al' __ D IlOCIIWlS
DI!:VElDPER
CALOOSA. DEVELOPMENT. LLC
C/O NAPLES REALTY GROUP. LLC
117D 1111h A_uo Narlh.
SuI" 1
NapI... F1. 34108 lOB CODa
PHONE:(131) 5117-_
FAX: 231 5113-11254
LOCA11ON MAP
lIa 1OD8
DlU.1IING II1IJIIIER 1 .. 1
Exhibit "A"
Page 2 of 2
OR: 4126 PG: 1469
_n
--.. - ,....,.,
-
llDIII lIIIY.IIII2III
QO=r~Ll.O C:=~~
m 111" ... IWth, 171 111111 ..... ,....
... 1 .... 1
~~.:.r:.. ~ ~ ..a;~:..
PM: eu-UM ,. au-...
1llI61aO~1'"
!ltii'!3I!F--
Exhibit "B"
16186
--..----.----------~--~--~-----.----.-------.---.-------------* * * OR: 4126 PG: 1470 * * *
","flOJCl.."n:
_..__ 1'tt000EItTY
1OUIC)AIlY
,oDIN,. 1'lC)\'OlJUI'MCOP....T
COl.I.D.lXiUMn'!>IIIOPDtTY Al'fIlWS[IIS cwa:
AEIllALDA'!!l.AllMJM1'2004
mmIB ~ Dl8>>llDnlN..o
lXI:;:~g'::1L~l~LLC Jt=...s,,=~,:;.~c llfU.1'Ilft as
870 \11Th A_v, I'lor1h, 870 I1ITh ...__ Ncrlh, ~".I)
Suit" SuIt, I
~1..,f1. :M11l1 NopI...fl341OB
PHON(:(231) 5117-2611I PltllNE:(23f1) 517-8.
FAX: 2Jg Sll3-l2~ FAX: 2J9 elll-B254
Exhibit "e"
~ GRADY JlIJ'JR .&Ill mx:J&ml, P.l
C1ft.DQIIlIIJIIt. W1D1tII9I101S. PLlIlIIR8
... lU. DIL DT
lOllftol ~ rt.OllIDJ, 141M
~l~~"or"'~~~"~-::w
686
0'''''''
....."""'-
I (p -a 1:1.
MEMORANDUM
Date:
June 5, 2006
To:
Brandy Otero
Transportation
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
New Staff Services Agreement between Collier County
Government and the Collier County Metropolitan
Planning Organization
Enclosed please find one (1) original and (1) copy of the document as
referenced above, (Agenda Item #16B11), which was approved by the Board
of County Commissioners on Tuesday, May 23, 2006.
The Minutes and Records Department has retained an original copy of the
agreement.
If you have any questions, please call me at 774-8406.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & RoutlNLsDrll 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS S~~ ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Pri" 00 ph" p.W At_ to mig'''' do"m".. 0""", 'oc"""'"" ,boold '" b"" "Ji,=, 10 ~,"""" Olli". lb, "mp'"'' ,,,ti,, 'lip ,,' o"~,",
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Comp'"" "''''''' Ii~ #I ~"'"gh #4 ~ 'POmp"'" f" "'''lioo. ""'''"'''', ""'" "dim ,"f~",,," ,,"''''. Jf~, ,Ii""m", " """'" "'mp''''' w,th ""
~"""oo of"" ChO""",', ""'''''re, ,~w . Ii" tI"""" "'"ti" Ii~., th",""" #4, "''"'''''' ~, "''''''Ii" "" ftnw", '" S" Fit"", (Ii" #5).
Route to Addressee(s) Office Initials Date
(List in routinl!: order)
1.
2.
3.
4.Scott R. Teach Assistant County Attorney se~. 5/31/06
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 BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Brandy Otero
Contact
Agenda Date Item was 5/23/06
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Staff Services Agreement
Number of Original
Documents Attached
659-5715
16BII
2 sets
Yes
(Initial)
SRT
5.&' ~
N/A (Not
A licable)
I.
INS~ UCTIONS & 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 tor 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 5/23/06 (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, jf a Iicable.
N/A
SRT
SRT
I: Fonns/ County Fonns/ BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
1681111
COLLIER
Metropolitan Planning Organization
2885 South Horseshoe Drive, Naples, FL 34104. (239) 774-8192. Fax (239) 213-5815
MEMORANDUM
DATE: 5/26/06
TO: Commissioner Coyle, MPO Chair
FROM: Brandy Otero, Planning Technician
SUBJECT: Staff Services Agreement
Please sign the attached two copies of the Staff Services Agreement approved by the MPO Board on
May 12,2006. If you have any questions, you may contact me at 659-5715.
16811
MPO STAFF SERVICES AGREEMENT
THIS MPO STAFF SERVICES AGREEMENT is made by and between the Collier Metropolitan
Planning Organization (the "MPO") and Collier County, Florida.
WITNESSETH:
WHEREAS, the MPO, pursuant to the power conferred upon it by Section 339.175, Florida Statutes,
and Article 5 of the Amended And Restated Interlocal Agreement for Creation of the Collier
Metropolitan Planning Organization (the "Interlocal Agreement") between the Florida Department of
Transportation ("FDOT"); Collier County (the "County"); the City of Marco Island; the City of
Naples; and Everglades City, dated May 10, 2005 may employ personnel and/or enter into
agreements, with local and/or State agencies to utilize the staff resources of such agencies or for the
performance of certain services by such agencies as necessary to fulfill its responsibilities and
obligations as required by law, and
WHEREAS, pursuant to the aforesaid Interlocal Agreement executed between the County, the City
of Marco Island, the City of Naples, Everglades City and the FDOT, it is contemplated that County
personnel will perform the substantial portion of each task provided for in 23 Code of Federal
Regulations (CFR) Part 450 and Chapter 339.175 Florida Statutes as necessary to carry out the
continuing, cooperative and comprehensive transportation planning process mandated by Federal
regulations as a condition precedent to the receipt of Federal capital or operating assistance in the
urbanized area, and
WHEREAS, it is deemed by the parties to be appropriate and necessary that the duties and obligation
of the County, in relation to its role as the staff to the MPO, be defined and fixed by formal
agreement,
NOW, THEREFORE, in consideration of the mutual covenants, premises, and representations
herein, the parties agree as follows:
1.00 Purpose
For the reasons recited in the preamble, which are hereby adopted as part hereof, this agreement is to
provide for professional services to carry out the terms of the Interlocal Agreement and any other
agreement to which the MPO is a party, and to provide staff services and support for the
administration of the MPO.
2.00 Scope of Services
It is agreed by the County that it shall furnish the MPO with the staff necessary for professional,
technical, administrative, and clerical services, equipment, office and other space, and other
incidental items as may be required and necessary to manage the business and affairs of the MPO
and to carry on the transportation planning and programming process specified by the Interlocal
Agreement and any other agreement to which the MPO is a party; provided, it is understood and
16811
agreed that, unless otherwise provided for, the performance of such service and functions shall be
limited to those specified and allocated to the County in the annual Unified Planning Work Program
(UPWP) budget and all approved budgets and management reports under Federal or State grant
contracts with the MPO.
The MPO authorizes the MPO Director to secure FDOT approval for amendment ofUPWP tasks,
which change their dollar value by an amount less than or equal to $25,000, and which do not change
their scope or the total approved funds for the UPWP. Any amendment of the UPWP greater than
$25,000 shall require the approval of the MPO.
The UPWP shall be prepared by the MPO Staff in cooperation with all related state and federal
agencies and MPO committees in accordance with the rules and regulations governing the MPO and
shall be subject to the approval of the MPO before submittal to State or Federal agencies.
2.01 MPO Director
The MPO Director shall be responsible to the MPO for the conduct of the transportation planning
process as detailed in the annual UPWP as well as the appointment, assignment, direction, and
control of all personnel necessary thereto; the development of an appropriate organizational structure
to carry out the responsibilities set forth in the Agreement; and the development of procedures to
monitor and coordinate the planning process, as well as the overall administration ofMPO programs.
Changes to the number ofMPO staff positions shall be subject to the approval of the MPO Board.
2.02 Commitment of Personnel
The MPO Director shall annually have prepared a detailed listing of all tasks necessary and incident
to carrying out the planning process. The MPO staff shall, at a minimum, have the following duties
and functions:
a. Carry out the tasks as defined in the annual UPWP and ensure the continued
certification of the MPO;
b. Coordinating the activities of the various structures established by the Interlocal
Agreement heretofore mentioned;
c. Preparing the agendas and public notification for meetings of the MPO Technical
Advisory and Citizens Advisory Committees, Pathways Advisory Committee,
Congestion Management System/Intelligent Transportation System Stakeholders
Committee, the Local Coordinating Board for the Transportation Disadvantaged and
any other committees under the MPO's control;
d. Preparing resolutions and other appropriate documents;
e. Scheduling meetings, giving notice, keeping minutes;
2
16811
f. Coordinating and monitoring the activities ofthe various supporting offices;
g. Preparing an annual report;
h. Preparing such interim reports as may be required;
1. Developing and implementing operating procedures of a secretarial and
administrative nature as are necessary and proper in order to effect the most efficient
implementation of said program;
J. Directing the implementation of policies established by the MPa; and
k. Performing other duties as may be assigned by the MPa.
2.03 Legal Representation for the MPO
The MPa may employ special legal counsel for specific needs when it is deemed necessary.
2.04 Annual Budget
The UPWP shall serve as the annual budget for the MPa. The UPWP shall identify funding sources,
participating agencies and the level of participation by the various agencies.
2.05 Financial Administration
a. The records and accounts ofthe MPa including receipts, expenditures and deposits
shall be administered by the County in accordance with its ordinary procedures.
b. Contracts and bids for the purchase of materials and services shall be in accordance
with County procedures for the same purposes. The MPa shall review and approve
all Requests for Proposals (RFP) and subsequent contracts. Contracts and bids for
the purchase of materials and services using PL funds allocated to the MPa and
identified in the UPWP will be in accordance with County procedures and any
actions taken within the authority of the MPa relating to such matters shall be
independent of BCC approval.
c. Through the adoption of this Agreement, the MPa adopts the United States
Department of Transportation's goals regarding the procurement of services from
firms registered as Disadvantaged Business Enterprises (DBE).
3.00 Reimbursement to the County
The MPa hereby agrees that it shall reimburse the County for all services rendered under this
3
16 BII
Agreement as specified in the UPWP budget and all approved budgets under Federal or State grant
contracts with the MPO and in accordance with the procedures established pursuant to 2.05 of this
Agreement. The determination of eligible costs shall be in accordance with 23 CFR Section 420, as
appropriate.
3.01 Local Share
The MPO will provide cash or in-kind services for the required match for Federal funds from the
Federal Highway Administration (FHW A) and the Federal Transit Association (FT A) where
appropriate. These funds may also be derived from financial contributions made by the MPO's
member local governments, including Collier County and the Cities of Naples, Marco Island and
Everglades City.
3.02 Invoices and Progress Reports
The MPO shall provide to the FDOT or appropriate Federal agencies quarterly progress reports and
an invoice for reimbursement for all Federal grants with FHW A and FT A and State grants received
through the Florida Commission for the Transportation Disadvantaged (CTD). The progress reports
and invoices shall be in sufficient detail for audit purposes.
3.03 Payment
Payment to the County of any and all monies by the MPO is contingent upon the MPO first receiving
the funds for the work tasks from the FDOT, FHW A, FT A or CTD.
3.04 Travel Expenses
Reimbursement from Federal and State funds for travel expenses incurred by MPO staff and Board
members for MPO business shall be at the per diem rates used by the respective local governments.
The difference between the FDOT and locally accepted per diem rate shall be derived from local
contributions to the MPO, constituting a PL funding match.
4.00 Information and Reports
The County will provide all required information and reports and will permit access to its books,
records, accounts, and other sources of information, and its facilities as may be determined by
FDOT, FHW A, or FT A to be pertinent to ascertain compliance with such regulations, orders and
instructions. Where any information required of the County is in the exclusive possession of another
who fails or refuses to furnish this information, the County shall certify to FDOT, FHW A, or FT A as
appropriate, and shall set forth what efforts it has made to obtain the information.
5.00 Continuity of Operations Plan (COOP)
4
16811
The MPO shall adhere to Collier County's Continuity of Operations Plan (COOP), contained within
the County's Comprehensive Emergency Management Plan (CEMP) and any additional
administrative policies pertaining to hurricane preparedness.
6.00 Amendment of Agreement
The County and the MPO may, upon initiation of either party, amend this Agreement to cure any
ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which
are consistent with the intent and purpose ofthis Agreement subject to formal approval by resolution
of each party.
This Agreement shall become effective upon approval by the MPO and the County and remain in
effect for a period of three years. At that time, the MPO shall review this Agreement to determine if
any changes are warranted.
IN WITNESS WHEREOF, the undersigned parties
duly executed in their behalf this :23 day of
ve caused this Staff Services Agreement to be
,2006.
COUNTY OF COLLIER
COLLIER
METROPOLIT AN PLANNING
ORGANIZATION
By: ~~~ /'
'---
By:
ATTES'L'~. ~ ,0(,
Attut .. to'Clta1
,t9"~t......onl. ...
ATTEST:
5
16814
MEMORANDUM
Date:
March 16, 2006
To:
Pamela Lulich
Alt. Trans. Mode
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-126
State of Florida Department of Transportation
Highway Landscaping Installation and
Maintenance Agreement
Please find six (6) Original Resolutions, six (6) Original Agreements,
six (6) Original Exhibit A and six (6) Original Exhibit B of the above
referenced documents (Agenda Item # 16B14) which was approved by
the Board of County Commissioners on Tuesday, May 23, 2006.
Please forward the Agreement to the appropriate parties and return the
fully executed document to the Minutes and Records Department.
If you should have any questions regarding these documents, please call
774-8411
Thank you.
Enclosures (6)
16814,
RESOLUTION NO. 2006- 126
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY
LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR A PORTION OF THE 1-75/PINE RIDGE
ROAD INTERCHANGE.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a
Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County,
wherein FDOT will permit Collier County, at its sole cost and expense, to install and maintain
landscaping within a portion of the 1-75 right-of-way at the Pine Ridge Road Interchange; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the
best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Frank
Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FDOT along with the executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same, this 21 day of
1!1(f ,2006.
A TrEST:
DWIGHT E. BROCK".Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:~~
FRANK HALA , ~
fS~~'O '~I.D(
',"'''''' . ut).'Clerk
Atust :as.,tofha \raan 5
signltun onl.
legal sufficiency:
L
Sco Teach
Assistant County Attorney
16814
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INST ALLA TION
AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this.lL day of May, 20~, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT", and Collier County Board of County Commissioners
"COLLIER COUNTY"., hereinafter referred to as the "AGENCY".
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 1-75 as
part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way of State Road 93/ 1-75 at CR 896;
Section(s) 03175009, 03175011, 03175013 and 03175015 at Mile Post 55.940, 55.948,56.28 and
56.619, hereinafter referred to as the "PROJECT"; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated May 23. 2006 , a copy of which is
attached hereto and made a part hereof, has authorized its "Chairman" to enter into this Agreement
on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this
Agreement, it has:
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on April 7. 2006. to the following utilities/municipalities:
FPL. Collier County Publie Water & Wastewater. Sprint. Comeast. Time Warner.
City of Naples. AT&T. Owest Communications. Peoples Gas and Collier County
Traffic Operations.
(b) Complied with all permit requirements from the appropriate agencies
(county, municipality, etc.) in connection with the activities described
hereunder.
16814
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes.
2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A", attached hereto and by this
reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic
650-050-001-c), as they may be amended from time to time.
3. The AGENCY agrees to maintain the landscape improvements in accordance with
the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference
made a part hereof.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be
liable under this section for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
DEPARTMENT may, at its option, proceed as follows:
16814
(a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
8. The term of this Agreement commences upon execution by both parties.
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
10. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY'~~
FRANK HALAS, .-'"
BY:
District Secretary
ATTEST: .
DWIGHT::E. BROCK, CJ~~k
B~i -Gi(~.4
Attest II vto.' ".~PWwt)sClerk
. tgnaturt on 1 .
AR oved a" 0 tprm and legal sufficiency:
ATTEST:
Executive Secretary
Legal Review
District Legal Counsel
16814
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 4
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 Oftiee 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
exc tion of the Chairman's si ature, draw a line throu h routin lines # I throu h #4, co lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
---.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending 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 stafTfor 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 . S Phone Number 403-2350
Contact
Agedda Date Item was Agenda Item Number 16C4
A roved b the BCC
Type of Document Number of Original 2
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 rnost cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on 5-23-06 (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
2.
3.
4.
5.
6.
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(ip
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1: Forms! County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16C4
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against:
DAVID HOWELL
2475 SUNSET AVE
NAPLES, FL 33962
The Lien was recorded on 24TH day of October 1994, in Official Record Book
1996, Page(s) 1249, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida. The Lien secures the principal sum of Two Thousand Two Hundred Dollars and No
Cents ($2,200.00), plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, described as follows:
LOTS 65 AND 66, SUNSET HOMES SUBDIVISION, COLLIER COUNTY,
FLORIDA AS RECORDED IN O.R. BOOK 769, PAGE 1856 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT
DOCUMENT RECORDED IN OR BOOK 1791, PAGE 51 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 75762320008
Collier County, a political subdivision of the State of Florida, and the Collier County
Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by
action of the Board this~day of ~, 2006.
ATTEST:
DWIGHT"'E.BR9CK,:CLERK
~ct4GJ]~,~
tte$:t,., to CM'1",. .
.1gn.tw.. .pal-..... "
Approved-at.~) fQ,IJl1',~nd
Legal sufficie Y"'"''''
.~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
~~-
FRANK HALAS, CHAIRMAN
~D VID. EL
COUNTY ATTORNEY
16C4
EXHIBIT
"A"
1. David Howell, securing the principal balance of two thousand two hundred
dollars and no cents ($2,200.00). Folio #75762320008.
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiarni Trail
Naples, Florida 34112
(239) 774-8400
3844652 OR: 4~ ~ {;8.l.
RJCORDID in OffICIAL UCORDS of COLLIU COUID 7
OS/25/2006 at 07: 59A11 DVIGH'I' I. BlOCE, CLm
UC III 18.50
cams 2.00
Retn:
cmE '1'0 'l'HI BOARD
IRmomCI m fLOOR
1lT72tO
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against:
DAVID HOWELL
2475 SUNSET AVE
NAPLES, FL 33962
The Lien was recorded on 24TH day of October 1994, in Official Record Book
1996, Page(s) 1249, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida. The Lien secures the principal sum of Two Thousand Two Hundred Dollars and No
Cents ($2,200.00), plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, described as follows:
LOTS 65 AND 66, SUNSET HOMES SUBDIVISION, COLLIER COUNTY,
FLORIDA AS RECORDED IN O.R. BOOK 769, PAGE 1856 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT
DOCUMENT RECORDED IN OR BOOK 1791, PAGE 51 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 75762320008
Collier County, a political subdivision of the State of Florida, and the Collier County
Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full Satisfaction of the Lien and hereby cancels the 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, and as Ex-Officio the Goveming Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by
action of the Board this~day of rw.~t .2006.
ATTEST---. -.';:' t.:,.,:..
, ...~,,~.. .... .....~. "',
DWIGff:r.t::.aROCK~: CLE RK
~:t ,4JEi.~\~{) , ~
tta~...to. Qai~:
t M'" . .........
Ion.. a.' ',' .'
Approve .~.:al'fd
~/I
.rD VID. EL
COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
~?~~
FRANK HALAS, CHAIRMAN
16C4
*** OR: 4043 PG: 1485 t**
EXHIBIT
"A"
1. David Howell, securing the principal balance of two thousand two hundred
dollars and no cents ($2,200.00). Folio #75762320008.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~l
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 C 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU .
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
exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Phone Number
Agenda Item Number
Q{
Number of Original
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 ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwal1ding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 5-23-06 (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 e$, if a licable.
403-2350
16C5
2
Yes
(Initial)
N/A (Not
A licable)
@
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 1240
*** 3844650 OR: 4043 PG: 1482 ***
RBCORDBD in the OPFICIAL RBCORDS of COLLIBR COUNTY, PL RBC FBB
OS/25/2006 at 01:59AM DWIGHT B. BROCK, CLBRK COPIES
10.00
1. 00
RESOLUTION NO. 2006-~
16C5
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1994 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 95-475,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and this
Satisfaction of Lien individually in the official records of Collier County:
Account No.
27436
This Resoiution adopted this 23KJ>day of ~, 2006. after motion,
second and majority vote.
ATTEST~'. ~'-~ :'~~_~.'," "
DWIGlif.E:.'SROcK1 CLERK
~ .~ ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. 1:., '
(~ .. ~ 'i
At~~',"..~9",Ch.'raan ,
Itgriatf1ift i.o.ftl~'
Approved as to form and
legal suffi' cy: ~
BY:
~~~
FRANK HALAS, CHAIRMAN
!Jc.
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844651 OR: 4043 PG: 1483 **:
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
OS/25/2006 at 07:59AM DWIGHT Eo BROCK, CLERK
RBC FRE 10.00
COPIBS 1.00
Retn:
CLERK TO THB BOARD
INTBROFFICE 4TH FLOOR
BIT 7240
16C5
Property Folio No: 75762320008
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
HOWELL, DAVID
2475 SUNSET AVE
NAPLES FL 339620000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
Two Hundred Eight Dollars And Seventy Four Cents ($208.74), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
SUNSET HOMES LOTS 65 + 66 OR 1791 PG 51
Folio No.
Project No.
Account No.
75762320008
64000
27436
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this;? 3 t?r> day of (V/ Ii Y , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~ ~A
By ~ ~/
FRANK HALAS, CHAIRMAN
r David C. eigel
Cou nty ttorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
3844652 OR: 4043 PG: 1484
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/25/2006 at 07:59AK DWIGHT B. BROCK, CLBRK
RBC FEB 18.50
COPIES 2.00
Retn:
CLERK TO THB BOARD
INTBROFFICE 4TH FLOOR
BXT 7240
16C5
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against:
DAVID HOWELL
2475 SUNSET AVE
NAPLES, FL 33962
The Lien was recorded on 24TH day of October 1994, in Official Record Book
1996, Page(s) 1249, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida. The Lien secures the principal sum of Two Thousand Two Hundred Dollars and No
Cents ($2,200.00), plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, described as follows:
LOTS 65 AND 66, SUNSET HOMES SUBDIVISION, COLLIER COUNTY,
FLORIDA AS RECORDED IN O.R. BOOK 769, PAGE 1856 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT
DOCUMENT RECORDED IN OR BOOK 1791, PAGE 51 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 75762320008
Collier County, a political subdivision of the State of Florida, and the Collier County
Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full Satisfaction of the Lien and hereby cancels the 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by
action of the Board this~day of ----M.iq-, 2006.
ATTEST"',~' '. ~'.,'.
. ,'; "". '\ ~ -. ~~ ,.f,
DWlqfi~1=''':;aRQc.,~<.~~ERK
'. .J ~', .
~. . .;:~~
ttaS.'I-to"~
AP~~~~~:~t;~.~~'d' ·
Legal sulficie 'f'."""/i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
~~~
FRANK HALAS, CHAIRMAN
~D VID. EL
COUNTY ATTORNEY
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 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 be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOl'\varded to the Board Office only after the Bmlrd has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
1.
--
-------~-
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.
2.
403-2350
Agenda Item Number 16C6
4
(0
l0
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
3.
4.
------
5. Sue Filson, Executive Manager
Board of County Commissioners
~~
Phone Number
aB10 - la~
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties 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 5-23-06 (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 Iicable.
2.
3.
4.
5.
6.
~~: *** 3844642 OR: 4043 PG: 1474 ***
CLBRK TO THB BOARD RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL RBC FBB 10.00
INTBR7024FOFICB 4TH FLOOR OS/25/2006 at 07:59AM DWIGHT B, BROCK, CLBRK COPIBS 1.00
BXT RESOLUTION NO. 2006- 128
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR 16 C 6
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1995; and
WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1995; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in the Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995
Service Year Solid Waste Collection and Disposal Special Assessments for the following
accounts numbered below, subsequent to the adoption of Resolution No. 2000-236,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and these
Satisfactions of Lien individually in the official records of Collier County:
Account No.
505
22431
28642
This Resolution adopted this J3Ri:>day of r\;1 A" ,2006, after motion,
second and majority vote. ~
ATTEST:
DWIGHT E. BROCK, CLERK
~~I~'~~'~C
.t~Wf't .on 1 -:-.. . .
Approved asto form' and
legal su ....:._d, _::. ..,. ..'~
"\.j'.l~ ..
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~..,> -4? ./
FRANK HALAS, CHAIRMAN
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844643 OR: 4043 PG: 1475 **1
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
OS/25/2006 at 07:59AM DWIGHT E. BROCK, CLERK
REC FEE 10.00
COPIES 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BXT 7240
16C6
Property Folio No. 00071640004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
FUSSELL, ROGER W=& BARBARA A
3203 WESTCLOX ST
IMMOKALEE FL 341422037
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Ten Dollars and Fifty Eight Cents ($210.58), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
31 4629 BEG NE COR RUN W 900FT, S 220FT FOR POB, S 220FT,
W 100FT, N 220FT, E 100FT TO POB .5 AC OR 1270 PG 2066
Folio No.
Project No.
Account No.
00071640004
65000
505
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this~3d.day of ~, 2006.
ATTEST:
DWIGHT E. B~,QCK, CLERK
K\'~ :'..~..~.....~~... t~l
\.....0 ''II'' . /
-~~ .(9ft)~ :.
~ .~., ,
and I~~l.sufflciallby ., ',.~
.. " '" .... ".' ...:..:.' ~
JJ"'/("I;.,~ : 5\', .\~ /
..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL DA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844644 OR: 4043 PG: 1476 **~
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
OS/25/2006 at 07:59AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1,00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH PLOOR
BXT 7240
16C6
Property Folio No. 62254160006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
RODRIGUEZ, MARIA DEL PILAR
5318 JENNINGS ST
NAPLES FL 341137818
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES MANOR LAKES BLK 6 LOTS 10 THRU 13, 27 AND 28 OR
1906 PG 1796
Folio No.
Project No.
Account No.
62254160006
65000
22431
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this~lday of Mil t ,2006.
ATTEST:
DWIGHT E. ~ROCKJ,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLlER_ W~T~A
By: ~ ~~
FRANK HALAS, CHAIRMAN
~.
J}L
Attett/u to :.]',niaI\,
A ~~~iOil~MrTf'- : :..~
and legat:~ia-!ffl<1ie~y ....'
-':'<::;.:.::......:~
<,.'.;. ~'~~ ,;]",
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844645 OR: 4043 PG: 1477 **~
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/25/2006 at 07:59AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16C6
Property Folio No. 75762320008
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
HOWELL, DA VI 0
2475 SUNSET AVE
NAPLES FL 341126427
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
SUNSET HOMES LOTS 65 + 66 OR 1791 PG 51
Folio No.
Project No.
Account No.
75762320008
65000
28642
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this ~3dday of rvtAt ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
~~-~f~~..~. . ,.ilL
Ap~ticW'ffi;, ':':,
and le981 ~u,ffiCiencf :::;
~,'..' "'g-j"""
'. ,,; .' .~ '."
< . "" '. .'~ ...
. ' "" . . '. t-,\~~j" ~
\; ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COU_N~A
By: ~ - ~~.......
FRANK HALAS, CHAIRMA
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 7
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 OlTice. 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
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
1.
2.
5. Sue Filson, Executive Manager
Board of County Commissioners
403-2350
16C7
4
N/A (Not
A licable)
l'S
Phone Number
e
~
@
Agenda Item Number
I: Forms! County Forms/ BCC 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 "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 5-23-06 (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 Iicable.
2.
3.
4.
5.
6.
~~: *** 3844646 OR: 4043 PG: 1478 ***
CLBRK TO THB BOARD RECORDBD in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FBB 10.00
INTBROFFICB 4TH FLOOR OS/25/2006 at 07:59AM DWIGHT B. BROCK, CLBRK COPIES 1.00
BIT 7240 RESOLUTION NO. 2006- 129
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
16C7
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1996; and
WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1996; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the
1996 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 2000-
237, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 12742
24730
31684
Thi.s ~esolution adopted after this~3Rb day of ~, 2006 after motion, second and
maJonty vote.
BY:
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~~--'
FRANK HALAS, CHAIRMAN
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844647 OR: 4043 PG: 1479 **~
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/25/2006 at 07:59AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB ~TH FLOOR
BIT 7240
16C7
Property Folio No. 37163720009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
MC VEY, LARRYW=& CORRENA J
125 5TH ST SW
NAPLES FL 341172118
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 12 N 180FT OF TR 49 OR 2078 PG
1228
Folio No.
Project No.
Account No.
37163720009
66000
12742
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board thisd3(J day of MAY ,2006.
A TTEST:_' . '
DW'IOHT E'., BROCK, CLERK
. -.. -... . ....
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL
~
By:
FRANK HALAS, CHAIRMA
as, :
, ..
A ~. R;t).t
and>Ja~I'~~~,i~i'~CY
7,~':' .. /"
rDavid c. ~
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844648 OR: 4043 PG: 1480 **
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/25/2006 at 01:59AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16C7
Property Folio No. 62254160006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
RODRIGUEZ, MARIA DEL PILAR
5318 JENNINGS ST
NAPLES FL 341137818
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES MANOR LAKES BLK 6 LOTS 10 THRU 13,27 AND 28
OR 1906 PG 1796
Folio No.
Project No.
Account No.
62254160006
66000
24730
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board thisd3,-Jday of -1U I+Y ,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER ~O~~
By: ~ 8--,
FRANK HALAS, CHAIRMAN
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 3844649 OR: 4043 PG: 1481 **~
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
OS/25/2006 at 07:59AM DWIGHT B. BROCK, CLBRK
RBC FBB 10,00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16C7
Property Folio No. 75762320008
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
HOWELL, DAVID
2475 SUNSET AVE
NAPLES FL 341126427
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
SUNSET HOMES LOTS 65 + 66 OR 1791 PG 51
Folio No.
Project No.
Account No.
75762320008
66000
31684
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board this .tSrJ day of --1A A1 ' 2006.
A TTEST,'<. ....
DWIGH.T..E. ~ROCK;-CCERK
~ ~ "j \ ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL
Jl c.. By:
FRANK HALAS, CHAIRMA
~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16C8
Print on pink paper. Attach to original docllmcnt. Onginal documents should be hand delivered to the Board Otlicc The completed routing slip and original
documents are to be ti1f\'iarded to the Board Otllce only after the Board has taken action on thc item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throulili routine Jines # I throulili #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. County Attorney's Office -:11 5/25/06
Tom Palmer
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 Richard Cannyn Phone Number 530-6278
Contact
Agenda Date Item was 5/23/06 Agenda Item Number 16C8
Approved by the BCC
Type of Document Grant Applicati~ Number of Original =1-(I,II,';\',l' lc'lUlI:
Attached Documents Attached i, 11"1 ~_~Ji l;i t ,,,)
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 Chainnan, 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 Chainnan and the Clerk to the Board
The Chainnan'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 Chainnan'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 5/23/06 (enter date) and all changes
made during the meeting have been incorporated in the attacbed document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/ A (Not
A Iicable)
2.
3.
4.
5.
6.
'/'7/'
, c./ (
(
)'//
~, 'L,
'j I.
~r!'
/'~.' I,.,
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
Collier County
SCRWTP 12-MGD RO Expansion
16C8
Collier County - South County Reqional Water Treatment Plant (SCRWTP) 12-MGD
Reverse Osmosis (RO) Expansion
Project Name
Richard Cannyn
Project Manager
3301 East Tamiami Trail. Blda H Naples. 34112
Add ress
Collier County PUED
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannyn@collierqov.net
Email
Collier County
County where project is located
596000558
FederallD Number
Lower West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
D Sea Water
~ Brackish water from Hawthorn Zone 1 aquifer
D Sources made available through new storage capacity:
D Aquifer Storage & Recovery (ASR)
D Above ground impoundment
D Reclaimed Water
D Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16CB
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
Activity
Pro' ect Cost
FY 2006 FY 2007
$75,000
$75,000
$1,350,000
$75,000
$75,000
$1,341,000
Total
Pro'ect
$150,000
$150,000
$2,691,000
$4,642,800
TOTAL
$1,500,000
$1,491,000
$7,633,800
This Pro
12 12
Construction Cost
This Pro osed Phase Total Pro'ect
$24,400,000
letlon Date
Total Pro 'ect
This Pro
Jul 11,2007 Jul 11,2007
Previous 88444 SFWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$0 $0
*Note funding provided by the Big Cypress Basin for FY06.
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006,
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007,
Page 2 of 13
Collier County
SCRWTP 12-MGD RD Expansion
16C
Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Billing Frequency:
(please check one)
IZI Monthly
OBi-Monthly
o Quarterly
o Other: Specify
IZI 1 ,000's Gallons
o Hundred Cubic Feet (HCF)
o Other: Specify
Volume Charge Units:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $ 2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C
Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $ 2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $ 2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $ 2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $ 2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $ 2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 aallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
$633.42
I I $3,393.42
I I $3,125
Water I
Sewer I
$2,760
$3,125
$0
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth.
Copies of the utility's rate, hookup and capacity or impact fee schedules supporting the previous
information is included as Appendix A.
Page 4 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
Protect Background and Sueporting Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
Existing needs for additional water supply, fueled by an extremely high rate of
growth, have prompted Collier County to move forward with a comprehensive plan to
improve and expand its alternative water supply wellfield system. As part of the
comprehensive plan additional wells are to be provided to meet demand needs.
The Collier County South County Regional Water Treatment Plant (SCRWTP)
contains an existing 12-MGD Lime Softening (LS) plant and an 8-MGD Reverse
Osmosis (RO) plant. The project being considered under this application will expand
the reverse osmosis treatment capacity from 8-MGD to 20-MGD.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
Contract information pertaining to the project can be found in Appendix B.
· Certified project design and schedule;
. Proof of contractor selection;
· Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature pagers).
The permit documents are provided in Appendix C.
Permitting Agency Permit Type Date Approved/
Anticipated
AlJlJroval
FDEP ERP January 2006
SFWMD Water User Permit March 2006
FDEP Water Facility November 2005
Modification
Inability to clearly show that project can be completed within the tiineframe
will result in a project not being considered for funding.
2. Provide a Statement of Work for this project, describing specifically what will
be built with these funds.
Page 5 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
a. Scope of Work for this grant application including the fol/owing major
components:
1. Six (6) new 2-MGD Reverse Osmosis (RO) Treatment Skids, including
dedicated RO Membrane Feed Pumps and RO Membrane Interstage
Booster Pumps.
2. Four (4) new horizontal cartridge filters for pretreatment of raw water
upstream of the RO treatment skids.
3. Two (2) Degasifier systems for post-treatment of additional RO treated
water.
4. New transfer pump at existing blend/transfer facility to meet increase in
RO treated water.
5. Construction of new High Service Pump Station No.2, to meet increase in
RO treated water.
6. Expansion of RO Facility electrical power system including addition of
switchgear and emergency generators.
7. Expansion of the Instrumentation, Telemetry and Control System at the
RO Facility to serve new RO process equipment.
b. Work Breakdown Structure for project which grant funds are being sought
for FY07;
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this phase
of project.
The WBS and Schedule of Tasks and Deliverables are located in Appendix D.
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
Contract #
OT060135
Amount
$1,600,000
4. If the project is a phase of an alternative water supply project, describe aI/
phases of the project, include costs and schedule for construction.
Page 6 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
This project is not a phase of a project but rather a continuation of a project over
multiple years. The project began in FY06 and will continue through FY07.
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
Construction has started.
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan (WSP) project questionnaire submitted for
the 2006 Lower West Coast WSP Update is included as Appendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
This project does not involve the development of alternative groundwater resources.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The SCRWTP 12-MGD Reverse Osmosis Expansion project will use Hawthorn
Zone 1 Aquifer water to provide sufficient supply capacity for the expansion of
the SCRWTP, to continuously produce at full capacity during peak season
demand. This project will enhance the existing saline supply without tapping
additional water from the surficial, fresh aquifer system, thereby reducing the
negative impacts on wetlands while lowering future demand on fresh water
sources.
b. Show how the project reduces competition for water supplies.
The SCRWTP 12-MGD RO Expansion will receive raw water from new wells that
will reduce competition for water supplies by utilizing Hawthorn Zone 1 aquifer
water, an alternative water supply, rather than Lower Tamiami Aquifer water.
This is consistent with the objectives of the Lower West Coast Water Supply
Plan.
Page 7 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
This project utilizes raw water from the Hawthorn Zone 1 aquifer and will reduce
the amount of fresh ground water that would be required to be withdrawn from
the traditional source to meet demand needs.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
d. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
The following table summarizes the annualized cost calculated from the capital
costs and the estimated operating costs assuming a 6% interest rate and 25 year
life of loan.
Page 8 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
Capital Costs
Capital Cost of Project $24,400,000
Other Capital Costs $2,691,000
$150,000
$150,000
Total Capital Costs $27,391,000
Interest Rate for Financing 0.06
Time Period for Financinq (years) 25
Annualized Capital Cost $2,142,708.04
Operating and Maintenance Costs
O&M Costs $4,642,800.00
Total Annual Costs $6,785,508.04
Capacity of Project, AADF 12,000,000
Total Annual Cost per Gallon AADF $1.77
Input Cells
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide 12 MGD of additional water supply or approximately 30% of the current
total water-producing capacity.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
No. This is not a reclaimed water project.
h. Is the project going to be implemented by a multijurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
Page 9 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
i. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Collier County will fund 60% of the project costs.
roval Date
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
copy of the relevant sections of the plan(s). What would the utility regard as
Page 10 of 13
Collier County
SCRWTP 12-MGD RD Expansion
16C8
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent water and wastewater master plans are included in Appendix
F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the fol/owing information in electronic format, such as shape
files or AutoCad.
The following items are included electronically on CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for aI/ uses, and that rate structures are
implemented based on actual use of reclaimed water for aI/ uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
This is not a reclaimed water project.
Page 11 of 13
Collier County
SCRWTP 12-MGD RD Expansion
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1, 2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1, 2007 and further understands that if
construction is not completed by August 1, 2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of County Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver Iicense(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 12 of 13
Collier County
SCRWTP 12-MGD RO Expansion
16C8
STATE OF FLORIDA )
COUNTY OF COLLIER)
ATTEST:
DWIGHT E. BROCK, Clerk
'i, ,. .
Deputy Cler
Attest as to Cht 1 r'IIU ,
"gnatuN! onll1
SUBSCRIBED AND SWORN to before me this ;)~ day of May, 2006, by Frank
Halas, who is personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
,~C
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By; _.,~ _ _" '.' ">
FRANK HALAS, Chairman
c 2di
)/~.. /.~
,.".11.... YN SUE FILSON
...... ~'t pC/. "~
!'Jltl]. .(~\Notary PublIc . State of FIoftda
~" . .,.."ea.miIlcl.__-'P'28.2CD
~;J,)jJ :!Ill Commllllon II 00277943 ·
"'1"lf:':.,~''''' Bonded NaIonaI AtIn.
Printed, Typed or Stamped Name of Notary
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
-AjlP~"(1~,-t~i'~'c}r j-'r.;:'~} '~:;"'_ .:-:~,..:'_ ,-: . ", .',' __~
~..~~~~ ..r..~..J r-~ ~b
:__~W~'I.i\,;/~'~, '1-..,I~~t:..,( ~: .i:-
Page 13 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
Collier County - Reclaimed Water Booster Pump Station
Project Name
Richard Cannyn
Project Manager
3301 East Tamiami Trail. Blda H Naples, 34112
Add ress
Collier County PUED
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannyn@collieraov.net
Email
Collier County
County where project is located
596000558
FederallD Number
Lowe r West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
o Sea Water
o Brackish water from aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
[gJ Reclaimed Water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 13
.' ... ...."""'.","--',.........,-,,,..,,"',,,,,,,_..._-----
Collier County
Reclaimed Water Booster Pump Station
16CB
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
rOJec OS
Activity FY 2006 (lJ FY 2007 (2) Total
Project
Planning --- --- ---
Design --- --- ---
Enaineering $112,000* $52,000 $163,000
Esti mated $100,000
Annual
Operation and
Maintenance
TOTAL $112,000 $52,000 $263,000
P . tC t
*Note that engineering fee includes preliminary design. Engineering and O&M costs are
for entire project. This application is for the first phase only.
o
10
Construction Cost
This Pro osed Phase Total Pro'ect
$1,700,000
letion Date
Total Pro.ect
A ril 2007 A ril 2008
Previous S8444 SFWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$200,000
$85,000
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006.
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007.
Page 2 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Billing Frequency:
(please check one)
IZI Monthly
OBi-Monthly
o Quarterly
o Other: Specify
IZI 1 ,000's Gallons
o Hundred Cubic Feet (HCF)
o Other: Specify
Volume Charge Units:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $ 4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $ 5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $ 2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $ 2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $ 2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 gallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
$0
$2,760
$3,125
I I $3,393.42
I I $3,125
Water I
Sewer I
$633.42
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth.
Copies of the utility's rate, hookup and capacity! impact fee schedules supporting the previous
information are included as ADoendix A
Page 4 of 13
Collier County
Reclaimed Water Booster Pump Station
16 CE
Proiect Backaround and SUl!PortinQ Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
Collier County reused approximately 5 billion gallons of treated wastewater in 2004.
The majority of the water is used by commercial and residential users for irrigation.
Collier County also uses reclaimed water for irrigation at various parks and roadway
medians. A small portion of the reclaimed water is used for environmental
mitigation. The reclaimed water system is made up of over 50 miles of distribution
piping, 130 million gallons of wet weather storage, two deep injection wells, and six
large pumping stations.
The County serves two reclaimed water service areas referred to as the South and
North service areas. The South service area is primarily served by treated effluent
from the South County Water Reclamation Facility (WRF) and the North service area
is served by the North County WRF. The main issue Collier County's reclaimed
water program faces is wet weather storage.
The County has identified a need to construct an in-line booster pump station to add
flexibility and increase efficiency to their reclaimed water system. The reclaimed
water projects that are part of their alternative water supply program all are directed
at utilizing the maximum amount of reclaimed water, minimizing the amount of non-
beneficial disposal (Le. deep well injection). The reclaimed water pump station will
enhance the interconnections of the North and South reclaimed water service areas,
allowing the County to serve as many customers as possible and also maximizing
the use of their reclaimed water storage facilities, including the reclaimed water ASR
system, located in the North service area.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
This project is to be bid in the upcoming months. After a contractor has been
selected the County will provide the SFWMD with the below listed items pertaining to
construction. An electronic version of the design drawings and specifications are
included in Appendix B.
. Certified project design and schedule;
. Proof of contractor selection;
. Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature pagers).
Page 5 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
The below table summarizes the pertinent information pertaining to the permits
required for this project. Appendix C contains the associated documentation.
FDEP
Reuse Component
Date Approvedl
Anticipated
A roval
Anticipated
Se tember 2006
Anticipated
Se tember 2006
Permitting Agency Permit Type
CDES
Development Permit
Inability to clearly show that project can be completed within the timeframe
will result in a project not being considered for funding.
2. Provide a Statement of Work for this project, describing specifically what will
be built with these funds.
a. Scope of Work for this grant application including the following major
components:
This project includes the microtunneling of two 16-inch reclaimed water mains
across Livingston Road.
b. Work Breakdown Structure for project which grant funds are being sought
for FY07;
The work breakdown structure will be provided after the project is awarded to a
contractor.
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this phase
of project.
The schedule of tasks and deliverables will be provided after the project is awarded.
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
Contract #
DG061168
Amount
$200,000
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
Page 6 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
Phase Description Start Date Completion Cost
Date
1 Microtunnel of two September April 2007 $648,000
reclaimed water lines 2006
(this application)
2 Construction of April 2007 April 2008 $1,000,000
reclaimed water
booster pumping
station
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
Construction
letion
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan (WSP) project questionnaire submitted for
the 2006 Lower West Coast WSP Update is included as Appendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
This project does not involve the development of alternative groundwater resources.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The utilization of reclaimed water for irrigation minimizes the demand on potable
water. This project will allow storage of reclaimed water during the wet season;
providing additional reclaimed water during the peak demand. Reduced demand
on potable water sources reduces drawdown and mitigates wetlands impacts due
to heavy pumping of the aquifers.
Page 7 of 13
Collier County
Reclaimed Water Booster Pump Station
16CE
b. Show how the project reduces competition for water supplies.
The supply of reclaimed water reduces the need for additional potable water
sources, in turn reducing the competition on those highly-desirable sources.
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
Through the use of reclaimed water for irrigation there is a natural replenishment
of the groundwater supply.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
e. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
The following table summarizes the annualized cost calculated from the capital
costs and the estimated operating costs assuming a 6% interest rate and 25 year
life of loan.
Page 8 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
Capital Costs
Capital Cost of Proiect $1,700,000
Other Caoital Costs $163,000
---
_u
Total Caoital Costs $1,863,000
Interest Rate for Financing 0.06
Time Period for Financinq (years) 25
Annualized Capital Cost $145,736.38
Operating and Maintenance Costs
O&M Costs $100,000.00
Total Annual Costs $245,736.38
Capacity of Proiect, AADF 10,000,000
Total Annual Cost per Gallon AADF $40.69
Input Cells
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide 10 MGD of additional water supply or approximately 25% of the current
total water-producing capacity.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
Yes. This project will allow further distribution of reclaimed water to Collier
County reclaimed water customers.
h. Is the project going to be implemented by a multijurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
Page 9 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
i. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Collier County will fund 60% of the project costs. No other grants are being
sought on this project.
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
copy of the relevant sections of the plan(s). What would the utility regard as
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Page 10 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent master plan updates are included in Appendix F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the following information in electronic format, such as shape
files or A utoCad.
The following items are included electronically on a CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for all uses, and that rate structures are
implemented based on actual use of reclaimed water for all uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
Reclaimed water in Collier County is metered for all uses. Appendix H provides
documentation of the rate structure for reclaimed water and relevant material from
the public education programs.
Page 11 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1,2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1, 2007 and further understands that if
construction is not completed by August 1,2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of County Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver Iicense(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 12 of 13
Collier County
Reclaimed Water Booster Pump Station
16C8
STATE OF FLORIDA )
COUNTY OF CQL.L1ER)
ATTEST;
DWIGHT E.. BROCK, Clerk
(J!:-
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
Deputy Clerk
Attest as to Chltnaaa ,
Signature onl-
SUBSCRIBED AND SWORN to before me this 25Th day of May, 2006, by Frank
Halas, who is personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
By:
/
~,.(
..... .","-"-.-
FRANK HALAS, Chairman
.. J!~
) /
(.:11 A ~~ Y-Y"./ / / i>-"
U
Notary Public
"~';j;~'::~~,, CAROLYN SUE FH.SON
, Y\ Notary Public - Slate 01 Florida
· 'EMvCan.,liIIIl::I.,Elcr*s1f:x28 2(Q
.? Commlsslon # .
.."", BondedByNatlonal -..
Printed, Typed or Stamped Name of Notary
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
~j~.. ~./J~ r~j
A~1~Ii~i f~.)"Ltl.t:f A".t~,-~,.,
Page 13 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase II
16C8
Collier County - Pelican Bay Reclaimed Water Storaqe and Re-Pump Facility Phase II
Project Name
Richard Cannyn
Project Manager
3301 East Tamiami Trail. Bldq H Naples. 34112
Address
Collier County PUED
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannyn @collierqov.net
Email
Collier County
County where project is located
596000558
FederallD Number
Lower West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
D Sea Water
D Brackish water from aquifer
D Sources made available through new storage capacity:
D Aquifer Storage & Recovery (ASR)
D Above ground impoundment
C8J Reclaimed Water
D Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase"
16C8
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
Activity
Pro. ect Cost
FY 2006 FY 2007
Total
Pro.ect
$60,000
$8,000
$68,000
$200,000
TOTAL
$90,000
$8,000
$268,000
This Pro
o 1
Construction Cost
This Pro osed Phase Total Pro'ect
$600,000
letion Date
Total Pro'ect
March 31, 2007 March 31,2007
Previous S8444 SFWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$300,000
$90,000
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006.
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007.
Page 2 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16C8
Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Billing Frequency:
(please check one)
[gI Monthly
OBi-Monthly
o Quarterly
o Other: Specify
[gI 1 ,000's Gallons
o Hundred Cubic Feet (HCF)
o Other: Specify
Volume Charge Units:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16CE
Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $ 2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $ 2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $ 2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $ 2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 aallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
$633.42
I I $3,393.42
I I $3,125
Water I
Sewer I
$0
$2,760
$3,125
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth. Copies of the utility's rate, hookup and capacity/impact fee schedules
supporting the previous information are included as Appendix A.
Page 4 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase"
16C8
Proiect BackQround and Su~ortinQlnformation
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
The existing Pelican Bay WWTP includes an influent pump station, and oxidation
ditch, traveling bridge filters, chlorine contact tank, effluent pumping and storage,
and sludge digestion facilities. The Pelican Bay WWTP was used until the Year
2001 to supplement treatment capacity of the North Regional Water Reclamation
Facility (NRWRF) during peak seasons.
Since the NRWRF was expanded in November 2001, the Pelican Bay facility has
functioned as a storage and pumping node on the County's reuse distribution
system. Based on current and planned NRWRF capacity, there is no projected need
for Pelican Bay WWTP to provide wastewater treatment. Therefore, the County's
intent is to decommission the Pelican Bay WWTP and convert a portion of its
facilities to expand the onsite reclaimed water storage and pumping facilities.
The facility has an existing 1-million-gallon oxidation ditch that the County plans on
removing the internals, covering the tank, and using for reclaimed water storage.
There is also a 1.7-million-gallon lagoon that the County plans on re-lining and using
for reclaimed water storage. The facility also has an existing 2.5-million-gallon
reclaimed water storage tank and reclaimed water pump station, making it an ideal
site for a storage and pumping facility.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
The Pelican Bay Decommissioning was bid under the 04-3535, Underground Utility
Contract. The next phase of this project will be bid the same way in June. At that
time, the following items will be submitted to the District.
· Certified project design and schedule;
. Proof of contractor selection;
· Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature pagers).
The below table summarizes the pertinent information pertaining to the permits
required for this project. Appendix C contains the associated documentation.
Page 5 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16C8
Permitting Agency Permit Type
FDEP
Letter of
Abandonment
Modification of a
Reclaimed Water
Facilit
Date Approved!
Anticipated
A roval
Submitted
Au ust 5,2005
Anticipated
August 2006
FDEP
Inability to clearly show that project can be completed within the timeframe
will result in a project not being considered for funding.
2. Provide a Statement of Work for this project, describing specifically what will
be built with these funds.
a. Scope of Work for this grant application including the following major
components:
1. Remove internal apparatus from existing 1-million-gallon oxidation ditch
2. Cover the oxidation tank and ready it for reclaimed water storage
3. Re-Iine existing lagoon to use for reclaimed water storage
4. Provide additional appurtenances and rehabilitation to use facility as storage
and reuse pumping station
b. Work Breakdown Structure for project which grant funds are being sought
for FY07;
Work breakdown structure to be provided after contractor is selected.
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this phase
of project.
Summary schedule of tasks and deliverables to be submitted after contractor is
selected.
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
Contract #
DG061168
Amount
$300,000
Page 6 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase 1/
16C8
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
Phase Description Start Date Completion Cost
Date
1 Decommissioning of December February 2005 $90,000
WRF 2005
2 Conversion to pumping September March 2007 $510,000
and storaae facilitv 2006
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
Item Re uired to Bein Construction
FDEP Permit - Modification to a
Reclaimed Water Facilit
Ex ected Com letion
Anticipated August 2006
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan (WSP) project questionnaire submitted for
the 2006 Lower West Coast WSP Update is included as Appendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
This project does not involve the development of alternative groundwater resources.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The second phase of this project will convert existing WWTP tankage to
additional reclaimed water storage for the North Service Area. This project will
enhance the existing irrigation water supply without tapping additional water from
the surficial, fresh aquifer system, thereby reducing the negative impacts on
wetlands while lowering future demand on fresh water sources.
b. Show how the project reduces competition for water supplies.
Page 7 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16C8
Project expands County's reclaimed water storage capacity, thereby allowing
delivery of more reclaimed water for irrigation in lieu of potable water sources.
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
Additional reclaimed water storage will allow greater use of reclaimed water for
irrigation to replace equivalent current demand on fresh water supply.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
e. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
The following table summarizes the annualized cost calculated from the capital
costs and the estimated operating costs assuming a 6% interest rate and 25 year
life of loan.
Page 8 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase II
16C8
Capital Costs
Capital Cost of Project $600,000
Other Capital Costs $60,000
$8,000
Total Capital Costs $668,000
Interest Rate for Financing 0.06
Time Period for Financing (years) 25
Annualized Capital Cost $52,255.45
Operating and Maintenance Costs
O&M Costs $200,000.00
Total Annual Costs $252,255.45
Capacity of Proiect, AADF 1,000,000
Total Annual Cost per Gallon AADF $3.96
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide 1 MGD of additional water supply or approximately 3% of the current
total water-producing capacity.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
Yes. This will provide pumping and storage to the reclaimed water distribution
system.
h. Is the project going to be implemented by a multijurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
Page 9 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16C8
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
i. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Collier County will fund 60% of the project costs. No other grants are being
sought for this project.
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
copy of the relevant sections of the plan(s). What would the utility regard as
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
Page 10 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16C8
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent master plan updates are included in Appendix F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the fol/owing information in electronic format, such as shape
files or A utoCad.
The following items are included electronically on a CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for all uses, and that rate structures are
implemented based on actual use of reclaimed water for aI/ uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
Reclaimed water in Collier County is metered for all uses. Appendix H provides
documentation of the rate structure for reclaimed water and relevant material from
the public education programs.
Page 11 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase II
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1,2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1, 2007 and further understands that if
construction is not completed by August 1,2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of County Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 12 of 13
Collier County
Pelican Bay Reclaimed Water Storage and Re-Pump Facility Phase /I
16C8
STATE OF FLORIDA )
COUNTY OF COLLIER)
ATTEST:
DWIGHT E. 'l3,ROCK; .clerk
By1~~~~~~'~
signature 00111
SUBSCRIBED AND SWORN to before me this ;;zs-rh day of May, 2006, by Frank
Halas, who is personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:.. --
FRANK HALAS, Chai~~~
~~Jj!!;--a~
Notary Public
- -- -- - - ..-. -- -- -- .- --
"""" CAROLYN SUE FILSON
-r:l1':;':iU:~>\ Notary Public . Slole of Florida
: \. ' . . EIII1yCorllfTli9sb1ExpiesApr28. 2(D
\.'~ ';'<V Commission # 00277943 '
~ "'. ,j l-~_.\\\
~ ---..... -..
Printed, Typed or Stamped Name of Notary
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
A::f;~J2k-:u>-'J r ~ ~
.....Q'.~... C()t'.'l'J "I.
Page 13 of 13
Collier County
NERWTP Phase 1 B Wellfield
16C8
Collier County - North East Reaional Water Treatment Plant (NERWTP) Phase 1 B Wellfield
Project Name
Richard Cannyn
Project Manager
3301 East Tamiami Trail. Bide H Naples, 34112
Address
Collier County PUEO
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannyn @collieraov.net
Email
Collier County
County where project is located
596000558
Federal 10 Number
lower West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
o Sea Water
[g] Brackish water from Hawthorn Zone 1 flower Hawthorn aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed Water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 14
Collier County
NERWTP Phase 1 B Wellfield
16C8
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
Activity
Pro'ect Cost
FY 2006 FY 2007
$0
$0
$0
$28,000
$28,000
$566,080
Total
Pro'ect
$28,000
$28,000
$566,080
$0*
TOTAL $622,080 $622,080
*There is no O&M costs associated with this project due to the fact that the project
includes test wells for further development of a wellfield. O&M costs to be determined
and incurred as the design moves forward into the conversion of the test wells to
production wells.
This Pro
o 10
Construction Cost
This Pro osed Phase Total Pro'ect
$45,200,000
letion Date
Total Pro'ect
Jul 15,2007 December 31,2017
Previous 58444 5FWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$0
$0
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006.
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007.
Page 2 of 14
Collier County
NERWTP Phase 18 Weflfield
16C8
Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Billing Frequency:
(please check one)
IZI Monthly
D Bi-Monthly
D Quarterly
D Other: Specify
IZI 1 ,000's Gallons
D Hundred Cubic Feet (HCF)
D Other: Specify
Volume Charge Units:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $ 2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $ 3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $ 5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 14
Collier County
NERWTP Phase 1 B Wel/field
16CB
Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $ 2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $ 2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $ 2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $ 2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $ 2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 gallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/ A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
Water I
Sewer I
$2,760
$3,125
I I $3,393.42
I I $3,125
$633.42
$0
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth.
Copies of the utility's rate, hookup and capacity/ impact fee schedules supporting the previous
information are included as Appendix A.
Page 4 of 14
Cof/ier County
NERWTP Phase 1 B Wellfield
16 Ct
Proiect Backqround and Su~ortinCllnformation
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
A hydrogeologic investigation to identify one or more groundwater sources to supply
raw water for treatment at the proposed Northeast Regional Water Treatment Plant
(NERWTP) was initiated in December 2004 and completed during June 2005. The
investigation included test well construction, aquifer performance testing, water
quality sampling, and data analyses. The Lower Tamiami, Hawthorn Zone I and
Lower Hawthorn aquifers were evaluated during the investigation. The results of the
investigation were generally as expected with good water quality and high yield
encountered in the Lower Tamiami Aquifer test wells, good water quality with
moderate yield in the Hawthorn Zone I Aquifer, and brackish water quality with
moderate to very high yield in the Lower Hawthorn test wells.
The water quality in the Hawthorn Zone I Aquifer at the Collier County fairgrounds
property just west of the NERWTP site was found to be better than expected. The
chloride and total dissolved solids values of samples obtained from a test well
tapping the Hawthorn Zone I Aquifer at this location are well below the maximum
contaminant levels established within the state and federal drinking water standards.
This high quality groundwater can be treated economically and also used for
blending purposes with product water from the membrane softening or reverse
osmosis treatment trains at the proposed NERWTP. The yield of the Hawthorn
Zone I Aquifer tesVproduction well at the fairgrounds site is moderate with a natural
artesian flow rate of approximately 200 gallons per minute (gpm). Individual well
production rates of 400-500 gpm may be obtainable from this unit using submersible
well pumps. Testing of the Hawthorn Zone I Aquifer was limited to the fairgrounds
property and Shady Hollow site approximately 3 miles west of the NERWTP site. As
a result of the potential for obtaining very high quality groundwater from this source,
additional exploration of the Hawthorn Zone I Aquifer will be conducted in this phase
of wellfield testing.
Two tesVproduction wells tapping the Lower Hawthorn Aquifer were constructed at
the NERWTP site. Both wells yielded brackish water quality suitable for low
pressure reverse osmosis treatment. The yield of the wells differs considerably.
TesVproduction well LH-1 constructed near the center of the NERWTP site had a
natural artesian flow rate estimated to be approximately 300 gpm whereas well LH-2
in the eastern portion of the NERWTP site reportedly flowed at a rate of
approximately 2000 gpm. Highly variable yields in wells tapping the Lower
Hawthorn Aquifer has been noted at the wellfields that supply the existing reverse
osmosis treatment facilities operated by the County. Additional testing of the Lower
Page 5 of 14
Collier County
NERWTP Phase 1 B Wellfield
16C8
Hawthorn Aquifer will be conducted in this phase of wellfield testing to further
evaluate well yield and water quality conditions within this unit.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
This project has not been bid yet. Construction documents to be provided after
contract has been awarded.
. Certified project design and schedule;
. Proof of contractor selection;
. Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature pagers).
The below table summarizes the pertinent information pertaining to the permits
required for this project. Appendix C contains the associated documentation.
Permitting Agency Permit Type Date Approvedl
Anticipated
Approval
SFWMD Water Use Permit Received March
2006
Inability to clearly show that project can be completed within the timeframe
will result in a project not being considered for funding.
2. Provide a Statement of Work for this project, describing specifically what will
be built with these funds.
a. Scope of Work for this grant application including the following major
components:
1. Two Hawthorn Zone I test/production wells with the approximate
dimensions of 12-inch diameter, 400 feet of casing and 550 feet total
depth.
2. Two Hawthorn Zone I monitor wells with the approximate dimensions of 4-
inch diameter, 400 feet of casing, and 550 feet total depth.
3. Two Lower Hawthorn test/production wells with the approximate
dimensions of 12-inch diameter, 700 feet of casing, and 900 feet total
depth.
Page 6 of 14
Collier County
NERWTP Phase 1 B Wel/field
16C8
4. Two Lower Hawthorn monitor wells with the approximate dimensions of 4-
inch diameter, 700 feet of casing, and 900 feet total depth.
5. One deep test well with the approximate dimensions of 6-inch diameter,
600 feet of casing, and 1500 feet total depth. Well may be backplugged to
850 feet for use as a Lower Hawthorn monitor well.
b. Work Breakdown Structure for project which grant funds are being sought
Work breakdown structure to be supplied to the SFWMD after contract is awarded.
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this phase
of project.
This information is not yet available because the contract has not been awarded.
The schedule of tasks and deliverables will be provided to the SFWMD when it is
available.
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
There are no other grants for this project.
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
This project is the second phase of testing to identify potential wellsite locations to
support the North East Regional Water Treatment Plant currently being designed.
At build out the plant will provide a finished water capacity of 30 mgd, with 25 mgd
from Hawthorn wells and 5 mgd from the Lower Tamiami. The first phase scheduled
to come online in 2011 with an initial capacity of 10 mgd. Collier County is currently
evaluating the phasing for the planned expansions of the plant to 30 mgd. Once the
County has finalized expansion plans a detailed cost estimate and construction
schedule will be provided to the SFWMD.
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
uired to Bein Construction
uisition*
letion
Page 7 of 14
Collier County
NERWTP Phase 1 B Wellfield
16C8
*Please note that some portions of the land to be used for the project has already
been acquired. The project can go forward without the land acquisition for other
portions of the site
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan (WSP) project questionnaire submitted for
the 2006 Lower West Coast WSP Update is included as Appendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
Data collection includes the pertinent information to verify adequate water supply
and intended water quality for the further development of the wellfield. All pertinent
hydrogeologic data collected during this project can be submitted at the request of
the SFWMD.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The NERWTP Wellfield Phase 1 B will utilize brackish water from the Hawthorn
Zone I and Lower Hawthorn Aquifers. This project will enhance the existing
saline supply without tapping additional water from the surficial, fresh water
aquifer system, thereby reducing the negative impacts on wetlands while
lowering future demand on fresh water sources.
b. Show how the project reduces competition for water supplies.
The NERWTP Wellfield will utilize brackish water from the Hawthorn Zone I and
Lower Hawthorn aquifers. This approach reduces the competition in the area for
fresh water aquifer supplies, in compliance with the LWC Water Supply Plan
recommendation for public utilities.
c. Identify the traditional source being replaced andlor any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
Page 8 of 14
Collier County
NERWTP Phase 1 B Wel/field
16C8
The project makes use of deeper aquifer sources that are not widely utilized.
The Lower Tamiami aquifer is the traditional source of water used in this area.
Use of the deeper aquifer systems replaces some of this demand and reduces
the potential impacts to wetlands, existing permitted users, and domestic wells.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
e. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
This project is a test program to develop the future wellfield for the NERWTP. At
this time no water will be produced at this time; therefore, at this time it is not
feasible to determine the water supplied by the annualized capital cost.
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide 15 MGD of additional water supply or approximately 38% of the current
total water-producing capacity.
Page 9 of 14
Collier County
NERWTP Phase 1 B Wellfield
16CE
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
No. This is not a reclaimed water project.
h. Is the project going to be implemented by a multijurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
i. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Collier County will fund 60% of the project costs. There are no other grants
being sought for this project.
Page 1 0 of 14
Collier County
NERWTP Phase 1 B Wellfield
16C8
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
copy of the relevant sections of the plan(s). What would the utility regard as
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent master plan updates are included in Appendix F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the fol/owing information in electronic format, such as shape
files or AutoCad.
Electronic versions of the following items are included on a CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for aI/ uses, and that rate structures are
Page 11 of 14
Collier County
NERWTP Phase 1 B Wellfield
16 CE
implemented based on actual use of reclaimed water for all uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
This is not a reuse project.
Page 12 of 14
Collier County
NERWTP Phase 1 B Wellfield
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1 , 2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1, 2007 and further understands that if
construction is not completed by August 1,2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of Countv Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver Iicense(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 13 of 14
Collier County
NERWTP Phase 18 Wellfield
16C8
STATE OF FLORIDA )
COUNTYOF COLLJt;R)
ATTEST:
.,
..
DWIG<Hi':~i,~CK, Clerk
, .... .;..' [" ':,1; ~
tfJC
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
')
By:
'1,> ." -
By: _.c .. _, :"""":;'~4 ~ .
FRANK HALAS, Chairman
Deputy Clerk
Attest .s to Ch<<' rwu ,
110nlturt on 1"
SUBSCRIBED AND SWORN to before me this ,;2,6fh day of May, 2006, by Frank
Halas, who is' personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
il:I:
'] i//'- <
Ca~+. ~ ~~
Printed, Typed or Stamped Name of Notary
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
APP"~ '"'t:<i~'''t~..; .'1./"... ~ -.2.. r _ ~
-W~.X~
~\!<"ai'; l"]'<>'.J "
Page 14 of 14
Collier County
South Hawthorn Reliability Wells No. 39S-42S
16C8
Collier County - South Hawthorn Reliabilitv Wells No. 39S to 42S
Project Name
Richard Cannvn
Project Manager
3301 East Tamiami Trail. Bldq H Naples, 34112
Address
Collier County PUEO
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannvn@collierqov.net
Email
Collier County
County where project is located
596000558
Federal 10 Number
Lower West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
D Sea Water
C8J Brackish water from Hawthorn Zone 1/Lower Hawthorn aquifer
D Sources made available through new storage capacity:
D Aquifer Storage & Recovery (ASR)
D Above ground impoundment
D Reclaimed Water
D Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 13
Collier County
South Hawthorn Reliability Wells No. 395-425
16C8
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
Activity
Pro' ect Cost
FY 2006 FY 2007
$0
$0
$0
$37,000
$37,000
$740,432
Total
Pro'ect
$37,000
$37,000
$740,432
$80,000
TOTAL
$0
$814,432
$894,432
This Pro
3 3
Construction Cost
This Pro osed Phase Total Pro'ect
$7,600,000
letion Date
Total Pro'ect
Februa 28, 2007 Februa 28, 2007
Previous S8444 SFWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$0
$0
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006.
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007.
Page 2 of 13
Collier County
80uth Hawthorn Reliability Wells No. 398-428
16CB
Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Billing Frequency:
(please check one)
[8J Monthly
OBi-Monthly
o Quarterly
o Other: Specify
[8J 1 ,000's Gallons
o Hundred Cubic Feet (HCF)
o Other: Specify
Volume Charge Units:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $ 2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $ 3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 13
Collier County
South Hawthorn Reliability Wells No. 39S-42S
16C8
Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $ 2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $ 2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 Qallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/ A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
I I $3,393.42
I I $3,125
Water I
Sewer I
$0
$2,760
$3,125
$633.42
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth.
Copies of the utility's rate, hookup and capacity/impact fee schedules supporting the previous
information are included as Appendix A.
Page 4 of 13
Collier County
80uth Hawthorn Reliability Wells No. 398-428
16 Cf
Project Backqround and SUIDlortinq Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
This project consists of the installation of 4 additional reliability wells in the south
brackish wellfield. These 4 reliability wells include 2 Lower Hawthorn and 2
Hawthorn Zone I. These reliability wells will support 15 existing and 23 proposed
production wells in the south brackish wellfield. The Lower Hawthorn production
wells are typically designed to produce an average 1.0 MGD of raw water, while the
Hawthorn Zone I wells are designed to produce an average of 0.5 MGD.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
. Certified project design and schedule;
. Proof of contractor selection;
. Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature pagers).
The project will be bid in June 2006. This project is a fast-track project being
implemented by the County. The project will be constructed under an existing
contractor agreement for drilling. The documents associated with this agreement
can be found in Appendix 8, along with an electronic version of the design drawings
and specifications on a CD. Further documentation associated with schedule, etc.
will be provided to the SFWMD when available.
The below table summarizes the pertinent information pertaining to the permits
required for this project. Appendix C contains the associated documentation.
Permitting Agency Permit Type Date Approved!
Anticipated Approval
SFWMO Water Use Permit Obtained March 2006
FOEP Permit to Construct To be applied for June
PWS Component 2006
FOEP ERP Received NNGP March
2006
COES SOPI Submitted and under
review - anticipated June
2006
SFWMO Landscape Irrigation Under review - anticipated
Permit June 2006
Page 5 of 13
Collier County
South Hawthorn Reliability Wells No. 395-425
16C8
Inability to clearly show that project can be completed within the timeframe
will result in a project not being considered for funding.
2. Provide a Statement of Work for this project, describing specifically what will
be built with these funds.
a. Scope of Work for this grant application includes the following major
components:
1. Drilling of two Hawthorn Zone 1 and two Lower Hawthorn Wells, one of each
in each of the proposed well sites 6 and 7
2. Wellhead construction of the four wells
3. Construction of associated transmission mains to connect to existing raw
water transmission system at well site 11
b. Work Breakdown Structure for project which grant funds are being sought
for FY07;
This project has not been bid yet; therefore the work breakdown structure for
construction activities is not yet available. The project will be awarded in the
upcoming months, at which time a work breakdown structure will be provided to the
SFWMD.
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this phase
of project.
This project has not yet been bid. The design is to be complete in May 2006. The
project is to be bid and awarded to a contract drilling contractor in June 2006.
Further task and deliverable scheduled to be provided at that time.
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
No additional funding has been received on this project.
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
This project is not a phase of an alternative water supply project.
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
There are no items identified that are required for construction.
Page 6 of 13
Collier County
80uth Hawthorn Reliability Wells No. 398-428
16C8
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan (WSP) project questionnaire submitted for
the 2006 Lower West Coast WSP Update is included as Appendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
This project does not involve the development of alternative groundwater resources.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
These wells will provide additional supply to the SCRWTP. This project will
enhance the existing saline supply without tapping additional water from the
surficial, fresh aquifer system, thereby reducing the negative impacts on
wetlands while lowering future demand on fresh water sources.
b. Show how the project reduces competition for water supplies.
The SCRWTP will receive raw water from new wells that will reduce competition
for water supplies by utilizing Hawthorn Zone 1 aquifer water (including Wells 39-
42), an alternative water supply, rather than Lower Tamiami Aquifer water. This
is consistent with the objectives of the Lower West Coast Water Supply Plan.
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
This project utilizes raw water from the Hawthorn Zone 1 and Lower Hawthorn
aquifers and will reduce the amount of fresh ground water that would be required
to be withdrawn from the traditional source to meet demand needs.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
Page 7 of 13
Collier County
South Hawthorn Reliability Wells No. 395-425
16C8
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
d. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
The following table summarizes the annualized cost calculated from the capital
costs and the estimated operating costs assuming a 6% interest rate and 25 year
life of loan.
Capital Costs
Capital Cost of Project $7,600,000
Other Caoital Costs $37,000
$37,000
$740,432
Total Capital Costs $8,414,432
Interest Rate for Financing 0.06
Time Period for Financino (years) 25
Annualized Capital Cost $658,233.40
Operating and Maintenance Costs
O&M Costs $80,000.00
Total Annual Costs $738,233.40
Caoacitv of Project, AADF 3,000,000
Total Annual Cost per Gallon AADF $4.06
Input Cells
Page 8 of 13
Collier County
South Hawthorn Reliability Wells No. 39S-42S
16C,
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide 3 MGD of additional water supply or approximately 8% of the current
total water-producing capacity.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
No. This is not a reclaimed water project.
h. Is the project going to be implemented by a multi jurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
i. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
Page 9 of 13
Collier County
80uth Hawthorn Reliability Wells No. 398-428
16 CE
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Collier County will fund 60% of the project costs. There are no other grants being
sought on this project.
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
copy of the relevant sections of the plan(s). What would the utility regard as
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent master plan updates are included in Appendix F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the following information in electronic format, such as shape
files or AutoCad.
The following items are included on a CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
Page 10 of 13
Collier County
South Hawthorn Reliability Wells No. 39$-42$
16C8
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for all uses, and that rate structures are
implemented based on actual use of reclaimed water for all uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
This is not a reuse project.
Page 11 of 13
Collier County
South Hawthorn Reliability Wells No. 39S-42S
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1, 2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1,2007 and further understands that if
construction is not completed by August 1,2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of County Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 12 of 13
Collier County
South Hawthorn Reliability Wells No. 39$-42S
16C8
STATE OF FLORIDA )
COUNTY OF 90\-UER)
ATTEST:
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
, . '
DWIGHr' 'E!!:,BROGK, Clerk
,~c
By.;.
.----... . . -
FRANK HALAS, Chairman
SUBSCRIBED AND SWORN to before me this :A,,-c::;-r'-7 day of May, 2006, by Frank
Halas, who is personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
(~wC;yl J:J;-Ij~~~
ublic
"~~~~::::"" CAROlYN SUE FlSON
f~m" ~~\ Notary PubUc - Slote of FIorIcIa
:.~. · .EMvComll....,'&pB~28 2(D
...,~'fOF"~~~ Commlaalon # 00277943 '
""fl"" Ionc:::Ied
Printed, Typed or Stamped Name of Notary
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
Appwt",MIM'r;:r~ )-J~ r
~~,:r".'''''''''~M'- ",' hfJ-,~
-'---~~-t;~il.(i:";'~'
Page 13 of 13
Collier County
SCRWTP RO Wellfield Expansion
Collier County - South County Reqional Water Treatment Plant (SCRWTP) Reverse
Osmosis (RO) Wellfield Expansion
Project Name
16C8
Richard Cannyn
Project Manager
3301 East Tamiami Trail. Blda H Naples. 34112
Address
Collier County PUEO
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannyn @collierQov.net
Email
Collier County
County where project is located
596000558
Federal 10 Number
Lower West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
o Sea Water
I:8J Brackish water from Hawthorn Zone 1 aquifer
o Sources made available through new storage capacity:
o Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed Water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
Activity
Pro"ect Cost
FY 2006 FY 2007
$664,000*
$945,000*
Total
Pro"ect
$
$
$1,609,000
$460,000
TOTAL $664,000 $945,000 $2,069,000
*Note that planning, design, and engineering are included in engineering fee.
15 15
Construction Cost
This Pro osed Phase Total Pro"ect
$32,000,000
letion Date
Total Pro'ect
Jul 9,2007 Jul 9,2007
Previous S8444 SFWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$0
$0
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006"
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007"
Water and Wastewater Rate Information
Page 2 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Volume Charge Units:
(please check one)
I:8J Monthly
D Bi-Monthly
D Quarterly
D Other: Specify
I:8J 1 ,000's Gallons
D Hundred Cubic Feet (HCF)
D Other: Specify
Billing Frequency:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $ 3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $ 5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 13
-----~-~.,>...-
CoJ/ier County
SCRWTP RO Wel/field Expansion
16C8
Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $ 2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $ 2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $ 2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $ 2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $ 2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 gallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
Water I
Sewer I
$0
$2,760
$3,125
I I $3,393.42
I I $3,125
$633.42
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth.
Copies of the utility's rate, hookup and capacity/impact fee schedules supporting the previous
information are included as Appendix A.
Page 4 of 13
Collier County
SCRWTP RO Welltield Expansion
16CB
Project Background and SURPorting Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
Existing needs for additional water supply, fueled by an extremely high rate of
growth, have prompted Collier County to move forward with a comprehensive plan to
improve and expand its alternative water supply wellfield system. As part of the
comprehensive plan additional wells are to be provided to meet demand needs.
The construction of the 8 MGD SCRWTP reverse osmosis (RO) facility was
completed in 2004. To meet the projected increase in potable water demand, the
SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20
MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a
reliable raw water supply for the reverse osmosis expansion of the SCRWTP. The
expansion of the wellfield will be designed to provide an additional yield of 12 MGD
of finished water. Twenty-three wells sites have been identified south of the
SCRWTP site for the 12 MGD expansion. The twenty-three news wells will draw
water from the Hawthorn Zone 1 Aquifer, an alternative water source. This funding
request is for the construction of 23 Hawthorn Zone 1 wellheads located adjacent to
the SCRWTP and the associated transmission mains.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
The project is in the bidding process. A copy of the contract documents is provided
in Appendix B. Copies of the items listed below will be provided to the SFWMD
upon selection of contractor.
. Certified project design and schedule;
. Proof of contractor selection;
. Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature page(s).
The below table summarizes the pertinent information pertaining to the permits
required for this project. Appendix C contains the associated documentation.
Page 5 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
Permitting Agency Permit Type Date Approvedl
Anticipated Approval
FDEP ERP Received December 2005
SFWMD Water Use Permit Unified Permit - received
March 2006
SFWMD ROW Occupancy Permit Received December 2005
FDOT Utility Permit Received February 2006
AGOE ERP Anticipated June 2006
*Please note that there are other short-lead permits that will be pulled by the
contractor at the appropriate time during construction. The above-mentioned
permits are the critical long-lead items necessary to meet schedule.
2. Provide a Statement of Work for this project, describing specifically what will
be built with these funds.
a. Scope of Work for this grant application including the following major
components:
1. Construction of 23 wellheads
2. Construction of associated transmission mains
b. Work Breakdown Structure for project which grant funds are being sought
for FY07
Work breakdown structure to be supplied to the SFWMD after contract is awarded.
c. Summary Schedule of Tasks and Deliverables, with costs associated with
each deliverable, showing actual dates for Start and Completion for this phase
of project.
This information is not yet available because the contract has not been awarded.
The schedule of tasks and deliverables will be provided to the SFWMD when it is
available.
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
Contract #
OT060134
Amount
$987,679
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
Page 6 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
This project is a consecutive project associated with the expansion of the SCRWTP
RO Facility. However, each project was done separately, not in phases. The other
two projects associated with this project is the well drilling for the wellfield and the
facility work for the RO expansion.
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
Well drilling on the wellfield is on-going. The only additional item needed to start
construction is the ERP which is in progress. The project is anticipated to begin
construction August 2007.
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan project questionnaire submitted for the
WSP update is included in Appendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
This project has no hydrogeologic data collection activities associated with it.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The SCRWTP Wellfield Expansion project will use Hawthorn Zone 1 Aquifer
water to provide sufficient supply capacity for the expansion of the SCRWTP, to
continuously produce at full capacity during peak season demand. This project
will enhance the existing saline supply without tapping additional water from the
surficial, fresh aquifer system, thereby reducing the negative impacts on
wetlands while lowering future demand on fresh water sources.
b. Show how the project reduces competition for water supplies.
The new wells will reduce competition for water supplies by utilizing Hawthorn
Zone 1 aquifer water, an alternative water supply, rather than Lower Tamiami
Page 7 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
Aquifer water. This is consistent with the objectives of the Lower West Coast
Water Supply Plan.
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
This project utilizes raw water from the Hawthorn Zone 1 aquifer and will reduce
the amount of fresh ground water that would be required to be withdrawn from
the traditional source to meet demand needs.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
e. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
The following table summarizes the annualized cost calculated from the capital
costs and the estimated operating costs assuming a 6% interest rate and 25 year
life of loan.
Page 8 of 13
., _,,,_,"~",".._,o,....O~_'_
Collier County
SCRWTP RO Wel/field Expansion
16C8
Capital Costs
Capital Cost of Project $32,000,000
Other Capital Costs $1,609,000
---
---
Total Capital Costs $33,609,000
Interest Rate for Financina 0.06
Time Period for Financina-evears) 25
Annualized Capital Cost $2,629,121.77
Operating and Maintenance Costs
O&M Costs $460,000.00
Total Annual Costs $3,089,121.77
Capacity of Project, AADF 15,000,000
Total Annual Cost per Gallon AADF $4.86
Input Cells
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide 12 MGD of additional water supply or approximately 30% of the current
total water-producing capacity.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
No. This is not a reclaimed water project.
h. Is the project going to be implemented by a multi jurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
Page 9 of 13
Collier County
SCRWTP RD Wellfield Expansion
16C8
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
I. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Collier County will fund 60% of the project costs.
ress Basin
Alternative Water Su
Anticipated
A roval Date
Fall 2006
Grant Type
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
Page 10 of 13
Collier County
SCRWTP RO We/lfield Expansion
16C8
copy of the relevant sections of the plan(s). What would the utility regard as
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent master plan updates are included in Appendix F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the following information in electronic format, such as shape
files or AutoCad.
The following items are provided on a CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for all uses, and that rate structures are
implemented based on actual use of reclaimed water for all uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
This is not a reuse project.
Page 11 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1, 2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1, 2007 and further understands that if
construction is not completed by August 1,2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of County Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[] produced a current driver license(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 12 of 13
Collier County
SCRWTP RO Wellfield Expansion
16C8
STATE OF F~OAIDA )
COUNTY OFCQi..Lf.ER)
ATTEST: ,J'
, .
DWIGHTE.13HOCK, Clerk
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
L~
FRANK HALAS, Chairman
:-, ~
~J_",/~___ ~~::.:" ,~--
Depu'ty Clerk
Attest ., to Cha 1 naan ,
11vnat"" onl"
SUBSCRIBED AND SWORN to before me this .:45/'-> day of May, 2006, by Frank
Halas, who is personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
By;
-.
()/~. (,~'
l~ . ' i~>-'
Notary Public
"<~~~"i~::,,, CAROlYN SUE FILSON
_'~''. .'"C:~No'ary Public - State of Florida
f. : ~ . ~CoIllll'llilllo.'EllI*a1tx28.2CD
._" . ... !f"'
"';.', ~/ CommlsllOn (I 00277943
",,?F f\,:,,\\
Printed, Typed or Stamped Name of Notary
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
A.PF'\W&il~~mif ,.&l.....,":'"~~
...---- ~.:'N' _ . '.'
"'_~~"~'~~I,.~~.,~2:J:: Jp /J/
~~.. f~.. .. "l~'~' ", tA.""-1'fI\".'i, :
1....u~,..,:,f." ~..:;.~!.w,.;.-'..,.,..-;~ .
Page 13 of 13
Collier County
Reclaimed Water ASR
16CB
Collier County - Reclaimed Water Aquifer Storaqe and Recovery (ASR)
Project Name
Richard Cannvn
Project Manager
3301 East Tamiami Trail. Blda H Naples. 34112
Address
Collier County PUED
Project Owner
(239) 530-6278
Telephone
(239) 530-5378
Fax
RichardCannvn @collieraov.net
Email
Collier County
County where project is located
596000558
FederallD Number
Lower West Coast
Water Planning Region
Alternative Water Source:
(Check the applicable boxes)
o Sea Water
o Brackish water from aquifer
IZI Sources made available through new storage capacity:
IZI Aquifer Storage & Recovery (ASR)
o Above ground impoundment
IZI Reclaimed Water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
Page 1 of 14
Collier County
Reclaimed Water ASR
16CB
Project Summary
Please complete these tables showing cost, funding, and the amount of alternative water this
project's phase will provide.
Activity
Pro'ect Cost
FY 2006 FY 2007
$12,750
$12,750
$229,500
$30,090
$30,090
$541,630
Total
Pro' ect
$42,840
$42,840
$771,130
$912,500
TOTAL
$255,000
$601,800
$1,769,310
This Pro
1 5
Construction Cost
This Pro osed Phase Total Pro"ect
$6,283,200
letion Date
Total Pro"ect
Janua 31,2007 Se tember 30,2009
Previous 88444 8FWMD Fundin
Amount to be expended
Amount Awarded b Au ust 1, 2006
$500,000
$500,000
Note: (1) FY2006 covers the period from October 1, 2005 to August 1, 2006.
(2) FY2007 will cover the period from October 1, 2006 to August 1, 2007.
Page 2 of 14
Collier County
Reclaimed Water ASR
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Water and Wastewater Rate Information
Single Family Residential (SFR) User Billing
Number of Residential Units Served:
Total Number of Accounts Served:
41,993
56,748
If applicant does not provide both water and wastewater service, please identify the name(s) of
the other utilities providing water or wastewater service in applicants service area:
Note: Assume for the following: a single family residential user with the smallest meter size
offered by the water utility (typically: 5/8x3/4" or 3/4" meter).
Volume Charge Units:
(please check one)
[81 Monthly
OBi-Monthly
o Quarterly
o Other: Specify
I:8J 1 ,000's Gallons
o Hundred Cubic Feet (HCF)
o Other: Specify
Billing Frequency:
(please check one)
Water Rates
Minimum/Base Charge Per Billing Period: $ 13.32
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $1.63 Per Unit Range 1 5,000 to 9,999 Units
Rate 2 $ 2.33 Per Unit Range 2 10,000 to 19,999 Units
Rate 3 $3.07 Per Unit Range 3 20,000 to 29,999 Units
Rate 4 $ 3.91 Per Unit Range 4 30,000 to 39,999 Units
Rate 5 $4.76 Per Unit Range 5 40,000 to 49,999 Units
Rate 6 $ 5.82 Per Unit Range 6 >50,000 to Units
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Water Revenues N/A
Water Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$26.13
When were these water rates last revised:
October 2005
Page 3 of 14
Collier County
Reclaimed Water ASR
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Sewer Rates
Minimum/Base Charge Per Billing Period: $ 20.24
Volume Included in Minimum Charge: N/A Units
Volume Charge Per Consumption Unit
Unit Breaks
Rate 1 $ 2.85 Per Unit Range 1 N/A to N/A Units
Rate 2 $ 2.85 Per Unit Range 2 N/A to N/A Units
Rate 3 $ 2.85 Per Unit Range 3 N/A to N/A Units
Rate 4 $ 2.85 Per Unit Range 4 N/A to N/A Units
Rate 5 $ 2.85 Per Unit Range 5 N/A to N/A Units
Rate 6 $ 2.85 Per Unit Range 6 N/A to Units
Maximum Consumption Units Used for SFR Sewer Bill Calculation: 15,000 aallons
Utility Tax Rate or Franchise Fee Rate: N/A
Percent of Sewer Revenues N/A
Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) per Month
$40.19
(Note: if sewer bill is based on number of fixture units or other measure of usage please indicate
basis for charge and number of units assumed)
When were these water rates last revised:
October 2005
Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 Gallons (9.36
HCF) Per Month: $66.32
Hookup and Capacity or Impact Fees for new single family residence
(Note: These are one time charges collected from new connections to the water and wastewater
system)
Note: Assume for the following a typical single family residential user connection with the
smallest meter size (typically 5/8x3/4" or 3/4") Further assume 3 bedroom, 2.5 bath home, 2,000
square feet.
Hookup Fee
Capacity or Impact Fee
Total
Water I
Sewer I
$633.42
$0
$2,760
$3,125
I I $3,393.42
I I $3,125
Note: Hookup fee is charge for connecting use to water or sewer system including installation of
meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to
serve new growth.
Copies of the utility's rate, hookup and capacity/ impact fee schedules supporting the previous
information are included as Aooendix A.
Page 4 of 14
Collier County
Reclaimed Water ASR
16C8
Project Backqround and SUQI)ortinq Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. Introduction/Background:
Collier County has identified the need for storage of reclaimed water in order to
expand and maximize the effectiveness of the County's existing reuse program.
ASR provides the most cost-effective means to achieve these storage objectives
for reclaimed water. Even with the extensive reuse program that Collier County
has, during rainy periods when irrigation demand is low, excess reclaimed water
must be disposed of using deep injection wells. However, with adequate
seasonal storage reclaimed water can be used much more effectively; reducing
irrigation withdrawals from surface or groundwater systems during critical dry
season periods and reducing loss of valuable freshwater resources.
The full scale project involves construction of five (5) reclaimed water ASR wells
and associated facilities. The associated facilities include pumping equipment
and pretreatment equipment to make the reclaimed water suitable for storage
within an aquifer designated as an Underground Source of Drinking Water
(USDW). The first phase of the project is to construct one pilot ASR well and two
monitor wells and the required treatment and pumping equipment. It is
anticipated that upon completion, the proposed well would accept and recover
water at a rate of about 1.0 MGD. Injection would occur over a 90 to 120-day
period during the wet season, or whenever excess water was available.
Recovery would take place on an as-needed basis to increase dry season
reclaimed water flows to County reuse customers.
The principal goals of the project are to:
. Increase availability of reclaimed water,
. Decrease the loss of reclaimed water using traditional disposal methods,
. Reduce dependence on freshwater aquifers to meet dry season demands
Upon successful completion and operation of the first ASR well, four additional
reclaimed water ASR wells will be constructed at the site.
Therefore, provide sufficient information clearly demonstrating that this
project can be completed by this date, taking into account reasonable delays.
This information must include:
Appendix B contains the bid tab and associated project documents.
. Certified project design and schedule;
. Proof of contractor selection;
Page 5 of 14
Collier County
Reclaimed Water ASR
16CB
. Proof that all relevant permits, agreements, rights-of-way, etc. have been
executed or obtained; include the first five pages of each such document, as
well as the signature page(s).
The below table summarizes the pertinent information pertaining to the permits
required for this project. Appendix C contains the associated documentation.
Permitting Agency Permit Type Date Approved/
Anticipated
A/J/Jroval
FDEP UIC Class V for ASR Issued October 21,
2003
FDEP Water Quality Issued July 19,
Exemption 2004
FDEP WWTP Plant Issued 2006
Modification
FDEP ERP Issued February 7,
2005
USACE ERP Issued May 17,
2005
Inability to clearly show that project can be completed within the timeframe
will result in a project not being considered for funding.
2. Provide a Statement of Work for this project, describing specifically what
will be built with these funds.
The statement of work is provided in Appendix D.
a. Scope of Work for this grant application including the following major
components:
b. Work Breakdown Structure for project which grant funds are being
sought for FY07;
c. Summary Schedule of Tasks and Deliverables, with costs associated
with each deliverable, showing actual dates for Start and Completion for
this phase of project.
Page 6 of 14
--'" ~-----"~
Collier County
Reclaimed Water ASR
';6C8
3. If this project has received alternative water supply funding previously,
provide current status of the project, SFWMD contract number, and project
manager's name.
Contract #
DG-05-0234
IA050244
C-15054
DG061169
Amount
$450,000
$100,000
$50,000
$500,000
4. If the project is a phase of an alternative water supply project, describe all
phases of the project, include costs and schedule for construction.
Phase Description Completion Date Cost
Phase 1 Installation of Pilot ASR January 31 , 2007 $4,369,400
Well
Phase 2 I nstallation of 4 Ongoing $20,000,000*
additional 1 MGD ASR
Wells
*Cost for this project is an estimate based on current cost of installation of one 1 MGD
ASR Well.
5. If the construction phase of the project has not started, identify other items
that are required before construction can begin. Show expected date of
commencement.
Construction has started.
6. Provide a copy of the completed District Water Supply Project questionnaire
submitted for the 2006 Regional Water Supply Plan Updates showing this
project.
A copy of the District Water Supply Plan (WSP) project questionnaire submitted for
the 2006 Lower West Coast WSP Update is included as Aooendix E.
7. If the project involves development of alternative groundwater resources,
describe your data collection plan for determining the capabilities and
limitations of that resource at your locality. In order to further scientific
understanding of alternative groundwater resources, the District requires
electronic submission of all hydrogeologic data collected during the project.
Page 7 of 14
Collier County
Reclaimed Water ASR
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This project does not involve the development of alternative groundwater resources.
8. Please address each of the factors as provided in Section 373.1961 of the
Florida Statutes:
a. Show how the project provides substantial environmental benefits by
preventing or limiting adverse water resource impacts.
The substantial environmental benefits of the Reclaimed Water ASR project
include a reduction of pumpage from other sources which negatively impact
wetlands and a reduction of pumpage induced saline water intrusion.
Without the use of ASR, the reclaimed water would be disposed of by deep well
injection, which is not recoverable. Hence the resource would be wasted.
Use of the stored water from an ASR system during the dry season period
equates to the County not having to draw water from the shallow aquifer system.
This preserves the fresh water resource and minimizes effects on the surficial
aquifer system that would otherwise be created by use of shallow groundwater.
b. Show how the project reduces competition for water supplies.
This project will make more reclaimed water available to users who would
otherwise compete for fresh water for irrigation by pumping from the Tamiami
Aquifer system.
c. Identify the traditional source being replaced and/or any minimum flow or
level or reservation the alternative source utilized by this project is helping
to implement. Explain.
The traditional source of water for irrigation in the area is the Tamiami Aquifer,
which is a shallow freshwater system. This aquifer is in many areas subject to
saline water intrusion and is in contact with the water table. Pumpage from this
aquifer causes drawdown in the surficial aquifer system which contains wetlands.
This ASR project will replace withdrawals from the Tamiami Aquifer system.
d. If the project is going to be implemented by a consumptive use permittee
which has achieved the targets contained in a goal-based water
conservation program approved pursuant to Section 373.227, F.S.;
describe. If not, briefly describe your conservation program.
At this time no goal based water conservation programs have been established
for utilities in the SFWMD. However, Collier County has an extensive water
conservation program. The water conservation initiatives currently being
implemented by Collier County include: aspects of the land development code,
an inverted block rate structure for potable water, an irrigation ordinance that is
Page 8 of 14
Collier County
Reclaimed Water ASR
16C8
more restrictive than the current SFWMD LWC restrictions, and a comprehensive
public information program. Strict land development codes have been adopted
by the County, including a requirement for construction of a dual distribution
system (potable and reclaimed), the use of low-flow plumbing fixtures, and
Xeriscape landscaping. The 6-step block structure for potable water encourages
customers to use water efficiently. The irrigation ordinance invokes the following
year-round restrictions: varying watering days between even and odd address,
usage hours from 12:01 AM to 8:00 AM, and no irrigation on Fridays. The
comprehensive education program utilizes radio, television, newspaper, utility bill
inserts, and public outreach such as school programs, government days, and a
senior expo to inform customers to use water more efficiently.
e. Describe the quantity of water supplied by the project as compared to its
construction cost. Provide a calculation showing the average annual daily
quantity of water supplied (expressed in millions of gallons of water) by the
project divided by the annualized capital cost of the project. If the project
will not be used continuously, please provide the annual amount of water
that will be supplied by the project.
The following table summarizes the annualized cost calculated from the capital.
costs and the estimated operating costs assuming a 6% interest rate and 25 year
life of loan.
Capital Costs
Capital Cost of Proiect $6,283,200
Other Capital Costs $42,840
$42,840
$771,130
Total Capital Costs $7,140,010
Interest Rate for FinancinQ 0.06
Time Period for Financing (years) 25
Annualized Capital Cost $558,539.55
Operating and Maintenance Costs
O&M Costs $912,500.00
Total Annual Costs $1,471,039.55
Capacity of Project, AADF 5,000,000
Total Annual Cost per Gallon AADF $3.40
Input Cells
f. Indicate the percentage of the total water-producing capacity of the system
that this project will provide.
The current capacity of Collier County Water system is 40 MGD. This project will
provide on average 5 MGD of additional water supply or approximately 12.5% of
Page 9 of 14
Collier County
Reclaimed Water ASR
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the current total water-producing capacity during the dry weather season. Please
note that this capacity is at the full build-out of the project.
g. Is the construction and delivery to end users of reclaimed water a major
component of the project?
Yes, construction and delivery to end users of reclaimed water is a major
component of this project.
h. Is the project going to be implemented by a multijurisdictional water supply
entity or regional water supply authority? Show documentation creating
the entity.
Yes. Within the Water-Sewer District boundary, the existing water service area
does not include those areas within the County currently served by the City of
Naples, Orange Tree, Golden Gate City, Marco Island Water District, or the area
within the Goodland Water Sub-District. An interconnection between the Collier
County Water-Sewer District and the City of Naples was completed in 2005. A
project to interconnect the Collier County Water-Sewer District distribution
system with the City of Marco Island is ongoing and projected to be complete
near the end of 2007. There is also an interconnection between the Collier
County Water-Sewer District and Bonita Springs Utilities. In the future, the water
service area will include the Orange Tree Area. Service may also be provided to
other areas through bulk sales agreements with other water-sewer districts in the
future.
The Water-Sewer District Boundary area comprises approximately 240 square
miles. This area is bounded on the north by Lee County, on the south by the
Marco Island Service Area, on the on the west by the City of Naples Service Area
and the Gulf of Mexico, and on the east by the Urban Planning Boundary,
including Rural Fringe areas recently added to the Water-Sewer District
Boundary.
i. If the project is part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multijurisdictional water supply entity or
regional water supply authority; describe the plan and its goals.
Yes. Collier County is implementing a number of alternative water supply
projects including the use of brackish water, reverse osmosis, and aquifer
storage and recovery. Collier County supplies water at a uniform rate.
j. Identify the source(s) and percentage of project costs to be funded by the
water supplier or water user. Is the entity a REDI community? List any
other grants being sought, and the expected date of approval.
Page 10 of 14
---'--..--
Collier County
Reclaimed Water ASR
16C8
Collier County will fund 60% of the project costs. There are no other grants
being sought for this project.
k. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services
received from the general fund, including direct and indirect costs and
legitimate payments in lieu of taxes. Provide a copy of the utility's annual
report or other document and indicate where in the report or document it
shows the disposition of utility water system revenues.
Collier County Public Utilities is an enterprise fund and transfers no revenues to
the local government general fund in excess of reimbursements for services
received.
The following questions apply to water supply utilities, including reuse facilities.
9. If the utility has an integrated water resource plan or master plan that
anticipates a role for alternative water supplies or conservation, provide a
copy of the relevant sections of the plan(s). What would the utility regard as
major impediments to increasing the use of alternative water supplies or
promoting water conservation and how is it dealing with those impediments?
Collier County has been and continues to be a pioneer of alternative water
resources. Saddled with high growth rates, Collier County has invested in a course
of action to use alternative water supply, aquifer storage and recovery (ASR),
reclaimed water, and conservation initiatives to meet their water supply needs. The
County has put such emphasis on their use of non-traditional sources that they
update their water and wastewater master plans every three years to keep up with
the changing technologies and growing needs of their County. Relevant excerpts
from the most recent master plan updates are included in Appendix F.
Collier County identifies cost as the greatest impediment to increasing its use of
alternative water supplies.
10. Please provide the following information in electronic format, such as shape
files or A utoCad.
The following items are provided on a CD in Appendix G.
a. Project location map.
b. Existing and future wastewater service area boundary.
c. Existing and proposed reclaimed water distribution lines with size.
d. Existing and proposed reclaimed water end users.
FOR REUSE PROJECTS:
Page 11 of 14
Collier County
Reclaimed Water ASR
16C8
11. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that
reclaimed water use is metered for all uses, and that rate structures are
implemented based on actual use of reclaimed water for all uses; and that
education programs are in place to inform the public about water issues, water
conservation and the importance and proper use of reclaimed water.
Reclaimed water in Collier County is metered for all uses. Appendix H provides
documentation of the rate structure for reclaimed water and relevant material from
the public education programs.
Page 12 of 14
-l"'---"""~--'-'-'.~. -
Collier County
Reclaimed Water ASR
16C8
South Florida Water Management District
FY 2007 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
("Authorized Representative of the project owner) this day of
who, first being duly sworn, as required by law, hereby acknowledges:
,2006,
1) The statements contained in this project information package are true, correct and complete
to the best of his/her knowledge and that the undersigned has the authority from the project
owner to make the representations contained herein.
2) The undersigned represents that the described phase of this construction project will be
completed on or before August 1 , 2007.
3) The undersigned represents that the project owner intends to begin construction of the
alternative water supply project by this day of , in the year
4) The undersigned represents that the project owner understands the alternative water supply
project must be completed and invoiced by August 1, 2007 and further understands that if
construction is not completed by August 1,2007, the South Florida Water Management
District reserves the right to rescind alternative water supply funding for fiscal year 2007.
STATE OF Florida
Board of County Commissioners. Collier County. Florida
By: Project Owner's Representative
Frank Halas, Chairman
SUBSCRIBED AND SWORN TO before me this 25th day of May, 2006.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver Iicense(s).
[ ] produced as identification:
(NOTARY PUBLIC SEAL)
Notary Public
Page 13 of 14
~._-"".__._-"....._-"~
Collier County
Reclaimed Water ASR
1~6C8
STATE OF FLORIDA )
COUNTY bF COLLIER)
ATTEST:
,
Deputy Cler
ttest .s to Ch& tf"'Uft ,
signature onl..
SUBSCRIBED AND SWORN to before me this ;;< <ST~ day of May, 2006, by Frank
Halas, who is personally known to me as Chairman of the Board of County
Commissioners for Collier County, Florida.
Proiect Owner's Representative:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
DWIGHT E. BROCK, 91erk
B:
,Ji:
By: '
--......-".--.'
FRANK HALAS, Chairman
() L /7
~~ fJ~
Notary Public
(NOTARY PUBLIC'S SEAL OR STAMP)
Approved at to form and legal sufficiency:
11 1'W!:......,r..: "'~"'" ", """ ) , '
~~~k"'i~~t' - hrvi
~b~;G1 r.~,;;.tll,y ,j ,
Page 14 of 14
??l3~ o/?'i~ ?'i~ ?'i~
3301 East Tamiami Trail. Naples, Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
May 23,2006
Mr. Richard Akin, CEO
Collier Health Services, Inc.
1454 Madison Avenue
Immokalee, FL 34142
Dear Mr. Akin:
As Collier County Government has for the last three years, please let this serve as our
commitment to continued funding for the Horizon's Primary Care Clinic for the period of
July l, 2006 through June 30, 2007. While the FY 07 budget has not yet been approved,
the amount required for the match of $144,305, which will translate into a contract with
the Florida Department of Health for $700,000 is being budgeted as existing funds within
the Human Services Department. The budget will be confirmed September 2006.
Thank you for your continued support of this Collier County initiative in providing a
place for individuals who are in need of affordable primary care.
If you should have any questions, please do not hesitate to contact me at (239) 774-8097.
.,.--,-~'--""._'--'"
16Dt
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 infonnation needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines # I throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
Assistant County Attorney
CMG
06/15/06
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. Nonnally 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 BeC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Linda Jackson, Contract Specialist Phone Number 774-
Staff Contact 8990
Agenda Date Item May 23, 2006 Agenda Item 16(D)
was Approved by Number S
theBCC
Type of Document Fountain and Bottle/Can Sales Agreement with Pepsi for Parks and Number of Original Five (5)
Attached Recreation Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chainnan, 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 fmal negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on Mav 23. 2006 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ eounty Forms! BeC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
It)Ud
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO: tJ 6 - f RC- "I) If 7&
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
To: Office of the County Attorney
Attention: Colleen M. Green
t-...:,
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4"_)", C-'i
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Date: Wednesday, June 14, 2006
From: Linda Jackson, Contract Specialist
Purchasing Department, Extension 89
Support Services Division
Re: RE: Fountain and Bottle/Can Sales Agreement with Pepsi for Parks
and Recreation.
BACKGROUND OF REQUEST:
The Agreement was approved by the BCC on May 23, 2006; Agenda Item
(16)(0).
This item has been previously submitted under 06-PRC-00470.
ACTION REQUESTED:
Please sign the agreements for Legal sufficiency. Please forward to
the BCC for execution.
OTHER COMMENTS:
Thank youl
i""'- ~~
{"~. ;1~ 1." :;\
I,' ;i}~\
. "......'~::'
MEMORANDUM
Date:
June 16, 2006
To:
Linda Jackson Best, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Fountain and Bottle/Can Sales Agreement
with Pepsi for Parks and Recreation
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16D8) approved by the Board of County Commissioners
on Tuesday, May 23, 2006.
Please forward the documents to the appropriate parties for their records.
The Finance Department and the Minutes & Records Department have
also retained an original..
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (3)
16D8
FOUNTAIN AND BOTTLE/CAN SALES AGREEMENT
This sets forth the agreement ("Agreement") between Bottling Group, LLC, d/b/a The Pepsi
Bottling Group, a Delaware limited liability company with an office located at _1225 industrial
Blvd. Naples, Florida_34104 ("PBG") and Collier County Board of County Commissioners
with its principal place of business at [15000 Livingston Road, Naples, Florida 34109] (the
"Customer") relating to the purchase by the Customer from PBG of Postmix Products (as
defined below) and B & C Products (as defined below). The support described below is in
lieu of any other discounts, allowances or rebates to which the Customer might otherwise be
entitled from time to time.
Definitions
As used in this Agreement, the following capitalized terms shall have the respective
meanings assigned thereto below.
"Beverage Products" shall mean Postmix Products and B & C Products.
"B & C Products" shall mean all carbonated and noncarbonated, nonalcoholic beverages,
including, but not limited to, carbonated soft drinks, ready-to-drink teas, ready-to-drink
coffees, isotonics (sports drinks), juices and juice drinks, energy drinks and water as listed in
Attachment B which may be amended by PBG from time to time.
"Cases" shall mean the number of cases of B & C Products purchased by the Customer from
PBG.
"Gallons" shall mean the number of gallons of the Postmix Products purchased by the
Customer from PBG.
"Postmix Products" shall mean carbonated soft drinks, teas, energy drinks and juice products
as listed in Attachment B which may be amended by PBG from time to time.
"Premises" shall mean that location known as Sun-N-Fun Lagoon and the entire grounds,
including but not limited to, the buildings, athletic fields and facilities, concession stands,
parking lots, food service outlets and vending areas.
"Year" shall mean each 12-month period during the Term commencing on the first day of the
Term or an anniversary thereof.
1. Term
The term of this Agreement shall commence on June 12, 2006 and expire upon January 12,
2008. When fully executed, this Agreement will constitute a binding obligation of both parties
until expiration or termination.
1
F:\Pepsi Executive Summary and Contract\Pepsi Agreement 6.B.06.doc
16D8
2. Scope
During the Term, Customer shall purchase Postmix Products for use in preparing fountain
beverage products (the "Fountain Products") and B & C Products from PBG sold under the
trademarks of PepsiCo, Inc. or other third party licensor to be sold on the Premises.
3. Performance
This Agreement, including all of PBG's support to the Customer as described below, IS
contingent upon the Customer complying with all of the following performance criteria:
(1) The Beverage Products shall be the exclusive beverage products of their
respective types sold, dispensed or otherwise made available, or in any way
advertised, displayed, represented or promoted at or in connection with Premises by
any method or through any medium whatsoever (including without limitation print,
broadcast, direct mail, coupons, handbills, displays and signage), whether public or
private. In no event shall there be served, dispensed or otherwise made available, or
in any way advertised, displayed, represented or promoted, beverage products
licensed by, or produced by bottlers licensed by, The Coca-Cola Company or any
affiliate thereof.
(2) The Customer shall have brand identification for each Fountain Product served
on all menuboards and postmix dispensing valves at the Premises throughout the
Term.
(3) The Customer shall only use the Postmix Products for use in preparing the
Fountain Products (i) in accordance with the standards established by Pepsi-Cola
Company; and (ii) only for immediate or imminent consumption and shall not resell the
Postmix Products to consumers in any form other than the Fountain Products.
4. Consideration
In consideration of the exclusive rights granted to PBG by Customer over the Term of this
Agreement, PBG shall provide Customer with the following:
(1) Initial support funds in the amount of Three Thousand Three Hundred Dollars
($3,300.00), payable to the Customer within forty-five (45) days of the signing of this
Agreement by both parties (the "Initial Support Funds"). The Initial Support Funds are
earned by the Customer over the Term based on PBG's ability to make its Beverage
Products, listed in Attachment B, available for sale at the Premises during the entire
Term. In the event PBG terminates this Agreement due to the Customer's failure to
cure a breach hereof, the unearned Initial Support Funds will be repaid to PBG
pursuant to the terms of Section 7(b)(1) herein.
(3) Each Year throughout the Term, PBG will accrue rebates on behalf of the
Customer at the rate of $1.00 per Gallon and per Case as listed on Attachment A (the
"Rebates"). The Rebates will be paid to the Customer within forty-five (45) days after
the end of the Term.
2
F:\Pepsi Executive Summary and Contract\Pepsi Agreement 6.8.06.doc
16D8
5. Equipment
PBG will loan the Customer, at no charge, appropriate equipment for dispensing the
Beverage Products during the Term ("Equipment"). Customer agrees that the Equipment
shall be exclusively used to display and merchandise the Beverage Products, and the
Customer shall not use the Equipment to display, stock, advertise, sell or maintain any other
products or beverages (including on the exterior of the Equipment). PBG will also provide, at
no charge to the Customer, maintenance service to the Equipment. Title to such Equipment
will remain vested in PBG or its affiliate and all such Equipment will be returned to PBG upon
expiration or earlier termination of this Agreement. Each Year during the Term or at PBG's
request, Customer shall provide PBG with a written Equipment verification list indicating the
asset number, Equipment type and location of the Equipment loaned to the Customer
pursuant to this Agreement. Failure to provide such verification list to PBG shall be deemed
a material breach of this Agreement.
Customer shall be responsible for stocking machines with Products purchased from PBG
only. Customers shall further be responsible for collecting, for its own account, all cash
monies from the vending equipment and for all related accounting for all cash monies
collected therefrom.
6. Pricing
The Postmix Products, which are produced or sold by PBG, shall be purchased by the
Customer from PBG at the prices established by PBG from time to time. The current prices
are as set forth on Attachment B hereto.
The B & C Products, which are produced or sold by PBG, shall be purchased by the
Customer from PBG at the prices established by PBG from time to time. The current prices
are as set forth on Attachment C hereto.
Payments will be made in accordance with Chapter 218, Florida Statutes, otherwise known
as the Florida Prompt Payment Act.
7. General Terms
(a) Termination. Either party may terminate this Agreement if the other commits a
material breach of this Agreement; provided, however, that the terminating party has given
the other party written notice of the breach and the other party has failed to remedy or cure
the breach within thirty (30) days of such notice. Additionally, if PBG's exclusive rights to sell
anyone or more of the Beverage Products, are terminated, violated, prohibited or limited
during the Term of this Agreement for any reason, including by way of final judicial opinion,
imposition or modification of any local, state or federal laws and/or regulations, whether or not
due to a cause beyond the reasonable control of Customer, PBG may either terminate the
Agreement, as provided herein, or reduce the funding provided in Section 4 herein, to an
amount equal to the then-current ongoing fees PBG would pay for the right to market, sell or
distribute the remaining Beverage Products.
3
F:\Pepsi Executive Summary and ContractlPepsi Agreement 6.8.06.doc
16D8
(b) Remedies. If PBG terminates this Agreement as a result of Customer's breach
including Customer's failure to purchase and serve the Fountain Products or B & C Products
at the Premises throughout the Term, then in addition to any other remedies, including but
not limited to the recovery of lost profits, to which PBG may be entitled by reason of such
breach, the Customer shall immediately make the following payments to PBG:
(1) A payment reflecting reimbursement for all funding previously advanced by
PBG but not earned by the Customer pursuant to the terms of this Agreement. With
regard to the Initial Support Funds, the amount of such reimbursement shall be
determined by multiplying the Initial Support Funds by a fraction, the numerator of
which is the number of months remaining in the Term at the time such termination
occurs and the denominator of which is 60;
(2) At PBG's election, Customer shall either reimburse PBG for the current fair
market value of the Equipment (as reasonably determined by PBG, applying generally
accepted accounting standards) or surrender to PBG all Equipment installed in the at
the Premises, whether leased, loaned or otherwise made available by PBG; and
(3) A payment to PBG reflecting reimbursement for the cost of installation, service
and refurbishing of Equipment provided during the Term and the cost of removal of all
Equipment that has been installed at the Premises, if applicable.
(c) Expiration. Upon expiration of this Agreement, if Customer has not entered into a
further agreement with PBG for the purchase of Beverage Products, Customer shall, at
PBG's election, either reimburse PBG for the current fair market value of the Equipment (as
reasonably determined by PBG, applying generally accepted accounting standards) or
surrender to PBG all Equipment installed at the Premises, whether leased, loaned or
otherwise made available by PBG.
(d) Riaht of Offset. PBG reserves the right to withhold payments due hereunder as an
offset against amounts not paid by Customer for Postmix Products and B & C Products
ordered by and delivered to Customer.
(e) Customer Representation. Customer represents and warrants to PBG that the
execution, delivery and performance of this Agreement by Customer will not violate any
agreements with, or rights of, third parties.
(f) Entire Aqreement. This Agreement contains the entire agreement between the parties
hereto regarding the subject matter hereof and supersedes all other agreements between the
parties, including prior funding commitments relating to the purchase of the Postmix Products
and B & C Products by Customer. This Agreement may be amended or modified only by a
writing signed by each of the parties.
(g) Non-Disclosure. Except as may otherwise be required by law (e.g. F.S. 119, Florida
Sunshine Law) or legal process, neither party shall disclose to unrelated third parties the
terms and conditions of this Agreement without the consent of the other
4
F:IPepsi Executive Summary and ContractlPepsi Agreement 6.8.06.doc
16D8
(h) Indemnification. Each party agrees to indemnify, defend and hold harmless the other,
its officers, board members, agents and employees from and against any and all fines, suites,
claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and
awards and actions of whatever kind or nature, including attorney's fees and costs (and
costs and fees on appeal), and damages (including, but not limited to, actual and
consequential damages) arising from any negligent, willful or wrongful misconduct, knowing
misrepresentation or breach of this Agreement by either party, its officers, board
members, agents or employees. This paragraph shall not be construed in any way to alter
the State's waiver of sovereign immunity or extend the parties liability beyond the
limits established in Section 768.28, Florida Statutes.
(i) Governinq Law. This Agreement shall be governed by the laws of the State of Florida.
U) Riaht of First Refusal. Upon expiration or termination of this Agreement, Customer
hereby grants PBG the right of first refusal to match any offer made to Customer by any third
party with respect to the supply of beverage products to Customer.
(k) Price Discrepancy. Any price discrepancy claim must be submitted to PBG within 365
days of the date of the invoice in question. If the Customer makes a price discrepancy claim
within 90 days of the invoice date, the Customer must submit a written request specifying the
particular product and amount in dispute and reason for the dispute. This request should be
addressed to:
Accounts Receivable
Pepsi-Cola Customer Service Center
P.O Box 10
Winston-Salem, North Carolina 27102.
If the Customer makes a price discrepancy claim from 91 to 365 days after the date of
invoice, in addition to the written request as specified above, the Customer must submit to
PBG a copy of the invoice in question, copies of any check remittances pursuant to the
invoice in question and any additional supporting documentation.
(I) PBG reserves the right to limit quantities, withhold or deduct funding as an offset to
amount not paid by Customer or terminate this Agreement if the Customer (i) sells Beverage
Products directly or indirectly for resale outside of the PBG's exclusive territory, (ii) purchases
Beverage Products outside PBG's exclusive territory where and resells such Beverage
Products within PBG's exclusive territory or (iii) does not comply with PBG's payment terms
or makes an unauthorized deduction from amounts due.
5
F:\Pepsi Executive Summary and Contract\Pepsi Agreement 6.8.06.doc
Bottling Group, LLC
d/b/a The Pepsi Bottling Group
By: '(JIJ ~:--
Print Name: Tef'UJo~~soV\
:i::: ~c1J;~~ S2(~ 11.
Approved as to Form and Legal Sufficiency
By: C~m~
Colleen M. Green J
Assistant County Attorney
Date: (p /16/ D0
16D8
Board of County Commissioners,
Collier County, Florida
5?'?~/
By:
Print Name: Frank Halas
Title: Commissioner
Date:
ATTEST:, :r:; "
Dwight E. Brock, Clerk of 'Co'DIt$, '
~{~,\ir(
r""
By:
Attest ":',
, i gnaturt "{t:\ ,."
(g , I (j,' r4'i.~~; .
(SEAL)
Date:
ltem# \ Co [) ~
Agenda'5Ja-~ I D
Date
Date I I I 5 I " (p
Rec'd ~
F:\Pepsi Executive Summary and ContractlPepsi Agreement 6,B,Q6,doc
6
Attachment A
Product Rebates
CSD 200z. Bottles (24)pk:
Tropicana 200z Bottles (24)pk:
Aquafina 200z. Bottles (24)pk:
Gatorade 200z. Bottles (24pk:
Postmix Products
*AII pricing subject to change with a 30 day notice.
16D8
Rebates Per Cases
$3.73
$3.73
$2.68
$1.25
$1.00 per gallon
F:\Pepsi Executive Summary and Contract\Pepsi Agreement 6.B.06.doc
7
Attachment B
Postmix Products and Prices
$ 9.05 per gallon on Pepsi brands
$ 9.05 per gallon on Dr Pepper, Lipton, Fruitworks
$21.00 per gallon on Citrus Springs Juices
$42.0 per box on Lipton Brewed Tea Extract
$32.50 per box on Lipton Tea Sweetener
C02
$35.00 Deposit
$16.00 per tank
16D8
F:IPepsi Executive Summary and ContractlPepsi Agreement 6.8.06.doc
8
16D8
Attachment C
Bottle & Can Products and Prices
CSD 200z. Bottles (24 )pk:
Tropicana 200z Bottles (24)pk:
Aquafina 200z. Bottles (24)pk:
Gatorade 200z. Bottles (24pk:
Dole Juices 160z. Bottles (12)pk:
Lipton Tea 160z. Bottles (12)pk:
Frappuccino 9.50z. Bottles (12)pk:
SoBe 200z. Bottles (12)pk:
Adrenaline Rush & AMP Cans (24)pk:
$16.25
$16.25
$ 9.00
$17.00
$ 9.50
$ 9.50
$11.75
$11.75
$32.95
F:\Pepsi Executive Summary and ContractlPepsi Agreement 6.8.06.doc
9
16011
MEMORANDUM
Date:
May 24, 2006
To:
Amanda Townsend
Operations Coordinator
Parks & Rec. Department
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Summer Transportation Contract
Enclosed please find one copy of the document, as referenced above (Agenda
Item #16Dll), which was approved by the Board of County Commissioners
on Tuesday, May 23, 2006.
The Minutes & Records Department has an original document and a copy has
been provided to the Finance Department.
If you have any questions, please call me at 774-8411.
Thank you.
Enclosures (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL:1P 6 0 11
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
J>rint au pinkplql<<' Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
doclUl1eC1tS ate to be fawarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Co~ routing lines #1 through #4 as appropriate for additional signatures, elates. and/or information needed. If the document is already complete with the
p of~ CbainnaIl's si lure, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
llou$e to Addressee(s) Office Initials Date
Us,. .outinorder
PRIMARY CONTACT INFORMATION
('1'beprimat'Y contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who createdlprepared the executive
summary. Primaryconlact information is needed in the event one of the addressees above, including Sue Filson, need to conlact staff for additional or missing
infQcalation. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
NmneofPrlmary Staff
ConlaCt
Agenda Date Item was
. J10V~ b . the BCC
Type of Document
AtitaChed
1.lOkl Zed
2.
Board of County Commissioners
3.
4.
5. Sue Filson, Executive Manager
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is
. ate.
1.0tiginal document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are r uired.
5. Inmost 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
tiroeframe or the BCC's actions are nullified. Be aware of our deadlines!
_The docuuleDt .was-appr~ved-by . the BCC on (enter date ) and aU changes
_cJe during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
I-"t-
'5 -Z:2. -6'
$s~S ih0L
/60/1
7----
Yes
(Initial)
N/A (Not
A licable)
MW
l: Forms! County FonnsI Bee Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05
"!\Ill ___,.~........".,,-,.,_. .. -,.,~ '"
16011
SUMMER TRANSPORTATION CONTRACT
THIS AGREEMENT, made this 20th day of April, 2006 by and between the School District of Collier County,
Florida and Collier County Parks and Recreation.
WHEREAS, Chapter 1006 of the Florida Statutes authorizes local school districts to enter into agreements
with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children
for activities sponsored by these organizations, and
WHEREAS, the Organization is a nonprofit corporation, nonprofit civic association, or governing body of
a municipality, county, or state agency duly authorized to enter into this agreement and bind the Organization
thereto, and
WHEREAS, the School Board desires to assist the Organization in providing transportation to school age
children for activities sponsored by the organization on the terms and conditions set forth herein, and
WHEREAS, this Agreement contemplates two (2) use options with concomitant reimbursement form the
Organization to the School Board.
IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional
Student Education ("ESE") attendants to the Organization in accordance with the terms of this agreement. For the
purposes of this agreement, an "operated mile" is defined as every mile driven for each bus operated in support of
the Organization's program, whether with passengers or not, and to include necessary trips to and from a School
Board Transportation Department facility. Mileage will be recorded and billed by the School Board and will be
paid as billed by the Organization. The parties further agree as follows:
1. Option A - Bus and Driver.
a. Organization shall reimburse the School Board for each vehicle with driver at the rate of
$21.75 per hour and $2.10 per operated mile for each bus. If driver overtime is required
the rate is $35.00 per hour.
b. Organization will be billed a minimum of two hours plus mileage for each vehicle and
driver.
2. Option B - Bus. Driver and ESE Attendant.
a. Organization shall reimburse the School Board at the rate above plus an additional $30.00
per hour for an attendant.
3. The rates described in paragraph 1 above are based on conditions current as of September 15,2005.
In the event that these conditions change, for example, increased fuel or labor costs, the District
shall have the right to pass those increased costs on to the Organization in the form of an increase
in the rates shown in paragraph 1 above.
4. The Organization agrees that in the event of a cancellation, the School Board will be given at least
24 hours advance notice. In the event that notice of cancellation issued to the School Board is less
than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board.
1
"-".^--",,"'~""'-""~ "~""-""""~--'-_.-''''''~'''-''''---'-
......."""',-"...-..'
16011
5. Payment for services rendered or due shall be billed by the School Board by the 10th of each month
and paid by the Organization by the 30th of each month.
6. The Organization shall indemnify and save the School Board harmless from and against any and all
liability and costs arising from injury to persons or property occasioned wholly or in part by any act
or mission of the Organization, its employees, members, invitees and all other persons whom the
Organization permits in, on or about the building/grounds designated herein, except to the extent
that such liability and costs result from the sole negligence of the School Board, its agents, or
employees. The Organization shall defend any and all actions, suits or proceedings which may be
brought against the School Board, or in which the School Board may be impleaded or joined with
others as a result of the Organization's use of the building/grounds designated herein, and shall
satisfy pay and discharge any and all such judgments, order and decrees that may be recovered
against the Organization or the School Board, in any such action or proceedings.
7. The Organization agrees that at all times material to this Agreement, it shall provide liability
insurance coverage in the minimum mounts of $100,000 on any claim or judgments and $200,000
on all claims and judgments arising from the same incident occurrence. The Organization shall
present proof of insurance coverage before approval of this contract by the Board.
8. The Organization agrees that there shall be no fee charged to passengers on the bus.
9. The use of vehicles by the Organization shall at all times be subject to the laws of the State of
Florida, the provisions of the Florida Administrative Code, and rules adopted by the School Board.
10. The agreement shall commence on the date first above written, not before 6/1/06, and remain in
effect through 8/13/06.
11. Organization shall provide proof of its non-profit status prior to execution ofthis contract.
12. This Agreement represents the entire Agreement between the parties and may not be amended
except by written instrument signed by all parties hereto.
13. All the terms and provision of this Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their legal representatives, successors and assigns.
B
Ka hleen Curatolo, Chairman of
School Board of Collier County
Attest b
Ray 0 d J. a er,
Superintendent
CM 11. ~
Pr~: M.At- '1 k' k tl;;, I "-'1
2
_..,-~~,'---"........,. j....
_"-,,,_.,,..-...,""'___ m...".._..._,....~.. >
DA TED:8/~,411J)~.b"
A TIES.t:. ,".' , , "
DWIGl-lT F,,"'BROCK~"Clerk
:: :'.,,' ' . \;;.:'( j ;.'
,I ~ ~~ . . ~ ,"" ""
tUst.~4,GU"'1'rua ,
'19".turtOAl~
Approved as to form and
legal sufficiency:
l ille
R23~~
Assistant County Attorney
16011
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ~~~...-
FRANK HALAS, Chairman
_.---'--~-'~--
~---.,.""'-",.~'""..,~~'"
}6 .t 1
.'-..
Administrative Services Division
Purchasing Department
Contract Administration
COLLIER COUNTY GOVERNMENT
Purchasing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/732-2667
FAX: 239/530-6593
www.coIliergov.net
May 31,2006
Jonathan Schaefer
Beck Disaster Recovery, Inc.
1001 Fourth Ave., Suite 2500
Seattle, W A 98154-1004
RE: Amendment Exhibit #A-1 for Contract 05-3831 "FEMA Acceptable Monitoring of
Disaster Generated Debris Management and Technical Assistance"
Dear Mr. Schaefer:
We are pleased to enclose your copy of the fully executed above-referenced
amendment (consent for assignment). If there are any questions, please do not
hesitate to contact me at 239/732-2667.
Very truly yours,
,(J 'tV ~
L~OOd, C.P.M
Contract Specialist
Cc: Dan Rodriguez, Solid Waste
Connie Murray, Finance
~,".;.....~.;glC9"~/~_..;~'_BS
,h,:- ':, :.~ ". '. .
16ft
EXHIBIT A-I Form of Consent
RFP #05-3831
"FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance"
This Fonn of Consent, dated ,At'., ~ ;) 3 ,2006 to the referenced agreement shall be by and
between the parties to the original Agree ent, R. W. Beck, Inc. (to be referred to as "Contractor") and
Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
Re: Agreement dated June 28,2005, BCC Agenda Item 16(C)(l8), by and between R. W. Beck, Inc. and
Collier County referencing RFP No. 05-3831, hereafter known as the "Agreement", to which Beck
Disaster Recovery, Inc. has become a successor in interest by assignment and assumption from R. W.
Beck, Inc. ("Assignment")
Collier County confinns and consents to the Assignment and release of R. W. Beck, Inc. from liability
from and after the effective date of the consent of the Assignment in return for the assumption by Beck
Disaster Recovery, Inc., as of October 25, 2005, of all rights and duties of R. W. Beck, Inc. under the
Agreement.
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:
Approved as to fonn and
Legal sufficiency:
~fYJ~
Assistant County Attorney
CONTRACTOR
c7 ILG"
)
/1
By: JCX\CA.-~ 6-6a
Title: t ~ 0
Dated: ~ )-oO\p
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Gff~'7
BY:
I_.,*...~-,,",-_.-..,----
lb 11
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 23, 2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
(1) Golden Gate Fire Control and Rescue District: Annual Local
Government Financial Report, FY 2004-2005; Special District
Facilities Report dated 4/14/06; Financial Statements for
9/30/05.
B. Minutes:
(1) Bayshore Beautification M.S.T.U. Advisory Committee: Agenda
for May 10, 2006; Minutes of April 12, 2006.
(2) Conservation Collier Land Acquisition Advisory Committee:
Agenda for May 8, 2006.
(3) Collier County Citizens Corps Advisory Committee: Minutes of
April 19, 2006; Agenda for April 19, 2006.
(4) Collier County Library Advisory Board: Agenda for April 26,
2006; Minutes of March 29, 2006.
(5) Golden Gate Community Center Advisory Committee: Agenda
for April 24, 2006; Minutes of April 24, 2006.
(6) Parks & Recreation Advisory Board: Agenda and Minutes of
April 19, 2006.
(7) Collier County Planninq Commission: Agenda for May 4, 2006;
Minutes of March 30, 2006.
(8) Development Services Advisory Committee: Agenda for May 3,
2006; Minutes of April 5, 2006.
(a) DSAC Utility Code Subcommittee: Minutes of March)1
2006.
(9) Environmental Advisory Council: Revised Agenda for May 3,
2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\052306 Misc Corresp.doc
161.
(10) Forest Lakes Roadwav and Drainage M.S.T.U. Advisory
Committee: Agenda for May 10, 2006; Minutes of April 12,
2006.
(11) Golden Gate M.S.T.U. Advisory Committee: Agenda for May 9,
2006; Minutes of April 11, 2006.
(12) Pelican Bav Services Division, Municipal Services Taxing and
Benefit Unit: Minutes of April 5, 2006; Agenda for May 3, 2006.
(a) Clam Bav Subcommittee: Minutes of April 13, 2006; Agenda
for April 13, 2006.
(13) Radio Road Beautification M.S.T.U. Advisorv Committee:
Agenda for May 16, 2006; Minutes of April 18, 2006.
(14) Collier County Historic & Archeological Preservation Board:
Agenda for May 17, 2006; Minutes of April 19, 2006.
(15) Collier County Hispanic Affairs Advisory Board: Agenda for
March 23, 2006; Informal Minutes of March 23, 2006.
(16) Immokalee Beautification M.S.T.U. Advisory Committee:
Agenda for May 17, 2006; Minutes of April 19, 2006.
H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\052306 Misc Corresp.doc
16 I:
Dr-
''''',1;-
a ~,,',".
~.~
l)
MEMORANDUM
'';OiJnJ d
Misc. Correspondence Agenda
Date
Agenda Item #
MAr
, . #)nn"
" j ,~uUU
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
May 5, 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.
Golden Gate Fire Control and Rescue District
1. Golden Gate Fire Control and Rescue District has submitted the following item:
a. Annual Local Government Financial Report, Fiscal year 2004-2005.
Thank you
:Ispeciallspecial
Misc. Corres:
Date: s- ~3- ()l,r
Item #:Jlp J: 1 AJ
Copies to.
--i Z
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1611
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
RE f-: E ~\lED
I) 2006
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
i~j:';'''''l \.' C':')t.l-.:'! ,',.:::-:;n)lniS'51onerS
DATE:
RE:
May 4, 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.
Golden Gate Fire Control and Rescue District
1. Golden Gate Fire Control and Rescue District has submitted the following items:
a. Special District Facilities Report dated 4/14/06.
b. Financial Statements for 9/30/05.
Thank you
:Ispeciallspecial
Misc. Corres:
Date: 5.
ltem#:
Copies to:
1611
SPECIAL DISTRICT FACILITIES REPORT
APRIL 14, 2006
The Golden Gate Fire Control And Rescue District currently operates out of three (3)
stations. Station 71 is located at 100 13th Street S.W. and Station 72 is located at 3820
Beck Boulevard. Both Station 71 and Station 72 are owned by the Fire District. The
third station, Station 70 is located at 4741 Golden Gate Parkway. In 1991 this station was
replaced and expanded in a joint venture funded by both the Fire District and Collier
County to now include a sub-station for Collier County Sheriff and Collier County EMS.
The Collier County Sheriffs Department moved out and into a larger facility during
April 2002. The County and the Fire District signed a lease agreement that includes an
option to buyout the County and lease space back to them.
Station 70 houses the administration offices of the Fire District and includes the
inspection offices. The Fire District provides six (6) paid personnel twenty-four hours a
day at this station plus an administrative staff currently of sixteen (16), and is assisted
overall by ten (10) volunteers and off-duty paid staff.
Currently the apparatus assigned to Station 70 includes the following: one (1) Class A
rescue engine, one (1) sixty-five foot telesquirt Class A engine, one (1) 4x4 brush truck,
and one (1) 3,000 gallon tanker with fire fighting capabilities.
Station 71 includes an assigned staff of four (4) paid personnel twenty-four hours a day
plus the District's vehicle mechanic. Equipment housed at this station includes the
following: one (1) Class A engine, one (1) 6x6 brush truck, one (1) 6x6 special response
vehicle, one (1) 4x4 brush truck with CAFS system, one (1) 3,000 gallon tanker with fire
fighting capabilities and two (2) reserve Class A engines. The expansion of this station
was completed in July 2002 and has the capacity to house eight (8) firefighting personnel.
The expansion of Station 71 also provided a workshop area for the District's vehicle
mechanic.
~ l"
APR 2 8 2U06
1611
Special District Facilities Report
Golden Gate Fire Control And Rescue District
Page 2
April 14, 2006
During 2003, the Golden Gate Fire District was successful in purchasing property and
securing permits for the construction of Station 72 located at 3820 Beck Boulevard which
has the capacity to house nine (9) firefighting personnel and officially opened its doors in
February 2004. Currently Station 72 houses an assigned staff of five (5) paid personnel
twenty-four hours a day.
Equipment housed at this station includes the following: one (1) eighty-five foot tower
Class A engine, one (1) Class A rescue engine, and one (1) 6x6 brush truck.
The Fire District has property set aside for future growth through the G.A.C. Trust Fund.
One piece is located near the intersection of Golden Gate Boulevard and Desoto
Boulevard and the second piece is located in the northwest comer area of Everglades
Boulevard and 1-75.
In addition to the current property set aside, during 2003, the Fire District closed on the
exchange of their twenty acres of property for a five acre parcel located directly on
Collier Boulevard that is across the road from Vanderbilt Country Club and next door to
Summit Place. As of this date, permits are in hand from Collier County for the new
administration building which is currently under construction. This facility will be known
as Station 73 and will also include a separate three bay operations facility to house ten
(10) firefighting personnel. The permits for the operations facility are near completion.
Impact fees and increases in ad valorem taxes will continue to be used to pay for capital
growth items plus working with new developers, when possible, to provide facilities
and/or equipment. In February 2006, the Golden Gate Fire Board adopted a resolution to
accept the 2005 Impact Fee Study which recommended an increase in impact fees.
Due to the rapid growth of population in our area the District is working to complete a 5
to 10 year growth analysis. During 2005 the Fire Board approved purchase of the GIS
software to use in targeting the location of new fire stations. The goals are for all
residents to be within a five mile driving distance of a Golden Gate Fire Station.
During this past year the Fire District was reviewed by Insurances Services Organization
including the approval of a tanker shuttle program that covers areas in the District that are
within 5 driving miles from a fire station but do not have hydrants installed. These areas
now have a new ISO rating of 4 in place of the 9 they previously were rated at. All
homes beyond 5 driving miles are rated at a 10. Each insurance company determines
independently what the actual policy rating number will be.
1611
Special District Facilities Report
Golden Gate Fire Control And Rescue District
Page 3
April 14, 2006
Currently no facilities are planned for replacement within the next ten years. The District
has been having discussion with the Collier County School Board regarding joint location
for a fire station at their new proposed elementary site on I Oth Avenue Southeast and
Everglades Boulevard. The goal is to help reduce construction costs for everyone and
this location would also help to meet the District's goal of covering the eastern part of the
District within the 5 driving miles of a station.
The Fire Board is currently reviewing the Ad Valorem forecast projections to try and
ensure that adequate funding will be coming in to meet the requirements of the District's
operation costs.
In the fiscal year of 2004/2005 the Golden Gate Fire Control And Rescue District
responded to 5464 calls for service. This represents an increase of 10.97 percent over the
fiscal year of 2003/2004.
The Golden Gate Fire Control And Rescue District remains committed to the goal of
having a minimum of four (4) personnel at every fire or emergency scene within five (5)
minutes of callout.
Certified Mail # 7004 1160 0006 7305 6468
1611
GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT
4741 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34116-6901
(239) 348-7540. FAX (239) 348-7546
April 13, 2006
Auditor General's Office
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
Dear SirlMadam:
The firm of Wentzel, Berry, Wentzel & Phillips, P .A. recently did a 200412005 fiscal
year audit on the Golden Gate Fire Control & Rescue District. The Fire Dlstrict received
the completed audit report on April 11, 2006. At the regular fire commission meeting
held on April 12, 2006, the Board of Fire Commissioners made a motion, which they
unanimously approved, to accept the 2004/2005-audit report as presented. .
As a matter of record, the Golden Gate Fire Control & Rescue District intends to comply
with the Rules of the Auditor General Chapter 10.550.
As required by the Rules of the Auditor General (Section 1O.554(g) (6)c. and 10.556), the
Golden Gate Fire Control & Rescue District intends to monitor its financial condition.
REGARDING RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT:
There were no current year recommendations.
STATUS OF PRIOR YEAR RECOMMENDATIONS:
RECONCILING FIXED ASSETS TO TIIE GENERAL LEDGER - As recommended by
the auditor, the District adopted a procedure to enable the reconciliation of the general
ledger fixed asset accounts to the detailed records on a quarterly basis.
Sincerely,
~~
Matthew G. Hudson, Chairman
Board of Fire Commissioners
MGHlpm HE,_
APR 2 g 2006
"
1611
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
F~ (:: \,1 \ i_:~
APR 2 8 2006 i
FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
TABLE OF CONTENTS
SEPTEMBER 30. 2005
PAGE
PART I. FINANCIAL SECTION
Independent Auditors' Report 1
Management's Discussion and Analysis 2
Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Assets 7
Statement of Activities 8
Fund Financial Statements:
Balance Sheet - Governmental Funds 9
Statement of Revenues, Expenditures and Changes in
Fund Balances - Governmental Funds 10
Reconciliation of the Statement of Revenues, Expenditures and
Changes in Fund Balances of Governmental Funds to the
Statement of Activities 11
Statement of Revenues, Expenditures and Changes in
Fund Balances - Budget and Actual - Governmental Funds 12
Notes to the Financial Statements 13
PART II. OTHER REPORTS
Report on Compliance and on Internal Control Over Financial Reporting
Based on an Audit of the Financial Statements Performed
in Accordance with Government Auditing Standards 29
Management Letter Required by Chapter 10.550 of the Rules of the 30
Auditor General of the State of Florida
CWwtZEt. !BE't'Ly,CWwtuf & ~hi!fiA,~.!)
cJV"tf,,,n d7. ':..f-.Jf,d2ip;, CgJd7
d7nn d7n1p"cf" C<:J-:Jd7
'DE&OWr; 1'. df"WEY, CgJd7
cr;'i;ty'J(. dfO&&l, CgJd7
2>iaci" d7. Cluwn, Cr:JJd7
c(iI{LTi"m 'J cWnned;"ck, Cr:JJd7
f)jona{d 1'. 'J3E"y, C':..f-.Jd7, "ti"d
f)jian" qi/l.ntuf, CgJd7, utiud
CfJl,1{{dt E. I1Vmb,I: /F, CgJd7, uti"d
INDEPENDENT AUDITORS' REPORT
December 21,2005
To The Board of Commissioners
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
Naples, Florida
We have audited the accompanying financial statements of the governmental activities and each fund of GOLDEN
GATE FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30,2005, which
collectively comprise the District's basic financial statements as listed in the table of contents. These financial
statements are the responsibility of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT's management.
Our responsibility is to express opinions on these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of America
and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the
Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit
also includes assessing the accounting principles used and significant estimates made, as well as evaluating the
overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective
financial position of the governmental activities and each fund of GOLDEN GATE FIRE CONTROL AND RESCUE
DISTRICT as of September 30, 2005, the respective changes in financial position and the respective budgetary
comparison for each fund thereof for the year then ended in conformity with accounting principles generally
accepted in the United States of America.
In accordance with Govemment Auditing Standards, we have also issued our report dated December 21, 2005 on
our consideration of the District's internal control over financial reporting and on our tests of its compliance with
certain provisions of laws, regulations, contracts, and grants. That report is an integral part of an audit performed in
accordance with Govemment Auditing Standards and should be read in conjunction with this report in considering
the results of our audit.
The management's discussion and analysis on pages 2 through 6 is not a required part of the basic financial
statements but is supplementary information required by accounting principles generally accepted in the United
States of America. We have applied certain limited procedures, which consisted principally of inquires of
management regarding the methods of measurement and presentation of the required supplementary information.
However, we did not audit the information and express no opinion on it.
~-;i;J~ I1J..::rlr AA~.-AI:
W~?BER ,~=L{~1.A.'
Certified Public PI. countants
Naples, Florida
- 1 -
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2>~,rJw;t 'J3uJdiny 801 1'"u,,1' i!)ar; 'D'il'E ~uih 303 c/Vap1'El, '3L~"ida 34108 (239) 566-1600 'lax (239) 566-1901 www.;wf1.cp..;.com
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
MANAGEMENT'S DISCUSSION and ANALYSIS
SEPTEMBER 30. 2005
The Golden Gate Fire Control & Rescue District's discussion and analysis is designed to provide an overview
of the District's financial activities for the fiscal year ended September 30, 2005.
FINANCIAL HIGHLIGHTS
. Levied taxes through the TRIM process. The millage rate was set at 1.0 mill.
. The net assets of the District increased by $6,627.
. At the close of the current fiscal year, the District had a fund balance of $907,911 in the General Fund.
. At the close of the current fiscal year, the District had a fund balance of $7,850,952 in the Special
Revenue Fund (Impact Fees).
. At the close of the current fiscal year, the District had debt in the amount of $8,901 ,765.
OVERVIEW OF THE FINANCIAL STATEMENTS
GASB Statement 34 represents a monumental change from the manner in which government financial
statements are recorded and presented. For the first time, it provides a concise "entity-wide" Statement of Net
Assets and Statement of Activities to give the user of the financial statements a combined overview of the
District's financial position and result of operations, eliminating interfund activities and "other people's money"
such as pension funds, which can lead mislead users when incorporated in a combined manner.
Additionally, this new reporting model requires the use of accrual accounting (which focuses on economic
resources) at the top most level, while maintaining modified accrual accounting (which focuses on current
financial resources - budgeted resources) at the individual fund level. This is an important change in
governmental accounting. For the first time, the impact of long-term financial decisions can be more properly
matched to the period in which the expense or revenue is more properly attributed. In short, more fairness in
presentation is achieved and the impacts of long-term decisions are promptly recorded as the transactions
occur, as opposed to the traditional method of recording them when the bill is paid.
Government-wide Statements: The government-wide financial statements are designed to provide readers
with a broad overview of the District's finances. These statements include all assets and liabilities using the
accrual basis of accounting, which is similar to the accounting used by most private-sector companies. All of
the current year's revenues and expenses are taken into account regardless of when cash is received or paid.
The government-wide financial statements consist of a Statement of Net Assets and a Statement of Activities.
The Statement of Net Assets presents information on all of the District's assets and liabilities, with the
difference between the two reported as net assets. Over time, increases or decreases in net assets may serve
as a useful indicator of whether the financial position of the District is improving or deteriorating.
The Statement of Activities presents information showing how the government's net assets changed during the
most recent fiscal year. All changes in net assets are reported when the change occurs, regardless of the
timing of the related cash flows. Thus revenues and expenses are reported in this statement for some items
that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused
vacation leave).
- 2 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
MANAGEMENT'S DISCUSSION and ANALYSIS
SEPTEMBER 30, 2005
OVERVIEW OF THE FINANCIAL STATEMENTS - Continued
These two statements report the Fire District's net assets and changes in them. One can think of the District's
net assets-the difference between assets and liabilities-as one way to measure the District's financial health, or
financial position.
Fund financial statements: A fund is a grouping of related accounts used to maintain control over resources
that have been segregated for specific activities or objectives. The Fire District, like other state and local
governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal
requirements. The District's funds can be divided into three categories: general fund, special revenue fund,
and debt service fund.
General Fund is the general operating fund of the District. It is used to account for all financial resources
except those required to be accounted for in another fund.
Special Revenue Fund is used to account for impact fees required to be used for future capital outlays in
response to growth of the community.
Debt Service Fund is used to account for the accumulation of resources for, and the payment of, the $8m
general long-term debt principal and interest.
Notes to the financial statements: The notes provide additional information essential to a full understanding of
the data provided in the government-wide and fund financial statements. The notes to the financial statements
can be found on pages 12-27 of this report.
Other information: In addition to the basic financial statements and accompanying notes, this report also
presents certain required supplementary information. The individual fund statements with budget to actual are
found on page 11 of this report.
GOVERNMENT-WIDE FINANCIAL ANALYSIS
Statement of Net Assets: As noted earlier, net assets may serve over time as a useful indicator of a
government's financial position. The District's assets exceeded liabilities by $6,909,438 at the close of the
most recent fiscal year. The largest portion of the District's net assets reflects its investment in capital assets
(e.g. land, building, apparatus and equipment); less any related debt used to acquire those assets that are still
outstanding. The Golden Gate Fire District uses these capital assets to provide services to citizens;
consequently, these assets are not available for future spending. Although the District's investment in its
capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt
must be provided from other sources, since the capital assets themselves cannot be used to liquidate these
liabilities. The table below reflects the condensed government-wide Statement of Net Assets.
- 3 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
MANAGEMENT'S DISCUSSION and ANALYSIS
SEPTEMBER 30. 2005
Golden Gate Fire Control & Rescue District
Net Assets
As of September 30, 2005
FY 2004 FY 2005
Current and Other Assets $ 9,020,357 $ 8,939,900
Capital Assets 7.501.124 7 ,104.460
Total Assets 16.521.481 16.044.360
Current and Other Liabilities 258,791 233,157
Long-Term Liabilities 9.376.132 8.901.765
Total Liabilities 9.634.923 9.134.922
Net Assets:
Invested in Capital Assets (1,689,570) (1,575,110)
Restricted 6,714,662 6,688,171
Unrestricted 1.861.466 1.796.377
Total Net Asset $ 6.886.558 $ 6.909.438
. Net assets show the difference between the Fire District's assets and liabilities.
. The bulk of General fund monies and Impact Fee monies (Special Revenue Fund) are kept in separate
saving accounts at the State Board of Administration in Tallahassee until needed.
. The Debt Service monies are held at Fifth Third Bank in a money market account until needed.
Statement of Activities: The Fire District's net assets increased by $6,627 during the current fiscal year. The
table below compares the revenues and expenses for the three activity types for the current fiscal year.
-4-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
MANAGEMENT'S DISCUSSION and ANALYSIS
SEPTEMBER 30. 2005
Golden Gate Fire Control & Rescue District
Changes in Net Assets
For the Year Ended September 30, 2005
FY 2004
FY 2005
Program Revenues:
Charges for services
Land Trust Agreement
General Revenues:
Ad Valorem Taxes
Investment Earnings
Other
Total Revenue
Expenses:
Public safety:
Employee costs
Outside services
Materials and supplies
Depreciation
Debt service:
I nterest expense
Loss on disposal of capital assets
$
380,449
84,066
$
180,958
o
3,901,866
83,252
991,224
5.440,857
4,690,513
252,765
737.913
5,862.149
Total Expenses
Change in net assets
Net Assets - 10/1/2004
Prior period adjustment
Net Assets - 9/30/2005
3,641,444 4,162,675
498,714 584,606
233,530 177,126
582,664 598,341
463,710 332,774
62.910 0
5.482.972 5.855.522
(42,115) 6,627
$ 6.886.558
16,253
$ 6.909.438
During fiscal year of 2005 the fire district received a 20.30% increase in Ad Valorem tax dollars. Employee
costs went up which include salary increases, increased overtime costs due to the increase in calls, the
addition of a fire inspector as well as increases in insurance, uniforms, etc. Costs for outside services went up
while material and supply costs went down. Investment earnings went up due to increased tax dollars to
invest and the rise in interest rates over the prior year. Long term liabilities went down due to annual loan
payments being made.
GENERAL FUND BUDGETARY HIGHLIGHTS
By motion, transfers of unencumbered appropriation balances are made at mid year to reflect changes in
anticipated revenues and/or expenditures.
- 5 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
MANAGEMENT'S DISCUSSION and ANALYSIS
SEPTEMBER 30, 2005
CAPITAL ASSET AND DEBT ADMINISTRATION
Capital Assets: The fire district's investment in capital assets as of September 30, 2005, amounts to
$7,104,460 (net of accumulated depreciation). The investment in capital assets includes land, buildings,
apparatus and equipment.
Long-term Debt: At the end of the current fiscal year, the Golden Gate Fire District had total debt outstanding
of $8,901,765.
Long-term debt at the end of the current fiscal year included:
. Lease purchase agreement for Station 70
. Loan for purchase of two new fire trucks
. Construction Loan at Fifth Third Bank for $8mil for building two fire stations
. Compensated absences
ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES
When preparing the fiscal year 2006 budget, the District considered the increase in cost for just doing business
and any anticipated changes in the development of our area that would make an impact on the tax dollars
received. A major expenditure in the next year will be the construction of the District's fourth fire station. This
will be a large facility because it will also house administrative offices. The District has outgrown the facility
where the administrative offices are currently housed. The construction of this new facility will be paid for with
the remaining monies ($6,688,171) from the $8mil construction loan at Fifth Third Bank.
General Fund Budget: The Collier County Property Appraiser certified the preliminary FY 2006 tax roll on June
28, 2005, and the District's assessed valuation was at $5,948,471,189 an increase of $1,238,487 or 26.29%
from the prior year's final tax roll.
Use of Prior Year General Fund Cash: The fund balance for FY 2005 is being used to fund the necessary
reserve portions of the FY 2006 General Fund Budget.
Special Revenue Fund Budget: The District is not anticipating any increase in the amount of impact fees to be
collected in FY 2006.
Debt Service Fund Budget: The fund balance for FY 2005 plus anticipated investment income from debt
proceeds makes up this budget.
REQUESTS FOR INFORMATION
This financial report is designed to provide Golden Gate Fire Control & Rescue District's citizens and taxpayers
with a general overview of the District's finances and to show the District's accountability for the money it
receives. Questions concerning any of the information provided in this report or requests for additional
financial information should be addressed to the Fire Chief, Golden Gate Fire Control & Rescue District, 4741
Golden Gate Parkway, Naples, FL 34116 or phone at 239-348-7540.
- 6 -
1611
FINANCIAL STATEMENTS
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
STATEMENT OF NET ASSETS
SEPTEMBER 30. 2005
GOVERNMENTAL
ACTIVITIES
ASSETS
Cash and cash equivalents
Investments
Receivables
Prepaid expenses
Cash, restricted for capital projects
Capital assets, not being depreciated:
Land
Construction in progress
Capital assets, net of accumulated
depreciation
Buildings and improvements
Autos and trucks
Furniture, fixtures, and equipment
Total capital assets, net
Total assets
$
178,985
1,819,043
195,947
57,754
6,688,171
774,341
416,429
3,518,949
1,881,871
512.870
7,104.460
16.044.360
LIABILITIES
Accounts payable
Salaries and benefits payable
Interest payable
Compensated absences:
Expected to be paid within one year
Expected to be paid after one year
Notes and capital leases payable:
Portion due within one year
Portion due after one year
Total liabilities
58,880
122,157
52,120
8,205
213,990
468,323
8.211.247
9.134.922
NET ASSETS
Invested in capital assets, net
of related debt
Restricted for:
Capital projects
Unrestricted
Total net assets
5,895,086
(798,277)
1.812.629
6.909.438
$
The accompanying notes are an integral part of these financial statements.
- 7 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED SEPTEMBER 30. 2005
GOVERNMENTAL
ACTIVITIES
Expenses:
Public safety - fire protection:
Personal services
Outside services
Materials and supplies
Depreciation
Interest on long-term debt and capital leases
$
4,162,675
584,606
177,126
598,341
332.774
5.855.522
Total program expenses
Program revenues:
Charges for services
Net program expense
180.958
5.674.564
General revenues:
Property taxes
Impact fee revenue
Interest income
Miscellaneous
Total general revenues
Change in net assets
4,690,513
581,367
252,765
156.546
5.681.191
6,627
Net assets, September 30,2004
Prior period adjustment
6.886.558
16.253
6.909.438
Net assets, September 30, 2005
$
The accompanying notes are an integral part of these basic financial statements.
- 8 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
BALANCE SHEET - GOVERNMENTAL FUNDS
SEPTEMBER 30. 2005
GOVERNMENTAL FUND TYPES TOTAL
SPECIAL DEBT GOVERNMENTAL
GENERAL REVENUE SERVICE FUNDS
ASSETS
Cash (Note 3) $ 84,104 $ 6,783,051 $ 0 $ 6,867,155
Investments (Note 3) 776,185 1,042,858 0 1,819,043
Receivables (Note 4) 154,763 41,184 0 195,947
Prepaid expenses 57.755 0 0 57,755
Total Assets and Other Debits $ 1.072.807 $ 7.867.093 $ 0 $ 8.939.900
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable $ 42,739 $ 16,141 $ 0 $ 58,880
Accrued liabilities (Note 6) 122,157 0 0 122,157
Total Liabilities 164,896 16,141 0 181 ,037
Fund Balances:
Reserved 0 7,850,952 0 7,850,952
Unreserved 907,911 0 0 907,911
Total Fund Balances 907,911 7,850,952 0 8,758,863
Total Liabilities, Fund
Balances and Other Credits $ 1.072.807 $ 7.867.093 $ 0
Amounts reported for governmental activities in the
statement of net assets are different because:
Capital assets used in governmental activities
are not financial resources and, therefore, are
not reported in the funds. 7,104,460
Long-term liabilities, including capital leases payable,
a promissory note obligation, and related interest payable
are not due and payable in the current period and therefore
are not reported in the funds. (8,953,885)
Net assets of governmental activities $ 6.909.438
The accompanying notes are an integral part of these financial statements.
- 9-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES
IN FUND BALANCES - GOVERNMENTAL FUNDS
FOR THE YEAR ENDED SEPTEMBER 30, 2005
GOVERNMENTAL FUND TYPES
SPECIAL DEBT
GENERAL REVENUE SERVICE
Revenues:
Ad valorem and county taxes
Impact and other fees
I nterest and dividends
Miscellaneous
o $
581,367
206,576
o
$ 4,690,513 $
180,958
46,189
156,546
5,074,206
787,943
Total Revenues
Expenditures:
Current
Public safety:
Employee costs
Outside services
Materials and supplies
Capital outlay
Debt service:
Principal retirement
Interest and fiscal charges
4,125,918
584,118
177,126
29,992
o
488
o
171,686
4,198
o
12,596
o
Total Expenditures
4,921.352
184,770
Excess (deficiency) of revenues
over (under) expenditures
152,854
603,173
Other financing sources (uses):
Transfers in (out)
o
(757,879)
(757,879)
(154,706)
Total other financing sources and uses
o
Net change in fund balances
152,854
755,057
8.005.657
Fund Balances, September 30, 2004
Fund Balances, September 30, 2005
$
907.911 $ 7.850.951 $
1611
TOTAL
GOVERNMENTAL
FUNDS
o $ 4,690,513
o 762,325
o 252,765
o 156.546
478,077
381 ,627
859.704
(859,704)
757.879
757.879
(101,825)
101 ,825
The accompanying notes are an integral part of these financial statements.
- 10 -
o
5.862.149
o
o
o
o
4,125,918
584,606
177,126
201,678
494,871
381 ,627
5,965,826
(103,677)
o
o
(103,677)
8.862.539
o $ 8.758.862
1611
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
RECONCILIATION OF THE STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED SEPTEMBER 30. 2005
Amounts reported for governmental activities in the statement of activities (page 7)
are different because:
Net change in fund balances - total governmental funds (page 9)
$ (103,677)
Governmental funds report capital outlays as expenditures. However,
in the statement of activities the cost of these assets is allocated over
their estimated useful lives and reported as depreciation expense. This
is the amount by which depreciation exceeded capital outlays in the
current period.
(396,663)
The issuance of long-term debt (e.g., notes, capital leases) provides
current financial resources to governmental funds, while the repayment
of the principal of long-term debt consumes the current financial resources
of governmental funds. Neither transaction, however, has any effect on
net assets. This amount is the net effect of these differences in the
treatment of long-term debt.
494,871
Some expenses reported in the statement of activities including interest
and vacation/sick leave expense do not require the use of current financial
resources and, therefore, are not reported as expenditures in governmental
funds.
12,096
Change in net assets of governmental activities (page 7)
$
6.627
The accompanying notes are an integral part of these financial statements.
- 11 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611.
GOVERNMENTAL FUNDS
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES
IN FUND BALANCES - BUDGET AND ACTUAL
FOR THE YEAR ENDED SEPTEMBER 30, 2005
GENERAL FUND
BUDGETED AMOUNTS VARIANCE
ACTUAL WITH FINAL
ORIGINAL FINAL AMOUNT BUDGET
Revenues:
Ad valorem and county taxes $ 4,737,475 $ 4,709,984 $ 4,690,513 $ (19,471 )
Impact and other fees 332,500 264,050 180,958 (83,092)
Interest and dividends 25,900 25,900 46,189 20,289
Miscellaneous 64,120 82,520 156.546 74,026
Total Revenues 5.159.995 5.082,454 5.074.206 (8.248)
Expenditures
Current
Public safety:
Employee costs 4,105,676 4,161,025 4,125,918 35,107
Outside services 640,496 626,896 584,118 42,778
Materials and supplies 228,150 244,650 177,126 67,524
Reserves 631,474 750,684 0 750,684
Capital outlay 50,000 50,000 29,992 20,008
Debt service:
Principal retirement 4,199 4,199 4,198 1
Interest and fiscal charges 0 0 0 0
Total Expenditures 5.659.995 5.837,454 4.921 .352 916.102
Excess (deficiency) of revenues
over (under) expenditures (500,000) (755,000) 152,854 907,854
Other financing sources (uses):
Transfers in (out) 0 0 0 0
Total other financing
sources and uses 0 0 0 0
Net change in fund balances $ (500.000) $ (755.000) 152,854 $ 907.854
Fund Balances, September 30, 2004 $ 755.057
Fund Balances, September 30, 2005 $ 907,911
1611
SPECIAL REVENUE FUND DEBT SERVICE
ORIGINAL VARIANCE ORIGINAL VARIANCE
AND FINAL WITH FINAL AND FINAL WITH FINAL
BUDGET ACTUAL BUDGET BUDGET ACTUAL BUDGET
$ 0 $ 0 $ 0 $ 0 $ 0 $ 0
725,000 581,367 (143,633) 0 0 0
0 206,576 206,576 0 0 0
0 0 0 0 0 0
725.000 787 , 943 62.943 0 0 0
0 0 0 0 0 0
0 488 (488) 0 0 0
0 0 0 0 0 0
1,229,268 0 1,229,268 0 0 0
0 171,686 (171,686) 0 0 0
12,596 12,596 0 434,126 478,077 (43,951)
0 0 0 383.900 381 ,627 2.273
1,241.864 184.770 1 ,057,094 818.026 859.704 (41.678)
(516,864) 603,173 1,120,037 (818,026) (859,704) (41,678)
(757,879) (757,879) 0 757 .879 757,879 0
(757.879) (757.879) 0 757,879 757,879 0
$ (1.274743) (154,706) $ 1.120.037 $ (60.147) (101,825) $ (41.678)
8,005.657 101.825
$ 7.850.951 $ 0
The accompanying notes are an integral part of these financial statements.
- 12 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
ReDortina Entity
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created
by the Florida State Legislature to provide fire and rescue service to a certain prescribed area in Collier
County, Florida, and is an independent special district authorized and existing under Florida House Bill 0865.
The District is operated by a three-person board of commissioners. The government-wide balance sheet and
statement of activities and the General, Special Revenue and Debt Service Funds include all of the operations
and activities relevant to the District.
During 2004, the District implemented Government Accounting Standards Board (GAS B) Statement No. 34,
Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments.
GASB Statement No. 34 established a new financial reporting model for state and local governments that
included the addition of management's discussion and analysis, district-wide financial statements, required
supplementary information, if any, and the elimination of the effects of internal service activities, if any, and the
use of account groups to the already required fund financial statements and notes.
The GASB determined that fund accounting has and will continue to be essential in helping governments to
achieve fiscal accountability and should, therefore, be retained. The GASB also determined that district-wide
financial statements are needed to allow users of financial reports to assess a government's operational
accountability. The new GASB model integrates fund-based financial reporting and district-wide financial
reporting as complementary components of a single comprehensive financial reporting model.
In evaluating the District as a reporting entity, potential component units (traditionally separate reporting
entities), which mayor may not fall within the District's basic financial statements, have been addressed. The
basic criterion for including a component unit within the District's reporting entity is the exercise of oversight
responsibility by the District's Commissioners. Factors other than oversight which may significantly influence
the entity relationship are Scope of Public Service and Special Financing Relationship.
There were no entities that required inclusion as a component unit within the District's basic financial
statements. Additionally, there were no entities, for which there were positive responses to specific criteria
used for establishing oversight responsibility that were excluded from the District's basic financial statements.
The specific criteria used by the District for establishing oversight responsibility are as follows -- Manifestations
of Oversight Responsibility: Selection of Governing Authority; Designation of Management; and Ability to
Significantly Influence Operations, -- Accountability for Fiscal Matters: Budgetary Authority; SurpluslDeficit;
Responsibility of Debt; Fiscal Management; and Revenue Characteristics.
Government-wide and fund financial statements
The government-wide financial statements (i.e., the statement of net assets and the statement of activities)
report information on all of the activities of the primary government. Governmental activities, which normally
are supported by taxes are reported separately from business-type activities of which the District had no such
activities during 2005.
- 13 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Government-wide and fund financial statements (continued)
The statement of activities demonstrates the degree to which the direct expenses of a given function or
segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific
function or segment. Program revenues include (1) charges to customers or applicants who purchase, use, or
directly benefit from goods, services, or privileges provided by a given function or segment and (2) grants and
contributions that are restricted to meeting the operational or capital requirements of a particular function or
segment. Taxes and other items not properly included among program revenues are reported instead as
general revenues.
Separate financial statements are provided for governmental funds, even though such funds are excluded from
the government-wide financial statements. All governmental funds of the District are reported as major
individual funds.
Measurement focus. basis of accountina. and financial statement oresentation
The government-wide financial statements are reported using the economic resources measurement focus and
the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a
liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues
in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all
eligibility requirements imposed by the provider have been met.
Government fund financial statements are reported using the current financial resources measurement focus
and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable
and available. Revenues are considered to be available when they are collectible within the current period or
soon enough thereafter to pay liabilities of the current period. The government considers all revenues
available if they are collected within 60 days after year-end. Expenditures are recorded when the related fund
liability is incurred, except for certain compensated absences and claims and judgments which are recognized
when the obligations are expected to be liquidated with expendable available financial resources. The primary
revenue sources that are susceptible to accrual are ad valorem taxes, impact fees, inspection fees and
interest. Other receipts and fees become measurable and available when cash is received by the District and
are recognized as revenue at that time. Expenditures are recorded when the liability is incurred, if measurable,
except that:
a) Disbursements for supplies inventory are considered expenditures at the time of purchase;
b) Interest on long-term debt and expenditures related to compensated absences and claims and judgments
is not accrued but recorded as an expenditure when paid.
The governmental fund accounts of the District are organized on the basis of funds, each of which is
considered a separate accounting entity. The operations of each fund are accounted for with a separate set of
self-balancing accounts that comprise its assets, liabilities, fund balances, revenues, and expenditures.
Government resources are allocated to and accounted for in individual funds based upon the purpose for
which they are to be spent and the means by which spending activities are controlled.
- 14 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Measurement focus. basis of accounting. and financial statement presentation (continued)
The District reports the following major governmental funds:
General Fund - The General Fund is the general operating fund of the District. It is used to account for
all financial resources except those required to be accounted for in another fund.
Special Revenue Fund - The Special Revenue Fund is used to account for impact fees required to be
used for future capital outlays in response to growth of the community. Such fund also accounts for debt
proceeds which are subsequently transferred to the debt service fund for debt principal and interest
payments.
Debt Service Fund - The Debt Service Fund accounts for the resources accumulated and payments
made for principal and interest on long-term general obligation debt of governmental funds.
Budgetary Process
The budget and amendments, if any, are approved by the Commissioners. The budget is prepared on the
cash basis, which is considered not to be materially different from the modified accrual basis in accordance
with U.S. generally accepted accounting principles.
The annual budget serves as the legal authorization for expenditures. Expenditures cannot legally exceed the
total amount budgeted. All budget amendments, which change the legally adopted total appropriation, are
approved by the Commissioners.
Encumbrances
Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are
recorded is not employed by the District and thus no amount has been included in these basic financial
statements for encumbrances.
Statement of Revenues. Expenditures and Changes in Fund Balances - Budget and Actual - All
Governmental Fund Types
The budget column of this statement is prepared from the District's adopted annual budget, as amended during
the year, which reflects budgeted revenues and expenditures in total for all governmental fund types on a cash
basis which is comparable to the modified accrual basis of accounting for the year ended September 30, 2005.
Appropriations lapse at year-end.
Property Tax Calendar
The calendar is composed of the following dates:
1. Lien date
2. Levy date
3. Due date
4. Collection dates
- 3rd week in May
July 1
March 31
November through March
- 15 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30.2005
NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Total Column on the Balance Sheet and the Statement of Revenues. Expenditures and Chanaes in
Fund Balances - Governmental Funds
The total columns on the balance sheet and the statement of revenues, expenditures and changes in fund
balances is presented only to facilitate financial analysis and also is utilized for reconciliation purposes to the
government-wide financial statements. Data in this column does not present financial position or results of
operations in conformity with U.S. generally accepted accounting principles, and such data is not comparable
to a consolidation.
Investments
Investments are reported and are equal or equivalent to market value. Florida Statutes allows the District to
invest surplus funds in:
a) the State operated Local Government Surplus Funds Trust Fund;
b) securities guaranteed by the U.S. Government or agencies of the U.S. Government; or
c) interest bearing time deposits or savings accounts in banks and savings and loans organized under
State laws or doing business in and situated in the State, provided collateral requirements are met.
Certain funds are invested with the State Board of Administration (SBA) of Florida in the Local Government
Surplus Funds Trust Fund Investment Pool. These funds are recorded at cost, which according to the State
Board of Administration of Florida is approximately equal to the fair value of the investments for financial
reporting.
Taxes and Fees Receivable
No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts
to be fully collectible.
Prepaid Items
Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid
items in both the government-wide and fund financial statements.
Pavables and Accruals
Such payable and accrual amounts are recorded as expenses and liabilities when incurred in the government
wide financial statements and as expenditures and liabilities in the fund financial statements when paid and
when expected to be liquidated with available expendable financial resources.
- 16-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Restricted Assets
Certain proceeds of the District's construction promissory note proceeds, as well as certain resources set aside
for their repayment, are classified as restricted assets on the balance sheet because they are maintained in
separate bank accounts and their use is limited by District covenants. The "Cash, restricted for capital
projects" account is used to report the proceeds of promissory note issuances (less the unspent proceeds of
construction related debt) that are restricted for use in future District fire station construction. The "Cash,
restricted for principal and interest" account is used to segregate resources accumulated for current debt
service payments. There were no such funds segregated for debt service payments at September 30, 2005 as
the following quarterly payment is not due until November 2005.
Capital Assets
Capital assets, which include property, plant and equipment, are reported in the government-wide financial
statements. Capital assets are defined by the District as assets with an initial, individual cost of more than
$750 and an estimated useful life in excess of one year.
In the case of initial capitalization of District capital assets and within the guidelines promulgated by GASB 34,
the District was able to use historical cost and original purchase date for all such assets. As the District
constructs or acquires additional capital assets each period, such assets are capitalized and reported at
historical cost. The reported value excludes normal maintenance and repairs which are essentially amounts
spent in relation to capital assets that do not increase the capacity or efficiency of the item or extend its useful
life. In the case of donations, the District values these capital assets at the estimated fair value of the item at
the date of donation. There were no such donated assets during 2005.
Interest on debt can not meaningfully be associated with individual District functions and, consequently, is
reported as a separate line within governmental activities in the government-wide statement of activities. Such
treatment also applies to interest incurred on capital leases. The practical effect of capitalizing interest
incurred during the construction of capital assets used in governmental activities would be to allocate interest
cost to whatever function reported the related depreciation expense. However, the allocation of interest to
individual functions within governmental activities is not appropriate. Consequently, no such interest costs
incurred during 2005 related to the construction of Stations 72 and 73 were capitalized.
Property, plant and equipment of the District is depreciated using the straight line method over the following
estimated useful lives.
Buildings and improvements
Autos and trucks
Furniture, fixtures and equipment
Lona- Term obliaations
YEARS
20 - 39
5 - 10
5 - 20
In the government-wide financial statements, long-term debt and other long-term obligations are reported as
liabilities in the Statement of Net Assets.
In the fund financial statements, the face amount of debt issued and debt principal and interest payments are
reported as other financing sources and principal and interest expenditures, respectively, in the Statement of
Revenues, Expenditures and Changes in Fund Balances - Governmental Funds. There was no such debt
issued during 2005.
- 17 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2005
NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Compensated Absences
The District's employees earn vacation which may either be taken or accumulated, up to certain amounts, until
paid upon retirement or termination. Unused sick leave accumulates and is subject to a reduction if paid in
cash upon retirement or termination. The liability for compensated absences reflects amounts attributable to
employee services already rendered on a cumulative basis which is probable for payment.
Fund Eauitv
In the fund financial statements, governmental funds report reservations of fund balance for amounts that are
not available for appropriation or are legally restricted by outside parties for use for a specific purpose.
Designations of fund balance represent tentative management plans that are subject to change. There were
no such reservations or designations of fund balance at September 30, 2005.
Risk Manaaement
The District is exposed to various risks of loss related to torts; theft, damage, and destruction of assets; errors
and omissions; injuries to employees; and natural disasters. Insurance coverage for such losses is purchased
from third-party carriers. The financial impact of the District's risk management activities are reported in the
general fund. For the fiscal year ended September 30, 2005, the District paid $50,485 to third-party carriers to
insure for these purposes. There has been no reduction in coverage from the prior year. Liabilities are
reported when it is probable that a loss has occurred and the amount of the loss can be reasonably estimated.
There was no such type of occurrence during fiscal 2005. No accrual has been provided for claims and
incidents not reported to the insurer. Claims made have not exceeded the insurance coverage for the current
year.
NOTE 2 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS
Explanation of certain differences between the aovernmental fund balance sheet and the
aovernment-wide statement of net assets
The government fund balance sheet includes a reconciliation between fund balance - total governmental funds
and net assets - governmental activities as reported in the government-wide statement of net assets. One
element of that reconciliation explains that "capital assets used in governmental activities are not financial
resources and, therefore, are not reported in the funds." The details of this $7,104,460 difference are as
follows:
Total historical cost of fixed assets at September 30, 2005 (see Note 5)
$ 1 0,141 ,856
(3,037,396)
Accumulated depreciation at September 30, 2005
Net adjustment to increase fund balance - total governmental funds
to arrive at net assets - governmental activities
$ 7. 1 04.460
- 18-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
1611
NOTE 2 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS
(Continued)
Another element of that reconciliation explains that "long term liabilities, including capital leases payable, a
promissory note obligation, and interest payable are not due and payable in the current period and therefore
are not reported in the funds." The details of this $8,953,885 difference are as follows:
Capital lease payable - fire truck and equipment
Capital lease payable - facility - Station 70
Promissory note obligation payable
Compensated absences
Accrued interest payable
Net adjustment to reduce fund balance - total governmental funds
to arrive at net assets - governmental activities
Exolanation of certain differences between the aovernmental fund balance sheet and the
aovernment-wide statement of net assets (continued)
$
932,813
260,309
7,486,448
222,195
52.120
$
8.953.885
Exolanation of certain differences between the aovernmental fund statement of revenues.
exoenditures, and chanaes in fund balances and the aovernment-wide statement of activities
The governmental fund statement of revenues, expenditures, and changes in fund balances includes a
reconciliation between net change in fund balances - total governmental funds and change in net assets of
governmental activities as reported in the government-wide statement of activities. One element of that
reconciliation explains that, "Governmental funds report capital outlays as expenditures. However, in the
statement of activities the cost of these assets is allocated over their estimated useful lives and reported as
depreciation expense." The details of this $396,663 difference are as follows:
Another element of that reconciliation states that, "The issuance of long-term debt (e.g., notes, capital leases)
provides current financial resources to governmental funds, while the repayment of the principal of long-term
debt consumes the current financial resources of governmental funds. Neither transaction, however, has any
effect on net assets." The details of this $494,871 difference are as follows:
Principal repayments:
Capital lease - fire truck and equipment
Capital lease - facility
Promissory note
Net adjustment to increase net changes in fund balances - total governmental
funds to arrive at changes in net assets of governmental activities
Capital outlay
Depreciation expense
Net adjustment to decrease net changes in fund balances - total governmental
funds to arrive at changes in net assets of governmental activities
- 19 -
$
201,678
(598.341 )
$
(396.663)
$
153,844
16,794
324.233
$
494.871
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
..
~
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 2 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS
(Continued)
Exolanation of certain differences between the aovernmental fund statement of revenues. exoenditures.
and chanaes in fund balances and the aovernment-wide statement of activities (continued)
Another element of that reconciliation states that, "some expenses reported in the statement of activities
including interest and vacation/sick leave expense do not require the use of current financial resources and,
therefore, are not reported as expenditures in governmental funds." The details of this $12,096
difference are as follows:
Compensated absences
Net effect of differences in accounting treatment of long-term debt
related interest
$
(36,757)
48,853
Net adjustment to increase net changes in fund balances - total governmental
funds to arrive at changes in net assets of governmental activities
$
12.096
NOTE 3 - CASH AND INVESTMENTS
CASH
Cash held at September 30, 2005 consisted of the following:
Demand Deposits
Petty Cash
GENERAL
FUND
$ 84,004
100
$ 84.104
SPECIAL
REVENUE
FUND
$6,783,051 $
o
$6 783.051 $
DEBT
SERVICE
FUND
TOTAL
o $6,867,055
o 100
o $6867.155
All deposits with banks are entirely insured by Federal Depository Insurance. All District depositories are
designated by the Florida State Treasurer as qualified public depositories. Chapter 280 of the
Florida Statues "Florida Security for Public Deposits Act" provides procedures for public depositories to ensure
public monies in banks and savings and loans are collateralized with the Treasurer as agent for the public
entities.
Financial institutions qualifying as public depositories shall deposit with the Treasurer eligible collateral having
a market value equal to or in excess of the average daily balance of public deposits times the depository
collateral pledging level required pursuant to Chapter 280 as computed and reported monthly or 25 percent of
the average monthly balance, whichever is greater. The Public Deposit Security Trust Fund has a procedure
to allocate and recover losses in the event of a default or insolvency. When public deposits are made in
accordance with Chapter 280, no public depositor shall be liable for any loss thereof. Chapter 280 defines
deposits as demand deposit accounts, time deposit accounts, and certificates of deposit.
At September 30, 2005, the carrying amounts of the District's deposits were $6,867,155 and the SBA ledger
balance was $1,819,043.
- 20-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 3 - CASH AND INVESTMENTS (Continued)
Investments
The District's investments at September 30, 2005 included the Local Government Surplus Funds Trust Fund
Investment Pool. This fund is not categorized because it is not evidenced by securities that exist in physical or
book entry form. All monies deposited in the surplus fund are collateralized as required under law.
The District invests funds throughout the year with the Local Government Surplus Funds Trust Fund Investment
Pool, which is administered by the State Board of Administration (SBA), under the regulatory oversight of the
State of Florida. As of September 30,2005, the investment pool closed with the total investments of
approximately $19 billion with the District's investment in the SBA totaling $1,819,043.
The Local Government Surplus Funds Trust Fund is governed by Ch. 19-7 of the Florida Administrative Code,
which identifies the Rules of the State Board of Administration. These rules provide guidance and establish
the general operating procedures for the administration of the Local Government Surplus Funds Trust Fund.
Additionally, the Office of the Auditor General performs the operational audit of the activities and investments
of the State Board of Administration.
The Local Government Surplus Funds Trust Fund is not a registrant with the Securities and Exchange
Commission (SEC); however, the Board has adopted operating procedures consistent with the requirements
for a 2a-7 fund.
The District's investments are categorized to give an indication of the level of risk assumed by the District at
year-end. Category 1 includes investments that are Securities Investor Protection Corporation insured or
registered in the name of the District or for which the securities are held by the District or its agent in the
District's name. Category 2 includes uninsured and unregistered investments for which the securities are held
by the counterparty's trust department or agent in the District's name. Category 3 includes uninsured and
unregistered investments for which the securities are held by the counterparty or by its trust department or
agent but not in the District's name. At year end, the District's investment balances were as follows:
1
CATEGORY
2
3
CARRYING
AMOUNT
MARKET
VALUE
September 30. 2005
All other investments
$
o $
o $
o $
o $
o
Investment in Local Government
Surplus Funds Trust Fund
I nvestment Pool
Total
1,819,043 1,819,043
$ 1.819.043 $ 1.819.043
- 21 -
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
NOTES TO FINANCIAL STATEMENTS
1611
SEPTEMBER 30. 2005
NOTE 4 - RECEIVABLES
Receivables at September 30, 2005 consisted of the following:
Impact fees - special revenue fund
Inspection fees - general fund
Ad valorem taxes - general fund
False alarm fees - general fund
FEMA - general fund
Other
Total
$ 41,184
7,696
43,071
66,081
21,026
16,889
$ 195.947
NOTE 5 - CAPITAL ASSETS
Capital asset activity for the year ended September 30, 2005 was as follows:
BALANCE BALANCE
SEPT. 30, SEPT. 30,
2004 ADDITIONS DELETIONS 2005
Capital assets, not being depreciated:
Land $ 774,341 $ 0 $ 0 $ 774,341
Construction in progress 305.075 111 ,354 0 416.429
Total capital assets, not being
depreciated 1.079.416 111.354 0 1.190,770
Capital assets, being depreciated:
Buildings and improvements 4,225,836 4,735 0 4,230,571
Autos and trucks 3.423,735 56.418 0 3.480,153
Furniture, fixtures and equipment 1,211.191 29.171 0 1.240.362
Total capital assets being depreciated 8.860,762 90,324 0 8,951.086
Less accumulated depreciation for:
Buildings and improvements (547,010) (164,612) 0 (711,622)
Autos and trucks (1,292,641 ) (305,641 ) 0 (1,598,282)
Furniture, fixtures and equipment (599.404) (128.088) 0 (727.492)
Total accumulated depreciation (2.439,055) (598,341) 0 (3.037,396)
Total capital assets being
depreciated, net 6.421.707 (508.017) 0 5.913.690
Total capital assets $ 7.501.123 $ (396.663) $ 0 $ 7.104.460
The government has active construction projects as of September 30, 2005. The project includes the
construction of a new fire station - "Station 73". See Note 12 below regarding events related to Station 73
construction.
- 22-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 6 - ACCRUED LIABILITIES
Accrued liabilities at September 30,2005, were comprised of the following:
Accrued wages payable
Payroll taxes payable
Retirement contribution payable
$ 97,519
7,460
17.178
$ 122,157
NOTE 7 - LEASES AND OTHER LONG-TERM DEBT
Capital Lease Obligations
The District is committed to two capital leases. Capital leases are generally defined as leases which transfer
benefits and risks of ownership to the lessees. The District and Collier County have a lease agreement for the
facility previously constructed by Collier County to be shared by the District, the Sheriffs Department and
Emergency Medical Services. Based on the lease agreement, the lease has been recorded as a non-interest
bearing capital lease in the accompanying basic financial statements.
Following is a schedule of the future minimum payments on the facility capital lease as of September 30, 2005:
YEAR ENDED
SEPTEMBER 30.
2006
2007
2008
2009
2010
2011 - 2015
2016 - 2020
2021
$ 16,794
16,794
16,794
16,794
16,794
83,971
83,971
8,396
$ 260.308
In January 2003, the District entered into a capital lease agreement with Leasing 2, Inc. for the purchase of two
firefighter trucks including related equipment totaling $1,267,898. Following is a schedule of the present value
of the net future payments on this lease obligation at September 30,2005:
YEAR ENDED
SEPTEMBER 30.
2006
2007
2008
2009
2010
$ 204,243
204,243
204,243
204,243
204,243
1,021,215
Less: Amount representing interest (88.402)
Present value of net minimum lease payments $ 932.813
As noted above, modifications to the lease occurred subsequent to the lease's inception. As a result, the
District's January 2005 payment totaled $187,900. See Note 11 below.
- 23-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 7 - LEASES AND OTHER LONG-TERM DEBT - Continued
Promissorv Note Obliaation
In August 2003, the District entered into a promissory note with Fifth Third Bank totaling $8,000,000. Pursuant
to the loan agreement, the District is required to use the loan proceeds for the purpose of constructing two fire
station facilities (known as "Station # 72" and "Station # 73") located in the Golden Gate District. The loan is
unsecured and interest is being charged at the sum of 90 day Libor interest rate plus 1.65%. The District's
impact fees received each year will be used as the source of repayment for such loan. Such loan proceeds
were transferred during the fiscal year ended September 30, 2004 from certain financial instruments with Fifth
Third Securities, Inc. to a money market account. During 2005 and 2004, the District disbursed $111,354 and
$990,444, respectively, to fund certain construction costs associated with these new fire stations.
In conjunction with the above respective loan agreement with Fifth Third Bank, the District entered into a ten
year (20 year amortization period) interest swap agreement for $8,000,000. Based on the interest swap
agreement, the District owes quarterly interest calculated at a fixed rate of 3.44% to the counterparty to the
swap. In return, the counterparty owes the District interest based on 1.65% of the three month (90 day) Libor
rate.
Only the net difference in interest payments is actually exchanged with the counterparty. The notional amount
of $8m is not exchanged; it is only the basis on which interest payments are calculated quarterly.
During the term of the interest swap agreement, the District effectively pays a fixed rate on the loan. The debt
service requirements (as presented below) to maturity for this loan arrangement are based on that fixed rate at
3.44% and 90 day Libor spread (2.48% at September 30,2005). The District will be exposed to variable rates
if the counterparty to the interest swap defaults or if the interest swap is terminated. A termination of the
interest swap agreement may also result in the District's making or receiving a termination payment or benefit
amount. Based on Fifth Third Bank's Mark-to-Market Report as of September 30, 2005, the District would owe
the Bank approximately $194,729 if the interest swap agreement was terminated. Other than the net interest
expenses and interest accruals resulting from this interest swap agreement, no amounts are recorded in the
accompanying financial statements.
Following is a schedule of future principal debt service payments as of September 30, 2005 based on an overall
synthetic rate of 5.92% (3.44 fixed plus Libor rate spread of 2.48%):
YEAR ENDED
SEPTEMBER 30,
2006
2007
2008
2009
2010
2011 - 2013
PRINCIPAL
$ 276,166
288,862
302,142
316,032
330,561
5,972.686
$ 7.486,449
INTEREST
$ 337,473
324,629
312,040
297,139
283,439
752.889
$ 2.307.609
- 24-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 7 - LEASES AND OTHER LONG-TERM DEBT (Continued)
Long-term liability activity for the year ended September 30, 2005 was as follows:
BALANCE BALANCE
SEPT. 30, SEPT. 30,
2004 ADDITIONS PAYMENTS 2005
Compensated absences $ 185,438 $ 44,962 $ (8,205) $ 222,195
Capital lease @ 3.096% w/Leasing 2, 1,086,657 0 (153,844) 932,813
principal and interest due annually,
unsecured and matures January 2010.
Promissory note payable, interest 7,810,682 0 (324,233) 7,486,449
paid quarterly at Libor plus
1.65%, unsecured, source of
repayment-impact fees.
Capitalized lease - building 277.102 0 (16.794) 260,308
$ 9.359.879 $ 44.962 $ (503.076) $ 8.901.765
NOTE 8 - PENSION PLAN OBLIGATIONS
All paid District employees are participants in the Florida Retirement System (System), a defined benefit non-
contributory multiple-employer, cost-sharing public retirement system, which is controlled by the State
Legislature and administered by the State of Florida, Department of Administration, Division of Retirement.
The plan covers a total of approximately 895,000 employees of various governmental units within the State of
Florida.
The System provides for vesting of benefits after 6 years of creditable service. Normal retirement benefits are
available to employees who retire at or after age 62 with 6 or more years of service with a 5% reduction of
benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average
compensation and years-of-service credit, where average compensation is computed as the average of an
individual's five highest years of earnings.
Participating employer contributions are based upon State-wide rates established by the State of Florida.
These rates are applied to employee salaries as follows: regular employees - 7.83% and special risk
employees - 18.53%.
The funding policy provides for monthly employer contributions at actuarially determined rates that are
determined using the entry age actuarial funding method.
The District's contribution to the plan for the year ended September 30,2005 was $453,855 and was paid by
the due date for the contribution. This represents approximately 17.71 % of the District's 2005 covered payroll
of $2,563,106. The total payroll for fiscal 2004 was $2,203,058. In addition, the District's contribution to the
plan for fiscal 2004 was $395,350.
- 25-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2005
NOTE 8 - PENSION PLAN OBLIGATIONS (Continued)
The pension benefit obligation for the System as a whole, determined through an actuarial valuation was $95.2
billion at July 1, 2004, the date of the most recent actuarial report. The report also indicates that the System
had total net assets available for benefits of approximately $106.7 billion at that date resulting in an
overfunded pension obligation of $11.5 billion. A portion of the surplus is being used as a contribution rate
stabilization technique. The pension benefit obligation is a standardized disclosure measure of the present
value of plan benefits, adjusted for the effects of projected salary increases and step-rate benefits estimated to
be payable in the future as a result of employee service to date. A variety of significant actuarial assumptions
are used to determine the standardized measure of the pension benefit obligation and these assumptions are
summarized below:
a) a rate of return on the investment of present and future assets of 8 percent per year compounded annually;
b) projected salary increases of 6.25 percent per year compounded annually, attributable to inflation; and
c) cost-of-living adjustments of 3%.
The measure is intended to help users assess the System's funding status on a going concern basis, assess
progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among
retirement systems and among employers. The System does not make separate measurements of assets and
pension benefit obligations for individual employers. Significant assumptions used to compute pension
contribution requirements are the same as those used to determine the standardized measure of the pension
obligation.
Ten year historical trend information showing the System's progress in accumulating sufficient assets to pay
benefits when due is presented in the System's June 30, 2004 Comprehensive Annual Financial Report.
NOTE 9 - POST EMPLOYMENT BENEFITS
The District provides a former fire chief with health and life insurance. The District provides this non-
contributory benefit as part of the former fire chiefs contract. In September 2000, the District agreed to pay
50% of the monthly health insurance premium for the former fire chiefs spouse pursuant to a settlement
agreement. The District considers these arrangements as a pay-as-you-go plan. The District is obligated to
pay for these benefits for the former fire chief until death and for the spouse until age 65. The total health and
life insurance premiums paid by the District under those arrangements were $6,093 in fiscal year 2005.
NOTE 10 - LEASE AND CONSTRUCTION AGREEMENTS
In June 1999, the District entered into a lease and construction agreement with Sprint Spectrum, L.P. (SSLP)
for an initial five-year term. The District agreed to allow SSLP to construct a certain communications tower on
a portion of the District's property. Upon completion of the construction of the tower, SSLP agreed to transfer
title to the tower and all related rights to the District. Upon title transfer, SSLP would lease such tower space to
maintain and operate at SSLP's sole expense a personal communication service system facility. In
consideration of this arrangement, the District agreed to charge an annual rent of $10,800. Such annual rent
was waived for the initial term and for four additional terms of five years each since SSLP paid for all
construction costs associated with construction of the tower.
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GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
1611
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30. 2005
NOTE 10 - LEASE AND CONSTRUCTION AGREEMENTS - Continued
In August 2000, the District entered into a lease agreement with Omnipoint Holdings, Inc., presently T-Mobile
USA, Inc.("T-Mobile"), for an initial five-year period. The District agreed to lease to T-Mobile tower antenna
space located at the Golden Gate Fire Station. As consideration for this arrangement, T-Mobile agreed to pay
the District annual rent of $22,800 plus applicable sales tax. This lease agreement has a renewable clause for
four additional terms of five-years each with certain defined annual rent adjustments. The rent was increased
20% during fiscal year 2005, resulting in a rental payment of $27,360, received by the District in August 2005.
In August 2000, the District entered into a lease and construction agreement with Verizon Wireless ("Verizon")
for an initial five-year term. The District agreed to lease to Verizon certain tower antenna space located at the
Golden Gate Fire Station. Pursuant to the agreement, Verizon agreed to pay to the District annual rent during
the initial five-year term of $16,800 plus applicable sales tax. As consideration separate from and in addition to
the mentioned annual rent, Verizon agreed to pay for the installation of VHF cabling in station 71 costing
$50,000, in lieu of installing a certain shelter, generator and antennas as defined in the original agreement. At
September 30, 2001, such installation had been completed. This lease agreement has a renewable clause for
four additional terms of five-years each with certain defined annual rent adjustments. The rent was increased
20% during fiscal year 2005, resulting in a rental payment of $20,160, received by the District in August 2005.
In August 2005, the District entered into a communications site lease agreement related to the communications
tower located at Golden Gate Fire Station # 71 with Alltel Communications for an initial five-year term. The
lessee is granted five additional five-year renewal terms following the initial five-year term. Pursuant to the
agreement, Alltel agreed to pay the District monthly rent totaling $2,500 plus applicable sales tax. The rent will
be increased each year thereafter by four percent. Alltel will pay all utility charges applicable to the tower.
In September 2005, the District entered into a communications site lease agreement related to the
communications tower located at Golden Gate Fire Station # 71 with Metro PCS for an initial five-year term.
The lessee is granted five additional five-year renewal terms following the initial five year term. Pursuant to the
agreement, Metro PCS agreed to pay the District monthly rent totaling $2,500 plus applicable sales tax. The
rent will be increased each year thereafter by four percent. Metro PCS will pay all utility charges applicable to
the tower.
NOTE 11 - PRIOR PERIOD ADJUSTMENT
As referred to above in Note 7, the District entered into a capital lease agreement with Leasing 2, Inc. for the
purchase of two fire trucks for $1,082,898 and related equipment totaling $185,000 for a total lease amount of
$1,267,898. Equipment received related to the capital lease totaled $168,747 rather than the originally agreed
upon $185,000. Consequently, the District's January 2005 lease payment was reduced by the $16,253
difference and totaled $187,990 rather than $202,243. As a result, a prior period adjustment was recorded to
reduce the capital lease obligation originally recorded at September 30, 2004 in compliance with GASB 34.
Such adjustment reduced the capital lease obligation from $1,102,910 to $1,086,657 with the adjustment
increasing beginning net assets at September 30, 2004.
- 27-
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
NOTES TO FINANCIAL STATEMENTS
1611
SEPTEMBER 30. 2005
NOTE 12 - CONSTRUCTION CONTRACT AND SUBSEQUENT EVENTS
In September 2003, the District entered into an agreement for the construction of Golden Gate Fire Station 73
and Administration Building with DeAngelis Diamond Construction, Inc. The contract sum totals $6,326,294
subject to additions and deductions as provided in the contract documents. The District had incurred certain
Station 73 legal and engineering expenditures prior to the execution of the aforementioned construction
contract. Station 73 expenditures disbursed prior to September 30, 2005 totaled $416,428. In addition,
subsequent to the fiscal year ended September 30, 2005, the District disbursed funds totaling $134,489
to the construction contractor related to Station 73 construction.
- 28-
1611
PART II. OTHER REPORTS
.
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INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL
OVER FINANCIAL REPORTING BASED ON AN AUDIT OF THE BASIC FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
December 21,2005
Board of Commissioners
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
Naples, Florida
We have audited the financial statements of the governmental activities and each fund of GOLDEN GATE
FIRE CONTROL AND RESCUE DISTRICT (the "District") as of and for the year ended September 30, 2005,
which comprise the District's basic financial statements and have issued our report thereon dated December
21,2005. We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the District's financial statements are free of material
misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and
grants, noncompliance with which could have a direct and material effect on the determination of financial
statement amounts. However, providing an opinion on compliance with those provisions was not an objective
of our audit, and, accordingly, we do not express such an opinion. The results of our tests disclosed no
instances of noncompliance at September 30, 2005 that are required to be reported under Government
Auditing Standards.
Internal Control Over Financial Reportina
In planning and performing our audit, we considered the District's internal control over financial reporting in
order to determine our auditing procedures for the purpose of expressing our opinion on the financial
statements and not to provide assurance on the internal control over financial reporting. Our consideration of
the internal control over financial reporting would not necessarily disclose all matters in the internal control over
financial reporting that might be material weaknesses. A material weakness is a reportable condition in which
the design or operation of one or more of the internal control components does not reduce to a relatively low
level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the
financial statements being audited may occur and not be detected within a timely period by employees in the
normal course of performing their assigned functions. We noted no matters involving the internal control over
financial reporting and its operation that we consider to be material weaknesses.
This report is intended solely for the information and use of the audit committee, commissioners, management
and Auditor General and is not intended to be and should not be used by anyone other than these specified
parties. IJ!LI.
~~,*i;.~~A
Certified PUbl~~1~ountants
Naples, Florida
- 29-
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MANAGEMENT LETTER - LOCAL GOVERNMENT ENTITIES
December 21,2005
Board of Commissioners
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
Naples, Florida
Commissioners:
We have audited the financial statements of the governmental activities and each fund of GOLDEN GATE
FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30,2005 which comprise
the District's basic financial statements and have issued our report thereon dated December 21, 2005.
We conducted our audit in accordance with United States generally accepted auditing standards and the
standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States. We have issued our Independent Auditor's Report on Compliance
and Internal Control over Financial Reporting. Disclosures in those reports, which are dated December 21,
2005, should be considered in conjunction with this management letter.
Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those
rules (Section 10.554(1 )(g)(1 )(a) require that we address in the management letter, if not already addressed in
the auditor's reports on compliance and internal controls or schedule of findings and questioned costs, whether
or not inaccuracies, shortages, defalcations, frauds, and/or violations of laws, rules, regulations, and
contractual provisions reported in the preceding annual financial audit report have been corrected. There were
no such disclosures in last year's annual financial audit report.
The Rules of the Auditor General (Section 10.554(1 )(g)(1 )(b) require that we address in the management
letter, if not already addressed in the auditor's report on compliance and internal controls or schedule of
findings and questioned costs, whether or not recommendations made in the preceding annual financial audit
report have been followed. The recommendation related to reconciling fixed assets has been followed.
As required by the Rules of the Auditor General (Section 10.554(1 )(g)(2), the scope of our audit included a
review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In
connection with our audit, we determined that GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
complied with Section 218.415, Florida Statutes.
The Rules of Auditor General (Section 10.554(1 )(g)(3) require that we address recommendations to improve
the local governmental entity's internal controls. There were no current year recommendations.
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1611
Board of Commissioners
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
December 21 , 2005
Page 2
The Rules of Auditor General (Section 10.554(1 )(g)(4) require disclosure in the management letter of the
following matters if not already addressed in the auditor's reports on compliance and internal controls or
schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions
that have occurred, or were likely to have occurred; (2) improper or illegal expenditures; (3) improper or
inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements);
(4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and
instances of fraud discovered by, or that come to the attention of, the auditor. Our audit did not disclose any
matters required to be disclosed.
As required by the Rule of the Auditor General (Section 10.554(1 )(g)(6)(a), the scope of our audit included a
review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In
connection with our audit, we determined that the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
is not in a state of financial emergency as a consequence of the conditions described in Section 218.503(1),
Florida Statutes.
As required by the Rules of the Auditor General (Section 10.554(1 )(g)(b), we determined that the annual
financial report for the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT for the fiscal year ended
September 30, 2005, filed with the Department of Banking and Finance pursuant to Section 218.32, Florida
Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2005.
As required by the Rules of the Auditor General (Sections 1 O.554(g)(6)(c) and 10.556), we applied financial
condition assessment procedures. It is management's responsibility to monitor the entity's financial condition,
and our financial condition assessment was based in part on representations made by management and the
review of financial information provided by same.
This report is intended solely for the information of the GOLDEN GATE FI RE CONTROL AND RESCUE
DISTRICT, the State of Florida Office of the Auditor General, the Florida Department of Banking and Finance,
~:1biZ~d t: ,krlh~~2:; ~;;y anyone other than these specified parties.
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Certified Public Accountants
Naples, Florida
- 31 -
1611
S-V"OI.lJMMlllutlIOIt M.s.7.1e.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
SUMMARY OF MINUTES & MOnONS
April 12, 2006
III. & IV. Agenda and Minutes were approved unanimously.
VI. Transportation Services Report
B. Effluent Water Project
Windham Studios was the low bidder at $2,238.
Victor Brittan moved to approve to hire Windham Studios for $2,238. Second
by Tom Finn. Carried unanimously 4-0.
C. FY07 Budget Approval
Figures were discussed.
Victor Brittan moved to approve the 2006-'07 Budget. Second by Tom Finn.
Carried unanimously 4-0.
VII. Old Business
A. Update on Consultant
Tom Finn moved to approve the Consultant expense of $29,696 and split it
equally with the CRA. Second by Victor Brittan. Carried unanimously 4-0.
B. Grant Funds
Maurice Gutierrez moved to direct staff to proceed with the RPF process to
obtain LAP funding for $60,000 in design and $160,000 in constRiction.
Second by Victor Brittan. Carried unanimously 4-0.
C. Summer Schedule
Dates for the summer schedule and possibly changing the date of their regular
meeting in all future meetings was discussed.
VIII. New Business
A. CRA Report
Tom Finn moved to repair brick pavers on Bayshore for an amount not to
exceed $2,000. Second by Maurice Gutierrez. Carried unanimously 4-0.
Fiala
Halas
Henning
Coyle
Coletta
J
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ij
Misc. Corres:
Date: 6.a2>.C{-:l
Item#:~
Copies to
BAYsAOItllJMMllIUIlIOH M.s.7 J(.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
May 10, 2006
Aaenda
I. CALL MEETING TO ORDER
II. ATTENDANCE:
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: April 12. 2006
V. LANDSCAPE MAINTENANCE REPORT:
A. Ground Zero - Aaron Gross
B. Update on Irrigation Clock - Darryl
VI. TRANSPORTATION SERVICES REPORT:
A. Budget - Tessie Sillery
B. Update on Effluent Water Project - Darryl
VII. OLD BUSINESS:
A. Gail Boonnan & Assoc. Report
B. Grant Funds
C. Banners & Banner Anns
D. Summer Schedule - Note change for June 7th meeting
VIII. NEW BUSINESS:
A. CRA Report
IX. PUBLIC COMMENTS:
X. ADJOURNMENT
The next meeting is Wednesday, June 7,2006,4:00 PM.
Collier County Transportation BuildinglEast Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
1611
1611
BavsAOI. BMMlpUJIIOlt M.s.,.Ie.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
April 12, 1006
Minutes
I. The meeting was called to order by Chairman Bill Neal at 4:00 PM.
II. ATTENDANCE:
Members: Bill Neal, Tom Finn, and Maurice Gutierrez. Victor Brittan, Raymond
Perrine- excused.
County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Rhonda
Lambert-Purchasing
Others: Aaron Gross-Ground Zero, David Jackson-CRA Director, Robert
Lockwood-Manpower Services
III. APPROVAL OF AGENDA
Tom Finn moved to approve the Agenda. Second by Maurice Gutierrez.
Carried unanimously 3-0.
IV. APPROVAL OF MINUTES: March 8, 2006
Tom Finn moved to approve the Minutes of March 8, 2006. Second by Maurice
Gutierrez. Carried unanimously 3-0.
(Victor Brittan arrived at 4:05 PM.)
V. LANDSCAPE MAINTENANCE REPORT:
A. Ground Zero - Aaron Gross
o There are some Irrigation issues on re-Iandscaped island.
o Drip zones on the south clock have been reset; the drip system is not
adequate when it is as dry as it has been.
o E.B. Simmonds put new poles in front of the fire station at Windstar and
broke some irrigation lines. These have been repaired and new mulch was
installed.
o There are dead plants north of Becca. Soil and plants will be replaced by
Ground Zero.
B. Update on Irrigation Clock - Darryl Richard
Darryl reported Roger Dick - Irrigation Project Manager is spearheading this
project.
The Committee approved $6,830 to renovate one irrigation clock, and last
meeting approved $5,425 for another. Purchase Orders have been issued to E.B.
Simmonds for both items.
VI. TRANSPORT A nON SERVICES REPORT:
A. FY 06 Budget Report - Tessie SiUery
1
1611
The FY06 Budget as of 4/12/06 (Attached) was distributed and highlights were
reviewed.
o Overall, Fund 160 contains $1,473,127.
o Revenue received to date is $728,890, which includes a recent county
insurance reimbursement for Hurricane Wilma of $47,860.
o Monthly invoices paid in April totaled $14,334.
B. Effluent Water Project - Darryl Richard
Darryl reported a consultant needs be hired to make recommendations on how to
upgrade the system to the current requirements for effluent.
Quotes for the project were reviewed. Darryl recommended using the low
bidder, of Windham Studios (Scott Windham) at $2,238.
It was agreed that the consultant would be given 60 days to complete its work.
Victor Brittan moved to hire Windham Studios for $2,238. Second by Tom
Finn. Carried unanimously 4-0.
C. FY07 Budget Approval- Darryl Richard and Tessie Sillery
The FY07 Budget (Attached) was distributed and reviewed.
o The Committee needs to approve items over which the Committee has
control: Operating Expenditures ($260,300), Improvements General
($1,574,852) and Reserves ($99,134).
o Specific line items were discussed and it was agreed to move $100,000 from
Improvements General to Other Contractuals ($80,000) and Landscape
Materials ($20,000).
Victor Brittan moved to approve the 2006-'07 Budget. Second by Tom Finn.
Carried unanimously 4-0.
VII. OLD BUSINESS:
A. Update on Consultant - Gail Boorman
Darryl Richard reported on the Consultant's work:
A Neighborhood Streetscape Improvement Workbook prepared by Gail Boorman
was distributed. The cost of the consultant's work is $29,695, and David Jackson
said the CRA will share this expense. It was agreed that the consultant would be
given 60 days to complete its work.
Tom Finn moved to approve the Consultant expense of $29,695 and split it
equally with the CRA. Second by Victor Britton. Carried unanimously 4-0.
B. Grant Funds - Darryl Richard
A Gail Boorman proposal for Bayshore Drive LAP features was distributed. The
cost ofthe proposed work is $30,505.
Bill Neal noted that three years ago the County agreed to give the M.ST.V.
$150,000 in 2006 to improve its bridge. The M.ST.V. borrowed the funds from
the County and improved the bridge in anticipation of receiving the grant. He
expressed his frustration with having to spend a large part of the grant now on a
consultant's work,
It was agreed that the consultant would be given 60 days to complete its work.
2'
1611
Maurice Gutierrez moved to direct staff to proceed with the RPF (Request
for Proposal) process to obtain LAP funding for $50,000 in design and
$150,000 in construction. Second by Victor Britton. Carried unanimously
4-0.
FDOT is requiring the County to adhere to new strict Federal and State
guidelines in contracting with Design Consultants and Contractors.
C. Banners & Banner Arms - Darryl Richard
The Committee authorized an amount not to exceed $10,000 for Banners &
Banner Anns.
Quotes were received from five companies ranging from $1,418.34 to $5,400.
Darryl recommended accepting the lowest bid which was made by Britten
Banners.
A sample Britten Banner was viewed and it was agreed that its quality was good.
D. Summer Schedule
Bill Neal proposed changing the following future meeting dates:
From To
06/14/06 06/07/06
08/09/06 08/02/06
09/13/06 09/06/06
10/11106 10/04/06
The May & July meetings will be as usual with the 2nd Wednesday of the month.
(May 10th & July 12th)
Committee members and County staff were asked to review these changes to
determine if they can attend the meetings on the new dates. After October it will be
discussed whether to continue their meetings the first Wednesday of each month.
VIII. NEW BUSINESS:
A. CRA Report - David Jackson
David discussed having members added to his CRA e-mail updates.
Tom Finn moved to repair brick pavers on Bayshore for an amount not to
exceed $2,000. Second by Maurice Gutierrez. Carried unanimously 4-0.
IX. PUBLIC COMMENTS: None
There being no further business to come before the Committee, the meeting was
adjourned by the Chairman at 5:45 PM.
The next meeting is Wednesday May 10,2006,4:00 PM
Collier County Transportation Building/East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
3
'\
I.
II.
III.
IV.
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
May 8, 2006, 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F"), Third Floor
AG~NDA ./
Fiala ~ /
Halas ~~
Roll Call Henning' .
Approval of Agenda g~r~~a /~ ~
Approval of April 1 0, 2006 Minutes
Guest Speaker- SFWMD
611
~,ECE\VED
'MAY n 2 2005
:~C')fn c~ Cl:dn\~ ':'ctYi;~";:ss~oners
V. Old Business:
A. Real Estate Services update on status of A-list properties
B. Contracts/Agreements
1. McBean (NGGE Unit 53 - 5 acres) (tentative)
2. Petisco (NGGE Unit 53 - 2.73 acres)
C. Ordinance and Policy Changes
1. 2002-63
2. Purchase Policy
D. BCC decision- Referendum 2006
VII. New Business
A. Cycle 4 application status
1. Kirby Application
B. Coordinator General Report
C. Outstanding Advisory Committee Member Program
VIII. Subcommittee meeting reports
A. Outreach - Tony Pires, Chair
B. Lands Evaluation and Management - Marco Espinar, Chair
C. Ordinance Policy and Procedures - Will Kriz, Chair
D. 2006 Referendum - Mimi Wolok, Chair Committee Member Comments
IX. Public General Comments
X. Staff Comments
XI. Adjournment
******************************************************************************************************
Committee Members: Please notify the Environmental Services Department
Administrative Assistant at 403-2424 no later than 5:00 p.m. on Mav 5. 2006 if yOU cannot
attend this meetinQ.
Misc. Corres:
Oate:6.~3.0(p
ltem#:~
Copies to
1611
COLLIER COUNTY
CITIZENS CORPS ADVISORY COMMITTEE
April 19, 2006
Voting Members Present:
Walter Jaskiewicz, Coast Guard Auxiliary, Chair
Reg Buxton, Greater Naples Chamber of Commerce
J ames Elson, Collier County Veterans Council
Gerry Sugarman, RSVP
Floyd Chapin, Community Emergency Response Volunteers
Russell Rainey, Community Emergency Response Team
Doug Porter, Naples Civil Air Patrol
Voting Members Absent:
Jerry Sanford, Collier County Fire Chiefs Association
Captain Alejandro Castillo, Salvation Army
Lt. Nancy Reed, Collier County Sheriff's Office
Deborah Horvath, American Red Cross
Non-Voting Member
Organizations Present:
Emergency Management
Meeting called to order at 3:00 p.m.
Pledge of Allegiance recited and roll call taken.
Approval of Minutes
Motion made to accept the minutes of the March 15, 2006 meeting made by Jim Elson and seconded by
Reg Buxton. Approved unanimously.
Threat Update
/
Fiala ~
Halas
Henning
Coyle
Coletta
No update - no Collier County Sheriff's Office representation.
New Business
Seminar Schedule
A request has been received from Prime Outlets for someone from the Citizen Corps to run a hurricane
training seminar for their merchants on Tuesday, May 30th at 8:30 a.m. The date is confirmed and Mary
Ann Cole will call Gwen Walker and let her know that Walt Jaskiewicz and Russ Rainey will present.
Will discuss further at our next meeting on May 17th.
On May 20th Walt and Jim von Rinteln will be in Fort Myers for a Coast Guard conference.
Copies of upcoming seminar schedule made for all. Mary Ann asked if there was any interest in
working at the Government Day this Friday, April 21st from 9 a.m. to 9 p.m. Emergency Management
will have a table. Walt may stop by.
Misc. Corres:
Pandemic Update Date:5.(~~. @Co
~o update -?o Health Depart~ent repre.sentation. However, Walt shared an arti~l~ he rea t at t e J- I/!i;
bIrd flu vaccme was only partIally effectIve. There are only enough doses for 4 mlltBmr#:people. far tol- .
Copies to:
1611
Collier County Citizens Corps Advisory Committee
April 19, 2006
Page 2
beyond the goal of 20 million people. Russ said he heard on the news just a half-hour ago that the CDC
set forth a news release that it is not a pandemic (bird to human) at this point.
Another news article that Walt shared was "Will my cable telephone work if my power goes out?" A lot
of people are using this. Per the article, people using Vontage need an uninterruptible power supply
(UPS) on their computer; Verizon says they have enough stand-by power to operate their stations for 2-3
days; and Comcast and Cox Communications have batteries that will last 4-8 hours.
Brush Fires Update
Update from Mary Ann - as of 2: 10 p.m. the Florida Sports Park fire is 90% contained with no known
deaths. There is an estimated 896 acreage loss. Forestry, Emergency Management, and various fire
districts are involved. With each hour, the containment has gone up by 10%, so they are on top of it.
Security
Gerry Sugarman brought up the security of Building F. Was this security routine or in response to an
issue? Per Reg Buxton, this was brought about by the Commissioners, not a particular incident. Walt
mentioned that there were no available spots in the Advisory Commission parking spaces.
Old Business
Town Hall Meeting
Letters have been sent out to some of the Commissioners from Walt. Per Mary Ann, there have been no
responses that she knows of, unless Jim von Rinteln has received answers.
Planning Commission Meeting
Per Mary Ann, the Planning Commission meeting is being held tomorrow, April 20th. It is marked down
as 8:30 a.m., and the Emergency Services Complex (ESC) is time-specific. She will check on the time
to be presented and send out an email to all Citizen Corps members, so that those who are able to attend
can do so. The ESC cannot be turned down at the meeting - it is being presented to them as a courtesy.
Next Meeting! Adiourn
Our next meeting will be held on May 17,2006 at 3 p.m., and will be held in the County
Commissioner's Board Room. As a note, the Citizen Corps will be meeting monthly throughout the
summer. Motion to adjourn meeting at 3:15 p.m. by Floyd Chapin and seconded by Reg Buxton.
Approved unanimously.
Minutes submitted by Mary Ann Cole.
FOR IMMEDIATE RELEASE:
Memorial Day Ceremony Honors
American Heroes
The Naples Community Welcomes a Missing Screaming Eagle
Home; Major General (Ret) Frederic J. Raymond to Speak
The thousands of service members who gave their lives to their
country will be remembered at a special ceremony on Memorial
Day (May 29) at the Naples Memorial Funeral Home & Cemetery.
The ceremony, which is presented by The Veterans Council of
Collier County, will begin at 9:30 a.m.
One hero in particular will be honored during this year's ceremony.
Sergeant William Dillender, a Naples High graduate, was missing in
action for 35 years after being killed in a Vietnam copter crash on
March 20, 1971.
11
Dillender was on a troop extraction mission in the Savannakhet Province of Laos with three other
servicemen from the Army's 101st Airborne Division when his helicopter was hit by heavy enemy
ground fire and exploded. Several excavation teams were employed over the span of a few decades,
and finally, in December 2005, the remains of Dillender and his three companions were found in the
jungles of Laos.
Major General Frederic J. Raymond, US Army (Ret.) Former Company Commander with the 101st
Airborne Division, and Former Deputy Commanding General, 1st US Army will give a special tribute to
Sergeant Dillender during the May 29 ceremony.
Other participants in the ceremony include the Barron Collier High School Symphonic Band, Collier
County Museum's "Soldiers of the Past', members of the Marine Corps League Ritual Team,
American Legion Post 135, Collier County Veterans Services Officers, and Barron Collier High School
Band Bagpipers.
The purpose of the annual Memorial Day Ceremony is to call attention to the extraordinary sacrifice
that so many made to preserve and protect this country's freedom and way of life.
"As our community grows, it is most important that our residents stop and acknowledge the sacrifice
that Naples' soldiers have given over the years," said US Army Captain (Ret.) Jim Elson, President of
the Collier County Veterans Council. "Our Memorial Day Ceremony gives proper honor due for
selfless service in the name of a timeless cause and on behalf of noble principles far greater than
oneself."
Photos and information on this and other Veterans Council events may be viewed online at:
www.NaplesBaV.com.
- 30 -
Florida Fires Donations Information
Page 1 of 2
1611
~ COLLIERCOUNTY EMERGENCY MANAGEMENT
Ii:..'
Hurricane Seminar Schedule - 2006
In an effort to provide a more efficient and effective means to transmit our disaster preparedness message for all
the hazards that would affect the residents of Collier County, the following schedule will be updated as we
receive the information. All sessions are open to the public.
TBA = To Be Announced
Updated: 14 April 2006
ALL PRESENT A TIONSARE FREE & OPEN TO THE PUBLIC
IDATEII LOCATION II TIME II COMMENTS - Seminar focus I
\APr 12\ Caxambas Park, Marco I 7pm I Hurricanes, Your Boat & You
Island (Sponsored by US Coast Guard Aux. Flotilla 95)
IAPr 141 HQ Library on Orange 12:30p~:30 I Emergency Plans - Where Do Children Fit In?
Blossom (Presented by the University Extension Office)
IAPr 18\ Golden Gate Community 6:30 - 7:30 Your Emergency Food and Water Supply
Center pm (Presented by the University Extension Office)
IAPr 21 Ilcoastland Mall 119 am - 9 pm I Collier Co. Government Days
(Emergency Management Department Participating)
IAPr 21 I HQ Library on Orange 2:30 - 3:30 Your Emergency Food and Water Supply
Blossom pm (presented by the University Extension Office)
IAPr 241 B When the Wind Blows - 4-H Hurricane Prep Teen
University Extensions Outreach Team
(Presented by the University Extension Office)
IAPr 2S\ Golden Gate Community 6:30 - 7:30 Trees & Shrub Selection: Wind Resistant Planting
Center pm (presented by the University Extension Office)
!APr 261 Caxambas Park, Marco I 7pm I Hurricanes, Your Boat & You
Island (Sponsored by US Coast Guard Aux. Flotilla 95)
IAPr 281 HQ Library on Orange 2:30 - 3:30 Trees & Shrub Selection: Wind Resistant Planting
Blossom pm (Presented by the University Extension Office)
!MaY21 Golden Gate Community 6:30 - 7:30 The 3 R's of Readiness Preparing Your Home
Center pm (presented by the University Extension Office)
IMaY41 16'30 -7,30 I Hurricane Seminar
Naples High School (presented by Collier County Emergency Management
pm Department)
IMaysl HQ Library on Orange 12:30-3:30pm! The 3 R's of Readiness Preparing Your Home
Blossom (Presented by the University Extension Office)
IMaY91 Golden Gate Community 6:30 -7:30 VIPs - Very Important Papers
Center pm (presented by the University Extension Office)
IMa 121 HQ Library on Orange 12:30-3:30pm! Very Important Papers
y Blossom (presented by the University Extension Office)
http://www.collierem.org/SeminarCalendar.htm
4/19/2006
Florida Fires Donations Information
English/Spanish Hunicane Expo by University
Extension @ University Extension, Free and Open to
the General Public "A one day expo which will
include presentations by university and local
emergency management leaders with exhibits
May 13 Cooperative Extension 4-H 9am - 2pm highlighting training workshops on home
preparedness, pet and animal disaster management.
The Expo will provide an opportunity for attendees to
network with emergency management" (Presented by the
University Extension Office, w/Emergency Management
Department participating)
IMay 17/ILeIY High School 116:3~~:30 I Hurricane Seminar
(presented by Collier County Emergency Management
Department)
IMay 27/ Lowes Home Improvement 193m -2pm I Hurricane Readiness Fair wlMark Sudduth
- Airport Pulling (Hurricane Chaser)
(CC Emergency Management Department participating)
IJun 2911Philharmonic 117:0~::30 I Hurricane Seminar wlWINK
(CC Emergency Management Department participating)
ITBA IIMarco Island I Hurricane Seminar wlWINK & Marco Island Fire
Dept.
(CC Emergency Management Department participating)
TBA /TBA I Hurricane Seminar (Spanish) - Emergency
for
May Management & D'Latinos
TBA Lowes Heros Senior Day - 81 I
for
June . East Naples CmtyPark
TBA /TBA I Hurricane Seminar (Spanish) - Emergency
for
June Management & D'Latinos
Page 2 of 2
1611 ~.
For more information, contact:
COLLIER COUNTY EMERGENCY MANAGEMENT
3301 East Tamiami Trail, Bldg F, Suite 103
Naples, Florida 34112
(239) 774-8000
Board of County Commissioners
Bureau of Emergency Services
Collier County, Florida
@ 2006, Board of County Commissioners of Collier County, Florida
http://www.collierem.org/SeminarCalendar.htm
4/19/2006
Collier County Government
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
Contact: Sandra Arnold-Lawson
Public Information Coordinator
(239) 774-8308
April 3, 2006
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE MEETING
COLLIER COUNTY, FLORIDA
WEDNESDAY, APRIL 19,2006
3 p.m.
The Collier County Citizen Corps Advisory Committee will meet Wednesday, April 19 at 3 p.rn. in the
Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building,
Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples.
In regard to the public meeting:
All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in
writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be
limited to three minutes unless permission for additional time is granted by the chairman.
Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board
will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board
or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380,
at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in
the Board of County Commissioners Office.
For more information, call Jim von Rinteln at 774-8000.
- End-
-,.._-;"...-------~
1611
Citizen Corps Advisory Committee
Agenda April 19, 2006
3:00
Pledge of Allegiance
-Opening Remarks
-Roll Call
Chairman
Sheriff's Office CERV
USCGA Red Cross
Chamber of Commerce
Fire Chiefs CERT CAP
Veterans Council RSVP Salvation Army
EMS EM
City of Naples
Cleveland Clinic
Health Dept
Everglades City
NCH
Medical Examiner City of Marco Island
Neighborhood Watch
3:05 Approval of Minutes Chairman
3:10 Threat Update L TReed
3:30 New Business Chairman
. Pandemic Update Judy Nuland
. Seminar Schedule Jaime Sarbaugh
3:35 Old Business Chairman
. Town Hall Meeting Chairman
. Planning Comm Mtg Jaime Sarbaugh
4:00
Next Meeting/Adjourn
(May 17th)
Chairman
1611
ColeMaryAnn
From:
Sent:
To:
Cc:
Subject:
filson_s
Wednesday, April 05, 2006 1:10PM
DL -Advisory/BCCStaffLiaisons
camp_s; SheffieldMichael
FW: Advisory Board Parking
Liaisons, for those of you that have your committee meetings in Building F on the main
campus, Facilities has arranged for 9 parking spaces for the committee members {please
read Skip's message below). Please make your committee members aware of this parking for
their convenience.
Thank you.
Sue Filson
RESOLUTION NO. 2006-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO ADOPT A FORMAL POLICY
ESTABLISHING GUIDELINES FOR RECEIVING RECOMMEN-
DATIONS FOR APPOINTMENT AND REAPPOINTMENT OF
MEMBERS TO ADVISORY COMMITTEES; AND TO SUPERSEDE
RESOLUTION NO. 94-136.
WHEREAS, on March 1, 1994, the Board of County Commissioners adopted
Resolution No. 94-136 to provide guidelines and procedures for appointing and
reappointing members to advisory committees; and
WHEREAS, on December 13, 2005, the Board of County Commissioners requested
revisions to these guidelines to assure they are receiving the best qualified candidates
for appointment as recommended by their advisory committees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNIY
COMMISSIONERS OF COLUER COUNTY, FLORIDA, that the guidelines set forth below
are hereby established for the Board of County Commissioners ("Board") for receipt and
acceptance of recommendations from the various advisory committees.
1. Advisory committees shall be ailocated 41 days after notification from the
Board's office to submit in writing their recommendations to the Board for the
appointment or reappointment of members. If an advisory committee cannot achieve a
quorum within the 41-day time period referenced above, upon submission of notice to
the Board the deadline for submission of recommendations by the advisory committee
may be extended by the Board's coordinator to all advisory committees. All quasi-
judicial advisory committees are exempt from the requirements of providing
recommendations for appointments or reappointments to the Board but shall adhere to
the guidelines contained in paragraphs 2 and 4, where such guidelines are applicable to
all committees.
2. During this time period, the County staff liaison for each advisory committee
shall initially review the categories of applicants in areas of expertise to assure that the
applicants possess the minimum requirements for the positions they are seeking. Non-
quasi-judicial advisory committees may interview such applicants at a scheduled public
meeting.
3. Except where a non-quasi-judicial advisory committee is unable to reach a
quorum, all non-quasi judicial advisory committees shall consider all applicants and shall
detenmine by a majority vote of the quorum which applicant(s) meets the prerequisites
for appointment or reappointment to such committee.
4. The liaison for an advisory committee shall provide the Board with attendance
records of all applicants seeking reappointment to such committee.
1611
BE IT FURTHER RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS that
this Resolution supersedes Resolution No. 94-136 in its entirety.
This Resolution adopted after motion, second and majority vote.
DATED: March 28, 2006
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN1Y, FLORIDA
By:
FRANK HALAS, Chairman
Deputy Cierk
Approved as to form and
legal sufficiency:
~~,~d,
David C. Weigei
County Attorney
----- ...
1611" tt
COLLIER COUNTY LIBRARY ADVISORY BOARD
Wednesday, April 26, 2006 - 2:00 p.m.
Headquarters Library
AGENDA
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16 IT"
Call to order
Approval of Minutes
Literacy Program Report
Communications
a - Written
b - Personal
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Henning
Coyle
Coletta
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Report of Officers
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Unfmished Business
1. Employee of the Month - April
2. Golden Gate Library Construction
3. South Regional Library
4. Automation
5. Wireless Internet
6. Re-schedule May's Meeting Date
New Business
General Considerations
Misc. Corres:
Director's Report
Date: '5;,~:s. 00
Item#:-'~
CI""<S to
Report of the Friends
Adjournment
1611
Naples, Florida, March 29, 2006
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in
regular session at 3:00 p.m. in the Main Library with the following members present:
CHAIR: Doris J. Lewis
VICE-CHAIR: Sabina Musci
Loretta Murray
Andrew Reiss
Karen Louwsma
ALSO PRESENT: Marilyn Matthes, Library Director
Luz Pietri, Administrative Assistant
APPROVAL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of January 26, 2006.
(February's meeting had been cancelled). There being none, Ms. Musci moved, seconded
by Mr. Reiss and carried unanimously, that the minutes be approved as submitted.
LITERACY PROGRAM REPORT - None
REPORTS OF OFFICERS - None
COMMUNICA TrONS - None
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library's Employee
of the Month. Ms. Musci moved, seconded by Mr. Reiss and carried unanimously, to
select Nora Brunsman, Library Page at the Naples Branch, as Employee of the Month for
February 2006. Ms. Musci moved, seconded by Mrs. Louwsma and carried
unanimously, to select Kara Godwin, Library Assistant at the HQ Library, as Employee
of the Month for March 2006.
In reference to the Golden Gate Library Branch construction, Mrs. Matthes reported that
at the last construction meeting, some people were unhappy with the design, so a decision
was made to start again from square one. The Chairman of the Board, Mrs. Lewis,
suggested that a letter be sent to the Commissioners to remind them that the Library
stands to loose the $500,000 grant from the State if deadlines are not met.
In reference to the South Regional Library, Mrs. Matthes reported that some members of
the public were disappointed with the design of this building. They preferred an 'Old
Key West Florida' style of building, versus a modem looking one. Mrs. Matthes also
stated that the Library has applied for a $500,000 grant for this building.
1611
In reference to the Automation process, Mrs. Matthes stated that May 2nd is the 'go live'
date for the new system. Training has been going on and is going well. The Library will
be closed on May 1st for the annual 'Library Staff Training Day'.
Mrs. Matthes also stated that wireless internet service is now available at the Naples
Branch and it should also be available in the rest ofthe libraries soon.
The Everglades City Library is scheduled to re-open on April 3, 2006.
NEW BUSINESS - None
GENERAL CONSIDERATIONS - None
DIRECTOR'S REPORT
Mrs. Matthes stated that the staff is now working on the budget for 2007. The County
has a new software program for this purpose and the staff is now in the process of
learning it. The Library is asking for 10 new positions for the South Regional Library,
one of which will be a Children's Librarian, who will be the first hired. The rest ofthe
positions will be filled by August of2007.
REPORT OF THE FRIENDS - None
ADJOURNMENT
There being no further business to come before the Library Advisory Board, Ms. Musci
moved, seconded by Mr. Reiss and carried unanimously, that the meeting be adjourned.
Time: 3:55 p.m.
"
16' 1
AGENDA
Golden Gate Community Center Advisory Committee
April 24, 2006
6:00 pm
Golden Gate Community Center
I. Call to Order
II. Approval of April 3. 2006 Meetina Minutes
III. New Business
A. 2007 Budget for Fund 130 - Ellen Barkin
IV. Old Business
A. April/May Events - Ellen Barkin
B. Summer Camp Update - Ellen Barkin
V. Informational Items
Monthly Report ';' ....-.~
VI. Members Additions and Comments
/
Fiala ~
Halas '
Henning
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Misc. Corres:
Date: 5.,;;3 -C{{)
Item #: Ilt_I J eD
Copies to:
GOLDEN GATE COMMUNITY CENTER
ADVISORY BOARD MEETING
Golden Gate Community Center - 6:00 pm
April 24, 2006
1611
Board Members
Present: Ernie Bretzmann, Chairman
Vicki Clavelo, Vice-Chair Person
Kaydee Tuff
Bill Arthur
Jim Klug
Staff: Ellen Barkin, Community Center Supervisor
Tona Nelson, Sr. Administrative Assistant
Shari Ferguson, Regional Manager
I. Call to Order at 6:05 pm
II. Minutes of April 3, 2006 meeting approved. Motion made by Vicki
Clavelo, seconded by Jim Klug and passed unanimously. (4-0)
III. New Business
A. 2007 Budget for Fund 130 - Ellen Barkin
Ellen Barkin provided a handout on the proposed 2007 budget for the
Golden Gate Community Center. The handout included a summary of the
proposed 2007 budget and budget highlights for FY 2007. Shari Ferguson
provided a line item breakdown of the proposed 2007 budget. There was a
discussion between Board members and staff concerning the maintenance
portion of the budget. Ellen Barkin discussed the proposed capital projects
in the 2007 budget, which include fencing around the field, outdoor movie
system and improvements to the Skate Park. Ernie Bretzmann advised all
Board members to take the budget information home and review it and be
prepared to discuss it at the next meeting in June.
IV. Old Business
A. April/May Events - Ellen Barkin
Ellen Barkin provided Board members with a handout for the April events
and the upcoming events planned for May. The handouts included events
for both adult and youth planned functions. Ellen Barkin gave a brief
update on the Latin Family Festival. Ellen Barkin gave an update on the
BMX track and the BMX races. Bill Arthur suggested that Ellen Barkin use
the marquee to advertise the BMX races. Ellen explained to the Board her
plan for future advertising of the BMX track and races.
1
1611
B. Summer Camp Update
Ellen Barkin provided the Board members with the current registration
statistics. The number of registrations is down from last year but she feels
that by the start of camp on June 5, 2006 that the number of registrations
will be on track with current year projections.
V. Information Items
A. Monthly Report YTD
Ellen Barkin explained that she was unable to provide the Board members
with the monthly report until the end of the month. She advised all
members that she would send it to them for review around the beginning of
May.
VI. Members Additions and Comments
1. Jim Klug asked for an update from Ellen Barkin about her move to the
taxing district. Ellen explained that she is preparing for the move and
will keep the Board members up to date on this issue.
2. Kaydee Tuff inquired about the level of maintenance required to keep
the community center neat and clean. She feels that the entrance to
the building needs more attention. Ellen Barkin will look into the issue
and give direction to the maintenance staff.
3. Shari Ferguson updated the Board members on the landscaping
project for the community center and recreation areas. This project will
begin around mid-May. The project manager needs rain for this
project to be successful. The project will be completed before summer
camp begins.
4. Bill Arthur asked that the marquee in front of the Community Center be
used to advertise the BMX races.
***Meeting adjourned at 7:05 p.m. The next meeting is at Golden Gate
Community Center on June 5.2006, at 6:00 pm.***
2
16' 1
AGENDA
Parks and Recreation Advisory Board
April 19, 2006
2:00 pm
Golden Gate Community Center
I. Call to Order
II. Pledae of Alleqiance and Invocation
III. Approval of March 15. 2006 Meetina Minutes
IV. New Business
A. Budget Request from the City of Everglades - City Representatives
B. Recognition of Joe Overbeck - John Ribes
C. Discussion of the Toll Brothers DRI - Future Park - Marla Ramsey
D. No-Smoking on the Beach Article- Murdo Smith
V. Old Business
A. Immokalee Airport Lease - Murdo Smith
B. City of Naples Letter - Fleischmann Park Improvements - Marla Ramsey
C. Update on Caribbean Gardens - Amanda Townsend
VI. Informational Items
A. Capital Projects B. Financial Report
C. Recreation Activities D. BCC Recaps
E. Meeting Schedule F. Attendance Report
G Adopt A Park Assignments
VII. Adopt - A - Park - John MacDougall
Fiala V / ~
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Henning
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"MISc. Corre!;:
Date: 5 a'~. CfL;
ltem#:~
Copies to
1611
PARKS AND RECREATION ADVISORY BOARD MEETING
Golden Gate Community Center - 2:00 pm
April 19, 2006
Board Members
Present:
Frank Donohue
Timothy Toole
Skip Riffle
John MacDougall
Absent:
John Ribes, Chairman
Ski Olesky, Vice-Chairman
Staff:
Marla Ramsey, Public Services Administrator
Murdo Smith, Beach and Water Regional Manager
Ray Carter, Operations Manager
Amanda Townsend, Operations Analyst
Tona Nelson, Sr. Administrative Assistant
Guest:
David Lykins, Community Services Director, City of Naples
Michael Leslie, Community Services Assistant Director, City of Naples
Motion: In the absence of the Chairman and Vice-Chairman, Tim Toole made a
motion for Frank Donohue to be Temporary Chairman for the April 19, 2006
meeting, motion seconded by John MacDougall. Motion passed unanimously
4-0.
I. Meeting Called to Order at 2:10 pm by Frank Donohue
II. Pledge of Allegiance/Invocation
After the invocation, Frank Donohue asked for a moment to recognize and pay
tribute to Joe Overbeck, an Advisory Board Member that passed away on Apri/11,
2006.
III. Minutes of March 15,2006 meeting approved with one correction; to show Skip
Riffle in attendance at the March 15,2006 meeting. Motion: To approve the
minutes from March 15, 2006 made by Tim Toole, seconded by John
MacDougall. Motion passed unanimously. (4-0)
IV. New Business
A. City of Naples - Request for Improvement to Fleischmann Park
Do to time constraints and professional commitments, this item was moved from 5. B.
on the agenda to 4.A.
.0-
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1611'.
David Lykins, Community Services Director for the City of Naples asked to speak on
behalf of the City of Naples concerning a funding request for improvements to
Fleischmann Park. This is the third request for funding in the amount of $6,100,500.
Frank Donohue asked where the funding would come from since there is no budget.
Marla Ramsey explained that the funding would come out of Ad Valorum. Frank
asked if there was any kind of precedence for funding these types of requests.
Marla Ramsey gave a brief history of previous request and answered questions from
the Board members. There was a brief discussion between David Lykins and the
Board members.
Motion: By Skip Riffle to table the recommendation and approval of this
request to the next meeting in May when all Board members will be in
attendance. Motion seconded by Tim Toole. Motion passed unanimously.
(4-0 )
B. Recognition of Joe Overbeck - Frank Donohue
Recognition and tribute; after invocation.
C. Budget Request from the City of Everglades City - Murdo Smith
This item was moved from 4.A. on the agenda to 4. C. City Representatives did not
attend the meeting as scheduled. Murdo Smith gave a brief update on the request
from Everglades City. After a discussion between staff and Board members, it was
decided that the representative from Everglades City need to provide additional
information.
Motion: John MacDougall made a motion to table the request and ask the City
to attend the next meeting and define hurricane damage, wear/tear of
equipment and reimbursement of invoices and insurance coverage. Motion
seconded by Tim Toole. Motion passed unanimously 4-0.
D. Discussion of the Toll Brothers DRI - Future Park - Marla Ramsey
Marla Ramsey explained to the Board members about the need to relocate the
model airplane flying club. The current location is not working out so she is trying to
acquire 30 acres of land in this DRI off of Rattlesnake Hammock Road to relocate
the flying club. Maps of this area were provided for review by Board members.
There was a discussion Board members and staff regarding the acquisition of this
property .
Motion: Skip Riffle made a motion requesting the name of this park by named
after Joe Overbeck, should the county acquire the land. Motion seconded by
Tim Toole. Motion passed unanimously 4-0.
Motion: Tim Toole made a motion to approve staff to pursue the acquisition of
these 30 acres for a new park. Motion seconded by Skip Riffle. Motion passed
unanimously 4-0.
....
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2
1611
E. No Smoking on the Beach Article - Murdo Smith
This article contained information on how another state handled banning smoking on
the beaches. There was a discussion between Board members and staff. John
MacDougall directed staff to research this issue and return with information and
options on how to proceed with a ban on smoking on the beaches in Collier County.
Murdo Smith and staff will begin the process and return at a later date.
V. Old Business
A. Immokalee Airport Lease - Murdo Smith
The lease is a (20) year lease with an option for the Airport Authority to review the
lease every (5) years for compliance of the user fee required of Collier County.
Marla Ramsey explained that staff will have to document all improvements made to
the park so they equal the yearly fee.
Motion: John MacDougall made a motion to approve the Immokalee Airport
Lease and make the appropriate recommendation to the BCC. Motion
seconded by Skip Riffle. Motion passed unanimously 4-0.
B. City of Naples Request for Improvement to Fleischmann Park
Do to time constraints and professional commitments, this item was moved from 5.B.
on the agenda to 4.A.
C. Update on Caribbean Gardens - Amanda Townsend
Amanda Townsend gave an updated presentation to the Board members and staff
on the continuing process by Collier County to develop a portion of this property into
a County park. The timeline on the grant filing is May 9,2006 and timeline on the
start of construction is September 2006. She will report back to the Board when the
grant has been approved with the dollar amount that was approved.
VI. Information Items
The Board members reviewed the material included in the packet.
VI. Adopt A Park - John MacDouaall
John MacDougall gave a brief update on Clam Pass, Veterans Community Park and
Vanderbilt Beach.
***Meeting adjourned at 3:50 p.m. The next meeting is at Golden Gate Community
Center on May 17, 2006 ***
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AGENDA
L,UfJlt;;:, lV,
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 4, 2006, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE A V AILABLE FOR 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 VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. AFPROV AL OF MINUTES - MARCH 30, 2006 REGULAR MEETING (EAR)
6. BCC REPORT- RECAPS-APRIL 11,2006, REGULAR MEETING, APRIL 17,2006 SPECIAL MEETING, APRIL 19,
2006 SPECIAL MEETING Misc, Corres:
8. ADVERTISED PUBLIC HEARINGS
F," ,.\ .
Date: J ~'~ "' 0 (L;
'tem#:Jlo T 187
7. CHAIRMAN'S REPORT
Copies to:
A. Petition: CU-2005-AR-7181, Basil Street Partners, LLC, represented by George Varnadoe, Esquire of
Cheffy, Passidomo, Wilson & Johnson, are requesting a conditional use allowed per LDC Section 2.04.03 of
the "A" Agricultural zoning district to provide a passive recreational facility, consisting of an elevated
screened and covered pavilion, screened deck, and restrooms with showers, which will serve as an amenity
and provide beach access for owners and residents of the Naples Bay Resort projects. The Passive
Recreational Facility will be constructed on two lots on Keewaydin Island. The subject properties, consisting
of 4.32 acres, are located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range
25 East. (Coordinator: Carolina Valera)
1
16'1~f
.
B. Petition: PE-2006-AR-9076, Sorbara Company, represented by Gianni Valle, of Naples Drafting and
Design, is requesting a parking exemption to allow a maximum often (10) off-site l;l!rrking on a lot that is not
commercially zoned, pursuant to the LDC Section 4.05.02.K.3. The site involves 3 C-4-10ts zoned and 1
contiguous lot zoned RSF-4. The subject property, consisting of 0.62:1: acres, is located at 923 Rosemary
Lane, Rosemary Heights Subdivision, Lots 8,10 & 12, in Section 22, Township 49 South, Range 25 East,
Collier County, Florida. (Coordinator: Carolina Valera)
C. Petition: RZ-2005-AR-8039, SJC Whippoorwill, LLC, represented by Gary Butler of Butler Engineering, Inc.
and Brian Mansour, requesting a rezone from the Agricultural (A) zoning district to the Residential Multi-
Family-6 (RMF-6) zoning district for a project known as Cayo Whippoorwill. The subject property,
consisting of IO acres, is located at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge
Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Kay
Deselem)
D. Petition: PUDA-2005-AR-7858, Abaco Bay Development, LLC represented by Clay Brooker, Cheffy
Passidomo Wilson and Johnson, LLP and Laura Spurgeon of Johnson Engineering, Inc., requesting an
amendment to the Pine brook Lake RPUD to remove references to rental units, low cost provisions, and
lease standards, and to update the ownership to reflect the new owner, Abaco Bay Development, LLC. The
property, consisting of9.94 acres, is located at 4635 Bayshore Drive, further described as Lot 104 of Naples
Grove and Truck Company's Little Farms No.2, in Section 14, Township 50 South, Range 26 East, Collier
County, Florida. ( Coordinator: Kay Deselem)
E. Petition: PUDZ-A-2005-AR-8918, Elias Brothers Communities at Palermo Cove, Inc., represented by D.
Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting an amendment to the Palermo
Cove RPUD. The proposed change to the RPUD, adds multi-family dwelling units as a permitted use. Table
I in the residential section of the RPUD document has been revised to reflect appropriate development
standards for the multi-family dwelling units. The subject property, consisting of 131 acres, is located north
of Wolfe Road, east of County Road 951, in Section 34, Township 48 South, Range 26 East, Collier
County, Florida. (Coordinator: Michael J. DeRuntz)
F. Petition: PUDZ-2005-AR-8126, Rock Creek Holdings, LLC, represented by R. Bruce Anderson, of Roetzel
& Andress, LP A and Bruce Tyson, of WilsonMiller, Inc., requesting a rezone from the C-4 (Commercial) and
RMF-6 (Residential) zoning districts to the Residential Planned Unit Development (RPUD) zoning district to
allow development of a maximum of 120 multi-family residential dwelling units, to include a maximum of 24
or 20 percent of the total dwelling units as workforce housing units for a project known as Meridian Village
RPUD. The subject property, consisting of I 1.68 acres, is located on the northwest corner of the
intersection of Airport-Pulling Road and Estey Avenue, in Section 2, Township 50 South, Range 25 East,
Collier County, Florida. (Coordinator: Kay Deselem)
G. Petition: PUDZ-2005-AR-8901, Habitat for Humanity of Collier County, Inc., represented by Laura
Spurgeon, of Johnson Engineering, requesting a PUD Rezone of approximately 26.85 acres from the Rural
Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district with an
Affordable Housing Density Bonus. The project is to be known as Liberty Landing, and is intended to
provide 162 affordable housing units in Immokalee. The subject property is located in the north half of
Section 3 I, Township 46 South, Range 29 East, Collier County, Florida. (Coordinator: Heidi Williams)
9. OLD BUSINESS
10. NEW BUSINESS
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
5-11-06/CCPC Agenda/RB/hr
2
March 30, 2006
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida March 30, 2006
1611
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 of the Government Complex, East Naples, Florida, with the following members present:
CHAIRMAN:
Mark Strain
Lindy Adelstein
Donna Reed Caron
Paul Midney
Robert Murray
Brad Schiffer
Russell Tuff
Tor Kolflat
Robert Vigliotti (Absent)
ALSO PRESENT:
Randy Cohen, Comprehensive Planning Dept. Director
Marjorie Student-Stirling, Assistant County Attorney
Don Scott, Transportation Planning
David Weeks, Comprehensive Planning Department
CHAIRMAN STRAIN: Okay, it's 8:30. Would you all please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison)
CHAIRMAN STRAIN: Thank you. Good morning. This is the continuation of the EAR
amendment process. I think the last meeting was about two weeks ago where we continued it to today.
Today's meeting is to review the staff corrections and comments that we had produced over the last
three or four meetings that we had on this matter.
Out of expediency for this board today and everybody involved, I'd like to request that if there's new
information, that's fine, but let's try to move through the review a little quicker than we have, because we've
really spent three days going through line by line. Maybe now with just the changes that have occurred, we
can move forward and finish this off.
I'd also like to remind each of one of the panel members, I'm looking at Mr. Tuff, when you speak,
please speak slowly enough for the court reporter to be able to take your messages or your comments. Do
not talk over others that are speaking, if you don't mind, and please wait to be recognized before you speak.
Now, with all that being said, today's agenda is going to go in the order that's in the book, because
hopefully, like I said, we won't be dwelling on each issue for any length of time. The only exception will
be that we need to hear the Immokalee part of the book before 10:30, and I would assume before 10:00 to
at least give us some time to wade through it.
The reason for that is Mr. Midney is here today. He drove all the way in from Immokalee for this
Page 1
March 3J, 90J 1
meeting but he has to drive all the way back out there at 10:30 for another meeting. So we certainly want
his input to finish off the Immokalee element. And I've asked staff to locate Michelle Mosca so that she
can be here to provide her input in regards to the Immokalee portion of it.
Okay? So other than that, we will take the book in order this morning.
And the first item in order is the capital improvement element. And I notice Mr. Weeks isn't here.
Is that because he's tied up in traff -- oh, he just showed up. Good. He's the guru of all this stuff, so give
him a minute to get organized.
MR. WEEKS: Good morning, Commissioners. My apologies.
CHAIRMAN STRAIN: David, I bet it was the traffic. And Mr. Scott is here, so he can make sure
that he records that, so --
Okay, with the board's concurrence, I would like to just go through these, read the pages off more
quickly than we have in the past. I'm assuming we've all done our homework and read this document. So
with that in mind, when we get to a page that you'd like to comment on for staff changes, just raise your
hand, let me know.
We're in the capital improvements element, we're on Page 1.
(No response)
CHAIRMAN STRAIN: Page 2. Mr. Schiffer?
COMMISSIONER SCHIFFER: I think first thing in the red paragraph, the new paragraph we've
had, I think that would be easier to read if you actually reformatted the paragraph so that the parentheses
one is a separate paragraph than parentheses two is.
I think I read through that, but it was a really difficult thing. Much like -- and that's a typically a
code format anyway, that any subsection you'd break down is a separate paragraph. Anybody looking at
me?
CHAIRMAN STRAIN: I'm listening to you. I'm just waiting for David to kind of get organized
enough to comment on that.
COMMISSIONER CARON: And you might want to repeat that.
CHAIRMAN STRAIN: What he's asking, David, is that on Page 2 ofthe capital improvement
element, there's a paragraph B.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: And the parentheses are one, two and three within the paragraph,
especially in the red type you added. He's suggesting that one be set aside as a subparagraph to the main
paragraph and two and three to be subparagraphs. For clarity.
Is that something that reformatting would be a problem with staff, or is that okay?
MR. WEEKS: I would agree with that. Look over on page three and see the same type of a
breakout.
COMMISSIONER SCHIFFER: Right. I think you're going to have to be careful because you're
going to have parentheses one through three, then you're going to have one through three, so you're going to
have to do some kicking around of the numbers.
The other question on that paragraph is weighted. Is that defmed anywhere in the GMP, what the
word weighted means? I know we have a formula. Is that a standard formula?
MR. WEEKS: Actually, not that I'm aware of.
MR. COHEN: Excuse me. It's not defined in the GMP. We use it in the AUIR. And right now, as
David could attest to, it's based on, you know, four months of the peak population and eight months of
permanent. And one of the things we're doing this year is actually taking a look at weighted again with
respect to whether or not that figure's actually accurate.
So putting it in the GMP, if we put a definition in there, would tie us to it if we did four months and
Page 2
March 3126011
eight months. And we'd rather, if it's possible, leave it out of there and keep it in the AUIR, as it's currently
done, and use that particular methodology. But it's not in the GMP right now.
CHAIRMAN STRAIN: Isn't the AUIR brought into the GMP by reference?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: I see a reference many times. So would that in essence bring in whatever
de[mition in the AUIR is utilized? Although it's not a clear way to find it.
COMMISSIONER SCHIFFER: Well, I think if that's true, then why don't we put weighted,
parentheses as defined in the AUIR. Because the users ofthis book, you don't want them hunting around
looking for that. If there's a place they can go, let them go.
CHAIRMAN STRAIN: That helps. Does that work with you?
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. Acknowledgement.
MR. WEEKS: Mr. Chairman, if! may, I'll just take it -- just generally, when we make reference to
the peak population, we'll provide a similar reference to the AUIR, because likewise it is not defined in the
GMP.
CHAIRMAN STRAIN: I think that would be a good idea.
Thank you, Mr. Schiffer.
Page 3?
(No response)
CHAIRMAN STRAIN: Page 4?
(No response)
CHAIRMAN STRAIN: Page 5?
(No response)
CHAIRMAN STRAIN: Page 6?
(No response)
CHAIRMAN STRAIN: Page 7?
I have one comment on Page 7, Policy 2.2. You have some underlined language, I know it's not
new, in regards to the last time. It's something I picked up when rereading it.
It starts, but only as a last funding alternative where impact fees are insufficient to pay for the cost
of facilities attributed to future development.
I'm wondering if after the word impact fees, and you could input in parentheses, and other sources
of revenue. And what I'm worried about there is that we do have other sources of revenue for some of the
facilities, like gas taxes and things like that. So I wouldn't want to limit the only other alternative source of
revenue to be impact fees.
Is that appropriate, David?
MR. WEEKS: Seems all right with me.
Randy, do you have a comment on that?
MR. COHEN: I think because of the way we do our transportation impact fees, it's probably
appropriate to do that.
CHAIRMAN STRAIN: Because we do show gas tax and other stuff.
MR. COHEN: Right.
CHAIRMAN STRAIN: Okay. Anybody have any objection to that?
(No response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
Page 3
1611
March 30, 2006
Page 9, at 3.2 it talks about the coastal-- the calculated need for public facilities, as represented in
the AUIR in the five-year scheduled capital improvements, and it says will be based on the county's
adopted level of service standards.
Shouldn't that reference those -- the CIE? As found in the CIE? Or is there another -- I'mjust
wondering where someone would have to go to find those -- that's kind of like Brad's question about
definitions.
If you want to know what the adopted level of service standard is in the county, is this the document
that's supposed to dictate that and set that?
MR. WEEKS: Yes. And in this case, we are in the CIE, which is the very element that establishes
that level of service standards.
CHAIRMAN STRAIN: Okay. So there's no need -- someone would just apparently realize that
then, reading this whole --
MR. WEEKS: I would hope so.
CHAIRMAN STRAIN: I wasn't sure, but I wanted to ask the question.
Page 10?
(No response)
CHAIRMAN STRAIN: Page II?
(No response)
CHAIRMAN STRAIN: Page l2?
MR. SCHMIDT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. SCHMIDT: Their staff would note that in letter C, Subsection C--
CHAIRMAN STRAIN: Are you on page --
MR. SCHMIDT: Page 12.
CHAIRMAN STRAIN: Thank you.
MR. SCHMIDT: In Subsection C where it is highlighted in red, reflects the projects set forth in the
first year of the -- should read CIS, capital improvement schedule.
CHAIRMAN STRAIN: So is there a -- do you need to say that out and then do a parentheses CIS,
just to be -- either way, let staff work it out. I don't have a problem with it. Anybody have a concern on the
panel?
(No response)
CHAIRMAN STRAIN: Page 13?
(N 0 response)
CHAIRMAN STRAIN: Page 14?
(No response)
CHAIRMAN STRAIN: Page IS?
COMMISSIONER MURRAY: Yeah, there's a note here, legal comment expected on this idea.
MS. STUDENT-STIRLING: Yes, for the record, Mmjorie Student-Stirling, Assistant County
Attorney.
And having gone through this with staff, we feel that this language should be okay, because what
happens with the AUIR will be factored into our checkbook concurrency. So the application of checkbook
concurrency in 5.1 will catch the situation and a development mayor may not be able to go forward
utilizing checkbook concurrency in 5.1 and associated policies.
CHAIRMAN STRAIN: Does that answer your question, Mr. Murray? COMMISSIONER MURRAY: (Shakes head affirmatively)
CHAIRMAN STRAIN: While we're at it, Ms. Student, there's current legislation going through
Page 4
that could impact the way we have to look at concurrency.
If it does, do we have to go back, and will these -- will that require new changes to this EAR or the
GMP?
MS. STUDENT-STIRLING: Well, we are in the EAR process, and it depends on ifthe legislation
becomes effective and if there's any -- depends on what the language may say in the legislation as to the
effective date. But I think that's certainly something that when we go to adopt, because this is just
transmittal, we can iron that out with DCA.
CHAIRMAN STRAIN: I was just curious. Thank you.
Page 16?
(No response)
CHAIRMAN STRAIN: Page -- well, it's Page 1 of Exhibit A, which is a table.
COMMISSIONER SCHIFFER: I have an Exhibit A question.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: There's a red note on the bottom of a couple pages. Is that note
just for us at this hearing, or is that a note that's going to be in the final -- I think it's just for this hearing.
MR. COHEN: No, sir, that note will be incorporated into the final document. And where you see
the asterisk that's next to that note, you'll see an asterisk in the columns under 2005-2006.
And the reason for those particular notes is that the water and sewer master plan for the county will
not be adopted until June, and we don't have final figures. So at transmittal, we don't have them. But we
want to make sure the DCA realizes that will be financially feasible. And then for your adoption hearing
we will have those numbers incorporated, and they'll be provided to DCA as well as yourself at that time.
COMMISSIONER SCHIFFER: And the note goes away then.
MR. COHEN: Correct.
CHAIRMAN STRAIN: Thank you.
I have some questions of Mr. Scott in regards to the table that Exhibit A encompasses.
MR. SCOTT: Good morning. Don Scott, Transportation Planning.
CHAIRMAN STRAIN: Good morning, Don. I enjoyed my drive here today.
MR. SCOTT: Did you?
CHAIRMAN STRAIN: Yeah, I read the paper.
On Page 1 of the table, you have a CIE Number 168, Vanderbilt Beach Road, Collier Boulevard to
Wilson. And I notice that you have fiscal year costs in there in '06, '07 and '08, a little over 10 million a
year.
What do those costs represent?
MR. SCOTT: Right-of-way. As it's shown on the notes thing, where it says design right-of-way,
right-of-way, right-of-way, the R is right-of-way, the D is design.
CHAIRMAN STRAIN: Okay. Based on the total that's here and the fact that it's in the EAR, are
we locked into doing that? Because from what I read in the paper most recently, the cost of that roadway
could escalate to over $200 million. That may change some peoples' minds about moving forward with
that.
If it's in this document, does that lock us into it?
MR. SCOTT: No. The board will make a decision whether we go forward with that, obviously, on
April 17th.
CHAIRMAN STRAIN: Okay, then this document doesn't make them -- bring that up.
MR. SCOTT: Obviously, even beyond this project costs change, issues change out there.
CHAIRMAN STRAIN: That's why I was wondering.
Down on 5061, Collier Boulevard, Immokalee Road to Golden Gate Boulevard. That was one of
March 30, 2006
1611
Page 5
1611
March 30, 2006
the roadways that were supposed to be in before we approved all those developments along it. And it still
isn't started, although it was supposed to be finished. And now it's looking like it's going to be built in
2008, even beyond?
MR. SCOTT: No. The -- again, this is referencing moving it out of the first two years. It's in this
fiscal year, but we won't bring it in till we have a contract that's approved.
CHAIRMAN STRAIN: So the $36 million shown in 2008 could be spent in 2006 or seven?
MR. SCOTT: Yes.
CHAIRMAN STRAIN: Okay. It's--
MR. SCOTT: That's really -- answering your first part of that that says it was supposed to be
started already and development went forward with the assumption, this pushes it out where development
can't go until it's pulled back in.
CHAIRMAN STRAIN: I see. Okay.
On the next page, Item 040, Golden Gate Boulevard. It's looking like the construction for the
extension from Wilson to Everglades at $42 million is set for '09. But yet I notice Vanderbilt Beach Road,
or even some of the others seem to be ahead of that.
Is this one that's put out and is going to be pulled back in to be moved ahead?
MR. SCOTT: That again is two years out. That's actually in '08. And I know it's confusing. There's
-- we have a map that shows what we're really pushing for, but this is for DCA's purposes of what we're
trying to do to get it out of the concurrency window.
So anything that was in the first three years essentially went out two years. Anything in nine and 10
are essentially at the bottom of the work program, not shown as construction in nine and 10.
Now, there's been some discussion whether, depending on where we go with proportionate share,
they might decide to take all the construction out of the five-year work program and just bring it in when
there's an approved contract. That remains to be seen at this point.
CHAIRMAN STRAIN: Okay. Well, I was just trying to -- I'm not -- I don't think I have a problem
with your table in regards to what you've explained. I just didn't understand it the way reality's been hitting
us versus what you have here.
Your 951 extension that's on Page 2 has been struck from Immokalee Road to Bonita Beach Road.
That means it's out of the five-year plan but it's still being conceived, isn't it?
MR. SCOTT: Well, at the moment the next phase would have been design. And the discussions
we've had with Lee County is that we're going forward with the I-75 toll authority. We were hoping to get
the first meeting next month, but I think it's probably May. We're going to address I-75 first as the toll
thing and see where that ends up with 951.
951 was about a four to $500 million project, and we weren't going to be doing that unless it's tolled
also. That has a big influence on what we do on I-75, so we're trying to answer the I-75 question first.
Now, we are going to go and get whatever right-of-way we can within our corridor, and Lee
County's going to do the same. But at the moment we're holding back on design.
CHAIRMAN STRAIN: Okay. That's the only questions I had on Exhibit A.
Does anybody else have any questions on Exhibit A?
(No response)
CHAIRMAN STRAIN: Okay, thank you very much, Don.
Exhibit A continues until we get to the end, there's a final page.
Any questions on the balance of the CIE?
(No response)
CHAIRMAN STRAIN: Hearing -- Mr. Weeks?
MR. WEEKS: Mr. Chairman -- and by the way, I'm David Weeks, Comprehensive Planning
Page 6
Department.
I'd ask Mr. Schmidt, but I think we should -- Schmidt, Corby, but I think we should get this on the
record. On that table A that we were just discussing, the first three pages, in a few cases under the notes
column there's the initial LD. And there is no corresponding initials under the T. And so I wanted to ask
maybe if Don could tell us ifthat's a combination of -- or just what that is.
MR. SCOTT: LD is landscape design. And I don't know if there's another reference for
construction. Or LS is landscape -- LD is landscape design. And we can add that to it.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Thank you.
Hearing nothing else, Ms. Student, is it appropriate that we take a vote on recommendations on
each one of these separately?
MS. STUDENT -STIRLING: Yes, that's how we generally do it and I think that's entirely
appropriate.
CHAIRMAN STRAIN: Okay, is there a motion--
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: There's a motion to recommend approval.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Seconded by Mr. Murray. Discussion?
I'm assuming the motion is to recommend approval with the corrections made by staff and those
recommended today by this board; is that --
COMMISSIONER MURRAY: That's correct.
CHAIRMAN STRAIN: Okay. All those in favor ofthe motion, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response)
CHAIRMAN STRAIN: Motion carries 7-0. Thank you.
Is Ms. Mosca here yet? Randy, were you able to reach her?
MR. COHEN: I left a message for her, as well as an e-mail. Typically she doesn't get to the office
until 9:00 in the morning, so I will try her again at 9:00 as well.
CHAIRMAN STRAIN: I may periodically look up and check with you just so we're -- with or
without her, I think by 10:00 we're going to have to discuss the Immokalee issue, so -- I was just hoping her
input would be here.
Transportation element would be the next element in our book.
Any questions on Page I?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
CHAIRMAN STRAIN: Page 3?
(No response)
March 30, 2006
1611
Page 7
1611
March 30,2006
CHAIRMAN STRAIN: Page 4? Ms. Caron.
COMMISSIONER CARON: Don, since you made changes to the list on here, can you just go over
why those changes were made?
MR. SCOTT: You're talking about level of service E?
COMMISSIONER CARON: Yes.
MR. SCOTT: Essentially what roadways are six lanes or at least under construction for six lanes
that we're making it consistent across the thing.
Now, as I said before, I'd rather have a statement that says that when it gets six lanes, make it level
of service E, but I know we had a lot of discussion about that last time, so this is consistent at least to where
we're at right now.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Page 5?
(No response)
CHAIRMAN STRAIN: Page 6?
(N 0 response)
CHAIRMAN STRAIN: Page 7?
(N 0 response)
CHAIRMAN STRAIN: Page 8. As Ms. Caron pointed out, when we received the e-mail, that was
a mIssmg page.
Page 9?
(No response)
COMMISSIONER CARON: I think we're going to get Page 8.
CHAIRMAN STRAIN: Oh, it CaIne in -- I'm sorry, I got mine in e-mail last night from David, so
I've got mine. I think the side that's new is the back side, Page 8?
MS. SCOTT: Excuse me, Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MS. SCOTT: Trinity Scott, Transportation.
If! could go back to Page 7, I noticed in our strike-through version that we provided to you in
policy 4.3, the new policy 4.3, both should and shall had been stricken. And should is double underlined.
So I would like to remove the strike-through on should.
CHAIRMAN STRAIN: I read that. And when it said the county's pathways construction program
be consistent with the comprehensive pathways plan to the maximum extent feasible, I thought you
purposely tried to strike both of those, because it still reads --
MS. SCOTT: We could leave it at that.
CHAIRMAN STRAIN: No, that's fine. I have no problem with it. But that's why I didn't think it
was a problem. We can leave it. Should be back in.
MR. WEEKS: Mr. Chairman, for explanation, what we've done is -- I realize this may cause some
confusion, but to try to show the changes, we used double underlined, double strike-throughs. And in this
case because should is double underlined, it shows that it is being added back in. And because shall is
double struck through, it is taken out. So we are showing it as --
MS. SCOTT: Thank you, David.
CHAIRMAN STRAIN: And for the comments we gave today, we're going to be looking for triple
underlines and --
Thank you, Trinity.
Yes, Mr. Midney?
COMMISSIONER MIDNEY: The reason we're going with should rather than shall is because
Page 8
MarChi06or1.
we're saying to the maximum extent feasible? We're not saying that it's going to be an absolute thing that's
going to be done?
CHAIRMAN STRAIN: I think that's the intent, the best -- to put the best efforts--
MS. SCOTT: Yes. The comprehensive pathway plan only addresses arterials and collectors. It
does have a few local roads identified in there.
But as far as county dollars are concerned, I need a little bit of flexibility to spend dollars when the
school calls and says they have an immediate need, and it may not necessarily be identified in this
comprehensive pathway plan, but I need to go out and address an immediate need.
CHAIRMAN STRAIN: Thank you. Okay, we left off on Page 9. Any questions on 9?
(No response)
CHAIRMAN STRAIN: Page 10?
(No response)
CHAIRMAN STRAIN: Page II? I have one question on page 11, it's Item D up on top. It's talking
about impacts in the TCEA. And in D you've added affordable workforce, but you've limited it to 80
percent. And I do know that there's an effort now in the county and there's a table adopted just recently on
Tuesday to work with up to 150 percent, I think it is.
How does that fit in if it's not utilized here?
MR. WEEKS: I'm looking at Cormac to help out a little bit.
I believe the basis was that using the existing term of affordable housing did only apply, or still
does only apply to 80 percent or less of the median household income. So we were changing the language
here just to explicitly state the 80 percent to reflect what the original intent was.
CHAIRMAN STRAIN: My question is why is that -- why isn't the intent just to go with the full
range? Because we just developed a matrix that's beneficial to the full range, so why wouldn't we want to
use that?
MR. GIBLIN: Commissioner, Cormac Giblin, Housing and Grants Manager.
I think the answer to your question was we just did it. So it would be appropriate now to make that
change.
CHAIRMAN STRAIN: Ah. Okay, good. So David, then you can make that change?
MR. WEEKS: Yes.
Cormac, for clarification then, we would strike the added phrase at 80 percent or less of median
income?
MR. GIBLIN: Correct.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Page 12?
(N 0 response)
CHAIRMAN STRAIN: Page 13?
(N 0 response)
CHAIRMAN STRAIN: Page 14?
(No response)
CHAIRMAN STRAIN: Page IS?
(N 0 response)
CHAIRMAN STRAIN: Page 16?
(No response)
CHAIRMAN STRAIN: By the way, I noticed that staffhas put some verbiage in here about our
questioning and then their clarification. David, I think your clarification works well. So I like the language
a lot better in the areas that you did pick up on.
Page 9
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March 30, 2006
MR. WEEKS: Thank, you, Mr. Schmidt. Corby did that.
CHAIRMAN STRAIN: Okay. Thank you. Is your last nmne Schmidt?
MR. SCHMIDT: It is.
CHAIRMAN STRAIN: You don't look like your dad.
(Laughter)
MR. WEEKS: Different spelling.
MR. SCHMIDT: It's an extended fmnily.
CHAIRMAN STRAIN: Page 17?
(No response)
CHAIRMAN STRAIN: Page 18?
David, I had a question on Page 18, and it was back about policy 11.3 and turning over the airport
to Everglades City.
(At which time, Mr. Kolflat entered the boardroom)
CHAIRMAN STRAIN: I'm still concerned that that airport could provide tremendous access for
county residents to an inland waterway that we have virtually now no private access to, or it's so limited it's
almost useless.
And while it's being used as an air park, I understand the need for Everglades City, although I
seriously don't think it's used enough, but couldn't we provide a language that would require a reverter
clause in the deed that would go to them, so that if they ever decided not to use it as an air park in any
capacity whatsoever it would revert back to the county for use as the county sees fit, maybe a boat launch
rmnp site or something like that?
MR. SCOTT: After the meeting, I followed up with Everglades City on some of the issues in
trying to figure out who actually added this language over the last six years, and pretty much had a long
discussion about how the master plan was supposed to be updated at a certain time.
And I still have some more data that I haven't gone through, but I wasn't comfortable just striking
the language without some discussion with the board as to where they wanted to go from there.
From that aspect, I welcome any comment you want to make as we forward this to the board.
CHAIRMAN STRAIN: Well, I certainly think that to protect the citizens of the county who
already own the property, if they want to have access to that backwater area, they're not going to have it
unless -- this isn't giving it to them right now, but if for any reason it stops being used as an airport, why
shouldn't the citizens of Collier County then retain that right to have access to those backwaters? That's my
only point.
MR. SCOTT: And I don't disagree. I think the language came more from the aspect of when they
considered MPO funding in transportation and airports, trying to protect the airport interest side of it.
But obviously if that goes away in the future, based on whatever happens in the area, I'm not sure
that's a problem.
CHAIRMAN STRAIN: I mean, honestly, for that to become useful to a wider array of citizens
than just the airport is now, I think the city would actually benefit from the tourism they would receive
from that.
MR. SCOTT: They might have some interest in some other use, too, so __
CHAIRMAN STRAIN: If there's no objection from the panel.
Mr. Schiffer?
COMMISSIONER SCHIFFER: I have a general question on transportation. Is now the time?
CHAIRMAN STRAIN: Well, I'd like to get done with Policy 11.3 first.
COMMISSIONER TUFF: I would have an objection. Just that that land was -- that area, it was
Everglades City's property and they had an airport on it, and the county said that we can do a better job for
Page 10
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March 30, 2006
..
. '.
you, so they gave it to the county to do a better job with the airport.
If that were to be removed from being an airport, I believe they should have it back to do as -- it's
their decision, it's their property, it's their -- they gave it as a gift under contingency that it would be an
airport. If it's not, then I believe it should go back to the rights of the citizens that gave it to them.
CHAIRMAN STRAIN: Have you seen the project to the north adjacent to the airport that's almost
on the airport property going in right now? Do you know the price of those condominiums? Do you know
how valuable this property is overlooking those backwaters? Do you know how sometimes cash strapped
small communities are, especially when they need to upgrade their sewer plants or water treatment facilities
or things like that?
The potential for this to go to a private enterprise to become high-rise condominiums is extremely
great. I certainly would not want to see that happen to another waterfront piece of property in Collier
County. For that reason, I certainly would like to see this commission's support adding language or a
reverter clause being added, should Everglades City not use that property as an air park.
MS. STUDENT-STIRLING: Perhaps -- I have a little concern about putting language that ought to
be in a deed in this document. But perhaps we could put some more general language that in the event that
it's not used for an airport, it will revert to the county. And then that could serve as guidance when they
negotiate and do prepare the documents, then it could be -- you know, be reflective of the compo plan
language in the deed, that way.
CHAIRMAN STRAIN: That's kind of where I was headed.
MS. STUDENT -STIRLING: Okay. I thought maybe you were going to put language the deed
shall say.
CHAIRMAN STRAIN: Oh, no, I just wanted to make sure there was some suggested -- and I
understand Mr. Tuffs objection to it. Although I'm just concerned about the potential of it going to private
high-rises, which is already happening right around that air park.
COMMISSIONER TUFF: And I just don't believe that's our prerogative to tell them what to do. I
mean, it's like some big guy over here tells this little guy how he's going to run his life. I believe they're
citizens, they pay their taxes, they do their things and they -- it was given only to the county to run as an
airport. Ifthat should cease, then it should go back to the city for them to decide. It's not our prerogative to
tell them what to do.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I have a question. Does the county own that property? Ifwe own
it, we have the right to make a decision right or wrong. But if we don't own it, I guess it's moot.
MR. SCOTT: Obviously this raises more questions to be discussed with the City of Everglades,
too.
CHAIRMAN STRAIN: Well, I mean, I think before this day's over, there's going to be questions to
be discussed with other cities in this county as well, based on the housing element.
But with this one, my suggestion still stands. What's the feeling ofthis panel?
COMMISSIONER MURRAY: I don't disagree. As long as we own it, we have the right to make
that decision.
COMMISSIONER ADELSTEIN: We do. We own it now. They deeded it to us. It's ours.
COMMISSIONER TUFF: To run as an airport.
COMMISSIONER ADELSTEIN: But it's in the county's province now.
CHAIRMAN STRAIN: All I'm suggesting is -- Ms. Student?
MS. STUDENT-STIRLING: The property ownership probably needs to be checked. And also, if
it was conveyed to the county, documents doing that to make sure there's no contingencies in those
documents as well. And that all needs to be checked before I feel comfortable absolutely putting
Page 11
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March 30, 2006
'.1
:.j
something in here. I mean, we can, but we just need to check first to see what we're dealing with.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, I just wanted to support Russell. I believe that if they gave
it to make an airport, then they should get it back.
But I think Margie, what she just said is going to trump anything we want to do anyway.
CHAIRMAN STRAIN: Consensus of the panel? My suggestion still stands. You've heard other
opinions. All those that -- did you have a comment?
COMMISSIONER CARON: No, I was just going to say, I agree with what you're saying. I think
that the further investigation that Margie is talking about needs to be done before it gets to the BCC. I think
we can recommend that if we own this property, we can move forward with revised language. And we
would recommend that if we own the property.
COMMISSIONER MURRAY: I would say again, ifit's unencumbered, if we own it without
reverters from there, Everglades, then fine, we should control it. Then I would advocate your position.
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Well, I would be prepared to vote on something if we, you know,
had in mind the fact that make sure that there's no encumbrances on it first.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Is the property within the City of Everglades?
CHAIRMAN STRAIN: Yes, it is.
COMMISSIONER SCHIFFER: So wouldn't they govern what's built on it now anyway?
MS. STUDENT-STIRLING: The County can own property within a municipality, and then it gets
dicey about regulations and what controls and so on. But the county can own property within another
jurisdiction, a municipality within the county anyway.
COMMISSIONER SCHIFFER: I understand that, but I do think it's under their domain what the
use of it is now anyway. So if it doesn't become an airport, it's going to be what they want it to be.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: How about subject to the county having it ifin fact it is viable to
them and legally acceptable to them?
CHAIRMAN STRAIN: Well, I think basically any changes would have to be after Ms. Student did
whatever research --
COMMISSIONER ADELSTEIN: But we're giving her leeway to do that.
CHAIRMAN STRAIN: Right. That's what this whole discussion is about.
Mr. Kolflat, did you have any -- okay.
Well, seems like the consensus is that some language be added if Ms. Student feels it's appropriate
after her research with regards to the operation, if it ceases to be an airport.
COMMISSIONER MIDNEY: Let's vote and see what the consensus is between you and Mr. Tuff.
CHAIRMAN STRAIN: I thought we just took as poll. Okay. I was going to vote on the whole
thing at the end but we can vote on this one.
COMMISSIONER MIDNEY: I would like to see what the breakdown is on this particular point.
CHAIRMAN STRAIN: Okay. On this particular issue, all those in favor of seeing, through
appropriate research and consensus from the county attorney's office, a suggestion being added to this
paragraph that in the case if it ceases to be an airport, the county can then regain control of that property.
COMMISSIONER SCHIFFER: What does that mean exactly? It becomes part of the county or--
if they own it, they control it.
CHAIRMAN STRAIN: It's part of the county--
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March 30,2006
COMMISSIONER SCHIFFER: It's part of the county now, but I mean, it's governed by the city,
within the jurisdiction ofthe city.
CHAIRMAN STRAIN: Well, Brad, the way it's being put forth now is the county owns it and is
going to turn it over to the city. That's a good thing for the city, they get their airport back, everything's
fine.
My suggestion is if they for some reason decide not to run it as an airport, in order to avoid it going
into private hands that the county then regain control of the property, then the county then can decide what
to do with it. That's my --
COMMISSIONER SCHIFFER: I don't know what control means, that's all. I mean, in other words
you're saying that we give it back to the city, now the city owns it and it's within the jurisdiction ofthe city,
yet they have to get permission from the county to do anything.
CHAIRMAN STRAIN: Well, I don't know if you're fmniliar with reverter clauses in deeds, but
when you issue a deed and if you have a reverter clause in it and the purpose for which you issued a deed
for the property no longer is used for that, it reverts back to the prior owner.
That's the smne suggestion here. Although as Ms. Student said, we can't write deeds in the GMP.
So I was trying to politely suggest it as something that would highlight it at the time this would actually
occur in the future.
COMMISSIONER SCHIFFER: I think what you're saying is that if it reverts back to the city,
which I do understand what that is, we still are going to have a control on it.
CHAIRMAN STRAIN: It would revert back to the county.
COMMISSIONER SCHIFFER: It would revert back to the county?
CHAIRMAN STRAIN: If the county gives it to the city and the city were to cease using it for an
airport, it would revert back to the county.
COMMISSIONER SCHIFFER: Okay, I'm sorry, I do have it backward. Never mind.
CHAIRMAN STRAIN: I'm trying to figure out how we get through this.
COMMISSIONER MIDNEY: I understand your suggestion, Mark.
CHAIRMAN STRAIN: Okay. All those in favor of the suggestion I just made, please signify by
raising your hand.
COMMISSIONER SCHIFFER: (Raises hand). I now support it.
COMMISSIONER ADELSTEIN: (Raises hand)
COMMISSIONER CARON: (Raises hand)
COMMISSIONER MURRAY: (Raises hand)
COMMISSIONER KOLFLA T: (Raises hand)
CHAIRMAN STRAIN: (Raises hand)
All those opposed?
COMMISSIONER MIDNEY: (Raises hand)
COMMISSIONER TUFF: (Raises hand)
CHAIRMAN STRAIN: Okay, so now it's eight to -- I mean there's eight people here, 6-2, okay, in
favor of the language. Thank you.
We got through it.
Page 19?
(No response)
CHAIRMAN STRAIN: That's it. Then the transportation element.
COMMISSIONER SCHIFFER: I have a general transportation topic.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: The concept of peak hour basis, there's really no definition to it,
Page 13
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March 30, 2006
other than what the transportation department comes up with as peak hour, correct?
MR. SCOTT: It's whatever the -- on any given road, peak hour can be different. You know, it
could be 2:00 in the afternoon. Not usually. But also 5:00 in the afternoon. Whatever the highest traffic
volume hour is for that roadway.
COMMISSIONER SCHIFFER: Okay.
MR. SCOTT: And obviously when we get into A.M. analysis, which we talked about before, the
peak hour of the day could be A.M. in some areas and P.M. somewhere else.
COMMISSIONER SCHIFFER: So what you're saying, the reason we don't use A.M. hours now is
we don't have that data?
MR. SCOTT: A lot of data has to be collected, that's correct.
COMMISSIONER SCHIFFER: Okay. But once you collect it, the peak hours could be anywhere
it falls.
MR. SCOTT: Yes.
COMMISSIONER SCHIFFER: Okay, thanks.
CHAIRMAN STRAIN: Okay, is there a motion to approve, subject to the recommendations as
discussed today and those provided to us by staff from our prior meetings?
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Seconded by?
COMMISSIONER ADELSTEIN: I'll second.
CHAIRMAN STRAIN: Mr. Adelstein.
Any discussion?
(No response)
CHAIRMAN STRAIN: All those--
COMMISSIONER TUFF: So if you're not in favor of that one part where I still-- it would be
appropriate to -- and I approve the rest, would that -- or is that already stated because we voted that down
on that measure?
CHAIRMAN STRAIN: It's already been stated.
MS. STUDENT-STIRLING: It's already on the record.
CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response)
CHAIRMAN STRAIN: Nobody's opposed. Motion carries, 8-0. Thank you.
MR. COHEN: Mr. Chairman, just to let you know, Ms. Mosca is on her way.
CHAIRMAN STRAIN: Excellent. Thank you.
And for the record, Mr. Kolflat had arrived earlier. I missed seeing the exact time he CaIne in.
Sanitary sewer sub-element.
By the way, for the court reporter, we'll try to break between 10:00 and 10:30, depending on our
Immokalee discussion, if that's okay.
Page 14
MarC~~2!ol
Good morning. I heard a bad rumor about you.
MR. VAN LENGEN: It's not such a bad rumor.
CHAIRMAN STRAIN: I heard you might be leaving us.
MR. V AN LENGEN: As long as it's on the record, I just want to say that Collier County is
probably the best employer I've ever had to date.
CHAIRMAN STRAIN: Well, you certainly have been a pleasure and very professional to deal
with. We're going to miss you.
MR. VAN LENGEN: I appreciate it, thank you.
CHAIRMAN STRAIN: Sorry to see another person leave.
Page 1 of the sanitary sewer sub-element?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
CHAIRMAN STRAIN: Page 3? Ms. Caron?
COMMISSIONER CARON: Yeah, there were language changes here obviously in 1.5 and 1.6
which I would just like to have staff review.
CHAIRMAN STRAIN: You mean explain?
COMMISSIONER CARON: Yes.
MR. GRAMATGES: Good morning, Phil Gramatges, Public Utilities Engineering.
Can you be more specific, please, as to what you would like us to discuss?
COMMISSIONER CARON: The changes that you've made. Review them for the record.
MR. GRAMATGES: Okay, sure. The first change would be under Policy 1.5. We added within
200 lineal feet of the closest property line.
And again, in the next to the last line on that paragraph, also within 200 lineal feet of the property
line, which is the way the ordinance reads.
CHAIRMAN STRAIN: And that's something I think that we pointed out as a board, because if you
were to leave it like it was before, someone could be a half a mile away with a sewer line and say they've
got to tie in. This limits them to a 200-foot distance.
MR. GRAMATGES: Yes, indeed. Yes.
COMMISSIONER CARON: Yes. And I understand. I just wanted to have it on the record,
because all that was stated in our meeting was that we would change that language. So I think the language
change should be in the record.
CHAIRMAN STRAIN: Okay. Did you have a similar request on 1.6?
COMMISSIONER CARON: On 1.6.
MR. GRAMATGES: Yes, 1.6 we changed on the first line of the first paragraph the word will for
the word shall. And then on the third line we added where septic tank use and struck out of high
concentrations of septic tanks for such facilities.
CHAIRMAN STRAIN: Phil, I had a question about that particular one.
MR. GRAMATGES: Yes, sir.
CHAIRMAN STRAIN: The word after the strike out, it says may reasonably be expected to
adversely affect public health and safety or the environment.
I'm still concerned about the use of the words may reasonably be expected, only because what is
reasonably affecting the public health, safety and environment is really very objective in different people's
minds.
Marco Island right now has an issue going on with their sewer systems. And there's people down
there that say the sewer and septics are fme, and others say there aren't. I'm wondering if reasonably is a --
Page 15
Mlc93!, 106
there's as better word than reasonably to be used there.
MR. COHEN: Mr. Chairman, might I suggest using the word could rather than may reasonably?
MR. GRAMA TGES: That would be acceptable to us, if it is to you.
CHAIRMAN STRAIN: Is there any criteria at some point that triggers something to go from being
acceptable and not acceptable to the public health, safety and/or the environment?
MR. GRAMA TGES: I can't answer that, but it would say that that would be very difficult to do
objectively. Now, there are of course regulations as to the level of coliforms that you can find in the
effluent and the level of certain contaminants that you can find under water that is tested in the area, and
that defmitely will determine whether or not we are within or outside the regulations.
As to being able to go before that happens and try to anticipate that, yeah, there is a level of
subjectivity here that I don't see how we can avoid.
CHAIRMAN STRAIN: Well, if you were to strike the words from may all the way down to the
word or, and just say that sewage treatment plants and where septic tank use fails to meet the performance
standards for such facilities in Chapter 64, E.6 F AC, then you've got standards tied to a performance that
you know is quantified.
MR. GRAMATGES: That certainly would be acceptable to us.
So we will strike out anything from may to or.
CHAIRMAN STRAIN: Right. And then the sentence will just pick up with the word fail, you add
an S so it, where septic tank use fails to meet performance standards.
MR. GRAMA TGES: Yeah, we would need to change fail to fails.
CHAIRMAN STRAIN: Right. I think that provides an ability for everybody to understand what
quality --
MR. GRAMA TGES: Sure, we will make those changes.
CHAIRMAN STRAIN: Okay, thank you.
MR. GRAMATGES: Continuing on under Policy 1.7, the last line on that first paragraph, we
changed will to shall.
CHAIRMAN STRAIN: And just out of curiosity, because there's a lot of red-lining in this book,
it's on record if it's in this book today, isn't it?
MS. STUDENT-STIRLING: Yes, it--
CHAIRMAN STRAIN: I'm trying to get to Ms. Caron's concern.
MS. STUDENT-STIRLING: Yeah, I believe it's on the record, because the book is part of the
record of this proceeding.
CHAIRMAN STRAIN: Does that work for you, Donna?
COMMISSIONER CARON: It will in some cases and it won't in others.
CHAIRMAN STRAIN: Okay. Page 7?
(No response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9? I have a question on the top, Policy 4.6 that was added. It says the
county shall promote the use ofxeriscape techniques to minimize potable water use for landscape
irrigation.
I would suggest maybe a period there, because the rest of it is a given without stating it here. And if
you state it here and some of those references are expanded or added to in other parts of the codes, we may
have a problem bringing those in ifthis is what the GMP is specifically referencing.
MR. GRAMATGES: In other words, Mr. Chairman, you're suggesting that we eliminate
everything after irrigation?
Page 16
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March 30, 2006
CHAIRMAN STRAIN: Yes. Wouldn't that accomplish the SaIne goal? Because if you do it,
you've to be consistent with the codes anyway.
MR. GRAMA TGES: Absolutely.
And by the way, as you will remember, the reason we made this change is because we wanted the
language in the wastewater sub-element to resemble or to be exactly the SaIne as in the water. So we will
change it there as well.
CHAIRMAN STRAIN: I would hope so, yes.
Is that okay?
MR. GRAMATGES: Certainly.
CHAIRMAN STRAIN: Thank you.
And the last section is Page 10.
(N 0 response)
CHAIRMAN STRAIN: No questions. We have finished with the sanitary sewer sub-element and I
would entertain a motion to recommend approval with the changes we've discussed today as well as the
changes incorporated by staff for today's meeting.
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by?
COMMISSIONER CARON: I'll second it.
CHAIRMAN STRAIN: Commissioner Caron. All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(N 0 response)
CHAIRMAN STRAIN: Motion carries 8-0.
MR. COHEN: Mr. Chairman, for the record, Ms. Mosca has arrived.
CHAIRMAN STRAIN: She's hiding. She is, behind Richard.
Well then why don't we start on the Immokalee -- jump right straight to the Immokalee master plan
now so we can make sure we have time to finish before Mr. Midney leaves.
That is the third tab from the back of our book. When we finish with this, we'll go back to potable
water.
Good morning, Michelle.
MS. MOSCA: Good morning. For the record, Michelle Mosca, with the Comprehensive Planning
Staff.
CHAIRMAN STRAIN: I know that probably the most urgent issue that we need to ask you about
was the request that you solicit input from the master plan committee that's working in Immokalee or any
others out there that may have input in regards to the density of increases for affordable housing.
Did you have any input from them?
MS. MOSCA: I did send the e-mail correspondence, as stated I would. I did not receive enough
responses in order to form a consensus from anyone of the committees.
CHAIRMAN STRAIN: Did you receive any responses?
Page 1 7
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March 30, 2006
MS. MOSCA: Yes, I did.
CHAIRMAN STRAIN: Were they for or against?
MS. MOSCA: One was to defer -- I actually categorized them. I said to either adopt the language
as stated, adopt with modifications. The other was to defer. And I'm trying to think of the other one. The
other one was to defer and we'd work with the consultant out in Immokalee to identify the needs or the
areas where affordable housing might be most appropriate.
So the two statements that I received -- the two responses that I received, one was to defer and
allow the consultant to work with the community. And the other was adopt, but they wanted to see the
table that's being prepared for the BCC.
CHAIRMAN STRAIN: Which was approved on Tuesday.
MS. MOSCA: Yes.
CHAIRMAN STRAIN: Okay. The other comment I wanted to make sure, now that we've got your
input, when this was discussed by this panel last time, there was a follow-up report supplied from Mr.
Schmitt, and I'm sure you all saw it, that indicated something to the effect that it looked like maybe we
were trying to dump this added density out in Immokalee for affordable housing.
I don't think that was the intent of this board and I want to make the record clear on that. We would
have struck it unilaterally from the entire recommendation of the code, but Mr. Midney being a resident out
there and a representative of Immokalee on this panel, suggested that it might be better to leave that in for
Immokalee. And it was for that reason that we left it in.
And with that I'm still going to defer to him today to any further comments he may have, or any
input you may have garnered from citizens out there in regards to this issue.
COMMISSIONER MIDNEY: Do you want to start there or start from the beginning? Might as
well start from the beginning, because it won't take that long.
CHAIRMAN STRAIN: Okay. Well, I was -- well, the changes that were made were so minor, I
figured we were going to end up there before we had any comments.
Page I?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
CHAIRMAN STRAIN: Page 3?
(No response)
CHAIRMAN STRAIN: Page4?
(N 0 response)
CHAIRMAN STRAIN: Page 5?
(No response)
CHAIRMAN STRAIN: Page 6?
(No response)
CHAIRMAN STRAIN: Page 7?
(No response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
(No response)
CHAIRMAN STRAIN: Page 10?
(No response)
CHAIRMAN STRAIN: Page II?
Page 18
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March 30, 2006
(N 0 response)
CHAIRMAN STRAIN: Page 12?
(N 0 response)
CHAIRMAN STRAIN: Page 13?
(No response)
CHAIRMAN STRAIN: Page 14?
(N 0 response)
CHAIRMAN STRAIN: Page 117 I'm just kidding. Paul's been waiting for 15. Okay, Paul, we're
there.
COMMISSIONER MIDNEY: 16, right?
CHAIRMAN STRAIN: Actually, yes, 15 and 16. That's where your density bonuses start.
COMMISSIONER MIDNEY: Michelle, I saw the one letter from Fred Thomas, which I got as an
e-maiL I didn't see the other one. But I interpreted basically that he was in favor of allowing this so-called
workforce housing bonus by right to go through. I didn't see the other e-mail.
MS. MOSCA: I did receive that, as well. And then in a follow-up e-mail he said before he made a
definitive decision he wanted to see the table.
COMMISSIONER MIDNEY: I don't think that -- the name affordable housing by right I think is a
little bit misleading, because it sounds as though, oh, you know, you can put -- you can just dump 16 units
per acre anywhere, you know, without any process.
And I think this panel should consider that really, this is a compromise, it's not just saying that you
can automatically increase, you know, just willy-nilly the density of affordable housing in an urban area,
and particularly in Immokalee.
If you go through the public here, you can get eight units an acre. Your density by right is just for
four units an acre. And it's only in the urban area where we encourage development anyway. The applicant
will still have to meet the requirements of concurrency, the LDC, building reviews and everything.
And I think that it's important. It really is important in the whole county. Some people have
interpreted it to say well, any affordable housing project that's proposed for Immokalee is going to get in.
They've never been denied yet, they never will in the future. But I think we're getting to the point now
where we could have problems even in Immokalee getting any public housing through, as the land prices
are gomg up.
As I mentioned in the previous meeting, in the Arrowhead subdivision, those were supposed to be a
high proportion of affordable housing. Now the cheapest unit is starting at $250,000. So everything is going
up.
And the land is becoming more valuable. Developers have said that in order for them to even
consider going with any affordable housing, as opposed to just doing half a million dollar homes where
they don't have to go through any review because it's an automatic thing, they need to have some -- get rid
of some of the uncertainty about proposing affordable housing.
I think all of the members of this panel are in favor of affordable housing, without question. Every
single one. But there's always a trade-off between affordable housing and density and the environment.
Those three things are the things that seem to guide our discussions a lot.
And I know that we all have a strong feeling that we don't want to unnecessarily increase the
density, because that causes a lot of problems with transportation and schools and everything else. But if
we don't do something -- right now we're basically doing very little to encourage affordable housing. And
you can see the results, very few projects are coming through.
Ifwe don't do something more than what we're doing, I don't think we can expect to see things
improve in terms of being able to find houses for teachers, for nurses, for police, for basically wage earners.
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And what you end up with is a kind of de facto segregation where you have all the young fmnilies
either in Immokalee or not even in the county at all, all the fmnilies with children, the ones that are trying to
get a start.
And when you have these hearings before this board and the BCC, you never see the young families
there, the wage earners, the kids there who are the ones that are really going to benefit from affordable
housing. You see the older people who have already got good incomes and can afford these higher priced
market rate houses who are the ones who come to the meetings.
So I think that if we want to do something to improve the opportunity, yes, it's going to infringe a
little bit on some of the rights, but you're only talking about an increase of density of four units an acre only
in the urban areas where we are encouraging the development to take place. And I think sometimes we
have to do something that's for the common good of the community as a whole.
And that's why I feel that this affordable housing by right should be something that should be
adopted, certainly in Immokalee. I think it should be for the rest of the county, but at least in Immokalee.
CHAIRMAN STRAIN: Okay. And I think last time when we talked to Ms. Student, she indicated
that we need to have some kind of unique application in order to show that we're not trying to over-saturate
any particular part of the county.
MS. STUDENT-STIRLING: Right. My concern was a provision in the regulatory language about
undue concentrations of affordable housing. But I think if we have enough backup information to submit
to the DCA on this, that we should be okay.
CHAIRMAN STRAIN: Right. And that's where I was going, based on Mr. Midney's comments
and based on the fact that it is a community that is basically agriculturally orientated (sic). They do have
unique and different characteristics than the rest of the county. And I think that's been acknowledged many
times.
For that reason, I think that with Mr. Midney's recommendations as well, I have no objection to
leaving this in that particular portion of the AUIR.
Ms. Student, then Mr. Midney.
MS. STUDENT -STIRLING: And just for the record, I think we should note as part of our
submittal, it's been my understanding from previous hearings that a lot of the folks in Immokalee don't have
vehicles so -- and they work there. So they need to have the housing near their jobs, if they don't have
vehicles, so they can get to their jobs from their houses. So I think that's an important consideration.
COMMISSIONER MIDNEY: That's a very good point.
And just to underscore, which I also mentioned in the last meeting, but to say it again, you know,
we have in the past had affordable housing generated in Immokalee. And a lot of people say well, you did
it the wrong way because, you know, you put in a lot of trailers, you put in a lot of substandard housing.
Nevertheless, that is housing for people to live in. And people need housing.
Now, if we're going to be raising the standards in general, we have to have some other mechanism
to encourage affordable housing. And I think this is not wholesale, you know, you can build 16 units an
acre wherever you want. We're only increasing it by four units. I think it's a very reasonable compromise.
MS. MOSCA: Mr. Chairman, if! may?
CHAIRMAN STRAIN: Yes, Ms. Mosca.
MS. MOSCA: I do have some concerns, as staff and the current liaison to both the master plan
committee and the CRA. What I would suggest doing is deferring this so that we could work with a
consultant to identify areas that may be more suited for the affordable housing, perhaps not on the main
corridors, while we're going through this planning and visioning process throughout the entire community.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: How long will that take?
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March 30, 2006
MS. MOSCA: It's been somewhat lengthy. I'm hoping less than a year, but I can't say definitively.
COMMISSIONER ADELSTEIN: I don't think they want to keep us waiting a year. Letts do it.
MS. MOSCA: We do have affordable housing provisions already available within the Immokalee
urban area.
CHAIRMAN STRAIN: Michelle, we need to move a recommendation forward today. So I don't
think we're in a position where we can defer our decision on the EAR today.
Now, as far as this policy being taken out, the lack of objection coming from Immokalee over the
last two-week period when we had requested information and the recommendations from the representative
of Immokalee on this panel, I'm inclined to leave the language as it is. And if you have any changes that
need to be made, maybe they would be better presented at the next level up when it gets past us and goes
towards the BCC.
MS. MOSCA: Mr. Chairman, I'll also be presenting this language at the April 4th meeting. We
also discussed that as well. So we'll have public input prior to the board hearing.
CHAIRMAN STRAIN: April 4th meeting?
MS. MOSCA: April 4th meeting out in Immokalee, we have the committees. We had mentioned
that last time.
CHAIRMAN STRAIN: We won't be meeting -- we may not be meeting on the 4th.
COMMISSIONER MIDNEY: We won't, but that -- what she's talking about is the civic
association, combined with the master plan. And there should be a lot of people there. So that will at least
inform the BCC.
CHAIRMAN STRAIN: Right, that's what I was hoping.
Okay, Mr. Midney, I understand then that you're in favor ofleaving Page 16 like it is?
COMMISSIONER MIDNEY: Yes.
CHAIRMAN STRAIN: Mr. Weeks?
MR. WEEKS: Mr. Chairman, I just want to clarify one matter. The practica1-- Mr. Midney used
some numbers that I disagreed with. I just want to get it clear on the record.
The existing provision for affordable housing density bonus through the rezone process is not
changing. So that would be a bonus of eight units per acre on top of your eligible base density, all of which
is subjective, that is, discretionary by the Board of County Commissioners.
The affordable housing density bonus by right that's being proposed is a bonus of four units per
acre, but also granting the base density of four units per acre by right as well, so there's no discretion.
So that the practical effect is a difference between eight units per acre can be granted by right up to
12 units per acre could be granted through a public hearing process.
COMMISSIONER MURRAY: May I?
CHAIRMAN STRAIN: Yes, Mr. Murray.
COMMISSIONER MURRAY: Mr. Weeks, do I understand that to mean that ifby right that's it
and there is no -- they can make no attempt to get additional bonus units in any way? That's it?
MR. WEEKS: Any additional bonuses that the project might qualify for would have to be through
a public hearing process.
COMMISSIONER MURRAY: Okay. But that still would fly.
MR. WEEKS: Still available, yes, sir.
CHAIRMAN STRAIN: Okay. Any questions on Page 117
(No response)
CHAIRMAN STRAIN: Page 18?
(No response)
CHAIRMAN STRAIN: Page 19?
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March 30, 2006
(No response)
CHAIRMAN STRAIN: Page 20?
(No response)
CHAIRMAN STRAIN: Then we have a map.
Hearing no questions, Mr. Midney, I bet you'd like to make a motion for the Immokalee area master
COMMISSIONER MIDNEY: Yes, I'd like to have this approved as discussed.
CHAIRMAN STRAIN: And as provided by staff?
COMMISSIONER MIDNEY: As provided by staff, yes.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER SCHIFFER: I'll second.
CHAIRMAN STRAIN: Second by Mr. Schiffer. Motion made and seconded.
But discussion, I have just one comment, and I'd like to make the comment on the public record
again so that it's not misconstrued. This is not an attempt by anybody on this panel to dump density into
Immokalee. It's as a result of recommendations because of unique circumstances that we have been
provided with today for this to occur in the Immokalee area.
So I would hope that that message goes loud and clear to anybody writing reports on this particular
action today.
Are there any other comments?
(No response)
CHAIRMAN STRAIN: Hearing none, I'll call for the question.
All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response)
CHAIRMAN STRAIN: Motion carries 8-0. Thank you.
Thank you, Michelle.
MS. MOSCA: You're welcome.
CHAIRMAN STRAIN: And Mr. Schiffer?
COMMISSIONER SCHIFFER: Since Paul is leaving, could we go into the housing element first?
CHAIRMAN STRAIN: I told everybody we would work in order. I need to keep that up because
we have staff and consultants here. That was a discussion I had with staff before today's meeting.
COMMISSIONER SCHIFFER: All right.
CHAIRMAN STRAIN: I need to continue it in that order.
And we'll go right to the potable sub-element right now.
CHAIRMAN STRAIN: Page 1 ?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
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March 30, 2006
CHAIRMAN STRAIN: Page 3?
(N 0 response)
CHAIRMAN STRAIN: Page 4?
(N 0 response)
CHAIRMAN STRAIN: Page 5?
COMMISSIONER MURRAY: I just have a question.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I need to understand, gpcd is gallons per hundred per day? I'm not
really clear on what that represents.
MR. GRAMATGES: Phil Grmnatges, public utilities engineering.
It's gallons per capita per day.
COMMISSIONER MURRAY: Capita. That's just -- okay, thank you.
CHAIRMAN STRAIN: Page 6?
(N 0 response)
CHAIRMAN STRAIN: Page 17
(No response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
(No response)
CHAIRMAN STRAIN: Page 10?
And this is where on the top of Page 10, Phil, we're going to be making corrections?
MR. GRAMATGES: Yes, Mr. Chairman, I've already made notes for that.
CHAIRMAN STRAIN: The Policy 4.7, the county shall seek to expand the availability of
irrigation water from supplemental sources through connection of such sources to the county's reclaimed
water system.
What about other sources of irrigation water? Does it have to be just reclaimed water that the
county would be pumping? Couldn't the county utilize other sources, like ASR?
MR. GRAMATGES: No. In fact, the term irrigation water encompasses not only reclaimed water,
it encompasses ASR water, it encompasses stormwater, recovered stormwater or storage stormwater, and
any other means of utilizing water that otherwise would be wasted.
CHAIRMAN STRAIN: Okay. I wanted to make sure this doesn't limit it to effluent type water.
MR. GRAMA TGES: It does not.
CHAIRMAN STRAIN: Any other questions on 10?
(No response)
CHAIRMAN STRAIN: Any questions on number 11 ?
(N 0 response)
CHAIRMAN STRAIN: Okay, is there a motion to approve the potable water sub-element --
COMMISSIONER MURRAY: Make a motion.
CHAIRMAN STRAIN: -- subject to the corrections and discussions made by us and staff.
COMMISSIONER MURRAY: Make the motion. CHAIRMAN STRAIN: Motion made by Mr. Murray, seconded by?
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: Mr. Midney.
All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
Page 23
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March 30, 2006
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response)
CHAIRMAN STRAIN: Motion carries 8-0.
Next element is the drainage sub-element.
Page I of the drainage sub-element?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
CHAIRMAN STRAIN: Page 3?
COMMISSIONER MURRA Y: I have a question.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: On Policy 1.5, in the sentence watershed management plans will
be undertaken. My note to myself here is that we're speaking about basins, boundaries. Are the boundaries
clearly defined?
MR. CALVERT: Gene Calvert, stormwater management, department of transportation division.
Yes, the boundaries are clearly defined. They were defined in a study, master plan study that was
completed in the 1990's.
COMMISSIONER MURRAY: Thank you.
MR. VAN LENGEN: Kris Van Lengen for the record.
Also, I believe that those boundaries will be subject to further review as different agencies get
together and resolve certain boundary discrepancies between state and local agencies.
COMMISSIONER MURRAY: I would expect that. And this information, is it a record retained by
stormwater management, is it a map, is it an atlas, is it -- what format is used?
MR. CAL VERT: It's a series of maps. We have both the larger scale maps within the plan, as well
as an atlas.
COMMISSIONER MURRAY: That's part of the operational norm of the organization?
MR. CALVERT: Yes, sir.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay, question -- anything on Page 4?
COMMISSIONER MURRAY: I do.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Again, on Policy 2.1, my note to myself here, we're speaking about
if warranted, and my note is requires a decision, if so, by whom?
The level of service would be modified. I mean, at what level is that done? Where is that? Is that
an operational norm as well, or is that a group of people, a council? How is that done?
MR. CAL VERT: The level of service is actually utilized two different ways. One is in the
development of -- in the approval permit process for new development, new housing, new subdivision, new
PUDs.
The other level of service is we utilize it. The other way that we use a level of service is
Page 24
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March 30,2006
determining the scope of a project we might be implementing, a capital project. Certainly if we look at a
level of service A, maybe it is really cost prohibitive doing something like that. It's really an older design,
if you will.
So when we look at levels of service, what's listed in here as C and D, what we're trying to do is
maintain a balance of keeping the water quality up, as well as not flooding homes and damaging -- now,
there will be flooding in the area, but we're trying to keep the dmnages down from flooding of the homes.
COMMISSIONER MURRAY: What brought that to mind was at the BOCC, there was a lady who
stood at that podium there and had a real serious problem with swale. And it appeared that because it went
back many years, that there wasn't a coordination of effort to realize that this could be prevented.
So I'm just wondering if we need to expand out into other parties in order to make sure that we
catch it all, so to speak.
MR. CALVERT: Certainly it's a joint effort right now between our department, the stormwater
that's concerned with capital projects, as well as the CDS, which is concerned with the approval process for
new development. It's kind of a shared responsibility oflooking at those issues.
COMMISSIONER MURRAY: Thank you, Gene.
CHAIRMAN STRAIN: David?
MR. WEEKS: Mr. Murray, just to further comment, the policy references the level of service
standards being changed. And as the policy goes on to explain, those level of service standards both exist
in specific ordinances as well as within this element itself. So if a change is warranted, it will have to go
through a public hearing process.
COMMISSIONER MURRAY: Good, thank you.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Gene, are we going to try to stop this flooding, or are we just
going to have to let it go?
MR. CALVERT: Are you talking about the watershed management plan?
COMMISSIONER ADELSTEIN: Yes.
MR. CALVERT: What we're trying to do right now, we're working with CDS to develop a process
by how we're going to obtain these goals. Certainly the recommendation from the Planning Commission
here is looking at completing these watershed master plans by year 2010, I believe it is, 2010.
We're trying to develop a process of how we're going to obtain it. Can we obtain it by 2010? I don't
know. It's going to be tough. Are we going to try? Yeah, we're going to try.
CHAIRMAN STRAIN: Okay. Next page would be Page 5?
(No response)
CHAIRMAN STRAIN: Page 6?
(No response)
CHAIRMAN STRAIN: Page 17
COMMISSIONER MURRAY: Could I just go back to 6?
CHAIRMAN STRAIN: Sure.
COMMISSIONER MURRAY: Minor point, I suspect. Policy 3.4. That sentence, I think, Mr.
Weeks, or whomever, county improvements to existing drainage facilities shall be given major emphasis.
Does that make more sense than shall give?
COMMISSIONER ADELSTEIN: Yes.
MR. V AN LENGEN: Kris Van Lengen.
I believe that would be a grammatical improvement.
COMMISSIONER MURRAY: Just a suggestion,
CHAIRMAN STRAIN: Page 17
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March 30,2006
(No response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
(No response)
CHAIRMAN STRAIN: That's the end of the drainage sub-element.
Is there a motion to recommend approval for the sub-element with the changes made by staff and
the changes discussed at today's meeting?
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Move made by Commissioner Adelstein, seconded by Commissioner
Murray.
Any discussion?
(No response)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Nobody opposed. Motion carries 8-0.
For the court reporter, we'll take a break at 10: 15.
Solid waste sub-element would be the next element in our books.
Randy, I failed to ask you earlier, but nobody rose up and protested, so I'm assuming we didn't have
any public speakers up til now.
MR. COHEN: We only have one speaker for this particular element.
CHAIRMAN STRAIN: Okay. As we start each element, if you could point out in the beginning of
the element that we have a speaker, then I'll know by the end to at least fit the person in. Thank you.
Page 1, any questions?
COMMISSIONER SCHIFFER: I have one.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And it's actually before Page 1. The table of contents, we can't
seem to get that fixed. Would you fix that? In other words, the table of contents that's now in there shows
13 pages; there's only five. It references things that have been long ago melded into different parts of the __
MR. GRAMATGES: Phil Gramatges, Public Utilities Engineering.
We'll certainly look into that and we'll correct it as necessary.
COMMISSIONER SCHIFFER: That's the third time we've looked into it. I mean, I have it here if
you want to see what the bad one looks like.
MR. GRAMATGES: I'm sure that Kris has a copy, thank you.
CHAIRMAN STRAIN: Anything else on Page I?
(No response)
CHAIRMAN STRAIN: Page 2?
Phil, I have a question on Page 2, Policy lA. And this is going to be consistent in a couple of other
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March 1, ~J, 1
references. I think there were two others in the SaIne element.
Your added language says and/or public workshops. The or bothers me, because basically it doesn't
change anything. And I would suggest to you that we'd be better served by crossing out the word or and
just saying advertised public meetings and public workshops.
MR. GRAMATGES: The reason why we made this change, Mr. Chairman, is because we didn't
want to force ourselves to have both at the same time. In some cases a workshop will work better than a
public hearing, or vice versa. We felt that if we kept" and" there instead of " and/or," we would be pretty
much forced to have both every time we had an issue that needed to be discussed. And that's the reason for
this.
CHAIRMAN STRAIN: What do you see as the difference between a public meeting and a public
workshop?
MR. GRAMATGES: In my own view, a public meeting would be one in which we sit around the
table and we try to discuss issues.
A public workshop would include a lot more presentations and a lot more details, specifically, in
my mind, technical details. That's my own personal opinion.
CHAIRMAN STRAIN: Is there a change or a difference in the public participation in either one of
those?
MR. GRAMA TGES: I believe that the SaIne public will participate. I believe that the aInount of
time and the aInount of effort will be different. And I believe that the information communicated would be
slightly more technical in one than the other. And once again, this is my own personal opinion.
CHAIRMAN STRAIN: Well, I'm more concerned, not if the SaIne public would participate in each
one, but the level of their participation.
Can they participate more in a public meeting, or can they participate more in a public workshop?
Is there a difference there at all?
MR. COHEN: Mr. Chairman, it's probably more appropriate for Ms. Student to weigh in on this
particular item.
MS. STUDENT -STIRLING: I think I have a little different take on the language. And then --
advertise public meeting to me means like a Board of County Commission meeting or a Planning
Commission hearing that's advertised and there's public -- obviously an opportunity for the public to come
and comment.
A workshop is also -- it's not advertised, but it's posted. And the public knows -- and sometimes
they're advertised, too. And the public also is aware that they can come and make comments. So I think I
don't think the public. involvement is any different.
But to my mind, in an advertised public meeting you have a decision being made, a formal decision
where you need a quorum and so forth.
And in a public workshop direction's given for staff to come back with something at a public
meeting, advertised public meeting. But a workshop is just that, it's a workshop.
So I think there is a distinction, but I do believe that the public input is the SaIne for both.
CHAIRMAN STRAIN: Well, that's what my goal is, to make sure that public input is available for
both. And with that, I'll defer my comment.
Mr. Murray?
COMMISSIONER MURRAY: Yeah, It occurs to me -- and that's an interesting distinction that is
drawn. It occurs that in certain situations where some members ofthe public might be frustrated by some
of the objectives of a given department, you can have a workshop, it will satisfy the intent of this statement,
but it would leave them hanging in -- that information, where is it then reported, back to the BCC or the
CCPC, or whatever appropriate organization?
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March 30, 2006
What I'm saying is will we have an effective and adequate representation of that information back
to both the specific organization and the oversight committees, the advisory boards so as to help the public
be assured that their input is taken seriously and brought into the process effectively?
MR. GRAMA TGES: I don't know if I fully understand your question, forgive me, but are you
suggesting that if we have a public workshop without a public meeting that there would not be appropriate
action for the information given? Are you suggesting that we should keep both?
COMMISSIONER MURRAY: No, I'm asking a question that intends to provoke that. In other
words, do they both have the SaIne weight? A workshop, a public meeting, do they have the SaIne weight?
If they have the same weight, it would seem to me meeting is sufficient and you determine whether or not it
should be a workshop format or what is commonly done as a nim (phonetic), I guess, where a presentation
is made.
In other words, are we splitting hairs? Do we really want to make that point about a workshop?
MR. GRAMA TGES: Well, I would say that no, they don't carry the same weight. But then there
are some items that probably are not necessary to bring all the way up to a meeting such as this, that could
be resolved without going to that extreme.
COMMISSIONER MURRAY: And that's fine. I'm not looking to have it unless -- my concern
would be if there is a situation where the public is offended, I'll use that word, by what the intent of a given
organization of county government wants to achieve, do they have the means, is that an adequate means, to
make sure their words are understood and heard? If not, they'll be at the BCC or the CCPC anyway.
And I'm just asking, are we really creating a question by adding and/or workshop? A meeting __ if
they don't have the SaIne weight, then you do have an option on how far you go with that information to
whomever. And either it has meaning or it doesn't.
CHAIRMAN STRAIN: Before you go too far, Ms. Student may want to weigh in on this.
MS. STUDENT-STIRLING: Yes, thank you.
I again will state what I interpret this to mean. And the advertised public meeting would be like a
Board of County Commission meeting. And your County Manager could have an item on his agenda or
there could -- where you would talk about an issue with solid waste management. It would be under
County Manager on his part of the agenda.
So -- because when you say advertised public meeting, that to me doesn't mean some meeting that
county staff has. That's a term of art for the legal profession. So to me that means a County Commission
meeting.
And then public workshops, you could have a workshop on waste management issues where
direction -- with the board. Perhaps we've even had -- we've had quite a few workshops; we've maybe even
had such a workshop -- where they give direction for staff to do something and bring it back to them at a
board meeting.
So to me it seems like the way it's worded would be appropriate, because you might have a
workshop, but you don't have to have one. So that's where the "or" comes in. But it seems to me that you
do have the necessity to have the issue discussed at a public meeting.
COMMISSIONER MURRAY: Thank you, Mmjorie. I understand where you're coming from.
And I'm not trying to create more. But I attended a meeting one time, that it was -- I believe it was to __ I'm
trying to remember the detail, but it had to do with water and it had to do with a community area that this
meeting was publicly advertised, but it was very preliminary. It was intending to say that sometime in the
future we're going to come in possibly and we may do this, this or this. And I wondered if it satisfied the
public meeting.
Nothing CaIne of that except a lot of aIllloyance from an audience who didn't understand what was
being asked of them and began objecting simply because they had no real-- nothing to work from.
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March 30, 2006
So I'm wondering if we're achieving what we intend. And I'll stop right there. I'll leave it with that.
MS. STUDENT-STIRLING: I think maybe if we just perhaps changed it to say such issues be
addressed in duly noticed public meetings, I think that kind of captures everything.
COMMISSIONER MURRAY: I would agree. That's where I'm coming from.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: If! may, for clarification.
Margie then, with your addition, would that include the deletion of the phrase and/or public
workshop?
MS. STUDENT-STIRLING: And just say duly noticed public meetings. And the intent of that
would mean either posting or advertising, and public meeting could encompass a workshop, a BCC
meeting or any other kind of meeting.
MR. WEEKS: Thank you for that. That's what I wanted to make sure -- I wanted to know if this
would include a stafflevel meeting, which I believe is what Mr. Murray was making reference to, not a
County Commission meeting of any type in which -- similar to what transportation --
MS. STUDENT-STIRLING: Right. And that's why I say noticed is intended to encompass the
term advertised, if necessary, or posting, as we would do for some of these other meetings.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: I'll take your comments when we finish. I understand this is an issue--
just trust me.
MR. KRASOWSKI: I just wanted, before you come to conclusion on this --
CHAIRMAN STRAIN: We are. I'll get to you at the end ofthe discussion.
MR. GRAMA TGES: Mr. Chairman, if! may, I'd like to ask for some clarification here.
Our intention would be to communicate with the public in order to get public input before we make
a decision. I trust that what we are suggesting as far as the language change here does not preclude us from
doing this before we go to a decision by the Board of County Commissioners or this board.
CHAIRMAN STRAIN: I would hope not.
MS. STUDENT -STIRLING: It's to be all inclusive. So by saying duly noticed public meetings,
that's to include any kind of meeting that you might have. And the term duly noticed also includes
advertised, if that's necessary.
MR. V ANLENGEN: Excuse me, Kris Van Lengen. If I could jump into the fray a second. I have
some concerns as well, really, in terms of over-inclusiveness here.
The policy refers to all such issues, meaning all such management issues, shall be addressed in
public or open forums. Where do you draw the line in terms of all management issues?
MS. STUDENT-STIRLING: I don't take that to mean like the management. I think that means
solid waste -- the term of art solid waste management.
MR. VAN LENGEN: Well, the management of any division or department.
MS. STUDENT -STIRLING: I don't think it means the day-to-day management ofthe operation, I
think it means solid waste management --
MR. VAN LENGEN: That's my concern.
MS. STUDENT -STIRLING: -- of how you deal with the disposition of solid waste and how that's
managed, but not the day-to-day operations of the --
MR. VAN LENGEN: Can we work in some exclusionary language for that?
CHAIRMAN STRAIN: Well, yes. And let's finish discussing it, and then before we vote on this
and after we hear the public speakers, you'll have some time in the next five or 10 minutes maybe to come
up with some suggestions.
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Mr. Murray?
COMMISSIONER MURRAY: It would seem to me that if you're at the level where you need to
have a public hearing, all of your management objectives have been reached to that point and all of the
preceding activities are all staff oriented, bringing that matter to the point where a public meeting is
necessary. You should be at fruition point or near it.
So I would think that -- I would hope that no one would assume that they would come and sit with
you as you're developing policies and procedures.
MR. VAN LENGEN: That's what I'm hoping as well. I'm just concerned that the language of this
particular policy as written may provide that type of wedge into the door.
COMMISSIONER MURRAY: And I understand. My only concern was I thought that within the
purview of the given organization, having a meeting, as long as it was duly noticed and it's a public
meeting, it's your decision as to what type it should be as to be most effective with the interchange of the
public.
CHAIRMAN STRAIN: Kris, we're going to move on to the next few pages, and there's going to be
other instances where this issue comes up. If you can't finish it before the break but after the break, at the
latest suggest some language that would clean it up a little bit. Then we can get done with this element at
that point.
Anything on Page 3?
COMMISSIONER MIDNEY: Yes, sir.
CHAIRMAN STRAIN: Mr. Midney first, then Mr. Murray.
COMMISSIONER MIDNEY: On Page 3, Policy 1.44. The sentence for where it says explore
emerging conversion technologies that would allow for continued solid waste disposal operations within
Collier County.
I would like to suggest that we add eliminate consideration of any conversion technologies that emit
pollution.
We discussed that the last time, but it didn't make it into this draft.
COMMISSIONER MURRAY: And Mr. Chairman?
CHAIRMAN STRAIN: Yes, Commissioner Murray?
COMMISSIONER MURRAY: My note was exclusive of burning, which I think is what
Commissioner Midney is relating to. So I think we both agree.
COMMISSIONER MIDNEY: Yeah, burning would be the pollution emitting __
CHAIRMAN STRAIN: Well, I think Mr. Midney's actually is more encompassing. By throwing
in the word pollution, that keeps us to be a much cleaner, environmentally friendly place.
phil, you got any comments on that?
MR. GRAMA TGES: Yeah, I do. I think that anything we do that has to do with the disposal of
waste could conceivably produce some sort of pollution.
I mean, once again, we're getting into a subjective area, in my opinion. Even if you get a piece of
equipment to work in a solid waste site, in order to move material from one place to the other you're
emitting some sort of pollution by just doing that.
I don't see how you can eliminate pollution altogether. All you're doing as far as solid waste is
concerned is taking pollution that exists at the curb site and taking it to a place where it can be controlled.
So I would hesitate to say something as restrictive as that, unless we can provide some limits.
COMMISSIONER MIDNEY: I think burning would be acceptable to me.
CHAIRMAN STRAIN: Okay, Commissioner Murray?
COMMISSIONER MURRAY: I was going to say exclusive of pyrolysis then.
CHAIRMAN STRAIN: Exclusive of what?
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COMMISSIONER MURRAY: Burning.
CHAIRMAN STRAIN: Thank you, Bob. You got me there.
So exclusive of any burning technologies. Will that work for the language, Phil?
MR. GRAMATGES: Well, once again, I believe that one of the commissioners at one time
suggested some technology that included some laser technology. We studied it, we determined that it was
at this time the technology was not advanced enough for us to utilize.
I mean, I can understand the concern about burning trash and creating pollution by doing that. That
is an issue that many communities are concerned about, and obviously we are as well.
There may be some technologies in the future that would enable us to do pyrolysis and not create
pollution, at least not create pollution to a non-acceptable level.
So once again, my concern would be that that language would be quite restrictive unnecessarily.
Let me state that the county at this time is not contemplating any burning of trash in its master plan.
However, I believe that if we include this language, we may be sort of painting ourselves into a corner if
some technology should become available that would enable us to do that without creating undue harm.
CHAIRMAN STRAIN: If you were to find a -- say a laser technology that was cleaner and
provided the protection that anybody needed, just for you to implement that prograIn in Collier County,
would it take you less than a year?
MR. GRAMA TGES: No, of course not.
CHAIRMAN STRAIN: Right. So that means even if you did find that and we changed the
program right now to recommend using exclusive of any burning technologies, if you found one that did
prove to meet the thresholds of safety and of pollution that everybody would be comfortable with, it's just a
simple matter of changing this GMP, which we do twice a year.
So I think it doesn't eliminate the idea, but it does discourage the idea until something very good,
very safe or very clean is found.
COMMISSIONER MURRAY: Thank you, Mr. Chairman. Because quite frankly, if it cannot be
sustained now, that this forum does -- if it does produce the particulate that we know it does, it does
pollute, when the technology reaches that point, we'll have more than enough time to overcome that.
But I think it's an important statement to make if we agree as a county that we want to keep the air
clean, to avoid having that in there.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. As stated, it says that they shall explore the possible
emerging conversions. And I think that gives staff a broad range in which to look, it does not limit their
horizon. The exploration in itself could conclude in a result that we did not want burning without having it
stipulated specifically there shall be no burning. I think we should leave it as it is.
CHAIRMAN STRAIN: Okay. Any other comments on this issue?
(No response)
CHAIRMAN STRAIN: Okay, we need a consensus of the board. Myself, I think that adding the
language exclusive of any burning technologies is a good signal to the environment. I don't see anything
wrong with that. I don't see why anybody would object to it.
But seeing as that may be, is there a concern -- is there a consensus on the board as far as the
language goes?
(N 0 response)
CHAIRMAN STRAIN: All those in favor of adding the language exclusive of any burning
technologies, please signify by raising your hand.
COMMISSIONER SCHIFFER: (Raises hand)
COMMISSIONER MURRAY: (Raises hand)
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COMMISSIONER ADELSTEIN: (Raises hand)
COMMISSIONER CARON: (Raises hand)
COMMISSIONER TUFF: (Raises hand)
COMMISSIONER MIDNEY: (Raises hand)
CHAIRMAN STRAIN: (Raises hand)
One, two, three, four, five, six, seven in favor.
Mr. Kolflat in favor?
COMMISSIONER KOLFLA T: No.
CHAIRMAN STRAIN: Mr. Kolflat's against. Anybody else against?
(N 0 response)
CHAIRMAN STRAIN: Okay. So it looks like the consensus is that that language be added as a
recommendation on number four, David.
Anything else on Page 3?
(No response)
CHAIRMAN STRAIN: On Page 4, Policy 2.7, Kris is going to have to have your same direction in
regards to and/or public workshops.
MR. VAN LENGEN: Understood.
CHAIRMAN STRAIN: Anything else on Page 4?
(No response)
CHAIRMAN STRAIN: On Page 5?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Yes, Mr. Murray.
COMMISSIONER MURRAY: Under Policy 1.2, that new sentence there, I have to be honest, I'm
confused as to how it fits. The county shall continue investigation and implementation of cost-saving
measures for county disposal operations. Currently a methane gas collection program is in operation. The
county shall evaluate other measures, including landfill mining, as new technologies and practices emerge.
Each of those sentences have their own meaning--
CHAIRMAN STRAIN: You're too close to him. You've got to slow down a little bit.
COMMISSIONER MURRA Y: What am I doing?
CHAIRMAN STRAIN: You've got to slow down a little bit. She's having a hard time getting your
COMMISSIONER MURRAY: I apologize. I don't want to make your work tougher. Would you
like me to repeat that?
THE COURT REPORTER: No, but thank you.
COMMISSIONER MURRAY: My question is, each of those sentences on their own merit have
weight, but I couldn't for the life of me figure out where we were going with it as a paragraph.
MR. VAN LENGEN: It was an attempt at redraft on my part following comments from our last
Planning Commission meeting, trying to implement the idea that landfill mining might still be considered,
although it's not currently a technology used. And there was some county pride involved in the fact that
that had been a landmark effort at one time.
COMMISSIONER MURRAY: Okay. But please help me to understand how a methane gas
collection program is in operation, how that relates to that. Because that's what threw me. Or does it?
MR. VAN LENGEN: Well, it's the continuation of investigation and implementation. I suppose
we could take that out.
COMMISSIONER MURRAY: Is that a parenthetical? Isn't that really a parenthetical to what you
were attempting to say?
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MR. VAN LENGEN: Yeah, I think you're right.
COMMISSIONER MURRAY: Okay. Maybe as a tag with a parenthetical, it might make more
order to it.
MR. VAN LENGEN: Okay.
CHAIRMAN STRAIN: Okay, so strike that second sentence, is that what the suggestion is?
COMMISSIONER MURRAY: No, I thought ifit has relevance, which it's almost like a caveat,
currently there's a methane progrmn, so if you start burrowing, then be careful. If! understand that
correctly. So if you were to take that sentence and bring it to the bottom and make it a parenthetical, then it
has more meaning, I think. And you agreed with me.
MR. VAN LENGEN: I think there's no objection on that.
CHAIRMAN STRAIN: Okay, thank you.
Policy 3.3. Kris, that's a rewrite for one you're working on?
MR. VAN LENGEN: Correct.
CHAIRMAN STRAIN: Okay. Any other questions in this element before we go to public
speakers?
Okay. Mr. Cohen, I think we have one public speaker, and I bet it's Bob Krasowski.
MR. COHEN: The first public speaker is Bob Krasowski.
CHAIRMAN STRAIN: Bob, before you start, prior to the last meeting, I recommended strongly
that if you have any lengthy literature to distribute to us ahead of time, I know you distributed this this
morning, so I want to be honest, I have not had time to read it.
And then the other thing is I've got to limit you to 10 minutes of discussion only.
MR. KRASOWSKI: Okay. That's all just very fine.
But the reason I passed this document up, which was just for you to look at at a later time. It's a
very rough draft. It just gives an indication of how the solid waste sub-element might be organized. And
then there are my ideas, you know, things we've discussed before, stuck in there. But it's just a matter of
providing that for you.
COMMISSIONER SCHIFFER: Bob, Commissioner Kolflat and I don't have a copy of that.
MR. KRASOWSKI: Okay. I handed it out at the beginning, but you weren't here. I have one. I'll
give it to you after.
COMMISSIONER MURRAY: There's a copy here.
MR. KRASOWSKI: Okay, there we go. And I'll provide -- I have an extra one, I'll provide
whoever wasn't here at the beginning with one.
I understand you've been through this, and you're busy, you have things to do. There's a couple of
issues, though, I'd like to touch on, after reading through what has been modified.
As far as these meetings go, okay, there is at least in my understanding a distinct difference between
meetings and workshops. Usually meetings are very formal, they involve a board, whether it's you or the
commissioners or the environmental advisory council with specific agenda and a specific structure as you
move through an agenda.
Whereas workshops, oftentimes you'll see the commissioners sitting down here and they'll have
different public and the department heads discussing issues. No decisions are to be made, no votes are to
be taken at that workshop. Just sort oflike a brainstorming session. And then the public's out here, and
sometimes the public will sit at the table, sometimes they'll just make comments of three, five, 10 minutes
or whatever, but it's much more relaxed. And oftentimes in the past we've brought in experts from outside.
And what I'm suggesting is that the workshop be part of this process. Often what happens now is
like, example yesterday, the solid waste department cmne forward with a solid waste park, management
park, that they want to put near the landfill.
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Now, there are a number of things in my estimation that were wrong with that design. Like, for
example, the landfill is a long rectangular area that goes north ofI-75 to the north, and the road to the
landfill goes right through the center where you have cells on either side.
Well, the resource re -- the solid waste park they're talking about doing is north of that. And as they
develop that, they're going to go there through that road. Well, eventually as we fill that landfill, that center
road is supposed to become a new cell and we're going to fill that, so it will block the way to the solid
waste recovery park.
I don't know if they even considered getting the land next to the landfill, which is available, and
trading it for the place that -- where they're going to put it that abuts private properties and residential areas.
But -- so the point on the meetings and the workshops is prior to their getting rolling on something,
we don't want to micromanage the day-to-day development of management ofthe department, but before
they come up with ideas, the solid waste department, that will eventually impact how things are done in
Collier County, what we pay for, what we will experience in terms of pollution or non-pollution, they
should have a full input from the community, because we're being impacted. There's too much of a
separation between this government entity and the public.
And I think some of the reason there is is because they don't agree with -- they have an agenda and
they'd rather see it go that way than the other way.
So that's what I'm looking for in terms of -- and that would be so that the solid waste department
can discuss what they're interested in achieving. They want to do a solid waste resource recovery park. We
should be involved in the discussion on the design, okay? So I'm -- so that's the one point. And that's in
1.4, I believe.
In 2.4, the -- you've dealt with that, and I agree with what your language is as far as conversion
technologies. It's better to take the position you've taken. If people want to come back and change that,
they can come back and change it. But I would suggest before they even came back to change it, you'd
have a workshop and people would be able to discuss the effects of the different options that were at that
time.
Then I have one or two small things. Okay, then like here in your -- you're planners, and you've __ in
order to do an effective efficient job, you have to have as much information as possible. And that just goes
right back to what I've been saying, in asking the workshops -- I would even maybe suggest that at some
point in time, because you're in your position, that you have a workshop on this solid waste management
Issue.
And I tell you, I was really -- I was going to tell you that I couldn't support this element at all, but
from what you've done today, I think I can.
But there's one thing that's really missing, and that is in -- I think it's 3.1 -- yes, 3.1 here, it lists the
different things that -- as far as recycling and stufflike that that you want the county to do.
There's no program for waste reduction identified in here. And I'll tell you, you can recycle a lot of
things. We can compost a lot of things. And there's other ways to manage everything in the waste stream.
But we really have to look at waste reduction strategies, or many of them, and start implementing them in
the county.
Tomorrow's not going to be like yesterday. We've lived in a bubble here for a certain period oftime
in history where we've had, you know, cheap oil and energy, and we're really moving out of that. And
we've reached peak oil. I don't know if some of you are faIniliar with that term, but the production of oil
throughout the world is maximized now.
And what's going to happen is with the accelerated use of that resource, energy resource, as the
supply slowly diminishes, the people's need for it is not going to -- so all sorts of problems result from that.
But we have alternatives. We have coal. But in the State of Florida, we have solar, wind and those kind of
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things. And this isn't pie-in-the-sky futuristic thinking, it is reality, and we have choices to make.
So everything produced in society uses energy to make it. And we're thinking of putting it in a
landfill or burning it and just using it that one time. That's got to stop. That's going to stop.
So I'm glad to see what you did in terms of the conversion technologies, because they enable that
wasting one-use time, materials, then burn it up and it's done, which requires extraction of more and more
and more resource materials to get what you just got rid of, to make another of what you just burned up or
whatever.
So, you know, with saying that, I think, you know, if we move forward on the conversion element,
do no harm would be -- that's a theory that a lot of people use. We don't want to pollute.
There is no conversion technology, and that's burners, okay -- there are no burning conversion
technologies that don't pollute, okay, that doesn't exist now. If they come up with one, fine, we can look at
it. There are conversion technologies that internally compost and give you gas to burn, you can get some
energy from it. And there's water uses to separate materials. So there's a lot of that, and they can look at
that.
And that's about it for me. I appreciate your listening to my comments and my ramblings on.
CHAIRMAN STRAIN: Bob, first of all, I like your philosophy, and I think if worldwide we did
something like that we'd be even better off. But I also know we have a bureaucracy to fight, and that's
sometimes hard to do.
I encourage you to keep standing up like you do, but I do need an example from you. You said
programs for waste reduction. Can you give us some examples of what you meant by that?
MR. KRASOWSKI: Okay. Waste reduction would be you'd go to a company and they would be
producing a lot of paper waste or garbage, cardboard or something like that. Now, we'd recycle most of the
cardboard. But an example, one example that comes to me now is in California the Target stores were
importing clothing directly from China, and the manufacturers were putting a piece of paper in between
each article, an item. So all they had to do when they looked at it, to call their manufacturers and tell them
it's not necessary to put paper between each -- and mountains and mountains of paper were then no longer
being shipped.
Sometimes if you just make the smallest effort, things can be -- reductions can be experienced.
Another quick example. I believe it was in the mid-Eighties, American homebuilders used to have
a schematic that required the use of the materials that were provided to build a home, so when the job
foreman CaIne in, he would have to put those all in place in the right way. Ifhe didn't, ifhe had to go buy
other materials, it came out of his profitability. And I, as carpenter at those times, when you would go to
those job sites, the dumpsters were almost empty, because there was such a restriction on the proper use of
the materials that arrived to be placed and people weren't just cutting things up haphazardly.
We can work in each independent section of the economy and look for stufflike this. And I think
we could be real productive as far as reducing waste.
CHAIRMAN STRAIN: Thank you. And Mr. Schiffer I think had a question.
COMMISSIONER SCHIFFER: Just comment. Development services has an advisory council.
Does solid waste have a public advisory council?
MR. KRASOWSKI: I don't think at this time. There had been things in the past. It would be a
really good idea. Because all we're looking to do is just -- we're knowledgeable, we're experienced, we
know about these things over the years -- to integrate our information with theirs and make a better product
for everybody.
COMMISSIONER SCHIFFER: Is this the appropriate place to support something like that?
CHAIRMAN STRAIN: I think that -- I'd make a note, I think that's something we ought to discuss.
Because it goes farther than just solid waste in regards to that entire department. I'm wondering if there's a
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utilities division advisory council overall, because of all of the divisions we've dealt with, there are more
questions in a lot of ways there and less understanding of what's going on there. And maybe a citizens'
advisory committee would be something we should consider as a recommendation for the utility
department. That way everything is more exposed to the public.
MR. KRASOWSKI: Yeah. And it gives them a heads up at what the concerns would be in the
public and an opportunity to avoid any, you know, head butting type of situation.
CHAIRMAN STRAIN: Thank you, Bob.
MR. KRASOWSKI: Thank you, again. And I'll send you more about the waste reduction thing.
CHAIRMAN STRAIN: Please do.
MR. KRASOWSKI: There's a lot of information on it.
CHAIRMAN STRAIN: Okay, we're going to be further discussing this issue when we come back
from the break at 10:30.
With that, we'll take a break right now. Thank you.
(Brief recess)
(Commissioner Midney is not present)
CHAIRMAN STRAIN: Okay, thank you. Figure out how to get the mic on again. There we go,
thank you.
We're going to go back and refresh or take a look at a couple more issues of the solid waste
sub-element. And the first thing I'd like to go back to is Kris, you were going to look at some suggested
language for Policy 1.4,2.7 and 3.3, if I'm not mistaken.
MR. VAN LENGEN: Mr. Chairman, let's start with Policy 1.4.
CHAIRMAN STRAIN: Okay.
MR. VAN LENGEN: The suggestion we CaIne up with is this: The county shall ensure public
awareness and participation in solid waste issues by addressing such issues in duly noticed public meetings.
One of the things removed there is the word management. I have a great deal of concern that
management is so over-inclusive in terms of the content that could be covered.
CHAIRMAN STRAIN: And I don't have a problem with that. The concept, though, is that you're
going to address issues in duly noticed public meetings. And the number of meetings that transpire from
that will basically then be set by the implementation of policies within the department; is that __
MR. VAN LENGEN: Or at the direction ofthe Board of County Commissioners.
CHAIRMAN STRAIN: That's where I was going next. So ifthe policies within the utility
department are not conducive to enough public participation, the public, by this language being in the
GMP, can appeal to the BCC to set policy that allows them more access.
MR. VAN LENGEN: I would agree.
CHAIRMAN STRAIN: Okay. Well, I think that does get us where we want to go. And it does
avoid putting too much requirement in the GMP that doesn't allow the flexibility needed if the BCC feels
it's adequate to have that flexibility.
So I like the language you're suggesting. Anybody else?
COMMISSIONER MURRAY: Yep.
CHAIRMAN STRAIN: How about those other two policies, are you looking at similar language
for those?
MR. VAN LENGEN: 2.4; is that what -_
CHAIRMAN STRAIN: 2.7.
MR. VAN LENGEN: -- we're looking at, we're referring to? It's 2.7.
CHAIRMAN STRAIN: It's 2.7. The language you just talked about. Everywhere there's a public
meeting workshop referenced in this paragraph, I'm assuming would be rewritten like we just spoke.
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MR. GRAMA TGES: Yes. Phil Gramatges, Public Utilities.
Yes, the idea would be to use the SaIne language consistently, to modify those accordingly. We
didn't have time to go into each one ofthem, but we'll do that.
CHAIRMAN STRAIN: I understand.
Phil, you might want to spell your last name for the young lady here.
MR. GRAMATGES: I gave her my business card.
CHAIRMAN STRAIN: Excellent. Thank you.
Burning technologies, we already talked about that. I don't think there's any needed comment on
that.
I do want to ask you, on Policy 3.1, if we were to add a letter E, as a suggestion, with the language
continue to explore programs for waste reduction, do you have any problem with that?
MR. V AN LENGEN: I think that's an excellent suggestion.
CHAIRMAN STRAIN: It's Mr. Krasowski's indirectly, but I think that was a good idea to have in
our EAR.
MR. GRAMATGES: Absolutely. I don't have any objection to that.
CHAIRMAN STRAIN: Anybody on the panel?
(No response)
CHAIRMAN STRAIN: Great. Thank you.
And the last thing that I have from my notes is that we had -- we've gone through several utility
sub-elements, and it may be appropriate to add something to all of them or just an encompassing
recommendation, if this board feels fit, that the BCC explore the possibility of appointing a utility division
advisory board for all the utility division elements so that the public can become more aware through
interaction with that board, as our other departments ofthis county have similar boards overseeing or
reviewing their actions.
Any comments from the CCPC?
COMMISSIONER ADELSTEIN: Excellent.
COMMISSIONER MURRAY: Yeah, I would be in the affIrmative. Absolutely.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I would. I'm not so sure in the other areas. I certainly think this
area is an important one. There's a lot of stakeholders in the solid waste. I'm not sure storm drainage, I'm
not sure some of that other stuff would have it.
CHAIRMAN STRAIN: I'm saying utility division. That's not storm drainage, that's -- storms are
under transportation, if I'm not mistaken.
COMMISSIONER SCHIFFER: Well, the potable water and the sewage, I'm not so sure. I
definitely think this one does. I mean, this is a republic run by the citizens. We have one citizen who is
very knowledgeable begging to get to the table, so something's not working.
CHAIRMAN STRAIN: Okay. David, with this consensus from this board, would you be able to
put a recommendation on -- a broad utility division recommendation from this panel when you present the
EAR to the BCC?
MR. WEEKS: Yes, we will. We will need to present it as outside the scope ofthe EAR, but as a
separate recommendation of this body.
CHAIRMAN STRAIN: Okay. I appreciate that. Thank you.
Phil, thank you very much. I think we're done with discussions on the solid waste sub-element.
And we would need a motion to recommend approval of the changes we made today, as well as the
changes previously supplied by staff and of the recommendation we have made to staff.
COMMISSIONER SCHIFFER: So moved.
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COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, seconded by Commissioner
Adelstein. Any discussion?
(N 0 response)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Motion carries, one, two, three, four, five, six, 7-0.
Let the record show that Mr. Midney had to leave after the break.
Thank you. We'll move on to the natural groundwater and aquifer recharge sub-element.
Page 1 ?
(No response)
CHAIRMAN STRAIN: Page 2?
COMMISSIONER MURRAY: Let's see.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I've got to read my note here. I have two items, Policy 1.3 and also
Objective 2. But let me go to Policy 1.3. I said here, action not appropriate here was my comment. The
county shall maintain and update data on existing land uses and land use activities that possess the greatest
potential for groundwater contamination.
I'm not really clear, sorry, I apologize, why I took issue with that.
CHAIRMAN STRAIN: I can't help you there, Bob.
COMMISSIONER MURRAY: No, you can't. And I wish -- we go fast, and I'd like to be able to
go really fast.
Let me come down to the other one. On 2.1 the county shall prohibit discharge to sinkholes. Okay,
I know we had talked about this earlier. My question was how.
And I don't really -- it's not that significant. Discharges to sinkholes, I'm visualizing water. And I'm
really not clear what that represents. I know we discussed this, and I don't want to go much further. Maybe
just help me. What do we really mean by discharges?
MR. SMITH: Well, sinkholes for -- Ray Smith, Collier County pollution control director.
Sinkholes in karst situations provide a direct link to the aquifer system. What we're trying to do is
eliminate the potential of a pollutant source discharging and contaIninating the groundwater system. That's
the intent.
COMMISSIONER MURRA Y: Okay. And that makes it clearer for me. I just was struggling with
the discharge part of it. You're standing there with a hose, you know, that was my mental picture.
All right, Mr. Chairman, I apologize for not being able to recollect what 1.3 had as an issue for me.
CHAIRMAN STRAIN: No problem. Ifit comes back to you, you can shout it out, we'll get to it.
MR. VAN LENGEN: I'm sorry, could I make one comment on Page 2 under 1.5? I believe that I
was in error by -- I did double underline a replacement of certain language at the very end of that paragraph,
but failed to remove the strike through. And it will be added back in, because it is in fact a correct
reference.
CHAIRMAN STRAIN: Okay. Thank you.
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March }0~0!61 ·
Page 3?
(N 0 response)
CHAIRMAN STRAIN: Page 4?
(N 0 response)
CHAIRMAN STRAIN: Page 5?
COMMISSIONER MURRAY: Oh, I have one on Page 4.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: On Policy 3.5, I noted -- we had a long discussion about that one,
but I just want to clarify in my mind, we're not currently doing that, are we? Where the October, 1997
thing was, we've now rephrased it, will continue to conduct. I don't have a recollection that we actually
began the process at all. Did we?
MR. V AN LENGEN: I think the reason that language was put in, and Ray may be able to correct
me on this, is that there are a number of groups currently -- that currently exist that encompass those
entities that study all kinds of water issues. And that there's a feeling that to create an additional group
would be somewhat of a governmental redundancy. I think the lower TaIniami aquifer group is one. West
coast water supply plan is one that encompasses all those groups, but there are others as well.
COMMISSIONER MURRAY: Okay. My question is not to, you know, in any way create a
negative view of it, but it is that in fact we are participating. Weare doing it ourselves. And that was what I
was clear -- I wanted to be clear on.
MR. V AN LENGEN: We are meeting with those same entities--
COMMISSIONER MURRAY: Okay, that's --
MR. V AN LENGEN: -- in various levels. And I think the original intention of this was to create a
group, perhaps before those other initiatives commence.
COMMISSIONER MURRAY: I thank you, sir.
CHAIRMAN STRAIN: Page 5?
COMMISSIONER MURRAY: I do as well.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: On 5, at the top, my comment is a continuing basis question. The
county shall implement plans to preserve critical groundwater recharge areas and groundwater resources,
and we spoke about it. And review, evaluate and revise, and we talked about a biennial and so forth, or a
periodic. Would it be inappropriate to have it on a continuing basis, or is that redundant to this whole
thing? I mean, is it clear that we're doing it --
MR. SMITH: Ray Smith, pollution control.
Continually that's something that's automatically occurring. We're protecting the recharge areas
through processes. But as you identify sensitive aquifer recharge areas, that may be a one-time thing that --
or one-time study that you can identify those areas and then control potential pollutant sources, i.e., land
uses that may impact our future water quality needs.
Did I answer your question?
COMMISSIONER MURRAY: You did. But my question really went to the sense ofthe strikeout.
We struck out the biennial schedule, because some recognition was given to the fact that 1988 was
probably a bad year in there. And then we had periodically in here that was introduced and then double
struck. Or is that intended to be there?
MR. SMITH: Well, in the policy Dave's identified, that's been double struck, so that's not there.
COMMISSIONER MURRAY: But I see it as a double struck, meaning that it's out ofthere. So in
other words, we'll review. The next question that came to my mind is okay, when, since you've taken out
biennial and you've taken out periodically, and you think continually -- continuously. I think I remember
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Mar! ~, !0!6
using the words continuously or continually as a question.
I just wondered, if the issue were 1988 and it hadn't been really locked into, do we want to further
excuse ourselves from having to make sure it happens, or are we in fact making it happen and we should be
much more clear than that?
MR. SMITH: I'm open to any language you may want to offer at this particular time.
COMMISSIONER MURRAY: It hasn't gotten that far but we can do that, if the rest of the board
feels that there's merit in that sort of question.
CHAIRMAN STRAIN: Depends on -- I mean, if there's some language that improves it, that's
what we're here to do. If you have a suggestion, Bob.
COMMISSIONER MURRAY: You'd have to give me a moment then to relate to that. I don't
want to hold up the program here.
CHAIRMAN STRAIN: We can drop back to that.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Unless you've got other questions on Page 5. Well-- okay, now we're
dropping back to it. That's the last page.
COMMISSIONER MURRAY: I just -- well, let me just quickly go over the __
COMMISSIONER SCHIFFER: I have a 5, so do my 5 while you work.
COMMISSIONER MURRAY: Oh, you have a question while I work? Thank you.
COMMISSIONER SCHIFFER: You're supposed to work.
At the bottom of Page 5, it's Policy 5.5, I have in my notes that we crossed out allowing small
business to participate -- we crossed out to some extent. I mean, I think we should just allow them to
participate. I don't know what --
MR. SMITH: I think we agreed to that change. I don't know why it's in here, so thank you.
CHAIRMAN STRAIN: Good catch, Brad, thank you. You're right.
COMMISSIONER SCHIFFER: Okay, Bob.
COMMISSIONER MURRAY: I'm just looking here. It's probably -- I don't know, in the world of
let's make it happen here, ifthe original date hadn't been in there, it wouldn't have called my attention to it.
But I guess the language as it is, is the sense of it is the intent to do it. And if no one else can see
that as being an issue, then I'll withdraw that as a question.
I think it probably says what your intent is. And I know you folks work at your job, I mean, that __
so I'm certainly not calling attention to the negative.
CHAIRMAN STRAIN: Well, with that, I would be entertaining a motion to recommend approval
of the NGW AR element, with the changes recommended by staff and discussions today that occurred.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded by?
COMMISSIONER SCHIFFER: I'll second it.
CHAIRMAN STRAIN: Mr. Schiffer.
Any discussion?
(No response)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLAT: Aye.
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CHAIRMAN STRAIN: Aye.
Opposed?
(No response)
CHAIRMAN STRAIN: Motion carries 7-0.
Now we're on to the housing element. And why don't we -- Mr. Cohen, first of all, is there a public
speaker on this element?
MR. COHEN: I do not have any slips at this time, Mr. Chairman.
MR. KRASOWSKI: I'd like to submit one.
CHAIRMAN STRAIN: Not right now.
MR. KRASOWSKI: Not now.
CHAIRMAN STRAIN: Let us get our part of it done, then we'll --
MR. KRASOWSKI: I'm just going to fill out the form.
CHAIRMAN STRAIN: Right, just give it to Randy.
On Page 1 are there any questions?
(No response)
CHAIRMAN STRAIN: On Page 2, I certainly have some.
COMMISSIONER MURRAY: Either one of us can do it, I guess.
I will. All right. In Objective 1, I really thought it was very clear that this board had recommended
1,000 units with 250 each for Marco and the City of Naples to be able to bring on that housing or to
provide a cash equivalent. And I do not see that language in here.
CHAIRMAN STRAIN: I have to agree with you.
Ms. Student?
MS. STUDENT -STIRLING: Marjorie Student-Stirling, again, Assistant County Attorney.
This is our compo plan, and I don't feel -- it's my legal opinion we can't force another local
government not subject to this compo plan to do something. We can, however, put language in there about
pursuing coordination mechanisms like intergovernmental agreements and things like that to do it. But I'm
concerned about imposing this on another jurisdiction.
COMMISSIONER MURRAY: I'm confused, though, if! may just keep it going here. Joint City of
Naples-County policies, I thought this was to consider the totality of our interrelationship with these
municipalities.
MS. STUDENT-STIRLING: Well, as I understand it, and I can get some more information from
staff, the joint -- these joint policies, there are some that are City of Naples policies and some that are
county policies and some that are joint.
And first of all, Everglades City and Marco Island are not included in the joint policies, it's only the
City of Naples that's included.
So I still have the same concerns regarding the City of Marco Island and Everglades City, because
they have their own plans. And the way you do this is through an interlocal agreement.
COMMISSIONER MURRAY: Okay. We know that there are interlocal agreements and we know
also that theire coming up for renewal. And I think it was the intent of this body to make a
recommendation for the BOCC to evaluate perhaps achieving a result more in line with the needs of the
county which serves the city, as well as Marco Island.
MS. STUDENT-STIRLING: But there's all kind--
COMMISSIONER MURRAY: Maybe it's the wrong location; is that what you're saying? Maybe
it's --
MS. STUDENT-STIRLING: There's all kind of interplay -- no, it's the mechanism. Maybe I'm
misunderstanding something, but I feel the appropriate language is to utilize the interlocal agreement
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process for this, because those local governments are sovereign. And in fact, they have their own charter,
which we don't even have. We're not a charter county.
And they have -- because they have their own charters as municipalities in this state, you know, I __
they operate under those charters and by the rules and regulations thereunder.
So I have a concern that we can't impose in our compo plan and force a local government in our
compo plan to do something. But there is a way to get there by interlocal agreement.
COMMISSIONER MURRAY: Okay, my last word on the subject, but I will say to you, as I've
read further within this document, there are statements of imposition on the City of Naples and Marco
Island, I believe. I know on the city, certainly. So that maybe that language has to be qualified because it
does impose -- we can get to them and we'll point them out.
MS. STUDENT-STIRLING: Well, I think that was where there were joint policies that already
existed. But as I understand it, and you can correct me if I'm wrong, I don't know that this has been vetted
through the city, these newer joint policies have been vetted through the city yet.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: No, let me have a turn.
Margie, last time and the way this came up is that we were told that because the City of Marco, City
of Naples rely on the county's housing sub-element to meet the needs and requirements of their growth
management plans, instead of having the same element in theirs, they are contributing, what was it,
$74,000, as an eXaInple, from the City of Marco, a certain percentage of their building fees as their only
contribution to affordable housing within this county. And I think this board unanimously recommended
that is far insufficient to the impacts those communities are having on Collier County.
If they are depending upon our GMP, then it certainly seems like we can put some restriction on
that dependence. If they don't like it they can form their own housing element. If they form their own, I'm
sure it would be more severe than what we have suggested here at this panel at our last meeting.
Do you want to comment on that?
MS. STUDENT-STIRLING: Well, I don't know the extent to which they depend. And I'm going
to have to defer to Cormac on our GMP. Payment of certain amount of building permit fees for affordable
housing is one thing. And, you know, adopting our housing element in their plan is something else. So--
MR. GIBLIN: Cormac Giblin, your Housing and Grants Manager.
I think it would be more correctly stated to say that they depend on those interlocal agreements to
accomplish their own growth management plans or to meet the needs of what would be a housing element
in their own growth management plans. So they depend on those interlocal agreements, which then, you
know, translate into what the county does for affordable housing.
CHAIRMAN STRAIN: Does Marco Island have an interlocal agreement with Collier County?
MR. GIBLIN: Yes, sir.
CHAIRMAN STRAIN: Okay. It's not part of this document?
MR. GIBLIN: No, sir.
CHAIRMAN STRAIN: Okay. Well, I don't want to depend on that interlocal __
MR. GIBLIN: I can qualify that by saying the suggested language in this new Objective 1 looks
like it would make the Marco Island interlocal agreement part of this agreement -- part of this document, or
at least a vehicle to address it.
CHAIRMAN STRAIN: But see, that last sentence that was added by staff, certainly not by us,
provides no -- provides nothing more than what's already in place. I mean, shall pursue, okay, well, they
could just make a phone call and have no, we're not going to do that; okay, well, we pursued it.
And provide some portion of housing units. Well, it could be some portion, $74,000 worth, 10
percent of whatever their current permit fees are. And we could be no better offtoday than we are with
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MarChlo~!~' ·
what -- that language being in there.
So I don't believe that language is sufficient, nor does it meet the intent of what this board
recommended to do.
David?
MR. WEEKS: Couple of comments, Mr. Chairman. The first is that -- and we touched on it
already __ but this is a joint element only with the City of Naples. The other two cities do not have -- this
housing element is not applicable to them. I think it's just been distinguished that we have interlocal
agreements, which is again outside of this GMP with those -- with the cities, I believe all three.
MR. GIBLIN: No, only the City of Naples and the City of Marco Island, not the City of Everglades
City yet.
MR. WEEKS: Thank you.
A question I have is whether it's appropriate in the comprehensive plan to specify the number of
units as the commission had recommended last time. You specifically recommended 250 units for Marco
and 250 units for Naples, or the financial equivalent.
Certainly if that's your recommendation, we will stick that language in. But might it be more
appropriate at the time of pursuing those interlocal agreements or modifications thereto to determine what
the appropriate ratio is? Maybe it should be more, maybe it should be less than 250.
CHAIRMAN STRAIN: Well, if that's the case, then why are we ending up with 10 percent of the
permit fees ifthat's considered appropriate now?
MR. GIBLIN: Commissioner, that is what the board deemed appropriate at the time that that
interlocal was executed, was 10 percent of the building permit fees from the City of Marco Island.
CHAIRMAN STRAIN: Okay. Well, my concern would be that without any suggestion to a
change in that, it may not be any more appropriate than it is today. And I think what it is today is far
insufficient to the ratio or the load that the county residents are carrying for that particular social problem.
And as a result, I mean, I see your increase from 500 to 1,000 units. The only way that I can see us
going to 1,000 units is if we have somebody else participatory in that. And if we want to make the
language we suggested last time subject that interlocal agreements will be entered into, but with a
recommendation, obviously, that the municipality of Marco Island contribute 250 affordable housing units
or the cash equivalent, that the City of Naples contribute 250 affordable units or the cash equivalent, and
then 500 by Collier County.
So basically we're inserting the words interlocal agreements in front of that so that that qualifies it.
Ms. Student?
MS. STUDENT -STIRLING: I have a -- could we say with that goal of that, so through the
interlocal agreement negotiating process it's not tied in?
I do want to remind this board, we had some language that we have litigated over with the City of
Naples about an overpass, and we had the expense oflitigation over that. And I don't -- I would like to try
and avoid any problems with these other cities or possible litigation over plan language again.
And if we make an absolute -- if we just say with the goal, that gives us some tolerances to, you
know, negotiate an interlocal agreement with the goal of achieving and then those numbers.
CHAIRMAN STRAIN: Isn't -- the first sentence says goal one. I mean, isn't this a goal?
MS. STUDENT-STIRLING: Well, the goal is the general language, and this is an objective under
the goal. An objective is a step on how you meet the goal, and the policies are more specific as how you
achieve that objective or step on the way to a goal.
CHAIRMAN STRAIN: Mr. Schiffer had a comment, then Mr. Murray.
COMMISSIONER SCHIFFER: It's kind ofa fix on this thing. What if we added this sentence:
Collier County shall pursue an interlocal agreement between, and mentions the three cities, to require that
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.. II
\
each city provide, based on a percentage of their county population -- that's what I'm adding __ and then
their portion of these housing units or the fmancial equivalent. At least that gives you the direction of what
the intent of the board is.
I mean, I kind ofthink having Marco and Naples provide half of what our goal is isn't fair either.
CHAIRMAN STRAIN: Well, the only problem is it's not a matter of the population of the area
that's generating the workforce housing or the affordable housing, it's the level of quality oflife that the
residents of that area are dictating.
And if you look at Marco Island and if you look at the City of Naples, the value oflands in those
particular municipalities are extremely high. People that buy those homes generally have a lot of service
people working for them, probably a lot more so than the general population of Collier County, who is the
service people that service most of those towns.
So my concern is, Brad, I understand what you're saying, but I don't think that gets us to where we
need to go as far as the true ratio of the need that is generated by those municipalities. Their population
base doesn't signify the need.
COMMISSIONER SCHIFFER: Right. But I don't think you'd ever be able to figure out that ratio.
I mean, if you're saying that half of the affordable housing in this town needs to go to those two
communities and the other halfworks in this community, I don't know how you would ever come to that
conclusion. I certainly know that Marco Island is a major draw.
But I think that the other thing, too is it's not necessarily requiring they provide the housing, it's
requiring the financial equivalent of the housing I think is going to be the solution. And that's going to give
you -- you know, they're going to be in a much stronger position to go to the community and say look, you
know, you've got to come up with your fair share of the population that we need.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, just in consideration of that, the GMP requires that there be
no concentration, okay. And so if two entities can essentially opt out at small dollars, it seems irregular at
best.
So yes, they're going to be in agreement, they will be negotiated. And if the language can be
effectively drawn to make it clear that whether it be 179 in one location and 273 in another, whatever ratio,
as Mr. Weeks brought out, I'm fine with that.
But one thing to my mind is I think -- I believe it belongs in there, maybe legally it doesn't, but I
believe something belongs in here to make it so that it doesn't just hide anymore, that this is not -_ okay, I've
said it.
MS. STUDENT-STIRLING: No, legally, as long as we have the provision about the interlocal
agreement and if we were to say with the goal of this much money or this many units or whatever, that does
give some tolerances for the appropriate local governments to, you know, negotiate.
But this way if they don't enter into an interlocal agreement that does exactly that, then they could
be in violation of the compo plan, so there's an issue there. And there's an issue about tying everybody's
hands before you even get to the table.
So that's why I thought if you put that goal language in, that gives a little wiggle room.
COMMISSIONER MURRAY: Well, our intent was recommend inventory, that was really the
goal.
MS. STUDENT-STIRLING: Understood.
COMMISSIONER MURRAY: Thank you very much.
CHAIRMAN STRAIN: Mr. Weeks?
MR. WEEKS: Mr. Chairman, if! may, I'm putting the pieces together. I could propose a
rewording of this, add a sentence.
Page 44
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March 30, 2006
CHAIRMAN STRAIN: I think you may want to come back with us sometime today with a -- take
some time, you've heard all of our inputs, where we're trying to go. If there's a way to focus on a ratio that
is solid, meaning not necessarily population, but how that population uses the workforce, that might be a
solution. But before the days over, we'll have to come back to this part of this element.
COMMISSIONER SCHIFFER: Mark, let me --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: -- I'm in the queue here somewhere.
Has the county done any studies that show the impact of affordable housing on different types of
development?
MR. GIBLIN: No, sir. You mean as a residential development to generate--
COMMISSIONER SCHIFFER: You know, during the construction, during the life span of the
shopping center, what does that --
MR. GIBLIN: We're undertaking that study right now. It's in process.
COMMISSIONER SCHIFFER: If there's a name for that study, wouldn't that be the appropriate
study to reference here?
MR. GIBLIN: I would call it our linkage fee study, which determines the appropriate housing
demands of different kinds of development.
COMMISSIONER SCHIFFER: And therefore you could go look at Marco Island as a whole and
through that linkage calculation see what demand they cause, versus the city, versus the county.
MR. GIBLIN: Yeah.
COMMISSIONER SCHIFFER: So maybe that, Dave, if you could word that to match that, that
would --
CHAIRMAN STRAIN: Good suggestion. But of course that assumes, though, we're going to pass
the linkage fee, which --
MR. GIBLIN: Well, at least we would have the methodology on hand.
Commissioner, before we leave that one sentence, one final question about the "or financial
equivalent." Do we have any ideas on how to determine financial equivalent or what would be acceptable?
CHAIRMAN STRAIN: Well, I think that's an implementation item. But we have a range of -- we
have a median household income and we have a range needed which people can apply to fall into the
categories needed. I would assume it would come out of some formula using the median income and the
value of a home that we allow based on that median income.
COMMISSIONER MURRAY: Which, Mr. Chairman, has to include all the way up to the 150
percent category.
CHAIRMAN STRAIN: Yes.
COMMISSIONER MURRAY: It's that issue that I raised with you having to do with the new gap,
you know where that applies.
MR. GIBLIN: But in other words, it would not be the price ofa -- an affordable unit is $200,000 or
$150,000. It would not necessarily be that that entire $200,000 is the financial equivalent. It may only be
the difference between what the household can afford and what the marketplace is.
CHAIRMAN STRAIN: Well, if they're not putting the house up and somebody else has to fund
that house, I would think it would be the -- well, one way to look at it, what's the average price of an
affordable home in Collier County?
MR. GIBLIN: An affordable home? Probably around $200,000.
CHAIRMAN STRAIN: Okay. Well, 250 times 200,000. That comes out to a nice round number.
MR. GIBLIN: See, Commissioner, what I'm trying to say is the entire $200,000 doesn't need to be
subsidized to make it affordable to someone at those income levels, only -- they can afford on their own a
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March 30, 2006
\1
;'J',
certain aIllount, and then there's a gap above that to bring them up to the affordable market.
COMMISSIONER CARON: But anything --
MR. GIBLIN: That would be the amount needed.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: But anything above that you might get puts you that much further
ahead.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER CARON: So take a round number and __
COMMISSIONER MURRAY: Cormac, the interlocal agreement, if you're familiar with it, does it
give you any help in that area or any bases in that agreement?
MR. GIBLIN: No.
COMMISSIONER MURRAY: Apparently not.
So you're on new territory, you can strike out boldly. Okay.
CHAIRMAN STRAIN: Star Wars.
Well, let's move on while staff works on that one paragraph.
Any other questions on Page 2?
COMMISSIONER MURRA Y: Yes, I have one.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: 1.3.
Just a question here, after the first sentence, Cormac, it says the local jurisdiction will evaluate a
broad range of options. By that I assume you mean the city?
MR. GIBLIN: Well, this is under the joint city and county policy.
COMMISSIONER MURRAY: I appreciate that. So who is the local jurisdiction in this case?
MR. GIBLIN: It would be both of us.
COMMISSIONER MURRAY: Oh, so you represent that as both?
MR. GIBLIN: Yes.
COMMISSIONER MURRAY: Okay. Jurisdiction. Inasmuch as they're two entities, legal entities,
I would --
MR. GIBLIN: I agree.
COMMISSIONER MURRAY: Now, in that context, can we, Marjorie, require them to evaluate a
broad range of options, et cetera, et cetera, et cetera, as one of those where we do compel because it is a
policy?
MS. STUDENT-STIRLING: Well, as I understand it, these are joint. And, you know, just
evaluating and look at something is different than absolutely having to do it. And as I understand, these are
joint, so --
COMMISSIONER MURRAY: I agree. Does that tell me then that they've already been
established by the other entity, the city, that they have already established criteria __
MR. GIBLIN: Yes, sir.
COMMISSIONER MURRAY: -- under which these things -- okay, that satisfies that issue, thank
you.
CHAIRMAN STRAIN: I have to -- with the commission's indulgence, I need to move back to
Page 1. I have one question on the very last sentence on Page I I missed.
It says the most current data available from the University of Florida Shimberg Center is considered
in assessing the county's affordable workforce housing deficit.
In order to avoid using values that don't address strictly workforce affordable housing, can we, after
the word Shimberg Center, say as it relates to our definition of affordable housing? Meaning that if a
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Mal ~0,12~6' 4
millionaire has bought in a home that's too expensive for him, he's not part of that affordable housing
category.
MR. GIBLIN: I agree. And I believe that's why we added the specific wording of
affordable/workforce housing deficit, meaning that it would bring in our local definition.
CHAIRMAN STRAIN: Okay. But I want to make sure that the number you use from Shimberg
from now on is the affordable number, not this lump sum number.
MR. GIBLIN: I agree, yes.
CHAIRMAN STRAIN: Now we're on to Page 3. Any questions on Page 3?
COMMISSIONER SCHIFFER: Just a --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: -- question about the concept.
As you have joint policies for the City of Naples, do you intend to start setting up joint policies for
Marco and Everglades City?
MR. GIBLIN: That would be part of the negotiation of our future interlocal agreements. Whether
or not they would jump into our compo plan, like the City of Naples has for many, many years or whether or
not they continue to just rely on the interlocal agreements themselves.
CHAIRMAN STRAIN: Just out of curiosity, how much money are we getting, to your best
knowledge, from the City of Naples per permit for this affordable housing issue?
MR. GIBLIN: All right, the City of Naples' contribution to the county through the interlocal
agreement is -- the City of Naples is an entitlement community for the State of Florida SHIP prograIll on its
own. They receive approximately, I'd say, about $130,000 a year directly from the State of Florida,
allocated to the City of Naples.
Our interlocal agreement with them turns that entire aInount over to the county to put straight into
our budget and to fund our county housing prograIllS county-wide. So that is the payment from the City of
Naples.
CHAIRMAN STRAIN: No, that's payments from the state through the SHIP funds.
How much does the City of Naples contribute to Collier County for its affordable housing issue?
COMMISSIONER ADELSTEIN: Nothing.
CHAIRMAN STRAIN: Do you know?
MR. GIBLIN: Nothing other than that.
CHAIRMAN STRAIN: So the City of Naples, for all their impact on our workforce, contributes
nothing to Collier County except the money they get from the state they just pass it on to us.
MR. GIBLIN: Under today's interlocal agreement, that's the arrangement.
CHAIRMAN STRAIN: Okay. Well, let's look at the same thing for the City of Marco. What's the
situation with the City of Marco?
MR. GIBLIN: The City of Marco's interlocal agreement stipulates that they must pay Collier
County 10 percent of their building permit fees each year. And it must be at least a minimum of $50,000
per year.
Historically for the past few years it's been a little bit around -- it's been nearly $100,000; sometimes
about 120 and sometimes about 80 per year.
CHAIRMAN STRAIN: Do they get SHIP funds--rMR. GIBLIN: No.
CHAIRMAN STRAIN: -- allocated to them from the state?
MR. GIBLIN: No, sir.
CHAIRMAN STRAIN: So Marco is providing us $100,000, which doesn't cover half the cost of
one affordable house on average. City of Naples, nothing. Okay, thank you. I just needed to know that.
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..~j.
Any other questions on Page 3? I have two.
On Objective 2, you get into the 1,000 dwelling units again, and I just wanted to note that that is
going to really in my consideration be subject to whatever language we come up with on Objective 1.
So -- and then just below that, an item I missed before, the second line of Policy 2.1, corporations __
it starts with the word corporations -- the county shall seek to increase the supply of housing for all
segments of the community, including.
Doesn't non-profit housing development corporations -- aren't they limited, or aren't they thought to
be limited to affordable housing? Or are they actually going to be able to __
MR. GIBLIN: Not exactly. For example, the local Collier County housing development
corporation is planning a proposal for the Bembridge PUD which would encompass up to gap housing.
CHAIRMAN STRAIN: But I mean, they have to be within the range of median income that we've
set aside for affordable workforce definition. They can't build million dollar homes, or can they?
MR. GIBLIN: I suppose that they could build a higher priced home, but their mission is to build
affordable workforce housing.
CHAIRMAN STRAIN: Okay. Because this says the nonprofit housing development corporation
will seek to increase the supply of housing for all segments of the community. And that's where my
concern was, is that why do we care if they seek more high end housing? We really wouldn't -- that
shouldn't be -- if their goal is not to do that, why is it phrased that way in our goal?
Wouldn't we want to focus on what --
MR. GIBLIN: I agree. We could add the words affordable workforce after -- before housing.
CHAIRMAN STRAIN: Or just take out the word all.
MR. GIBLIN : Yeah. Yes.
CHAIRMAN STRAIN: Okay. That's where I was going. Thank you.
Page 4?
(N 0 response)
CHAIRMAN STRAIN: Page 5?
COMMISSIONER MURRAY: I have something.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: Cormac, on, let's see, Policy 2.9, I think it is, we're looking at it, let
me read it to you the way I've modified it, and Mr. Weeks, maybe you can relate to it as well.
The county shall review the county's affordable workforce housing density bonus ordinance every
two years or sooner, as necessary, and revise the ordinance to reflect the changing community.
Does that strike you as being -- and I wasn't playing with it for the purpose of just moving words
around, but it struck me that that might be more intensive, more effective for you.
Would you agree with me?
MR. GIBLIN: Was the change to add the words or sooner?
COMMISSIONER MURRAY: Yes, sir. And I just modified, just changed it around. And the
reason I've done that, we had this discussion, and I know you said, oh, my gosh, I finished one and I've got
to start another one. But there may come a time when you have adequate staff and you have a good reason
to do so, and I wouldn't want to think that you would be locked in to __
MR. GIBLIN: Commissioner, I'm more inclined to agree with it today than I was a few weeks ago,
considering the modeling and the new formula basis that the board adopted on Tuesday. So it would make
it easier from our -- better from our perspective.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: So what, can you, someone--
COMMISSIONER MURRA Y: Restate it?
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CHAIRMAN STRAIN: Yes, would you mind doing that?
COMMISSIONER MURRAY: Sure, no problem. The county shall review the county's affordable
workforce housing density bonus ordinance every two years or sooner, as necessary, and revise -- I'm sorry,
and revise the ordinance to reflect changing community needs and market conditions. That was my
suggestion.
CHAIRMAN STRAIN: Any other comments from staff?
(N 0 response)
CHAIRMAN STRAIN: I don't have a problem.
We're on No.6. Any questions on Page 6?
COMMISSIONER MURRAY: I did have a question with adequately funded. My question was on
Objective 3, what was adequate. But I think we beat that one to death, but I'm not sure.
CHAIRMAN STRAIN: Policy 3.2, Cormac, I notice that it omits workforce, basically. It says
affordable workforce, but doesn't workforce start at 81 percent and go to 100, I think, or gap go up to 150
or something like that now?
MR. GIBLIN: It does. The limitation at 80 percent of median income was left in this instance
specifically because it talks about state and federal funding for affordable housing. And to date, those
funds are capped at 80 percent or less of median.
However, in reading it this morning, there is pending legislation right now in Tallahassee to offer
state housing dollars over 80 percent of median. And this -- you know, in light of changing circumstances,
I would suggest maybe deletion of the 80 percent limitation in this paragraph would be appropriate now.
CHAIRMAN STRAIN: So after the word workforce housing, you would be deleting the rest of it?
MR. GIBLIN: Yes.
CHAIRMAN STRAIN: I think you're probably right in doing that.
Any problems?
(N 0 response)
CHAIRMAN STRAIN: Okay, Page 7?
(N 0 response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
(No response)
CHAIRMAN STRAIN: Page IO?
(N 0 response)
CHAIRMAN STRAIN: Page II?
(N 0 response)
CHAIRMAN STRAIN: Page 12?
Policy 8.3, I notice you crossed the word mobile home parks, the word home out of there, but you
double underlined it. Is that one that should have been left in?
MR. WEEKS: The double underlining indicates that it's put back in.
CHAIRMAN STRAIN: Okay. So the crossout is out but it's in.
MR. WEEKS: That's part of the confusion ofthe format to try to show you what changes have
been made through this process. But I assure you it will be cleaned up for the board.
CHAIRMAN STRAIN: No, leave it like this.
I don't think we can vote on this element until staff gets back to us with some revised language for
Objective 1. Is that concurrence with the rest of the panel at this point? Okay. We'll just hold on to that for
now.
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Let's go into the recreational and open space __
MR. COHEN: Mr. Chairman, we did have a speaker on this particular element which is Bob
Krasowski.
CHAIRMAN STRAIN: We do have a speaker on the housing element?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Oh, that's right. And Bob, I have to apologize, without seeing you sitting
there, I forgot that you had stood up in the beginning of this. And with that, I have one other question.
Before you start, so you're not using up all your time on something that staff may already have an
answer for, David, I had called you after the last meeting, and mentioned to you -- and Bob, you had left
early the last meeting, if you remember -- you put four items on the table, I told you I'd bring them up. I
forgot. That's the part of turning old.
David, I called you back at your office, I think, within the day and asked you to please consider the
comments for discussion today. And those four comments were: Looking at solar energy incentives,
looking at waste heat recovery systems to heat hot water from the air conditioner, looking at passive solar
heating and then use of energy star appliances.
Now, have you had time to look at those four elements prior to today's meeting so you can address
those four?
MR. WEEKS: Yes, we did. And the brief response is that these changes are outside the scope of
the EAR, therefore staff would recommend that you not add those to the element at this time.
Furthermore, because of the potential impact of these changes, the financial impact to
homebuilders, to the building industry to affordable housing buyers, et cetera, we believe that while there
may be merit for these proposed changes, they should be thoroughly vetted in a public meeting workshop
hearing process, not simply inserted here through this process.
So that's the two comments.
CHAIRMAN STRAIN: To follow-up on that then, if the implementation -- and I understand
implementation is done by other documents, and this is a concept document. Ifwe were to put a concept in
here that indicates a desire to explore and look into such activities as, is there something that would be
prohibited?
MR. WEEKS: I think it's still outside the scope of the EAR. But on the other hand, because it's a
rather nebulous -- isn't a right word, but low impact change, I don't think it would be problematic. Just a
general aim to pursue these issues, look into these, explore them, something like that.
CHAIRMAN STRAIN: Anything we can do to reduce our dependency on energy sources that are
not renewable we ought to be considering. And I notice that I haven't seen any language in this docunlent
that really explores that. We did in solid waste, we were dealing with types of energies, but it would be a
good thing to start in this county, maybe that -- we ought to -- would be something that we should seriously
consider, adding a concept of that exploration.
With that, Bob, why don't you take a few minutes and tell us what you had in mind.
MR. KRASOWSKI: Okay. That's great. You keep almost better notes that I do myself in
revisiting those four points. I had to scratch my brain and redo it all but you're ready to go.
So I am up here advocating for that. I think possibly you've touched on the way to proceed and
having it included for preliminary analysis, you know, somewhere in there.
What I was going to suggest is that on that first page there down at the bottom of the list of things
you have on there, that something be mentioned that the consideration for financial assistance to be
provided for the inclusion of those four things in the building of new housing in Collier County, or
certainly for affordable housing.
Now -- you know, and then the paragraph below that, the last paragraph on the first page, it directs
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the housing department to work with nonprofit organizations. But we're a nonprofit organization. And I
think they should be open enough to include us on their discussions on the housing they're provided in that
we would represent energy efficiencies in the building of these homes. And we could follow that along,
you know, what they're doing, which I think they're -- it's good that we try to provide housing for people.
But, you know, we should really think about certain aspects of this what we're doing.
When you build a house, it lasts for 30, 50, maybe 100 years. So we're projecting into the future the
energy needs of that home. Ifwe don't do it efficiently up front, we're just creating problems for ourselves,
we're being inefficient and not very resourceful.
The energy star appliances now cost more than regular appliances. A lot of these lower affordable
homes have appliances put in there that are not very efficient. So it costs more over time to operate that
appliance and it puts a burden on all of us to provide -- the generator of electricity to provide the service for
that -- the utility for that. So that's a burden on us.
So if we look at the long range planning, here we come back to planning, the long range planning
and knowing that energy's not going to get any cheaper, probably, in the future, that it would be good if we
up front accommodate some analysis of this.
Now, as the gentleman mentioned before, people can afford to a certain point, right, and they will
buy a house to a certain point. Same way with a refrigerator. If you're going to get a refrigerator, it will cost
you so much. So the differential between what's going to be paid and what the efficient refrigerator would
cost is something that we should look at, that we should maybe provide for. And this goes for the solar hot
water heating and the waste heat recovery from the air conditioner unit, right, those are very efficient. If
you have an air -- and when you put them in the house to begin with, that's the time and way to do it. They
have to be designed in by the architect or the designer, and they're most efficient.
But the up front cost of those are more than the standard non-efficient appliances. So what we
would do, let's say the standard would be a $100 expense but the efficient would be $120 expense. Saving
a bunch of money and energy at the end, what we would be looking to do is have that initial cost financed
and then paid back through the cost savings of using the efficient item spread over a point oftirne.
So that costs money, but it is good future planning. Just to build these homes inefficiently with
inefficient appliances with inefficient hot water heaters. And then the solar component of subsidizing the
hot water through solar, it's totally free, it doesn't cost anything.
On the other side of this, and here's the Florida Energy Plan 2006, okay, put out all of these things,
except for the waste heat recovery, which is being discussed, all these things are in there, and they're clean
energy. We have to move to clean energy. Tomorrow is today.
So we should -- I know we can't change the whole thing right now, Mr. Chairman and Commission,
but I think we should definitely include these topics for discussion and direct that there be an analysis ofthe
benefit cost analysis of implementing them in houses, certainly the houses we build for affordable housing
and that kind of stuff from now on.
CHAIRMAN STRAIN: Okay. Thank you, Bob. I appreciate it. We're going to have a little more
discussion of this.
Marjorie, and then Mr. Schiffer.
MS. STUDENT-STIRLING: The thought occurred to me that perhaps instead of putting it in the
housing element, we might want to put something like this in future land use. And here's why. Weare
singling out housing but it seems that other types of land uses like industry and commercial, that these
should perhaps be considerations for those as well.
And that a broader application might be to study this for possible either future inclusion in our
building code or to make recommendations to the Southern Building Code people or something like that,
but it would have a broader application than just residential.
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CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Yes. I was going to add some wording for this section, but
Margie convinced me I think it belongs elsewhere.
CHAIRMAN STRAIN: And I think we ought to definitely -- David, we're going to be getting to
the FLUE -- by the way, I was wrong, we're not going to finish by noon -- this afternoon, and by the time
we do, if you have a chance that would put together some language that would structure it around
incentives to implement the Florida Energy Plan, or something like that, that might suffice to get it into the
FLUE. And at least that way we could use that as a beginning foothold into more energy conservation. So
good suggestion.
Okay, any other questions on the housing element at this time?
(No response)
CHAIRMAN STRAIN: Hearing none, we'll go on to recreation and open space element.
MR. KRASOWSKI: Mr. Chairman.
CHAIRMAN STRAIN: Cormac, you got up for that one. I was afraid you were going to be talking
on that too.
MR. KRASOWSKI: Mr. Chairman, can I please make one additional point? It would take a
second, two seconds. And that is that all of the financing I've seen regarding housing has been projected
over the standard 30-year mortgage. Ifwe were to increase mortgages to 35 and 40 years, 50 years or 99
years, some people buy old palaces in Pennsylvania and take out a 99-year mortgage, they intend to be
there with their families and stuff. But if you use that sliding scale, it can make houses more affordable to
more people. That's just one point I wanted to bring up.
CHAIRMAN STRAIN: Good point, Bob.
MR. KRASOWSKI: Okay, thanks.
CHAIRMAN STRAIN: Appreciate it.
Hi. We will start with Page 1 of the recreation open space element. Any questions on Page I?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
CHAIRMAN STRAIN: Page 3?
(No response)
CHAIRMAN STRAIN: Page4?
I have a question on Goal 2. Bold print says the county shall promote a neighborhood park system
to meet the recreational needs of residents within the county.
Will that system be implement -- well, first of all, are you going to establish a level of service for it,
and will that be part ofthe AUIR in the future?
MS. TOWNSEND: For the record, Amanda Townsend, with parks and recreation. The answer to
both questions is no.
CHAIRMAN STRAIN: Okay. Then why are you doing it?
MS. TOWNSEND: Neighborhood parks is a concept that the parks and recreation department
supports significantly. I think neighborhood parks are important. However, they're not established in the
CIE as a level of service. And I don't think we have any intention of doing so.
CHAIRMAN STRAIN: Well, see, my concern goes back to the fact, I don't disagree with you,
they're very important, and I think that every community should have them. But if we continue to require
those and not count those in the system, then we have the system out even more, I'm wondering how we're
paying for more than we really need based on the fact we have all these smaller parks now that help offset
some of the use of the larger ones.
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.;;~ ..a -
',I,.
....
MS. TOWNSEND: In fact, most neighborhood parks come to us now through the PUD
commitment process and do not come through retrofitting a neighborhood park into an existing
community.
The parks and recreation department has a policy that guides introducing a neighborhood park into
an existing neighborhood, should those community members want one. However, we've had an extremely
varying level of success in doing so.
CHAIRMAN STRAIN: Well, your next page, you get into Policy 2.1.2 in which you're going to
deteID1ine on a case-by-case basis these neighborhood -- which are suitable for neighborhood parks without
a level of service. How are you going to be fair in how you handle that from one project to another?
MS. TOWNSEND: Factors that would be considered would include the number of units within the
PUD, the number of acres in the PUD, proximity to another park facility. But also, and more importantly,
safe pedestrian or bicycle access to that proximitous (sic) facility.
I'm not sure that we would take into consideration the proposed demographics for who would live
in that PUD, because the character of anyone given neighborhood changes over time.
We may consider if there is a preserve element within that PUD, if there's recreational access to it,
that may be another factor to consider.
CHAIRMAN STRAIN: David, any implementation of the criteria that she just spoke about, would
that now coming back to us through language in the Land Development Code in order to -- the criteria in
order to establish how much park acreage comes from any particular development of any type?
MR. WEEKS: It wouldn't necessarily have to, nor do I think had staff contemplated doing so.
CHAIRMAN STRAIN: Okay, well, then the decision on what demographics to use, what statistics
to use is up to who in order for a PUD to get through a rezone process?
MR. WEEKS: As part of the rezone review process, parks and rec. department, which does have
the opportunity to review those, would have a chance to review those projects and make those
recommendations that you should provide a neighborhood park of "X" size or including "X" facilities.
CHAIRMAN STRAIN: And we have recommendations like that coming to us periodically. Most
notably we have recommendations from the utility department for well sites. And I heard at one particular
Planning Commission meeting, those are considered extractions, they're forced contributions.
Are we getting ourselves into that without having established a level of service and criteria by doing
this so casually?
MR. WEEKS: Actually, as I read the policy I see I'm completely wrong. It says right in there we
will amend the LDC to establish the process. My apologies. So we are stating in the policy that we will
formalize this process.
CHAIRMAN STRAIN: So it will be in the Land Development Code.
MR. WEEKS: Yes, sir, I misspoke.
CHAIRMAN STRAIN: Then I have no questions further on that one. Page 6?
(No response)
CHAIRMAN STRAIN: 3.1.6, the county shall encourage the development of pedestrian pathways
and bike lanes from and surrounding residential community park sites.
Just out of curiosity, why did you use the word encourage versus the word require? I'm on Policy
3.1.6 on Page 6.
MS. TOWNSEND: I do see that. I was checking because that same policy is under another goal.
COMMISSIONER CARON: 2.15.
MS. TOWNSEND: 2.15. And I was looking to see, they both say encourage.
CHAIRMAN STRAIN: Good. I missed the first one because it wasn't in red ink. So now I have
the same questions about that one.
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March 30, 2006
MR. WEEKS: What happened here was the Planning Commission at the previous hearing had
directed us to delete Policy 3. I .6. And the discussion was this is redundant because it's covered by
previous policy.
Staff is recommending that you not delete this policy. And the reason is though it's redundant,
they're under two different objectives. One objective is pertaining to neighborhood parks, one is pertaining
to community and regional parks. So we're just putting the language back in to read the same as it was so it
would apply to both different park facilities.
CHAIRMAN STRAIN: Well, then, I guess we'll go back to my original question. Just out of
curiosity, how do we get the word encourage to work in that sentence?
Encourage, the only problem is it's not a word that carries a lot of weight. And the language that
was struck in 2.15, where appropriate and economically feasible, again I think that was struck because that
doesn't carry any weight. So if you're going to encourage something, you might as well not say it, because
no one's going to have to do it.
So is it something that you can require? Or is requiring an interconnection to a community __ for
example, if you have a gated community and they have access to a park, they're going to object because of
the security issues. But at the same time, there's nothing that says they can't gate their exit and entrance to
that park from their gated community.
So I'm just wondering why we just don't require it.
MS. TOWNSEND: I'm not sure that in every instance it could be required. I think it would
probably depend on the location of the park site and the configuration of the transportation network
adjacent to it and that leads to it.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I am aware that up in the new park that's being built, the north
regional park, a community directly adjacent to it wanted access, and because of security reasons asserted
that that access was denied. So there is something to add to the bailiwick of questions.
CHAIRMAN STRAIN: Then the county's own policy of encouraging is being broken by the
county.
COMMISSIONER MURRAY: Well, they have a policy of discouragement with respect to that
based on the security.
MS. TOWNSEND: Let clarify that, if! may. The policy of the parks and recreation department is
to encourage pedestrian and bicycle access to park sites. However, we do not encourage those accesses
when that access would be limited to who it was available to. Those are only encouraged when they're
available to all of the public.
Therefore, if that access were on the other end of the neighborhood, there were a gate, the parks and
recreation department does not support those accesses.
COMMISSIONER MURRAY: Not to argue with you, Amanda, but if you think about the
neighborhood park thing and try to correlate that, at Sable Bay the PUD requires a park, community __ a
neighborhood park in there. It's less than a mile from the community park, and it's certainly not going to be
available to any of the residents. So you have a contradiction I think in that.
I'm not trying to put you on the spot here, but it is something that I think needs to be thought out a
little more.
CHAIRMAN STRAIN: Commissioner Caron, then Commissioner Adelstein, then Commissioner
Schiffer.
COMMISSIONER CARON: I just need to back up a little bit here, too, and I don't want to get off
the subject, so Brad, did yours relate to what __
COMMISSIONER SCHIFFER: I was just going to say I remember that application, and these
Page 54
Marc~o~!~
people wanted a private access to the park that they couldn't control. They couldn't control the hours.
That's not what we want.
CHAIRMAN STRAIN: Mr. Adelstein, is that on this issue?
COMMISSIONER ADELSTEIN: Yes, it is. These pedestrian pathways, do you actually fund
those? Does -- is there just a fund for those paths, or do the neighborhoods do it?
MS. TOWNSEND: In policy 3.1.6 the statement there is referring to the network of community
and regional parks. In those instances, the parks and recreation department of course would be responsible
for the pedestrian and bicycle accessway that hooked up with the transportation network.
COMMISSIONER ADELSTEIN: But are you funding them at all?
MS. TOWNSEND: Not the transportation network but, yes, the accesses that link up.
COMMISSIONER CARON: I just wanted to get back.
CHAIRMAN STRAIN: On this subject? Go ahead.
COMMISSIONER CARON: I want to get back to language here, because in 2.1.3 again we have
principals are appropriate and economically feasible, and again, almost anything can be either economically
feasible or not, depending on what side of the desk you sit on.
So do we want to leave that language in there?
MR. WEEKS: I'll say I don't--
CHAIRMAN STRAIN: Go ahead, Mr. Weeks.
MR. WEEKS: You don't want to require the SEPTD principles, because sometimes they are in
conflict with our zoning code requirements.
CHAIRMAN STRAIN: I would heartily agree with that. JIve been through that and they get very
difficult to implement if you're not careful. In this case that might be the only way that it can be put in there
because it's something that's very hard to implement in a lot of different cases in this county.
I mean, I'd recommend we leave it like it is, Donna.
COMMISSIONER CARON: Urn-hum.
CHAIRMAN STRAIN: Mr. Tuff -- Ms. Student?
MS. STUDENT-STIRLING: Thank you. I wanted to build on a point you made about the acts of
pedestrian and bike access to the parks and gated communities.
I think, Mr. Strain, your point is well taken, because there's case law that tells us where public ways
are required on private property as a condition of some kind of development approval, that, you know, you
can run into problems with it and it could run afoul of the rough proportionality test set forth by the United
States Supreme Court, particularly in the Nolen and the Dolen cases.
So I just wanted to build on what you said about where there's a gated community, the idea if that's
needed, you know, then there would be gated access to the park so the general public wouldn't be going
through, you know, on folks' private property to get there, other than the residents of that community.
CHAIRMAN STRAIN: Based, though, on your comment, and based also on staffs comment that
there are times that they need to have a park restricted from public access to meet security reasons, does the
policy as written work in those instances? Because if we're encouraging it yet we're disallowing it, are we
contradicting ourselves there, or are we just better off leaving it like it is?
MS. STUDENT-STIRLING: I think it probably gives you enough room either way. Because
where it's encouraged, you don't have to do it. So ifthe county doesn't want to allow access for security
reasons, it covers that, too.
CHAIRMAN STRAIN: Okay. Thank you, I appreciate that.
Public speaker on --
MR. WEEKS: Yes, sir, we have one. Bob Mulhere.
MR. MULHERE: Thank you. For the record, Bob Mulhere with RW A.
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Ijust wanted to be clear on a couple of points here, and I didn't bring the exact language with me,
but I did read through it and I'm pretty sure you can recall specifically what my concerns are.
There's language, I think it's 2.1.5, but there's language that says that neighborhood parks will be
required wifuin planned unit developments or __
CHAIRMAN STRAIN: 2.1.2, yes.
MR. MULHERE: 2.1.2.
What it doesn't say in there, and I think maybe it should for clarification purposes, is to serve the
residents of that community. I think that's the intent. I think the intent is that, you know, you used Sable
Bay as an example, we were required to put an internalized minimum standards __ I'm sure they'll exceed
those standards, but there were some minimum standards, they even quote some organization or __ that has
minimum standards for parks.
And of course that's a gated community. And it seems to me it would be made very clear if the
intent is -- if the intent is to get -- conversely, if the intent is to have neighborhood parks provided by an
applicant for a rezone for a Pun that is open to the general public, then it ought to be subject to impact fee
credits, because we pay impact fees for those kinds of things.
And I think -- and a second comment, and that's related to this providing accessibility to community
and regional parks if you're nearby, I mean it, first of all, it makes a lot of sense.
But I think secondly, I think the code itself requires -- I mean, you have a gated community, but you
still have to have an external sidewalk system, and that has to be connected -- and bike path system __ to the
arterial or collector roadway that's adjacent to your project. So you're going to have connectivity to a
nearby or adjacent community or regional park through the arterial or collector sidewalk and bicycle
system.
Now, if that doesn't exist, and there are a lot of examples where it does not exist and places were
built before it was required and they don't exist, then I could see some kind of negotiated process, perhaps
during a PUD, where an applicant might be willing to provide some improvements or some dollars for
improvements relative to that sidewalk system so that not only their residents but the general public could
more easily or more safely access that community or regional park. But I think that's a negotiation process.
And I hope I'm consistent with what your intent is there. If that helps at all, I just wanted to share
that with you.
CHAIRMAN STRAIN: Okay. Bob, I think what we need to do is suggest some language, if you
could -- I know you can't do it right now, but here's what I'm considering. After the word in section 2.1.2,
third line, a suitable neighborhood park, and then comma, to serve the residents of the PUD.
You're Ms. Townsend?
MS. TOWNSEND: I am, thank you.
CHAIRMAN STRAIN: Thank you. Would that language work in that location in that paragraph
to address that issue?
MS. TOWNSEND: I believe it would.
CHAIRMAN STRAIN: Okay. Now, as far as the impact fee credits go, I know just to address the
issue that Bob brought up, I mean, the impact fee credits for regional and community parks, and we're
talking here about neighborhood parks; is that right?
MS. TOWNSEND: That is correct. That is correct. The intention is not for this to -- for this
policy to apply to a facility that would be available to the general public. The intention is that it would
serve -- that's the nature of a neighborhood park is that it is a walk to or bicycle to facility that serves the
immediately surrounding residents.
CHAIRMAN STRAIN: Ifwe insert that language, though, it works.
MS. TOWNSEND: Yes.
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COMMISSIONER MURRAY: I have a question.
CHAIRMAN STRAIN: Yes, sir, Mr. Murray.
COMMISSIONER MURRAY: Not every neighborhood park is within a PUD, is it?
MS. TOWNSEND: No, sir.
COMMISSIONER MURRAY: So how do we address that?
CHAIRMAN STRAIN: This only addresses PUDs.
MS. TOWNSEND: Yes.
COMMISSIONER MURRAY: Fine, that covers it.
CHAIRMAN STRAIN: Are there any other comments needed then at this point? Okay. Thank
you.
We'll entertain a motion for approval of the recreation and open space element with the corrections
presented by staff and the language corrections suggested here today by this panel.
COMMISSIONER SCHIFFER: You got it.
CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, second by Commissioner
Murray. Discussion?
(N 0 response)
CHAIRMAN STRAIN: All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody --
COMMISSIONER MURRAY: Aye. I'm with you. A little slow, but I'm with you.
CHAIRMAN STRAIN: I was going to say he voted twice, but he didn't. Motion carries 7-0.
COMMISSIONER SCHIFFER: Let's do lunch.
CHAIRMAN STRAIN: Okay, lunchtime. Now, if we leave now, we come back at a quarter to
1:00, or we get into -- for those of you that like that Subway food, you get in quicker. Is that what you want
to do before we start on the CCME, because that's going to take a whole bunch of time, probably.
With that we'll break for lunch right now. We'll be back here at quarter of 1:00.
(A lunch break was taken)
(Commissioner Adelstein is not present)
CHAIRMAN STRAIN: Thank you, David.
It's 12:45, and we will resume the meeting for the EAR amendments.
The fIrst element we're going to be discussing right now is the CCME.
MR. COHEN: Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MR. COHEN: We have speakers on the CCME. We have one, two, three --looks like we have
four speakers on the CCME, Mr. Chairman.
CHAIRMAN STRAIN: Are the sections specific or are they just general?
MR. COHEN: Three are general, one is specific.
CHAIRMAN STRAIN: Okay. Only reason I'm asking, Randy, if we know someone's interested in
a particular specific policy, we can at least entertain -- this is a long element so maybe we should try to fit
them in at the time it occurs.
MR. COHEN: Yes, sir.
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CHAIRMAN STRAIN: Okay?
Bill, how are you doing, sir? We're just going to start, like we have, start with Page 1. Any
questions from the panel on Page I?
(No response)
CHAIRMAN STRAIN: Page 2?
(No response)
CHAIRMAN STRAIN: Page 3?
Bill, question on Policy 1.1.2, the language that was added. It says the Land Development Code
shall be revised to reflect the adoption of new and/or revised natural resource management and
environmental protection standards and criteria.
Doesn't that have to happen anyway?
MR. LORENZ: Yes.
CHAIRMAN STRAIN: Okay. It's kind oflike PUDs, when we have all that redundant language
that mimics the codes. I don't know if -- if this is not needed, can we just delete it?
MR. LORENZ: Well, I think so. I mean, this was trying to replace Policy 1.1.2, which at the time
was the first that -- the land development regulations for the first growth management plan. So I think the
wording here was simply to recognize a continuation of that effort. But--
CHAIRMAN STRAIN: Well, let's see if there's anybody thinks we need it. I mean, if there's a
reason to keep it, I have no problem. Ijust didn't know if there was a reason.
COMMISSIONER CARON: Is it not just directing people to look at the LDC for further revised __
COMMISSIONER MURRAY: The first sentence already has that.
CHAIRMAN STRAIN: Yeah, they have to look the LDC anyway, because the GMP isn't the
implementation code.
COMMISSIONER CARON: Well, that's true, the first sentence takes care of it.
MR. COHEN: Mr. Chairman, legal counsel would like to weigh in on this.
CHAIRMAN STRAIN: Ms. Student?
MS. STUDENT -STIRLING: Thank you. Just a little bit of history here. Policies are the means by
which you achieve the objective. And way back when we did the original plan, if we have to identifY
ordinances that have to be either adopted or amended to reflect something in the compo plan, we always did
that, because that's what a policy shows, a program or ordinance or a means to implement the objective. So
that's why oftentimes you reference the ordinance in a policy. That's just a little history.
CHAIRMAN STRAIN: Okay. And the ordinance is referenced in the prior sentence.
MS. STUDENT-STIRLING: That's correct.
CHAIRMAN STRAIN: If there's no objection to taking it out, I don't know we need to be
redundant.
COMMISSIONER SCHIFFER: I remember the conversation we had when it was put in was that
this concern was that policies can be adopted and then how long a time or when would it ultimately be put
into the LDC. I think what this objective did is made sure that it was obvious that anything changed would
be immediately put into the LDC.
CHAIRMAN STRAIN: Where is the word immediately?
COMMISSIONER SCHIFFER: Well, we could add that. But, I mean, what it's saying is it shall be
revised. That gives me a sense of --
CHAIRMAN STRAIN: I mean, I was just trying to clear it up. If somebody wants it in, I mean, it
doesn't do any more, do any less.
COMMISSIONER SCHIFFER: I mean, if there was a new standard, we'd want to make sure that it
got into the LDC as quick as it could, not just float out into new standard space.
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COMMISSIONER MURRAY: Wouldn't that be a natural process? Wouldn't that be -- each
organization, as it fmds changes that require the LDC code, wouldn't they opt to go forward with that?
COMMISSIONER SCHIFFER: Bill, what do you think? I mean, it's --
MR. LORENZ: Well, I'm just looking back at the history, and if I'm looking at my proper
documents, the original -- what staff originally proposed was simply the fIrst sentence. And then at the --
let's see, at the -- I believe at the fIrst CCPC meeting, I think the CCPC directed to place the second
sentence in.
So at least that's my history. I'm not sure if David or Jean is tracking that. So I mean, it's -- I can
live with it either way.
COMMISSIONER SCHIFFER: I don't see the concern over redundancy. Is it redundant? Maybe.
But the intent of it is to make sure that changes get put into the LDC.
CHAIRMAN STRAIN: Well, it isn't -- I didn't bring it up thinking it was a problem. If there's any
question, just leave it there. I just was trying to shorten our documents where they weren't needed to be
duplicated.
So let's move on to Page 4.
(N 0 response)
CHAIRMAN STRAIN: Page 5?
(No response)
CHAIRMAN STRAIN: Page 6?
(No response)
CHAIRMAN STRAIN: Page 7?
COMMISSIONER CARON: I have one on 7.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Down at the bottom ofthe page, were we not going to say that state
water quality treatment standards in effect at the time ofproject approval?
COMMISSIONER SCHIFFER: Yes, we were.
MR. LORENZ: Yes. That's a good point.
CHAIRMAN STRAIN: We need to add that language.
Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
(No response)
CHAIRMAN STRAIN: Page 10?
(No response)
CHAIRMAN STRAIN: Page II?
(No response)
CHAIRMAN STRAIN: Page 12?
(No response)
CHAIRMAN STRAIN: Page 13?
On Page 13, in the middle of the page, 5.1.4, the fifth line down reads the results of the permitted
monitoring program shall be copied to Collier County. We're requiring a state agency to do something? Is
that what I'm reading here?
MR. LORENZ: The applicant should copy that, those results to the county.
CHAIRMAN STRAIN: Okay. That's what your intent was, it wasn't just -- because I was
wondering. Okay.
Page 14?
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rIif
(No response)
CHAIRMAN STRAIN: Page 15?
(No response)
CHAIRMAN STRAIN: Page 16?
(No response)
CHAIRMAN STRAIN: Page 17?
MR. LORENZ: Let me add an item on Page 17 under paren. six, where the reference __ the citation
of Policy 7.1.2. We need to have a parentheses two before -- inserted after two and paren. I, to make it a
correct citation.
CHAIRMAN STRAIN: Okay. Thank you.
Richard, if you have -- are you -- if you've got something on this page, let's hit it while we're here
then. Because this is a rather large element, so I'd rather get the public on the issues that they have as we go
through.
MR. YOV ANOVICH: I think we have the same pagination, but just to play safe.
CHAIRMAN STRAIN: That's Richard Yovanovich.
MR. YOV ANOVICH: I'm sorry. For the record, Rich Y ovanovich.
CHAIRMAN STRAIN: I can't spell his last name.
MR. yaV ANOVICH: Neither can I sometimes.
It's in Policy 6.1, paragraph two on Page 15. That's the general statement that talks about the most
contiguous area being the preserve area. And I think what that does, it covers what staff is trying to get to
on Page 17 in paragraph eight where it says preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas of wildlife corridors.
I think if you read eight literally, if you have in your project two separate preserve areas, and they're
not interconnected, they don't count as preserve area.
And also, it's not always, you know, practicable to go ahead and meet that goal. I think the overall
goal is to have the largest contiguous area. And I think that's covered in two. I don't think you also need it
covered in paragraph eight. I just think it's duplicative and it's very difficult to enforce.
Secondly, if you go to the top of that page, which is Policy -- it's sub-paragraph five, that starts on
the previous page with an A and a B, there was a change to where it says does not result in any adverse
impact. Now the word says benefits. I think that's -- I think you need to go back to any adverse impacts.
Because if you read this literally, it could be very difficult to prove that when you're putting additional
water into a wetland that you are in fact benefiting it.
I think the goal is, is not to harm the areas that you're using also as water management. And, you
know, this becomes important as sites get smaller and smaller and they're more infill. If you can't share
facilities, your preserve area with your water management area, where there's no detriment to the
environment, it doesn't really make any sense.
So I would like you to go back to the original language where it says does not result in any adverse
impact on the naturally occurring. Because it's very difficult to prove a benefit. I think it's easier to prove
that you're not harming the area.
So I think that covers that page and the comments we have on that one, what I have on it.
CHAIRMAN STRAIN: I need to -- after you and Wayne's behind you, I guess we'll then talk to
Bill Lorenz about your suggestions. Thank you.
MR. ARNOLD: Hi. Thank you, I'm Wayne Arnold. And I don't want to be redundant on what
Mr. Y ovanovich just said, but I had a little bit different take on Page 17, paragraph B, also addressing
where the word benefits had been inserted into that in lieu of the language, it says does not result in any
adverse impact.
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And I was thinking that, you know, maybe the compromise position, if there would be one would
be to delete the word benefit where it is, keep the language that says does not result in any adverse impact,
and insert a phrase that says and may benefit the naturally occurring native vegetation. Something to that
effect.
I don't think it changes, hopefully, the intent, which is that you're not harming vegetation. But I
think, as Mr. Y ovanovich was saying, we have systems and typically in especially larger projects, we utilize
some of the wetlands systems. I don't know that I can demonstrate that I have a benefit to that larger
wetland system by discharging some water into that system, but I can obviously prove that I don't harm it.
And I would like to see that we don't eliminate that possibility, because it would render a lot of prior
projects and future projects in a very difficult situation to make their water management system work.
The other comment that I had was, again, the same as Rich, on Item No.8 regarding the
interconnected. And I just would point out that on my notes, as I was taking notes as the Planning
Commission meeting evolved last time around, was that we were going to add some language on flexibility
there. And maybe that wasn't the direction of the Planning Commission ultimately, but I had language that
would talk about the interconnection of these preservation areas on-site and whether or not it was practical
or where possible, et cetera.
CHAIRMAN STRAIN: I think we'll have some discussion on this, sir.
MR. ARNOLD: Okay. And the only other thought I had, and it was really a question more than
anything. Right now we have a paragraph seven there iliat talks about exceptions, and we sort of dealt with
that by offering up a deviation possibility that would be the result of an LDC change.
And my only question is what happens in the interim between the time that this would be adopted
later in the year and then we have a year to adopt LDC changes, is there still any exception language in
there that would be applicable? And that was really a question more so than any specific comment.
CHAIRMAN STRAIN: Well, while you're -- let's finish with that question, then by Ms. Student.
Can you address that, please?
MS. STUDENT-STIRLING: Yeah, I would think that until we have our implementing LDRs for
this, that we would -- you know, we can't bring the deviation process into being until we have the
implementing LDRs.
CHAIRMAN STRAIN: But I think his question was if you can't do that, then in the meantime,
even though the GMP gets adopted and changed to eliminate the exceptions and the LDRs still require the
__ still revert to the exceptions, yet we don't have the deviation language in the LDRs, which one -- how do
we govern during that period oftime?
MS. STUDENT -STIRLING: I think we might have to -- I don't see how they can apply for
something we don't have yet in the LDR, so anybody that wanted to do that I think we might have to hold it
up until we have the process in the LDR. That's just an off-the-cuff answer.
Or we might want to wish to write something there how we would proceed in that interim period.
MR. ARNOLD: Well, I guess that was one of the thoughts I had, kind of expecting that that might
be the answer. And that would be that, I think that's now Item 10 where we talk about that, that maybe
until such dates as those are adopted, that you could at least revert back to paragraph seven, something to
that effect.
Just so that there is an opportunity in some cases for people to deal with the situation that has been
in existence, I guess since -- I'm not sure when that item seven came into being. I don't know if it was
dated back as far as '89, but it's been there for several years now.
CHAIRMAN STRAIN: Okay. Well, I'm sure we'll run it by Mr. Lorenz here.
MR. ARNOLD: Thank you.
Mr. Anderson, did you have something to add?
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MR. ANDERSON: I want to address myself to Policy 6.1.1, paren. two that's underneath the table.
CHAIRMAN STRAIN: You know, everybody puts that on there upside down. I'm wondering if
we could ever change the orientation of that thing.
MR. ANDERSON: I want to address myselfto the definition of native vegetation, and how it is
defined.
If you'll look at paragraph paren. number two, you'll see where we use the term native vegetation
and it refers to canopy, understory and ground cover. And I believe that for purposes of consistency, we
ought to reference understory and ground cover in paragraph one in defining what is native vegetation.
I show you here a picture of something that has been determined to constitute native vegetation,
based simply on the definition of canopy only. And I'll show you a picture on that same piece of property
that's been determined to be non-native. And I challenge you to tell me the difference.
Now, a picture may be worth 1,000 words, but that's never stopped a lawyer from talking.
COMMISSIONER CARON: Amen.
MR. ANDERSON: And my proposed language change -- and it would be equally applicable to
similar wording which appears in Policy 6.1.2. And here's how I would propose to change that definition,
for purposes of consistency.
Now, it's my understanding that when a landowner has preserve lands or lands that he wants to put
in preserve, that he wants to qualifY as native vegetation, he has to go in and if there is not ground cover
and understory, that he's required to replant that. And all I'm asking is that we be consistent in how we
define and treat native vegetation all the time.
And I thank you for your time.
COMMISSIONER ADELSTEIN: Can you read that? I can't see it.
MR. ANDERSON: Yes, sir. It says for the purpose of this policy--
CHAIRMAN STRAIN: Bruce, you're going to need that microphone, I'm sorry.
I can read it from up here if you want.
For the purpose of this policy, native vegetation, as is defmed as indigenous vegetative
communities with understory and ground cover having 75 percent or less canopy coverage ofMelaleuca
and other invasive exotic plant species.
COMMISSIONER ADELSTEIN: Okay, thank you.
MR. ANDERSON: Thank you.
CHAIRMAN STRAIN: Thank you, Bruce.
Bill, I think we're going to have some questions.
I guess I'll just move into it. Let's start with 6.1.1, paren. one, the recommendations that Bruce just
suggested for number one. Do you see a reason that those would be inappropriate or unworkable?
MR. LORENZ: Let me have Barbara Burgeson speak to you on that, the definition.
CHAIRMAN STRAIN: Okay.
MS. BURGESON: For the record, Barbara Burgeson, with Environmental Services.
The reason that the language did not include ground cover and mid-story is because there are a
number of native habitats that don't have all three. You can go out to a number of Pine Flatwoods where
the ground cover is a thick layer of pine needle and you don't have any ground cover that's coming up
through that, nor do you have any mid-story. So we don't want to put in there as an obligation, because
there are habitats that don't have that.
Same with a marsh system, and they would not have an all three strata. The canopy in a marsh
system would be either that mid-story or that ground cover that exists there, but you wouldn't have all three
strata.
So we go by canopy, and canopy is defined as the canopy coverage there. It doesn't mean trees. So
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in a native system where the canopy is the typical mid-story or shrubbery, then that's also a native system.
Where in a system where it's a marsh and the canopy in that system is just the grasses, then that's where the
native vegetation definition excludes on purpose having those two additional defining layers in there.
I don't know if you want me to address --
CHAIRMAN STRAIN: We're going to get into the other issues one at a time, but let's make sure
we resolve the picture.
COMMISSIONER CARON: The picture.
CHAIRMAN STRAIN: You want the picture back on? You wanted to address the picture?
MS. BURGESON: Yeah, there are a couple of things on that. This is a project that's under review
right now. And staff and the applicant have agreed to the definition of native vegetation on this site so that
it can move forward through the process. And so I believe it will probably be coming to you and to the
Board of County Commissioners.
Particularly -- there's a couple of issues here. One, the -- this site had some exotics in it in the early
Eighties in the mid-story, and there were some issues there. Through some direction by the Board of
County Commissioners, the property owner was permitted to clear just the exotics in the mid-story and to
leave the remainder ofthe native vegetation.
We have on record that some of the mid-story native vegetation was illegally cleared, but a code
case specifically was not opened.
There isn't anything that permits this property to continue to maintain, to seed and mow this
property; however, they've been doing that. A lot of small pines were removed from the site. So the
property has been constantly managed and maintained.
If this piece of property -- and we've got a number of properties similar to this. If this piece of
property were not managed that way, and there's nothing that permits them to do that but they have been, if
were not managed that way, the understory growth would restore itself in typically a fairly short period of
time, roughly four to five years.
There was also an issue about us requiring plantings of mid-story and ground cover, and that's not
true. We would not -- if we determine that an area is native vegetation by defInition, we do not require any
additional enhancement, it's only up to the applicant and the property owners to whether they want to do
that. Because by defining it that way, we are letting people know that we will accept it that way. So if
we've defmed it to be a native habitat, then we accept it that way.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Okay, Mr. Anderson showed two pictures and he said one is
considered as, the other one is not.
MS. BURGESON: Right. I think what he was pointing out there is one actually has wetland
grasses. And it's hard to tell by that picture. And we've had a number of staff go out there and identify the
wetland grasses in that area. Even the consultant from Wilson-Miller agreed that that area there had
wetland grasses. So pointing out an area that has wetland grasses that from when -- even when they're
mowing it, it's almost impossible to tell. But periodically if you drive down Estey when they're not mowing
it, that wetland area ends up with about an 18-inch, 24-inch tall wetland species coverage in that area.
COMMISSIONER MURRAY: So there is a way of determining it.
MS. BURGESON: Yes.
CHAIRMAN STRAIN: Do we have ordinances that require us to cut weeds when they get to a
certain height? Because I know that's another code enforcement issue on empty lots.
MS. BURGESON: Well, there is an ordinance on that, and that's code enforcement. And that's --
there is a weed and litter ordinance. I'm not sure that they would have deemed this to be a weed and litter
situation. And I don't think they would have required them to do what they're doing out there.
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CHAIRMAN STRAIN: Are weeds naturally occurring?
MS. BURGESON: The weed and litter ordinance usually applies to PUDs or residential areas
where there's a single lot that becomes overgrown, and it's usually the homeowners association that turns
those in and becomes those code cases.
CHAIRMAN STRAIN: So if a weed grows on this lot it's understory, but if a weed grows on
another certain lot, it's a weed and it has to be cut. Is that what it boils down to?
MS. BURGESON: Well, you know, if a person wants to mow grasses, we are not going to prevent
them from doing that. So if they want to get out there with a mower and mow the native grasses, there isn't
anything in the code that prohibits them from doing that.
But when we assess the property, we would recognize whether or not that area, if left alone and
undisturbed, would either restore or naturally reforest into what we would want to identify as a preserve
area.
CHAIRMAN STRAIN: And I thought you said Estey Avenue. When I looked at this, I thought,
boy, that looks like that lot on the corner of Estey and Airport Road.
MS. BURGESON: Yes, it is.
CHAIRMAN STRAIN: Okay. And you're worried about -- you're saying you want understory to
grow back in that area?
MS. BURGESON: It will once they stop. This is not necessarily the area that we selected as
preserve or that was selected as preserve. That area is further back and there's a much heavier canopy. If
we had an aerial of the site, you could see that the area that was chosen for preserve is along the creek there
where there's a mangrove fringe and native vegetation adjacent to it and a thicker native vegetation cover
that's along the side to the west end of the property.
CHAIRMAN STRAIN: Barbara, I'm sorry to be confused on this, because I generally believe that
if we can leave native vegetation, that's fine. I just thought in town especially, all right, or anywhere where
there's a subdivision, if you've got -- if someone goes out and maintains their property, I can't see why that's
a wrong thing to do. Because usually we're after them to maintain their property. And this looks like __ this
is an example --
MS. BURGESON: Well, this is illegal clearing of the mid-story native vegetation on that site, and
we didn't require them to replant that or restore it.
CHAIRMAN STRAIN: Okay. I'm not sure this site factors into all this today.
MS. BURGESON: Well, the other issue on this that I just wanted to point out is that if this board
chooses that we want to make a change to the definition of native vegetation, it really has to get back to the
EAC for them to review it and discuss it. Because that is a major issue and a major substantive change to
the GMPs.
CHAIRMAN STRAIN: Well, similar to what I had a board member discuss to me, that changes
are made in front of the BCC after it leaves up. It's up to the BCC to make that policy decision.
MS. BURGESON: Right. I understand that.
CHAIRMAN STRAIN: I mean, I'm sure we can decide on how we want to move this forward or
not, based on the language today. And ifthe BCC wants to move it back to us or the EAC, then that's their
prerogative.
MS. BURGESON: Do you want me to address paren. eight?
CHAIRMAN STRAIN: Before we go any further, we need to get a consensus on where we're at
with paren. one. And I'm trying to understand the downside to include from your perspective, if you
include the understory or ground cover in number one. I know you explained __
MS. BURGESON: Then you actually exclude many native habitats from being defined as native, if
you required and identified them by including mid-story and ground cover.
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:~ ,.;
.
CHAIRMAN STRAIN: Oh, so if this were -- if -- it would have to have all three then to qualify as
native habitat, not just the canopy; is that what you're saying?
MS. BURGESON: Right. If you included that language in this paragraph that way.
CHAIRMAN STRAIN: Okay. Well, I understand.
Okay, any other comments on number one? Mr. Tuff?
COMMISSIONER TUFF: I just would like to see if -- I can't -- for lack of us doing more damage
than good, I'd like to recommend his changes just as they were. I can't see how we can get hurt with what
he's got there, versus this could cause -- I guess I'd like to move forward with what he recommended.
CHAIRMAN STRAIN: Mr. Anderson, you had something more you wanted to throw in?
MR. WOODRUFF: For the record, Andy Woodruff. I will make a couple of comments here.
The way that Mr. Anderson had reworded the paragraph there to include indigenous vegetative
communities, I don't think that's going to exclude, for instance, wet prairies, if they don't have a canopy or
an understory. Because we recognize those to be indigenous vegetation communities, so that not all of our
community types are going to have a canopy, a shrub or a ground cover necessarily under all conditions.
But as long as we recognize those as indigenous communities, I think that they're covered there.
The other point I'd like to bring up is Barbara mentioned that staffs interpretation of what
constitutes a canopy, and that she mentioned that that does not mean tree cover. I can tell you from my
experience that that is the way that staff has been interpreting that code.
And that if! have, for instance, a habitat type that has a couple of pine trees in it and the understory
is a complete monoculture of Brazilian pepper, they will consider that to be a native habitat type, even
though I have greater than 75 percent cover of an understory specie. Because it does not reach canopy tree
level, they still consider that as a native habitat type.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: I just -- throwing more wood on the fire here.
Under number one, it says for the purpose of this policy native vegetation is defined as. And under
number two, the preservation of native vegetation shall include.
Doesn't that include -- doesn't that work to what you were attempting to say, although you wanted
to have it stipulated in both?
MR. ANDERSON: It's not being interpreted that way now.
COMMISSIONER MURRAY: But that's the way I interpret it reading it. It says the purpose of the
policy is defmed as, and then it says it will be preserved as. And I would read that the same way you
intended to have it modified.
MR. ANDERSON: Well, that's why I offered that change in the language up was to end that
conflict.
COMMISSIONER MURRAY: Otherwise, we need to have an exception, if an exception is
required. And I'm not sure that it is.
CHAIRMAN STRAIN: Any other comments? Because I'm still-- Mr. Y ovanovich?
MR. YOV ANOVICH: It kind of relates to section -- paragraph two, if you read the next one. If
she's correct, the way I read the sentence, the old language, it says the preservation of native vegetation
shall include canopy, understory and ground cover. If you don't have all three you don't get to count it as
preserve area, as I read that sentence.
So if we can't -- but yet I've got to count it in my calculation of native area, but I can't count it to
satisfy my requirement of preserving native vegetation.
So I would think we would need to have consistent definitions for purposes of figuring out how
much I've got to save on my property and what qualifies as meeting that requirement.
CHAIRMAN STRAIN: Okay. Thank you.
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Barbara?
MS. BURGESON: The definitions are consistent. If you look at number two, where it says the
preservation of native vegetation shall include canopy, understory and ground cover, that's __ once you've
defined that you've got a native vegetation community, you need to include and maintain all three strata in
that community. And that's to preclude people from going in and what we used to have in the preserves in
the early Nineties, is they kept the trees, they thinned out the mid-story, they took out the native ground
cover and they sodded those areas so that they encroached into those preserve areas and they created
park-like situations.
So if we've deemed that it's native vegetation and it has all three strata, then they need to maintain
all three strata in that. It can't -- the preserve can't be maintained partially, is what we're trying to say.
And by the definition of native vegetation above, we do define native vegetation by the canopy. If
there is -- it's sparse Pine Flatwoods with a 75 percent Melaleuca mid-story -- or I'm sorry, Brazilian Pepper
mid-story, we do consider that a valid Pine Flatwoods. And Pine Flatwoods can typically be 75-foot on
center for pines or 100- foot on center. When you remove the Brazilian Pepper out of the mid-story, you've
got a viable, native functioning habitat once that Brazilian Pepper is removed, because we're using the
definition here that the canopy of the Pine Flatwoods defines that area as a preserve.
Staff is not going to go to the extreme of claiming areas as native vegetation by definition number
one. We don't want them to be identified on the property as -- for preservation. So we have to be able to
accept them as preserve. So if they are not native by definition, we would have no benefit. We would not
want to claim that, because then those areas, as native vegetation would be, if they fall under the remainder
of the criteria, would be areas that we would be required to keep. Or could be, under circumstances.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Just so I understand, Barbara, in parentheses one, what you're
saying is in anything, including the sole trees, the canopy area of that tree would be considered native
vegetation. That is, if you project the canopy down on the ground, that is the area of native vegetation? Is
that what that's saying?
MS. BURGESON: No, that's defining the community or what we identifY as the flux mapping unit.
Defining that Florida land use cover mapping system that we use, we would identifY typically the flux area
and identifY the canopy coverage in that area.
COMMISSIONER SCHIFFER: Not concerned about the ground cover or the new level.
MS. BURGESON: No, in this situation we were asked to do drip lines over the individual trees,
and we agreed to compromise on what we felt the definition meant. And we excluded __ we excluded some
of the corridors between these trees. So staff did exclude the corridors where the ground cover was
non-native grasses. And it included the patchy areas of pine canopy, native vegetation.
So where Bruce is saying some of these areas were or were not identified as native vegetation, some
of those corridors were not identified.
And we could show you that, and we probably will be showing you that when this comes through to
the Planning Commission. So we did exclude those areas in this particular case.
COMMISSIONER SCHIFFER: And a drip line would be the outer edge of the canopy?
MS. BURGESON: Correct.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Barbara, would it hurt if you were to -- where Bruce wanted to insert the
words understory and ground cover after the word community, simply say community with either
understory or ground cover or canopy or a mixture of any of those elements and then go on?
The reason I'm concerned is that I understand how you believe you're interpreting it. I don't doubt
that you do when it comes in. But there are other departments in the county that aren't interpreting it, I
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know for a fact, the way you're stating right now. They have their own way of interpreting it. And that's
causing a lot of problems out there for the general public.
MS. BURGESON: I mean, there shouldn't be any section except ours defining that. That's our--
CHAIRMAN STRAIN: I wish that was the case.
MS. BURGESON: Well, if you can give me an opportunity to think about that? What were you
proposmg --
CHAIRMAN STRAIN: Well, fIrst of all, I want to ask Mr. Anderson if he could think about it as
well. If you were to change -- I think what you're trying to get to is none of you want to say it's got to have
all three, because that eliminates ones that don't have all three. But yet if it does, you're telling us that
sometimes just understory of a certain type or just canopy or whatever it could signify it. And maybe if
there was a way to include all three as an or, or elements of each one, that would give enough flexibility to
both sides so that it would work.
So if you say either understory or ground cover or canopy, or a mixture of those elements, and then
ifthey have 75 percent or more ofMelaleuca, then you're -- it's considered invasive plant species. You
understand where I'm trying to go?
MS. BURGESON: Yeah, I'm just not sure that that doesn't--
CHAIRMAN STRAIN: I'm not either. That's why--
MS. BURGESON: -- cause more harm to the definition.
CHAIRMAN STRAIN: I don't know. I'm trying to understand this in a manner that gets us to a
solution, and I haven't found one yet.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Barbara, isn't the problem with that, though, is that the hardest
part to get is the canopy? What you're saying is the ground cover is easy to reproduce, the mid-cover will
be back in four or five years. So essentially with Mark's definition, if you just had ground cover or
mid-cover, you really don't have the most important part of that environment, based on--
MS. BURGESON: Maybe the way to do this is to define the word canopy. Ifwe come in here and
say 75 percent or less canopy coverage and at the end ofthe paragraph identify that canopy shall mean tree
cover just if trees that are natural to that habitat, shrubbery coverage if trees are non-typical or atypical in
those habitats, or in circumstances where you have a freshwater marsh, then the canopy would be the marsh
system, the grasses.
COMMISSIONER SCHIFFER: And that way you could define areas outside --
MS. BURGESON: Correct.
COMMISSIONER SCHIFFER: -- the canopy area.
MS. BURGESON: Right. So we could defme canopy.
MR. ANDERSON: This is truly a case where we can't see the forest for the trees.
CHAIRMAN STRAIN: Good point.
MR. ANDERSON: My whole point, the thing that I'm trying to get at, is whether it's this grassed
area or a cow pasture with some native trees on it and that's all it's got, that is considered native vegetation
under the existing defInition. Because if you leave the cow pasture alone, why, yeah, it could grow back,
too.
MS. BURGESON: That's not correct. Ifwe had something submitted that way, the environmental
consultant would map out the delineation of those areas that are cow pasture. We would not have that in
and we would not review that.
CHAIRMAN STRAIN: Well, we can't have a debate on this for the whole entire afternoon. So
sometime before we finish with this --
MS. BURGESON: We'll sit down and look at it.
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CHAIRMAN STRAIN: -- would you guys try to come up with some language, if you can? And
we're going to take our best shot at it, it may not please either one of you.
MS. BURGESON: I think just trying to define canopy at the end of the paragraph should suffice.
CHAIRMAN STRAIN: Well, take a look at that. Before we get done with this we'll come back to
you.
MR. ANDERSON: Two out of the tlrree?
CHAIRMAN STRAIN: Two out of the three what?
MR. ANDERSON: Two out of the three of understory, canopy, or ground cover.
CHAIRMAN STRAIN: You guys work it out and come back to us at the end ofthis meeting __ at
the end of this element and we'll talk about it then.
On number two, there was some concern over number two versus what's in number eight. Did one
of you want to comment on that concern?
MR. LORENZ: I think the concern was how number two would relate with number __ to some
degree how number two would relate with number eight.
Let me talk about number two. And this was information we worked through with the
Environmental Advisory Council.
We want to make sure that when we're looking at the largest contiguous area, that we have __ that
provides a -- what's in the definition is called a core area that has the greatest potential for habitat value.
And what we've seen in the past that come through is that a lot of times somebody can construe the largest
contiguous area as being a strip that's going all the way around a project site. That does not provide core
habitat value.
And so that was one way of trying to provide a little bit of more intention language to what the
preserve shape should look like. And we are going to be working with some additional Land Development
Code standards with the EAC here shortly to try to help develop Land Development Code regulations that
will specify that a little bit better and make it more quantifiable. But at least this would be the intent that
would go to.
With regard to number eight, preserve areas shall be interconnected with the site and to off-site
preservation areas or wildlife corridors. Again, they work together a little bit in the sense that there's some
judgment that's going to be brought to bear. And I think what we need to do is to try to provide the criteria
more objectively in the Land Development Code.
But to develop that criteria to say that in certain circumstances there is an environmental value for
connecting certain preserves within or off-site. In some circumstances, however, or situations, there isn't.
And I think the concern that I've heard expressed from the public is that this policy number eight is very
specific in terms of the mandates that they shall be interconnected, no exceptions.
I think what we wanted to be able to do is to provide some degree of relief to that policy as a result
of new Policy 12, which provides for those deviations. And certainly that was -- in my mind that was one
way we could, quote, deviate from the strict adherence to policy number eight.
Now, the argument there is that becomes -- sets up a situation where you'd always have to go
through that deviation process to get relief from number eight. I think Barbara has some suggestions to that
policy number eight, will provide for some relief. I think one of your speakers may have suggested some
language as well.
But there again, maybe Barbara can provide you with some language here for policy number eight.
See if that fits the bill. If not, then we could maybe come back at a later date to look at some language
changes there as well.
CHAIRMAN STRAIN: Barbara?
MS. BURGESON: Before I read the language that I wanted to suggest, I do want to make sure that
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we understand the difference between interconnecting with on-site and to adjoining off-site preserves as
being one requirement, and a second requirement being where there are known wildlife corridors.
So we may want to split that out and identify that they have a higher obligation to maintain that
connectivity if it's a known wildlife corridor. So we might want to look at creating some separation in
those two.
But what I had proposed was -- or what I was working with anyway was preserve areas shall be
interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. And then
adding, because that's where it comes to a period here, adding a comma and saying except when such
interconnections cause a reduction in the function ofthe on-site preserve or preserves, in paren.
And the examples to that, which wouldn't necessarily go in the GMP, but so you understand what
that would allow us to do, that example would allow us to identify that when the previous requirement to
connect to off-site preserves is connecting to a poor quality off-site preserve, then we don't want to have the
applicant do that. Because there's no benefit to enlarging a poor quality preserve as opposed to increasing
the higher quality preserve on-site by area.
Second example would be if there are two areas of high quality habitat that are separated by a poor
quality habitat. Just to connect them just to make them one does not make -- doesn't make environmental
quality sense unless, and maybe the exception there is unless those areas are known to be utilized as
wildlife corridors.
CHAIRMAN STRAIN: Okay. Mr. Schiffer?
COMMISSIONER SCHIFFER: Barbara, in your wording you used the word functionality, and in
your description you used quality.
When you read it I wasn't sure what functionality meant. Would anybody have any problem with
that?
MS. BURGESON: The reason I put function in there is because it's in the GMP in several other
sections in 6.1. And the only reason I used quality in the description is because as I was writing it out
quickly, that's how I did that.
COMMISSIONER SCHIFFER: Okay. Thank you.
MS. BURGESON: But in the description or the example, that they were requiring connection to
poorly functioning preserves off-site would not be appropriate.
COMMISSIONER SCHIFFER: I like it.
CHAIRMAN STRAIN: Well, Barbara, if you have two preserve areas on a site and they are not
interconnected and this says they shall be interconnected, and if they're not interconnected, does that mean
they're no longer preserve areas?
MS. BURGESON: No, that just means that staffhas made a determination utilizing all of the
GMPs that the best preserves that can be created or defined by the GMPs would allow for those two
preserves, which is what we do.
CHAIRMAN STRAIN: Well, see, the word shall is mandatory.
MS. BURGESON: Correct.
CHAIRMAN STRAIN: So if they have them on-site, they can't have a reason not to connect them,
so they've got to be connected.
MS. BURGESON: Well, there are circumstances where we do not require them. And for instance,
if you have a large parcel where you've got, you know, five or 600 acres and two eagle -- active eagle nests
on-site and they're at opposite ends of that project, we don't require them to go greater than the percentage
of native vegetation. And so their priorities would be to identify the listed species habitat first. So that
takes priority in our review over connecting.
So if you've got two listed species habitats, two primary, secondary zones for eagle nests and they're
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a good distance apart, we would not and we have not required connectivity between the two of those.
CHAIRMAN STRAIN: Margie, everything I'm hearing is ambiguous. It's a little concerning when
the word shall is here.
MS. STUDENT-STIRLING: Yes, I'm concerned, too, because in hearing what I just heard, it
would seem that this should be reworded to state the circumstances when you don't have to do it.
MS. BURGESON: Right. This language would take care of that. This exception language here.
CHAIRMAN STRAIN: Okay. This doesn't seem to fit the example you just said. Say you have a
very large site and you've got two eagles nests on opposite sides of the site separated by 1,000 acres. How
does the interconnection cause a reduction in the function of that on-site preserve?
MS. BURGESON: Because it provides greater function to the listed species to increase the area of
protection around that nest than to have a narrow, skinny corridor connecting two Bald Eagle management
plan areas.
So we would, if there were no other listed species issues or no other -- I guess the priority would be
the listed species. And then using technical assistance from the agencies, if they would suggest that we go
out instead of 1,500 feet, say 2,000 feet from each of those nests, as opposed to utilizing that as a strip or
corridor between the two.
CHAIRMAN STRAIN: So even if these interconnections do not contain any native vegetation, are
not truly preserve areas, you classify them as preserve areas for the sake of them being interconnected in
other cases where you would have to count that as preserve acreage?
MS. BURGESON: No, the only time that we would count an area as preserve area that was either
very sparsely vegetated or only had ground cover would be if we had technical assistance from the agencies
identifying that those areas were wildlife corridors, and we would utilize the technical assistance, as we're
obligated to do.
CHAIRMAN STRAIN: I wish some of this stuffwas discussed and this had been worked out
before today's meeting. Because just to get this point across is going to be time-consuming.
What I'm getting at, I think you said that if you were to connect two eagles nests separated by 1,000
acres, to connect them you would have to put a strip to make that interconnection, and that strip would
deteriorate on the quantity of area around the eagles' nests that you would have preserved otherwise,
because you would have counted the strip connection as part of the preserve area. Is that a fair statement?
MS. BURGESON: Right. It would reduce the area that we could have increased protection around
the nests with.
CHAIRMAN STRAIN: Then where I was going is, then obviously -- then really that strip that's
between these two nests, whether it's vegetated or not, becomes a preserve.
MS. BURGESON: Correct. Ifwe had technical assistance that that was a wildlife corridor. But
only if it were utilized as a wildlife corridor. Otherwise it has to be native vegetation and it has to be in the
priority listing.
CHAIRMAN STRAIN: Okay, I'm just -- go ahead, Mr. Murray.
COMMISSIONER MURRAY: I'm visualizing in this illustration. Maybe it will never happen. But.
you've got this thousand acres and you've got two extremes on either ends of the properties.
MS. BURGESON: Right.
COMMISSIONER MURRAY: Adjacent properties are now developed. So anything we do about
the flight of the eagles and their pathways is associated with a radius within that property. And you're
saying that -- and they have their choice of flying in any direction they want. You're saying that you're
going to create an arbitrary line or -- no?
MS. BURGESON: No, no, we're saying we don't want to do that. And we don't do that, which is
why we want to put this exception language in there.
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COMMISSIONER MURRAY: Okay. But somewhere along the line I have to acknowledge I got a
little confused, and I'm still confused. So for your example again, would you be kind to me and explain
your example again?
MS. BURGESON: Right now if we had a project come in with two eagle nests on that site, we
would not connect those in any way with anything that we would call preserve unless we had technical
assistance from the agencies identifying that as a wildlife corridor that was valuable enough to interconnect
those two areas.
COMMISSIONER MURRAY: Oh, that's what -- now I know why I got confused. I don't know
how they or anybody else would have identified flying animals as having a corridor. I think that's where
my Issue IS.
MS. BURGESON: Actually, they do on eagles. They do identify the flight pattern from the nest.
And it is almost always a consistent pattern in a certain specific direction away from the nest. Which we
utilized that in the Sable Bay PUD to include that flight pattern area off of the nest to protect that, because
they were always utilizing it.
COMMISSIONER MURRAY: Now I get the clearer picture and I appreciate it. Thank you for --
MS. BURGESON: Sorry I was confusing you. I'm sorry.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And Barbara, quickly, isn't your problem with the way it's written
now, somebody would be required to connect those two preserves without the exception you're proposing?
COMMISSIONER MURRAY: That's what it sounds like.
MS. BURGESON: Ifwe went by that definitive language, it would be --
COMMISSIONER SCHIFFER: Required.
MS. BURGESON: -- potentially in conflict with other obligatory pieces in other sections of the
GMP, which we utilize to not require that. So we need to correct that so that we're not continuing to be that
way.
COMMISSIONER SCHIFFER: And your exception does that.
MS. BURGESON: Yes.
CHAIRMAN STRAIN: Barbara, if you were to take -- and that's number eight, and you were to
read preservation areas shall be interconnected within the site. Instead of using the word and, substitute the
word or, or to adjoining off-site preservation areas. Would that be an acceptable--
MS. BURGESON: Um-hum.
CHAIRMAN STRAIN: Because that way someone does not necessarily have to come across that
thousand acres ofland because they might have an adjoining site that would be more contiguous and
simpler for them.
Mr. Y ovanovich, you're standing there for a reason, I bet.
MR. YOV ANOVICH: Yeah. I think so. Actually, I didn't memorize her language, but I think this
is clearly inconsistent with what she has just described. She's saying that she goes through her hierarchy in
number four as to what they pick as preserve areas. And then she's saying well, we may not make you
interconnect if it's going to decrease the functionality ofthe areas that we just picked.
And I doubt that requiring that we preserve something between two eagles' nests -- and I'm not sure
that's a good example -- would in any way degrade the functionality ofthe two eagle nest areas, because it
probably doesn't -- it doesn't degrade that at all.
What I'm suggesting is, is that a very broad statement in number two that says they've got to identify
the largest area possible, most contiguous area. That can be on-site, maybe not contiguous to -- they pick
the area that's closest to an off-site preserve because that will result in the highest, most contiguous area, or
it could be on-site.
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But I don't care how you stretch it or try to argue around it, number eight requires that there be
interconnectivity. And it sounds like you don't even need eight, because you're really picking, based on
four, the areas that apply.
And I'm not sure you need eight at all, because paragraph four really identifies how we're going to
pick preserve areas, and they need to be in the most contiguous area.
So I do think that you have to stretch to try to find exceptions. I don't think that gets you there
because -- you know, we probably shouldn't argue over function, the fact that you interconnected is
somehow decreasing the function.
MS. BURGESON: I can explain that.
CHAIRMAN STRAIN: Well, I think what -- I was concerned about the same issue, but I think the
idea of function is the area around the eagles' nests would decrease to make up for the additional area used
for the interconnection and that's all part of your preserve calculation. So you would have to put less
around the eagles' nests.
MR. YOV ANOVICH: Well, I don't know that staff -- Andy can probably be answer it --limits
themselves to just the percentage that the compo plan says. I think that if there's an opportunity to say it's
going to be this area, plus the fact that it has to be contiguous and it results in more than the 25,35 percent
requirement, you get the benefit of providing additional.
MS. BURGESON: Absolutely the only time that staff requires any preservation higher than __
requires, not as offered as a result of any interagency meetings or any other agency permits, the only time
that staff requires any additional preservation over what's obligated by the GMP and the LDC is when we
get technical assistance that requires us to do that. We do not require additional preservation over the
percentage.
And it doesn't degrade from the eagle preserves, it degrades from the preserves that are identified
on-site.
So if you have a greater preserve on site by increasing preserve area around the eagles nest, which
has a higher habitat value than a strip ofland connecting the two, then you have a greater function, a higher
value preserve. Not that it's specifically reducing the value ofthose two eagle preserves, but it reduces the
value or the function of the preserves that are required for the site.
CHAIRMAN STRAIN: Barbara, I have one last question on this one and that is, what does number
eight give you that number two does not?
MS. BURGESON: Number eight gives you two things: Number eight gives you the requirement
for interconnecting with off-site preserves when appropriate, and it gives you the requirement to provide for
interconnections when there are wildlife corridors.
Those two items are not included in the previous paragraph.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And one thing you just said, when appropriate, which isn't said in
eight. So would it be a problem if you changed eight to say preservation areas, when possible, will be
connected? But you don't make it as mandatory as it is--
MS. BURGESON: Well, the reason that we want it mandatory is that -- and the reason that we
wrote the language this way to allow for the exceptions is the exceptions still keeps the project consistent
with the rest of the GMP policies.
If you say where appropriate or if possible or when the applicant chooses to do so, then we're not
going to get them to follow and abide by the rest of the remaining GMPs. This language does allow us to
do that.
COMMISSIONER SCHIFFER: But when you answered to Mark, you actually said where
appropriate in your answer. So, you know, maybe it only applies where it's appropriate.
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MS. BURGESON: From this point forward, we're recognizing that we need to put that exception
language in there. Where we would utilize number eight would be where it's appropriate, where the -- for
instance, you have some off-site preserves from the 1990's that's a stip of native vegetation that's also a
landscape buffer, but it's defined by that project as a preserve. That's not some time that we want to have
anybody connect to an off-site preserve.
Or if we have an off-site wetland preserve that has extremely low function and doesn't provide any
benefit to connect to, then we would not want to do that.
COMMISSIONER SCHIFFER: But the way eight is written, you're making it mandatory that they
connect to that --
MS. BURGESON: Which is why we're proposing the exception language. It would not be
mandatory.
MR. YOV ANOVICH: I would like to point out that paragraph 4-A addresses that. Is says wetland
or upland areas known to be utilized by listed species would then serve as corridors.
That's the first priority. It's already -- what I'm saying is it's already addressed in paragraph four.
You don't need to now require interconnectivity.
CHAIRMAN STRAIN: Ms. Student, you had a comment?
MS. STUDENT-STIRLING: Yeah, I was wondering if to take care of paragraph eight that it be
included in the deviation section, which is paragraph 12. It only references paragraphs one, two, three, six
and seven. But if that might take care of it.
MS. BURGESON: It only references the ones that could be excluded. So it does provide for a
deviation to eight, which is specifically why we put that in the back of the deviation --
MS. STUDENT-STIRLING: I'm sorry, I misread that.
MS. BURGESON: That's okay.
CHAIRMAN STRAIN: Is there a way, since you're rewriting number one, you could take number
eight and include it in number two, so that all these similar requirements seem to flow together in the same
paragraph, and if everybody's reading this they can understand what the full encompassing requirements are
and then we can see how this fits together? Because right now I don't believe it fits together very well,
based on what I've heard.
Is that something you could do?
MS. BURGESON: Yes.
CHAIRMAN STRAIN: Why don't you come back with that one as well and work on it a little bit.
Try to get together with the people who are involved, the stakeholders involved in this as well and see if we
can mitigate some of these issues so everybody understands what we're -- a level playing field. Thank you.
MR. LORENZ: There was -- you had a third issue.
CHAIRMAN STRAIN: I'm going to get there. That's where I was going next.
And it was the benefits word used on the top of Page 17.
Now, looking back on my notes from our prior meeting, we had in there does not result in any
adverse impact. And then that language, if I'm not mistaken, replaced language that said that provides a
benefit to in the original document. And then we went back to the word benefits.
And from my notes of our last meeting, I'm just trying to understand the difference between what
was originally there, which was that provides a benefit to and the word benefits. I'm not sure there's a big
difference.
Mr. Tuff?
COMMISSIONER TUFF: I recollect that very well. The EAC had presented that does not result
in adverse impact. And then the Conservancy made a statement that says, well, let's change to benefits.
And we asked him, is that -- he wasn't necessarily wanting -- he was comfortable with it saying does not
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cause adverse impacts, but then we made the change anyway.
MR. LORENZ: Yes, the benefits language is as a result ofthe direction from the CCPC.
CHAIRMAN STRAIN: But ifI'm not mistaken, didn't this element prior to this EAR rewrite have
language in it that says that provides a benefit to, to begin with?
MR. LORENZ: No, it was completely silent to stormwater and preserves.
CHAIRMAN STRAIN: Any comments from the board?
COMMISSIONER SCHIFFER: Just a quick thing. I mean, there's three conditions. One is that it
would adversely affect it. We don't want that. One is that it wouldn't affect it at all, it would be neutral.
And the third is that it would benefit it. So I'd hate to wipe out the fact that it could be neutral, it doesn't
have to benefit it.
I think that the comment is from the development industry, it's going to be easier to prove that it's
hurting the environment than it is to prove that it's neutral or benefiting it. I mean, how do you prove a
benefit, you know, more birds, the squirrels are happy?
MR. LORENZ: I agree with that last comment, it's difficult for me to envision how we're going to
actually show and demonstrate a benefit.
Where I was heading, looking at, and we're already crafting some language and we've been
shopping around with some firms for storm water and preserves, is to create some presumptive criteria that
we would all agree either provides a benefit or does not adversely affect and then we apply those criteria.
For instance, with the adverse effect language, we know that we would definitely adversely affect
true upland systems, such as xeric scrub, if we were putting water into a preserve that had a significant
amount of that kind of habitat.
On the other hand, if we have an old remnant of a wetland system and because of lowering
groundwater tables it no longer functions as a wetland, indeed it's not even a jurisdictional wetland as
determined by the agencies, putting -- rehydrating that area, you may argue that that provides a benefit
because it's maybe going back towards a wetland system.
Well, we could identifY that through that presumptive criteria that we'd establish, such as we would
allow for stormwater to go in preserves that have certain vegetative signatures. Maybe you have hydric
soils that were wetland soils in the past. And we could say that putting the stormwater in those areas
certainly will not have an adverse impact. And in some cases we might be able to say presumptively that
will be a benefit.
But for me it's easier to deal with the term no adverse impacts than it is benefits.
COMMISSIONER SCHIFFER: I'd like to kind of suggest that we go back to that.
CHAIRMAN STRAIN: Anybody have a problem with going back to that other language?
COMMISSIONER ADELSTEIN: That sounds good.
CHAIRMAN STRAIN: Okay, we recommend going back to it then.
Okay, that gets us past Page 17.
Back on Page 15, we're going to have a couple rewrites of two paragraphs, number one and two.
Page 18?
(No response)
COMMISSIONER SCHIFFER: Mr. Chairman, real quick, I'm sorry. I missed 14.
CHAIRMAN STRAIN: You missed Page 14?
COMMISSIONER SCHIFFER: Must have been asleep.
And it's the word mineral extraction. I mean, we've gone from a moving land to earth mining, now
we're to mineral extraction. I mean, is mineral such a broad term that that defines everything that people
will be digging out of the ground or --
COMMISSIONER MURRAY: I think we did that last time. We talked about it. Soil is now
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construed as mineral. I thought We settled that.
COMMISSIONER SCHIFFER: Well, I could have been asleep during that time, too.
CHAIRMAN STRAIN: Well, I'm not sure we lose anything by mineral extraction. Is that going to
__ David, is that going to cut anybody out of being able to earth mine?
COMMISSIONER SCHIFFER: Does that cover muck and organic material and stuff?
MR. WEEKS: The mineral extraction is the broader term, as Bill was just mentioning, and I
thought it was mentioned at the last hearing. If you go back to Rule 9.1.5, Florida Administrative Code and
that term is used, mineral extraction, that does include soil. So it's a broader term.
COMMISSIONER SCHIFFER: And any organic material that's going out of the ground. Soil has
organics in it, not just minerals. So the intent will never be interpreted that I can't de-muck a site because
rm not mineral extracting?
MR. WEEKS: I wouldn't think so.
CHAIRMAN STRAIN: No, I don't see that as applicable. You don't need an excavation permit to
de-muck.
COMMISSIONER SCHIFFER: Well, whatever. I'm just -- if there was muck and I was
excavating. Anyway, as long as that's not a problem.
CHAIRMAN STRAIN: Page 18?
Concern on Page 18 follows along with the reasoning Ms. Student had apprised us of earlier, and
that is maybe somewhere under number 10 we provide some language that says the prior -- the exception
language will stay in place in the LDRs until such time that the deviation language exists.
I don't know if number 10 is the right place to put that. I thought Margie indicated one of the points
on number 10 might be the right place.
MR. LORENZ: I think 12.
MS. STUDENT-STIRLING: Yeah.
CHAIRMAN STRAIN: Twelve? Okay. I think that's important to add something so that we have
the preservation of a process until the new process is adopted.
David, can you just see that that happens?
MR. WEEKS: Yes, sir. With Bill, we'll get it.
CHAIRMAN STRAIN: Or Bill, whoever writes this part of it.
Page 19?
The audience has a comment. Mr. Arnold?
MR. ARNOLD: Thank you. And it is truly a comment.
CHAIRMAN STRAIN: This is going to be one of those interactive elements, I can tell.
MR. ARNOLD: Again, Wayne Arnold.
And it's really on Page 18 under paragraph 10, the rewording. The phrase just didn't read correctly
to me, and I don't think I have a beef with what the intent is at all, because I think we all agreed that the
additional language is what we wanted.
But there's a phrase at the end of the first sentence that says to an acceptable land acquisition
program. And I remember us discussing that, but it seems like it might be inappropriately placed in the
sentence. If you read the entire sentence, at least in my version, it just doesn't read appropriately.
And I just thought that maybe it should be repositioned elsewhere to make it more clear that it could
be a land donation, it could be a donation to another land acquisition program or -- I just think it needs to be
reworded a little bit. Thank you.
CHAIRMAN STRAIN: Who wrote that, David or Bill?
MR. LORENZ: I think I wrote it. David had some comments on it.
CHAIRMAN STRAIN: Bill, do you agree with Wayne that that might be located somewhere else?
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MR. LORENZ: Yeah, we can always change for clarity.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Might I make the suggestion that where the red begins, it says land
donation to an acceptable land acquisition program or other appropriate method of compensation, as
determined in the land development regulations.
COMMISSIONER MURRAY: That will do it.
CHAIRMAN STRAIN: Okay, then let's do that. As long as no one has an objection? Good.
Let's move on. We're on Page 20 now.
(No response)
CHAIRMAN STRAIN: Page 21?
(No response)
CHAIRMAN STRAIN: Page 22?
MR. LORENZ: May I make a note?
CHAIRMAN STRAIN: Somebody's got --
MR. LORENZ: I was going to say, make a note on -- you're going to be doing the FLUE later, and
in the FLUE there's the question of the Section 24 sending lands __
CHAIRMAN STRAIN: Yes.
MR. LORENZ: -- that you will need to cover in the FLUE. But it's also referenced here on page __
well, on Page 19 where we've made the assumption under Policy 6.I.2.B that we've taken out the reference
to Section 24.
So whatever your deliberation will be on the FLUE is we need to make sure that we come back here
and be consistent with it. That was my only point on Page 19.
And then on Page 21, I had the same comment as before on paren. six, which was the citation I
needed to put that parentheses to. The policy that's listed as 7.1.2.1, it should be policy 7.1.2(2)(1).
CHAIRMAN STRAIN: Got you.
Mr. Y ovanovich, you had a comment?
MR. YOV ANOVICH: It's actually in that policy, real quickly. There's the same provisions in this
Policy 6.1.2 that are in Policy 6.1.1 regarding the benefit versus does not adversely affect. You'll see that in
paragraph 5(B).
Y ou'll also see the issue regarding whether or not the paragraph two, the largest identifiable area.
And instead of paragraph eight, it actually interacts with paragraph 11 in this policy, so we'll need to
likewise address that.
CHAIRMAN STRAIN: Richard, stop for a minute, you're moving too fast.
MR. YOV ANOVICH: I'm sorry.
CHAIRMAN STRAIN: Page 21, 5(B), has the words benefit in it. And in the previous one we
reverted back to other language.
Does any board member have a problem with doing the same thing in this paragraph?
Okay. Then David or Brian or Bill or somebody understands it. We've got a consensus on that.
Now what's your second point?
MR. YOV ANOVICH: The second point is paragraph 11 -_
CHAIRMAN STRAIN: What page?
MR. YOV ANOVICH: -- and apparently my page numbers may be a little different. I got this from
Bill. It's my Page 22.
CHAIRMAN STRAIN: Okay. It's our Page 22 as well, and it's the same language.
MR. YOV ANOVICH: Right, we have to combine it with paragraph, I believe, two on Page 20 like
we're doing in the previous policy we discussed. So that's __
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,J
CHAIRMAN STRAIN: Thank you.
Now we're on Page 22.
(No response)
CHAIRMAN STRAIN: Page 23?
(No response)
CHAIRMAN STRAIN: Page 24?
(No response)
CHAIRMAN STRAIN: Page 25?
(No response)
CHAIRMAN STRAIN: Page 26?
(No response)
CHAIRMAN STRAIN: Page 27?
(No response)
CHAIRMAN STRAIN: Page 28?
(No response)
CHAIRMAN STRAIN: Page 29?
(No response)
CHAIRMAN STRAIN: Page 30?
(No response)
CHAIRMAN STRAIN: Page 31 ?
(No response)
CHAIRMAN STRAIN: Page 32?
MR. KRASOWSKI: Page 32, sir.
CHAIRMAN STRAIN: I have one question before you say anything, Bob, and that's on the top of
page 32, Policy 7.1.6, their last sentence, the county shall evaluate the need for the protection oflisted
plants. I would suggest you drop the word and. Within one year, and I would suggest period. Because the
rest of the language, is that needed?
MR. WEEKS: Mr. Chairman, we do need to specify one year from what period, and that will be
the effective date of --
COMMISSIONER MURRAY: Yeah, I would agree with Mr. Weeks.
CHAIRMAN STRAIN: Okay. Just checking.
Mr. Krasowski, did you have a comment about one of these pages?
MR. KRASOWSKI: Yes, on Page 32, 33, it spans the air quality issue. I notice in the introduction
to this section it mentions that there's a responsibility on the part of the local community put on us by the
state to look at various things, and air quality was one of them.
So looking in the section that deals with air quality I noticed that, well, it's section eight, and one is
blank, and it refers to past text. I couldn't find the actual text.
But in 8.1.3 it identifies that the county will make an effort to look at air pollution and the sheriff
will make sure that they maintain enforcement of standards in that regard. But that's pretty much it.
And I know that we have -- there's industry -- certain industry's been invited into the community.
So we want to, I believe, have some ability to identify our ambient air quality and prevent that from
deteriorating due to any specific industry here.
And there have been troubles in North Naples where __
CHAIRMAN STRAIN: Bob, before you go too far, we can't reinvent the wheel on this today.
We've got to deal with the language that's in front of us today and mostly the changed language. Really, if
we go back, we're going to be starting into time periods we won't have enough time to do.
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MR. KRASOWSKI: Well, how about just adding the provision under 8.1.4 for industry? Could
you read that? I don't have a copy of the document.
CHAIRMAN STRAIN: 8.1.4 says Collier County shall continue to develop and maintain a
comprehensive county-wide air quality monitoring program. It's comprehensive.
MR. KRASOWSKI: Comprehensive, okay.
CHAIRMAN STRAIN: Margie, did you have a comment?
MS. STUDENT-STIRLING: Yeah. I don't pretend to be an expert on the Clean Air Act, which is
a federal law. But it would seem that perhaps some of this area may have been preempted by federal
regulations for air quality.
CHAIRMAN STRAIN: Okay. And I don't mind having stronger ideas, but if we have some --
Bob, if you could get them to us ahead oftime so they can be digested before we get to the 11 th hour on
these parts of the document, it would have been more helpful. Thank you.
MS. STUDENT-STIRLING: That, I might add, would need quite a bit of digesting because that's
very complicated. And to figure out if something is preempted or not is also very complicated.
CHAIRMAN STRAIN: That's where I was going. Ijust didn't want to discourage you. We should
always be looking for --
MR. KRASOWSKI: Well, I see these other people get up from the development industry and
make -- you know, it's a large document, I have a few comments to make. I'm here, I might as well make
them.
CHAIRMAN STRAIN: I have no problem with that. I think what they're doing is correcting the
language that's already here. And that's what we have to focus on.
MR. KRASOWSKI: I should be more specific, then, so Ijust -- okay.
CHAIRMAN STRAIN: Thank ypu.
MR. KRASOWSKI: Thank you.
CHAIRMAN STRAIN: Page 33?
(No response)
CHAIRMAN STRAIN: Page 34?
Mr. Weeks.
MR. WEEKS: Mr. Chairman, clarification back on Page 32. I just want to make sure I was clear
then. I think the commission was recommending that -- in that new language on Policy 7.1.6, top of the
page, on that replacement sentence that we place a period after --
CHAIRMAN STRAIN: No, we weren't changing it, we left it as it is.
COMMISSIONER MURRAY: Just deleted and, I think.
CHAIRMAN STRAIN: No, no, it doesn't need to be deleted if you don't put the period in. So just
leave it like it was.
MR. WEEKS: Thank you.
MR. LORENZ: Mr. Chair?
CHAIRMAN STRAIN: Yes.
MR. LORENZ: On Page 28, there was a -- if we can go back to that, please. And it's in Policy
6.2.4, parentheses four. The public had indicated to me, and I'm trying to -- just a second -- had indicated
to me that the language that we were dealing with in parentheses four, and I believe we had some
discussion about this at our last meeting about the area that was identified on the future land use map and
the Immokalee master plan. When I went back to my staff, and I've got my staff here if we need to get
involved in any details, we really had not identified that area appropriately. And within the plan, this
language would not work well.
So I worked with the -- with Andy Woodruff here and he made -- if you need to have some
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background -- which suggests that this language that you see in front of you would be most appropriate
than what we have currently now. Because that area has not been properly identified.
And maybe with that, if Andy wants to discuss it any further.
CHAIRMAN STRAIN: Let's wait to see if we have any questions. I mean, the language is pretty
straightforward. I don't myself have a question on it. Does anybody here?
(No response)
CHAIRMAN STRAIN: No, we don't have -- no indication of any problem with the language for
that, so that's the language we'll continue with.
MR. LORENZ: Thank you.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir. But you've got a problem with it.
MR. WEEKS: We do need to tweak that language a bit. It makes reference to the property being
designated as environmentally sensitive on the Immokalee future land use map. And we now have
modified the future land use map to specifically identify this area. It's just a minor tweaking.
But as opposed to simply saying environmentally sensitive, we now specifically have this area as
part of these amendments, that particular strand is identified and has a particular notation on the legend of
the Immokalee future land use map.
We just need to tweak this to correlate with the map.
CHAIRMAN STRAIN: That's all you have to do.
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: That's fine. Thank you.
Back to Page 35.
(No response)
CHAIRMAN STRAIN: Thirty-six?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: On Policy 10.1.7, why is the description of what an ST overlay
district is, why is that all crossed out? Is that because it appears in the LDC, or -- what is the purpose of
taking that language out?
MR. LORENZ: Unfortunately this is a policy that David worked on. David, on Page 36 __
COMMISSIONER CARON: You guys.
MR. WEEKS: What did I do now? See if! help you again, Bill.
Thirty-six, okay.
COMMISSIONER CARON: Why did you strike the purpose of the district?
CHAIRMAN STRAIN: The ST language has been struck under 10.1.7 and Ms. Caron is
wondering why.
MR. WEEKS: Basically it just seems superfluous. I mean, the ST regulations exist, they apply,
and if you go to the Land Development Code, it will explain it to you.
COMMISSIONER CARON: So it's in the LDC--
MR. WEEKS: Yes, ma'am.
COMMISSIONER CARON: -- to answer my question.
MR. WEEKS: Sure is.
CHAIRMAN STRAIN: Page 37?
(No response)
CHAIRMAN STRAIN: Page 38?
(No response)
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i.
'/
MR. WEEKS: Page 39?
(N 0 response)
CHAIRMAN STRAIN: Page 40?
(N 0 response)
CHAIRMAN STRAIN: Page 4I?
(No response)
CHAIRMAN STRAIN: Page 42?
(N 0 response)
CHAIRMAN STRAIN: Page 43?
(No response)
CHAIRMAN STRAIN: Page 44.
(No response)
CHAIRMAN STRAIN: Page 45?
(No response)
CHAIRMAN STRAIN: Page 46?
(N 0 response)
CHAIRMAN STRAIN: Page 47?
(No response)
COMMISSIONER SCHIFFER: Ding.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And I guess it's the rewording of 12. I mean, what is the intent
there, just to think of all the things we can do to make buildings safer or just note that we're going to make
buildings safer?
CHAIRMAN STRAIN: What number are you on?
COMMISSIONER SCHIFFER: I'm sorry, 12.2. This is a new -- this is our first time.
CHAIRMAN STRAIN: It's a new objective. Who wrote that?
MR. WEEKS: I could say it was, I believe, a joint effort between our department and Dan
Summers' staff in emergency management.
MR. ZYVOLOSKI: Rick Zyvoloski, emergency management.
Yes, he's right, it was a joint effort to try to make it consistent with the ordinance that dealt with
post-disaster recovery operations and the recovery -- disaster recovery task force.
We changed working on -- in fact, the ordinance proposal has been in draft now for a little bit over
a year. We reported to the board last March that we were recommending a change in the ordinance, staff
was, due to the fact that recovery task force would be more productive to meet after a disaster event to be
called up so it could be more tailored to the needs of the impacted community.
And based on our experiences from Wilma, we went back to the drawing board to see if we could
make things smoother.
COMMISSIONER MURRAY: Mr. Chairman, according to my notes we had it in there to rewrite.
We asked staff to rewrite it.
CHAIRMAN STRAIN: Mr. Schiffer's got the question about it, so--
COMMISSIONER SCHIFFER: No, I was just curious. I mean, we're listing a bunch of things,
Rick, but essentially these are prudent things we would do anyway, aren't they?
MR. ZYVOLOSKI: Yes, sir. I think my main ownership to the disaster recovery ordinance was
that it be made ad hoc, and it really falls in Community Development's range, because they are the recovery
portion of Emergency Management. And I guess they needed the language to work for them.
CHAIRMAN STRAIN: Brad, is there as reason that you don't like it?
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COMMISSIONER SCHIFFER: Well, I mean, the other one is fine, but this is fme. It's a small
point. I have more questions in this area, but --
CHAIRMAN STRAIN: Do you have more -- Ms. Student?
MS. STUDENT-STIRLING: Could I have a clarification? Are we discussing objective 12.2?
COMMISSIONER SCHIFFER: That's what it was, yes.
MS. STUDENT-STIRLING: Okay. Because there is a requirement, I'll have to hunt for it, in 9.J.5,
that says we need to address limiting activities in the coastal high hazard area where there might be danger
and so forth. I can -- I'm sorry, I'm not stating that exactly in the best manner, but there is, I believe, a
provision in 9.J.5 that requires that we address this.
COMMISSIONER SCHIFFER: And my question really was is what was there before, this is kind
of different. And maybe what was there before is what you need for the 9.J.5.
Anyway, I mean, I can move on.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER CARON: 12.2.2. And why was this changed, David?
MR. WEEKS: We were trying to put the impact of this policy on public facility requirements as
identified in the AUIR. That's what we wanted the focus of the policy to be.
It already -- it presently refers to the public facilities, but it also goes on to speak to how density is
limited in the coastal high hazard area. As you can recall, that's been problematic in the past.
Weare making parallel changes to the future land use element to identify what the density allowed
in the coastal high hazard area is. And I still believe that that is the appropriate element to have that
limitation, not the CCME.
CHAIRMAN STRAIN: Okay. Page -- before we go to 48, for the benefit ofthe court reporter,
we'll be breaking about 2:30. And if the young lady at the commission desk in there is listening to me,
she'll know we'll be in for coffee about that time, so dual purpose.
Page 48?
COMMISSIONER SCHIFFER: I have a question.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Policy 2.2.5, we're adding now that we're going to do a local study
MR. ZYVOLOSKI: Yes, sir.
COMMISSIONER SCHIFFER: -- to see where the coastal high hazard is.
And Rick, are you expecting that to reduce the extent of the coastal high hazard or increase it?
MR. ZYVOLOSKI: We don't know. We're trying to use some of our current technology. I think
that it's mainly the evacuation study, and Florida Division __
COMMISSIONER SCHIFFER: But is it going to be defined by where you think a Category 1
storm surge would put water? I think that's what it's saying. Just a clarification. I'm fine with it.
MR. ZYVOLOSKI: I know that we're -- it's -- we didn't have the advantage ofLIDAR before. And
our hurricane evacuation analysts are going to be using some of the more modern items. The -- and we are
having the study. But I really can't -- I'll have to get back on that, if you need something a little bit more
specific.
COMMISSIONER SCHIFFER: That's good. I was just curious, because it's new wording, first
time we've seen it. I was wondering what it was up to.
MR. ZYVOLOSKI: Well, the previous study was under contract by the Regional Planning Council
to do the evacuation study, and they don't always necessarily get a contract. And they in fact bid on the
restudy. So the contractors will come back and tell us.
So we've cleaned up the language, I guess, perhaps to untie it from southwest regional planning
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council's evacuation study, because they might not always have the official study.
COMMISSIONER SCHIFFER: I'm glad to see that. I'd rather see your study than -- that would be
good.
MR. ZYVOLOSKI: That was our goal, we wanted the study to focus more on what Collier needs,
as opposed to the regional study. They did just that, the region, and we wanted to give them areas of
emphasis.
COMMISSIONER SCHIFFER: Done.
CHAIRMAN STRAIN: Page 49?
COMMISSIONER SCHIFFER: I have a question.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Margie, is the -- isn't the disaster recovery task force in the Land
Development Code?
MS. STUDENT -STIRLING: It's in the code oflaws, and it's being amended now to incorporate it
within some revisions to the post-disaster recovery ordinance.
And one of the reasons that we didn't want to put all their duties in here was -- and refer it to the
areas, because if we needed to add a duty or something or take something out, and have to amend the
compo plan to do that, that doesn't make a lot of sense.
COMMISSIONER SCHIFFER: Where do we -- and Rick, you can answer it. Where do end up in
the compo plan dealing with mitigation situations? I know you have a committee that does that, but I don't
see it in here anywhere.
MR. ZYVOLOSKI: It's referenced --
COMMISSIONER SCHIFFER: Okay, I see it, never mind, 12.1.13.
CHAIRMAN STRAIN: Okay, page 50?
(N 0 response)
CHAIRMAN STRAIN: Then after page 50, there's a table that doesn't seem to be in the place it's
supposed to be in. It's called Immokalee development, 186-138324 FY '05, '06.
COMMISSIONER SCHIFFER: Due to the global warming, they're fearing that Immokalee might
be a coastal management area.
COMMISSIONER CARON: I think it belongs in Immokalee Master Plan, or not there at all,
actually.
CHAIRMAN STRAIN: If it's not part of the record, we probably need to make sure it's eliminated.
MR. COHEN: You want me to take a look at it?
MR. WEEKS: Looks like either AUIR or something in the copier.
MR. COHEN: We can add it, though.
CHAIRMAN STRAIN: No, there would be too many questions. The table does not apply.
Okay, basically we have finished with the CCME with the exception of two paragraphs, and that is
parens one and two on Page 15. And that staff will come back to us with, as soon as they get a chance, and
let us know the status on that.
We've also got to go back to the housing element and finish up one paragraph on that.
Before we go too much further, I want to talk about the extension of this meeting today. I'd like to
finish today. I think we can if we keep plowing through it. The FLUE is going to take a little while, but
after that hopefully it will move faster.
What's the feeling ofthis board as to the latest they'd like to --
COMMISSIONER MURRAY: How long is the coffee going to stay hot?
CHAIRMAN STRAIN: Well, the coffee shuts down at 5:00.
COMMISSIONER MURRA Y: You better tell them to make more coffee then.
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CHAIRMAN STRAIN: Russell?
COMMISSIONER TUFF: Keep going.
CHAIRMAN STRAIN: Bob?
COMMISSIONER MURRAY: Absolutely.
CHAIRMAN STRAIN: Lindy, you've got to leave at--
COMMISSIONER ADELSTEIN: Whenever I have to.
CHAIRMAN STRAIN: Donna, you have any time constraints?
COMMISSIONER CARON: I'll be here.
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: I'd actually like to leave a little after 4:00, but let's see. You won't
need me, I don't think, will you?
CHAIRMAN STRAIN: Well, if you do leave, we'll go faster. I mean, it will be--
COMMISSIONER SCHIFFER: If I leave now, we can get done before 4:00.
CHAIRMAN STRAIN: Tor, do you have any problems with time?
MR. TOREKY: No, I can stay.
CHAIRMAN STRAIN: For the benefit of the court reporter, then it looks like we'll go until we're
hopefully done. And that could be between 5:00 and 6:00, based on the rate we're going right now. So if
you have a replacement that has to come in, that kind of gives you a heads up.
I'd like to --
MR. COHEN: Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MR. COHEN: I know you mentioned housing earlier. Mr. Giblin is ready with substitute
language, if you want to go back to that.
CHAIRMAN STRAIN: Yes, I would like to finish that up. And Mr. Anderson, you have an issue
MR. ANDERSON: I've got a question, a procedural question.
CHAIRMAN STRAIN: Sure.
MR. ANDERSON: When is it that you want us to get with staff on working these out?
CHAIRMAN STRAIN: About a quarter of2:00. I thought you'd be done by -- when we get back
from the break, if you'd got it done, I'd like to get through this. And if you can't, then we'll do it at 5:00 or
5:30. But I'd like to finish it today. And if you can't, we'll do it for you. You may just not like our
outcome.
MR. ANDERSON: Sure.
The same change that was at issue on Page 15 is also at issue on 20.
CHAIRMAN STRAIN: Yes, I know. Thank you.
Cormac, let's run back and see if we can finish the housing element up before we go on break.
MR. GIBLIN: Sure. Again, for the record, Cormac Giblin, Housing and Grants Manager.
I believe the only outstanding issue was the last sentence on Objective 1.
CHAIRMAN STRAIN: That's correct.
MR. GIBLIN: And I've drafted some new language to replace it. And I think for clarity sake, it may
be helpful to make this a new paragraph. So paragraph one would end with the words in rule, Collier
County.
We start a new paragraph then for -- just for clarity. And let me just read what I've come up with, I
guess. Collier County shall pursue interlocal agreements with the City of Naples, the City of Marco Island
and Everglades City to require that each city provide their proportionate share of affordable-workforce
housing units or the financial equivalent. Each city's proportionate share and fmancial equivalent will be
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.;j
evaluated and substantiated by the most current data, studies and methods available to the county.
CHAIRMAN STRAIN: That sure gets us a lot further than this paragraph.
COMMISSIONER ADELSTEIN: It sure does.
CHAIRMAN STRAIN: Yeah, I like that. Does anybody have any issues with it?
COMMISSIONER SCHIFFER: The only thought is maybe or cities, just in case they have better
data than you.
COMMISSIONER CARON: We're the only ones doing it.
CHAIRMAN STRAIN: Let's just keep our data at this point. And ifthey want to work with
Cormac, they can. But I think we ought to be running the train, since we're taking the brunt of the --
COMMISSIONER SCHIFFER: I just didn't want us to be bullies, that's all.
CHAIRMAN STRAIN: I think it's the other way around in most cases.
Cormac, I like your language.
COMMISSIONER ADELSTEIN: So do I.
COMMISSIONER MURRAY: Good job.
COMMISSIONER ADELSTEIN: Who did it for you? I had to, I'm sorry.
COMMISSIONER MURRAY: He doesn't say much, but when he does, it's tough.
CHAIRMAN STRAIN: With that, is there a motion to recommend approval of the housing
element with the changes noted by staff and the changes discussed and presented here today?
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, second by Commissioner
Murray.
Is there discussion?
(No response)
CHAIRMAN STRAIN: Hearing none, all those in favor of the motion, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response)
CHAIRMAN STRAIN: Motion carries 7-0.
COMMISSIONER CARON: You'll get us that language?
CHAIRMAN STRAIN: Just e-mail us a copy of it.
We've still got a few minutes. I'd like to go into the ICE. Now, my fIrst page is labeled Page 2.
COMMISSIONER ADELSTEIN: So is mine.
COMMISSIONER CARON: And it's the only one.
CHAIRMAN STRAIN: We're on ICE, between the FLUE and the CCME. And how many pages
are supposed to be part of this element?
MR. SCHMIDT: Total?
CHAIRMAN STRAIN: Yeah.
MR. SCHMIDT: Mr. Chairman, the total number of pages are seven.
CHAIRMAN STRAIN: Okay. We only have Page 2. So we won't be able to listen to this element
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right now. But give us the remaining pages during the break so that we come back--
MR. WEEKS: Mr. Chairman, the reason we only gave you one page is at your last your last
hearing this was the only page affected by your --
CHAIRMAN STRAIN: Excellent. Okay, that's even better.
COMMISSIONER CARON: Stop killing trees.
CHAIRMAN STRAIN: There's a lot changed on Page 2. How many questions do we have?
COMMISSIONER SCHIFFER: So moved.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Okay, there's a motion made by Mr. Schiffer to recommend approval of
the ICE element, subject to the changes presented. Seconded by Commissioner Adelstein.
All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER TUFF: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response)
CHAIRMAN STRAIN: Motion carries.
Now we're prepared to go into the FLUE. Before we start, let's take a lO-minute break. We'll be
back at 2:35. Fifteen minute break, I'm sorry.
(A break was taken)
CHAIRMAN STRAIN: Okay, it's 2:35, we can go back on the air -- or back on record.
MR. COHEN: Mr. Chairman, we do have speakers on this one as well.
CHAIRMAN STRAIN: Okay, let's start in with the FLUE, and let's see how we can move through
this. We'll start with Page 1.
(N 0 response)
CHAIRMAN STRAIN: Page 2?
Question on Page 2, and Mr. Scott is not here. Is he planning to be here for this?
MR. WEEKS: Not to my knowledge.
CHAIRMAN STRAIN: Okay. Well, David, under Policy 2.6, it's TCMAs and TCEAs. In the
second sentence it starts, new developments within the TCMAs and the TCEAs that commit to certain
identified traffic management strategies may reduce the traffic impact mitigation measures that would
otherwise be applied to such developments.
I was looking at those strategies, and I know they're in the transportation element, but they may not
reduce the mitigation to traffic impacts. And if they don't, why would we want to let them reduce --let
them come on line if they can't -- ifthey don't make sure they reduce those impacts. And my concern is
that maybe the word may should be changed to shall.
It's in the second line up -- the third line up from the bottom. We don't want them coming on line if
they're not going to reduce the traffic impacts. That's the whole purpose of the TCMAs and EAs.
MR. COHEN: I think that would be appropriate.
CHAIRMAN STRAIN: Okay. That was my suggestion.
You understand where I was talking about, David?
MR. WEEKS: Yes.
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CHAIRMAN STRAIN: Page 3? Ms. Caron?
COMMISSIONER CARON: Why is the strike-through here?
CHAIRMAN STRAIN: The top one, you mean?
COMMISSIONER CARON: Yeah, right at the top of the page, implement the county's
transportation and concurrency management system.
MR. WEEKS: That doesn't -- wait a minute. I believe we've relocated -- we struck reference there,
and instead have it over in Policy 2.6. I believe that was a comment made at the last hearing, that it didn't
fit with that objective.
CHAIRMAN STRAIN: Okay, Page 4?
(N 0 response)
CHAIRMAN STRAIN: Page 5?
(No response)
CHAIRMAN STRAIN: Page 6?
(No response)
CHAIRMAN STRAIN: Page 7?
(N 0 response)
CHAIRMAN STRAIN: Page 8?
(No response)
CHAIRMAN STRAIN: Page 9?
(N 0 response)
CHAIRMAN STRAIN: Page 10?
(No response)
CHAIRMAN STRAIN: Page II?
COMMISSIONER CARON: Wait. Excuse me, Page 10.
CHAIRMAN STRAIN: Page 10, okay.
COMMISSIONER CARON: The -- under E, at the top ofthe page, why are you striking
environmental impacts and compatibility considerations?
MR. WEEKS: That was the vote of the Planning Commission at the last meeting. After
discussion.
COMMISSIONER CARON: Okay. Outvoted once again.
CHAIRMAN STRAIN: Page II?
COMMISSIONER CARON: Excuse me?
CHAIRMAN STRAIN: Do you have Page II?
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: Mr. Arnold?
MR. ARNOLD: Hi. Again for the record, Wayne Arnold.
And I wanted to just simply get clarification on item E as well. That was my comment on the future
land use element.
I remember discussing this last time and I just wasn't quite clear in measuring -- I have one of these
properties that we're hopefully trying to come in from industrial to a lesser commercial district and I'm
doing a planned development and limiting uses. And I can probably demonstrate better compatibility. I
know I don't have any different environmental impacts. I'm not exactly quite sure what I have to do to
demonstrate a public facility impact and just wanted to maybe get a brief discussion from David. I know he
wrote that language, and so I better understand that myself.
MR. WEEKS: That's why we do a comparison of the -- excuse me, have the applicant prepare a
comparison ofthe public facility impacts under the existing zoning, what would be allowed versus their
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proposed zoning. That would be looking at road, water, sewer, drainage, solid waste, the old Category A
public facilities which we no longer refer to by those category names.
Also would consider additional public facility impacts of the old Category B, such as libraries,
parks and recreation facilities, et cetera.
Furthermore, in doing the evaluation of the comparisons, we would recognize that ultimately the
hearing -- the staff and the hearing bodies could place a different weight on each of those public facilities.
For example, I know I mentioned this last time around, transportation impacts are one of the most
important. This is more of a hot button issue than, let's say, solid waste impact perhaps.
So that if a proposed zoning was going to show an increase on one public facility but a decrease on
another, one might outweigh the other such that the end result is even though some public facilities will be
greater impacted, others will be lesser. And the end result might be it's acceptable to make the zoning
change.
MR. ARNOLD: Thank you.
COMMISSIONER CARON: I would still be of the opinion that environmental impacts and
compatibility consideration should be included in that mix.
CHAIRMAN STRAIN: But David, my notes from our last meeting show that the entire element E,
item E was struck. And you just removed the center part. That was our -- the original discussion was
remove the center language. Then I have the whole thing crossed off.
What do you have?
MR. WEEKS: My notes show that at first the Planning Commission discussed removing all ofE
and then later backed that off to the phrase that's shown struck through here, the environmental impacts and
compatibility considerations only.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: That's what I have in my notes, that we did that.
MR. WEEKS: There was quite a bit of discussion, as you may recall.
CHAIRMAN STRAIN: Anybody have any other comments on this piece? Otherwise we'll move
on.
(No response)
CHAIRMAN STRAIN: Page II?
(No response)
CHAIRMAN STRAIN: Page 12?
(No response)
CHAIRMAN STRAIN: Thirteen?
(No response)
CHAIRMAN STRAIN: Fourteen?(No response)
CHAIRMAN STRAIN: Fifteen?
(No response)
CHAIRMAN STRAIN: Sixteen?
(No response)
CHAIRMAN STRAIN: Seventeen?
David, stop me when we get to this Section 24. I know there's people here that want to talk about
that. So if! fly by it. I have read that endangered species study. I know we have comments on it.
MR. WEEKS: It will be way at the back.
CHAIRMAN STRAIN: Page 18?
(No response)
CHAIRMAN STRAIN: Page 19?
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(No response)
CHAIRMAN STRAIN: Page 20?
(No response)
CHAIRMAN STRAIN: Twenty-one?
(No response)
CHAIRMAN STRAIN: Twenty-two?
David, on 22, in Item L, talks about affordable workforce housing. Now here it said it shall be
provided those earning less than or equal to 100 percent of the median household income in Collier
County. So obviously this paragraph doesn't apply to just the government program assistance types,
because that's only up to 80 percent.
So then why isn't this up to the full definition affordable workforce instead of just -- how did we
randomly select 100 percent, or did we randomly select that?
MR. GIBLIN: Commissioners, again, for the record, Cormac Giblin, Housing Development
Manager.
We've gone through many sections of the compo plan to clarify what the intent was of provisions
that were created before we had affordable workforce, gap, all these different levels.
For this particular one, and just to be sure I'm on the same one, we're on the research and
technology part?
CHAIRMAN STRAIN: Page 22, yes.
MR. GIBLIN: Okay. When that section was created about two or three years ago, the county had
two separate definitions: One for affordable housing, which was capped at 80 percent of median income,
and a separate definition for workforce housing, which was capped at 100 percent of median income.
We had to go back through all of these sections to determine what level of affordability, if you will,
as a generic term, the provisions were intended to mean. If we were to go through now and just
automatically say that everywhere it says workforce it means up to 150 percent, it would actually be
diluting the intent ofthe language as it was originally created.
MR. WEEKS: Mr. Chairman, a comment.
CHAIRMAN STRAIN: It didn't help with my answer, but go ahead.
MR. WEEKS: To comment further, the existing text that is in bold black, that is showing what is
there presently. And we use the term workforce housing in several places on Page 22. And then down in
paragraph L that you asked about, the term workforce housing exists as well as a parenthetical phrase
affordable housing.
CHAIRMAN STRAIN: Right.
MR. WEEKS: And again, the distinction being that affordable housing is the 80 percent or less of
median income. The workforce housing goes up to 100 percent, and above that 150 is the gap housing.
So our intent here is to try to maintain the same level of income as the original intent of the
language that's in the FLUE today. And so the original language did not contemplate and did not allow for
the gap housing, so we're trying not to allow it now as well, but just to stay consistent.
CHAIRMAN STRAIN: First of all, the definition of affordable workforce now goes up to 150,
though, right?
MR. GIBLIN: The definition is affordable workforce, to be followed by the percentage of median
income you're targeting.
CHAIRMAN STRAIN: Not in this paragraph, in the LDC. The new language approved by the
BCC defmes affordable workforce up to --
MR. GIBLIN: Zero to 150 percent.
CHAIRMAN STRAIN: Okay. That's what I was getting at.
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'~
F or some reason you believe that -- or somebody believes research and technology park subdistricts
should be limited to 100 percent of median income. Is that what this says?
MR. GIBLIN: That's what this says. But it's not because we arbitrarily or randomly believed it, it's
because it was it written originally to mean.
CHAIRMAN STRAIN: Oh, I know, but we're here to change things that need to be change. So
why wouldn't be just put a period after density rating systems and let the definition run the criteria.
MR. GIBLIN: Because, and this is --like I said, this is only one instance of -- this idea occurred in
several places throughout the rest of this plan. Right now we have on the books a requirement that housing
be built at a certain income level, 100 percent of median income. That would equate to a $225,000 home.
Ifwe were to now amend this -- or not amend this sentence to restrict it to only what it was
intended to mean at the time, all of a sudden we've increased that requirement to now be up to, what,
$330,000 homes.
I think it dilutes the original intent of the language that it was written to target.
CHAIRMAN STRAIN: You're saying that the people you believe that will utilize jobs and
research and technology parks need the housing up to about a $225,000 purchase price level, and the other
grouping is not needed in those parks; is that what it boils down to?
MR. GIBLIN: No, sir. I'm saying that ifthis commission or the BCC would like to target a higher
income level, to do that in addition to the existing language we have here.
So if this commission or the BCC deems that there is a need for housing at above 100 percent, then
to mandate that as well in this section, but not to dilute the existing provisions we have in here.
CHAIRMAN STRAIN: How do you see -- okay, I'm -- how do you see by just living with the
defInition that the BCC has now approved it dilutes this? Maybe that's what I don't understand.
MR. GIBLIN: Simply because right now the limit is a $225,000 home.
CHAIRMAN STRAIN: Right.
MR. GIBLIN: To make the suggestion that I think you are leaning towards, that all ofa sudden
makes it a $325,000 home. That is a dilution I think of the intent of the original focus ofthe language. It
allows the people building these homes to sell them for more money, to sell them to higher income people.
CHAIRMAN STRAIN: Would they have to be classified as affordable workforce?
MR. GIBLIN: At 150 percent.
CHAIRMAN STRAIN: Right.
MR. GIBLIN: Yes.
CHAIRMAN STRAIN: Okay. Would they have to come under certain standards like that matrix
table?
MR. GIBLIN: I don't believe so. You mean standards as in --
CHAIRMAN STRAIN: No, the quantities. In the matrix that was approved a few days ago by the
BCC, if you utilize gap, you've got to use a certain percentage of other affordable levels as well. Would
that apply here?
COMMISSIONER ADELSTEIN: Yes. It would have to.
MR. GIBLIN: Yes, sir.
CHAIRMAN STRAIN: Well, if that does apply here, then I can't see what providing a mix like -- I
mean, BCC has agreed that a mix is needed. So why wouldn't we just simply want to apply that? I don't
understand what this dilution thought pattern is. I'm puzzled by it. I can't grasp it.
MR. WEEKS: Well, let me put it differently. If a site wanted to come in and develop an R&T park
and they wanted to build 10 dwelling units, with the proposed language proposed here all of those would
have to be at or below 100 percent median income.
CHAIRMAN STRAIN: Right.
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MR. WEEKS: If we used the new defInition that allows it to go all the way up to 150 percent of
medium income, then some portion of those units would be within the gap housing; therefore, some portion
of that 10 -- only a smaller portion of that 10 would be at or below 100 percent of median household
Income.
So that's why the dilution, because now the developer has the broader range for his or her 10
dwelling units.
CHAIRMAN STRAIN: Yeah, but by the BCC's election to go with that matrix, they've
acknowledged that there's a need out there that hasn't been fulfilled, so why wouldn't they want to fulfIll it
on every project? I don't know why we would want to look at this any differently than --
MR. GIBLIN: I agree they've acknowledged the need. And I think to accommodate that need
additional restrictions or proposals need to be put in place, not an exception to an existing proposal.
CHAIRMAN STRAIN: Well, my recommendation would be after the word density rating system
put a period and let the definition rule the day.
Anybody else on this panel have any comments?
COMMISSIONER MURRAY: I just wanted to pose the question, is it a bad thing, especially in a
research and technology park? They're going to look for people with skills, higher levels and so forth. Is it
a bad thing to have a mix that tends to weigh toward the gap level rather than the lower level or the median
income level?
MR. GIBLIN: Certainly no one is saying that it's a bad thing. We're saying that this is the intent of
the original language.
COMMISSIONER MURRAY: You used the word dilute. So when I convey in my mind, dilute, I
see it being a bad thing. So what does dilution mean in that context?
MR. GIBLIN: Dilution means that according to the original language, all ofthe units need to be at
one income level. If you delete this added language, now all the income limits are at a higher income level.
COMMISSIONER MURRAY: That I appreciate.
MR. GIBLIN: And that is where I'm coming from when I say the word dilute.
COMMISSIONER MURRAY: And that's what it causes me to ask is that a bad thing. And of
course your response is no, it's not a bad thing but it's not the intent. But the intent was before we had a
rating system.
So maybe what our recommendation is that we're trying to say that okay, the BCC could keep it this
way, but I would think we would recommend it just where he says, to end it at the density rating system and
have it applicable to all ratings.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Well, that's exactly what I'm saying. This is yesterday, now
we're today. This has been approved now. Why wait another year to get to this? The answer is the 150
goes in now, the three of them are there. Don't put them up any other way, just do it like he said, just
indicate that they are there.
MR. GIBLIN: Commissioners, if! can kind oflead you to where later on in this chapter where we
talk about a rural village. Because I think that the issue -- or the example can be made more clearly.
In a rural village, there's an existing provision in here, that -- and I'm just going to use
approximately -- approximately five percent of the units built in there need to be what used to be called
affordable housing at 80 percent of median income, and an additional five percent of the units need to be
what we used to call workforce housing at 100 percent of median income.
Now, those produce unit types and income mixes ofa certain mix. If the defInition is now changed
to increase that to 150, you end up with a different unit mix than was originally intended.
And I guess my position is that if the CCPC or the BCC would like to see that gap range also
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addressed, that that be added to rather than replaced of the existing requirement.
COMMISSIONER ADELSTEIN: You're not replacing it, you're adding it to, correct. And that's
what should happen.
MR. GIBLIN: Well, sir, I think that the way the conversation is going, we're looking to replace the
existing requirement with a new requirement.
COMMISSIONER MURRAY: If! may?
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER MURRAY: The 100 percent is going to change, but ifit goes by the density
rating system it should embrace all of the number potential. And yes, it will, using your concept of diluted,
in that your focus on the people who we, you know, were poor, if you will, or really need those jobs, as it
were, I grant you, that will be diluted.
But for a research and technology park, the gap probably is the kind of level you're looking for,
people who can afford a little more because they have a little more education, et cetera. You won't allow
that to happen on that basis, then. You won't prevent it but you won't at allow it either.
MR. COHEN: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. COHEN: While I confIrmed with Mr. Weeks, you know, we're prepared to go ahead and go
along with the CCPC recommendation with a period after density rating system, but at the same time, allow
Mr. Giblin the opportunity to research a little further, and if there is something that staff is being consistent
with its recommendation, we would incorporate it in the report and just do it that way.
CHAIRMAN STRAIN: And as we talked, if you have such a suggestion, if you would include it as
a sub note, not as part of the text.
MR. COHEN: Exactly.
CHAIRMAN STRAIN: We're going to take a five-minute break to exchange -- oh, 10-minute
break -- we just got one but we'll have another one -- to exchange court reporters.
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(Short recess was taken)
CHAIRMAN STRAIN: Okay. The court reporter is up and running so let's resume our meeting.
We left off on page 22.
(No response)
CHAIRMAN STRAIN: Page 23.
(No response)
CHAIRMAN STRAIN: Page 24. And, David, same application, No. II?
COMMISSIONER MURRAY: Right, same thing.
CHAIRMAN STRAIN: You've got a certain amount that would have to be 80 percent, but then
we'd bring in the higher range. And with the higher range and receipts you should go up to the full limit of
the definition.
MR. WEEKS: Mr. Chairman, in this case--
COMMISSIONER MURRAY: Specific.
MR. WEEKS: It's a specific subdistrict and also there's a pending rezone application.
COMMISSIONER MURRAY: It's specific.
MR. WEEKS: My suggestion is that we leave it.
CHAIRMAN STRAIN: Leave it?
MR. WEEKS: I would like to point out something else, Mr. Chairman, on the same page Item No.
3 above, which is under the Commercial Mixed-Use Subdistrict, I believe it was that specific number. But
at any rate, under that Commercial Mixed-Use Subdistrict, the Planning Commission had suggested we
look into the matter of adding a requirement to the developed mixed use, develop affordable workforce
housing. And staff chose not to add any language.
Our concern is that a requirement to provide affordable workforce housing might be a disincentive
to doing a mixed-use development. I think that we have competing interest here. We're trying to promote
mixed-use development and we provide a certain incentive to do that, namely some density bonuses. But at
the same time, if we start adding a requirement that to do a certain type of unit which restricts your ability,
your -- your financial gain because you have to do some affordable units, we're concerned that that's -- that's
going to have the opposite effect. It's not going to be a strong incentive, a strong promotion for mixed-use
development.
Our suggestion is, let's don't add the workforce requirement. Let's wait and let this subdistrict be
implemented. And if we come to find out that it's -- it's popular, that people are using it a lot, then we
could consider adding workforce requirements.
CHAIRMAN STRAIN: Well--
COMMISSIONER MURRAY: I wouldn't --
CHAIRMAN STRAIN: -- my concern there is, David, as this county has learned, by the time we
figure out something could have been done a different way, it's done so bad so long and so much, you can't
change it. As far as additional density in commercial areas being mixed use or whatever, if we didn't have
an additional density in this entire county right now, I wouldn't lose any sleep over that.
So if we're incentivizing projects to go with mixed use to give them more density, I'm not sure it's a
benefit not to get something out of it for the social good of the community other than more high-priced
units on top of high-priced Fifth Avenue type stores. So -- I mean, that's probably where we were coming
from originally. I don't know. I mean, Mr. Murray --
COMMISSIONER MURRAY: Being intimate with the subject, I think the LDC language, now it's
completed, it'll be submitted shortly, it -- it is not intended either for low-salaried people or high-salaried
people. It is intended to -- to effectively do away with strip malls for the period oftime, hopefully. But it
would provide opportunities depending upon the developers' interests to -- to put in some affordable
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housing, GAP housing. And bonuses are necessary beyond the incentives that we hope to -- that they'll
appreciate, then so be it. But right now thinking that this is good this way, if what I've just said is
meaningful to you in the absence ofthe language, it probably is not as meaningful as I'd like it to be.
CHAIRMAN STRAIN: Bob, it looks by this there can be up to 16 dwelling units per acre.
COMMISSIONER MURRAY: That's a lot.
CHAIRMAN STRAIN: Right. And if -- maybe what we should consider is after so many dwelling
units, if they want more than additional X, then it has to be -- they have to equalize an affordable
component. But I really think that any new density without an affordable component is detrimental.
COMMISSIONER MURRAY: We go by -- on the mixed use that we've done which is the
commerciaVresidential component or residential or commercial, the underlying -- the underlying zoning is
the -- is the factor. And that would bring you into the world of what bonuses you might be -- be able to get.
I don't think we're -- we're not granting -- David, we're not granting 16 -- we're not granting up to 16 bonus
units arbitrarily in any ofthe mixed-use language, are we?
MR. WEEKS: This provision would allow for up to 16 units per acre for properties that are in the
urban area, not within the coastal high-hazard area and not within the -- within the urban residential fringe.
That's what's allowed. I view that as the sky is the limit. The reality is because these properties are zoned
Cl, 2 or 3, they have a height limit of -- I forget if it's 35 feet or 50 feet. The height limits are going to
come into playas a natural restriction of just how many units can be developed. As -- as is other design
standards, your parking requirements and so forth. So the 16 units per acre sounds like a lot and is a lot,
but we don't expect to see anywhere close to that actually getting developed.
Brad, do you want to --
COMMISSIONER SCHIFFER: You're right. I mean, there's an open-space requirement. I think
it's 60 percent of that unless you have commercial, which some people put a phone booth on the corner and
count that and then it's 30 percent.
CHAIRMAN STRAIN: Well, you know, if someone's utilizing this density and we don't require
them to do affordable housing, they aren't -- they aren't going to do it, but--
COMMISSIONER SCHIFFER: Mark, I mean, I can differ. I can make an argument that the lack
of density is causing our housing problem too. I mean, I think that -- anyway. We don't need to get into a
debate over the virtues of density, but --
CHAIRMAN STRAIN: Well, no. This is an important aspect. If this conversion and this
mixed-use conversion occurs and starts becoming popular, which, you know, some things like this should
and may become popular in the urban area, Marcado's my fIrst thought. That's an awfully nice project.
They don't have, I don't believe, an affordable housing component.
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Unless 600,000 plus is affordable housing, it might be soon in this county
but it isn't right now. Ifmore of that happens, we're not going to have any -- it's unlimited density.
David, you had --
MR. WEEKS: You're still quick to make a distinction. And I don't want to belabor the point, but
Marcado went through a public hearing process to be rezoned. And that may -- maybe this re-enforces your
point. This provision is applicable to commercial zoning. Primarily it would be already in place.
CHAIRMAN STRAIN: Right.
MR. WEEKS: But if a property qualifIed to be rezoned for commercial such as in the activity
center, it could be rezoned to CI, 2 or 3. And then as a matter of right be able to add the dwelling units. So
I would anticipate that, for the most part, this application will be to existing zoning.
COMMISSIONER MURRAY: That's the way it was contemplated. We need to vet that language
when it comes to us.
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CHAIRMAN STRAIN: Well, David, is there some way we could hook the process so if they want
to use the density, the residential density pursuant to this provision and they do not choose to utilize
affordable housing, then they have to go through the public process, but if they utilize a percentage of
affordable housing, they can do that by right. Is that a way to approach it that might be more palatable?
MR. WEEKS: You mentioned a couple things. That -- that's one potential. Obviously, that's going
to have an impact on this proposed Land Development Land Code Amendment that Mr. Murray referenced
to implement this provision.
Another would be -- another point you made was to put a cap. For example, no more than four
units per acre by right. Anything above that, you have to have an affordable-housing component.
CHAIRMAN STRAIN: Well, that would do it. Make it simpler. But I'm not sure four is the right
number since -- I mean, I would see a little bit lower, because as you say, if the height restriction, four
nobody utilizes right now. So they could do --
COMMISSIONER MURRAY: Well, the mixed use that we're talking about that's coming does
allow for stand alone eventually. It's contemplated to be a mixture of those things. So I -- I really have no
problem in including affordable housing in it. It was hoped that that would be the case. We tried to
incentivize this in order to produce a result that hopefully will change some other things.
Now, we can include affordable housing at that point, but this -- this is not -- is this the time for
that? Is this appropriate to do that? Will it impact negatively in any way on -- on what -- because I know
you're familiar with what I'm talking about. Sorry to sound like I'm --
CHAIRMAN STRAIN: Yeah. Mr. Schiffer.
COMMISSIONER SCHIFFER: Bob, you done?
COMMISSIONER MURRAY: Well, I was asking Mr. Weeks a question. He knows where I'm
coming from on this and I don't want to prevent -- I don't want to stop anything dead before it gets started.
And at the same time, sure, I'm open to that. I'm open. Sure.
MR. WEEKS: It will certainly impact the Land Development Code amendment that we just
initiated. We're going to have to go back to modify that. Or I guess a different way of looking at it is
because the time line's being different, this change, if that's your direction, can be made. And by the time
these GMP amendments are adopted and go into effect, I would anticipate that these LDC amendments
would already be in place. So then we would simply probably the next cycle for the LDC have it -- modify
it now to add this requirement for the affordable housing element.
COMMISSIONER MURRAY: Which I would hope we would do it that way in order to get this
started, this process. But, you know --
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: I mean -- and, Bob, I don't know what your committee did, but I
think this is exactly where you want affordable housing to begin with. I mean -- so I really think that I
would like to see us make this totally an affordable housing situation. This is where the workers can walk
to work and live above work. These are not the most desirable sites in town for luxury apartments on 41
and C zoning isn't where you're going to be fighting with the millionaires for the penthouse. So I really
think that I would like to see this be totally an affordable housing situation.
COMMISSIONER MURRAY: I would -- I would ask you to hold off on that because I think it
would kill all of the work that four and a half years produced, quite frankly.
COMMISSIONER SCHIFFER: Well, Bob, what position should we hold that?
COMMISSIONER MURRAY: Well, I think you might include some partial. I don't have a
problem with some partial number in there.
CHAIRMAN STRAIN: How about in excess ofthree residential units--
COMMISSIONER MURRAY: That's fine.
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Marcb~2!ol
CHAIRMAN STRAIN: -- per acre?
COMMISSIONER MURRAY: Just to get it started.
CHAIRMAN STRAIN: Okay. That's a compromise that can go forward. I'm sure the BCC will
want to vet this one out a little bit more as welL
COMMISSIONER MURRAY: Right.
CHAIRMAN STRAIN: So why don't we start with that suggestion. We'll highlight fuis issue.
Staff can include a reference that any zoning, any density above three units per acre out of these mixed-use
districts will have to be affordable housing and go from there.
MR. COHEN: Clarify for the record -- to clarify that for the record, that's affordable or workforce
housing; correct?
CHAIRMAN STRAIN: Yes, that's what I'm referring to.
COMMISSIONER MURRAY: Did we not consider those as interchangeable now?
CHAIRMAN STRAIN: Well, I thought so.
MR. WEEKS: I believe the reference would be any density in excess ofthree dwelling units per
acre must provide affordable workforce housing in accordance with the -- that particular LDC provision.
We just want to spell out that mix so -- of the different unit types.
CHAIRMAN STRAIN: That's correct.
COMMISSIONER MURRAY: That's fine.
COMMISSIONER ADELSTEIN: That's it.
CHAIRMAN STRAIN: Okay. Let's move on. Page 25.
(N 0 response)
CHAIRMAN STRAIN: Twenty-six.
COMMISSIONER SCHIFFER: I have a 26.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Dave, just for -- this is a conversion of zoning again which I'm
trusting you that the commission after we met with them they decided that they wanted to keep this in. I
believe that, I think.
But what the concept here says is converted. I mean, isn't this exactly -- isn't this good land for the
mixed-use development? What you're really saying is if! have acreage and I -- you know, take some of
fuat acreage and make it residential, which means I can't build commercial on it, right, so I can't do mixed
use on it, I get 16 units to put some place else which maybe on the land next to it that I'm not converting.
But say I have a ten-acre site. I'm going to say I'm going to give you five acres, get my sixteen. The
other five acres I'm going to build a shopping center. I'm going to put 16 on top of that plus what we just
talked about. I mean, is that the incentive? I mean, to me I think this is contrary to the concept of
mixed-use development which we're learning we need for transportation and all these other things.
MR. WEEKS: It's really two different provisions. I can't argue with the need for affordable housing
or for mixed-use development. That's a goal of the county. Go back in history when the plan was adopted
in 1989. The purpose for this density bonus was to provide an incentive for commercial zoning that is not
consistent with the Future Land Use Map to be changed.
COMMISSIONER SCHIFFER: Right.
MR. WEEKS: We had a carrot and a stick. This is the carrot. The stick was the zoning
re-evaluation program wherein the county did, in fact, rezone a little over 200 acres from commercial to
noncommercial zoning. Again, zoning that was not consistent with fue Future Land Use Map.
But the carrot -- the stick is over. The program has ended, but the carrot remains. And that's this
conversion provision here. Ifwe eliminated it, then that's No. I, it's going to require people to either
develop as it's zoned commercial or do mixed use. But it's -- it's -- it's going to allow that commercial
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of;
,.~
zoning that is not consistent with the Future Land Use Map to remain.
COMMISSIONER SCHIFFER: Okay. I'm done. I mean --
MR. WEEKS: Strict commercial-- isolated commercial parcels.
COMMISSIONER SCHIFFER: Tiny parcels.
MR. WEEKS: By and large.
CHAIRMAN STRAIN: Page 27.
COMMISSIONER SCHIFFER: I have a 27.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And this is one more shot at the workforce housing by--
affordable housing by right. I mean, this is really where the rubber meets the road on -- you know, we're
the Planning Commission. Do we really not want to allow a way to kind of juice up this program by
allowing -- my suggestion would be is rather than use the density bonus system of -- as in the ordinance, I
would say that anybody who wants to make 100 percent affordable housing up to 150 percent, that they
should be able to do that by right.
CHAIRMAN STRAIN: Brad, we discussed this in length at our last meeting.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: I can tell you categorically my position has not changed on any references
that this applies in this entire EAR amendment. So to save us all trouble, let's poll the board so we know
where we all stand.
COMMISSIONER SCHIFFER: I know, being like a dog on a leg on this issue, but the thing is that
-- I mean, we really have to do something to get this thing going. And this is exactly where we have to be
is give the people a density to get right in the saddle and build this stuff right away.
CHAIRMAN STRAIN: I think destroying existing neighborhoods is not the way you accomplish
the goal. And before we -- let's just ask, Mr. Tuff, your position on this, has it changed since the last
meeting?
COMMISSIONER TUFF: (Indicating)
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: No.
CHAIRMAN STRAIN: I haven't.
Ms. Caron?
COMMISSIONER CARON: No. And I would suggest that we get the 4,500 units we already have
approved out of the ground and then you can consider density by right.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: No.
CHAIRMAN STRAIN: And Mr. --
COMMISSIONER SCHIFFER: You forgot to ask me.
CHAIRMAN STRAIN: I know what yours is. Okay.
COMMISSIONER SCHIFFER: Okay. Move on.
CHAIRMAN STRAIN: Move on. Page 28.
(No response)
CHAIRMAN STRAIN: Page 29.
(No response)
CHAIRMAN STRAIN: Page 30.
(No response)
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CHAIRMAN STRAIN: Page 31.
(No response)
CHAIRMAN STRAIN: Page 32. Page 32. Okay.
COMMISSIONER CARON: I have a question on 32.
CHAIRMAN STRAIN: Okay. Well, let's start with Ms. Caron on 32 and then David has a
question as well.
COMMISSIONER CARON: We went from a third of a mile from an activity center or we went
from a quarter of a mile to a third. Was there a specific -- specific reason?
MR. WEEKS: My recollection of your direction and per my notes, a quarter mile was discussed,
but I did not believe that that was a specific direction. At any rate, I can tell you that as a member of the
development community, Bob Mulhere had proposed -- it was either Bob or Wayne. I don't -- I don't
remember which, Wayne Arnold, had proposed one-third of a mile. Staff thought that that was acceptable.
We already have a basis for the third-of-a-mile dimension. And the PUD neighborhood village center
subdistrict in the FLUE there's a requirement that that neighborhood center -- excuse me, village center
with the commercial component must be within one-third ofa mile of80 percent of the dwelling units, but
there's already a basis for that dimension. That's why staff had proposed that. Certainly if the commission
proposes -- recommends a quarter of a mile, then so be it.
CHAIRMAN STRAIN: I thought that was a compromise. I think some were asking for a half a
mile and we had a quarter and a third seemed to be a fair compromise so...
MR. WEEKS: Okay. Additionally, much of the language that you see here was proposed by
Wayne Arnold. I tweaked it some. And he has reviewed it and has indicated his acceptance of it.
I would further like to modify the language, though. I believe what the Planning Commission
desires clearly is to allow some of the activity center generated density to be spread outside ofthe activity
center. And the staff position, we still don't support it, but as long as the density bands are being
eliminated, then that kind of tempers the staff position. Because this allows -- the density band would
already allow for some additional density outside the activity center. And that's proposed to be removed.
So in a sense staff can view this as a replacement provision that allows for some increased density so that
we have a transition of density and intensity of use inside the activity center to outside of it by allowing
some to be spread.
One of the statements that's made in this proposed language is that we want to create compact and
walkable mixed-use projects, but that's just a statement. It's not a requirement. Staff would like to add an
additional phrase at the end of the -- ofthe red sentence that you see. And I'll put it up on the visualizer. I
need Katie to turn the visualizer on.
CHAIRMAN STRAIN: I was just going to say. We've got a lot of blank screens up here.
MR. WEEKS: I can read the language into the record. I've got it --
CHAIRMAN STRAIN: There she goes.
COMMISSIONER CARON: Oh, here we go.
CHAIRMAN STRAIN: She's listening.
MR. WEEKS: Wrong direction, I'm sure.
CHAIRMAN STRAIN: You ought to put a little arrow on that thing. Everybody has that same
problem.
MR. WEEKS: The short of it is -- is adding a requirement -- a requirement, a mandate that the
development -- the commercial -- the development within the activity center must be pedestrian oriented,
must be interconnected with the remainder of the project. It is to try to create some functional integration
between the activity center portion of the project and the nonactivity center portion.
CHAIRMAN STRAIN: Okay.
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March 30, 2006
COMMISSIONER CARON: Yeah. That's what?
CHAIRMAN STRAIN: I'm sure the development community would agree to that. As Richard
wanders to the podium. Did you have something to say on this issue?
MR. YOV ANOVICH: I do.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: But not -- I would like to see --
CHAIRMAN STRAIN: Ms. Ford, that's Richard Y ovanovich for the record.
MR. YOV ANOVICH: Sorry. I keep forgetting that.
I would like to see the ability to not only be able to spread the units within a third of a mile, but if
100 percent of those units generated from the activity center are affordable units, I'd like to have the ability
to locate those anywhere within the project. And that would also afford us to be able to provide some
different types of amenities for people who we're serving with our affordable housing instead of having
have them live next to the store or above the store.
We may be able to provide some additional amenities within the project. Obviously, they'd be --
still be interconnected. We don't have a problem with interconnection, you know, through our pathways,
through our roadways, through bicycle paths. But I think it's an opportunity to encourage more affordable
housing from units that are being generated from that site. So I'd like to see an exception for affordable
housing that it could be located anywhere within the project and not within one-third of a mile.
CHAIRMAN STRAIN: David, would that bring into situations where we could have concentrated
apartment housing on the intersection itself instead of commercial or something that may not be as useful at
the heart of the intersection?
MR. WEEKS: I don't think that's what Rich is proposing. But right now there's no requirement
that activity centers be developed commercial. So someone could come in and develop an activity center to
residential now.
My one question I was going to ask, is such a provision necessary? If you're located outside of the
activity center, you're eligible for a density bonus for -- for the affordable workforce housing of eight units
per acre plus a base density of four. So that's 12 units per acre. What's the need to get activity centers in
and spread it out.
MR. YOV ANOVICH: Well, I don't think that's technically correct. Not every activity center in
Collier County is eligible for a density bonus of eight. For instance, if you're in the urban fringe, the
density's one and a half. Now, with the TDRs, you can get to two and a half. So if you want to --let's say
you had a 40-acre quadrant, that would generate 100 units. If you wanted to take those 100 units and do
them all as affordable housing within the project, why would you want to discourage somebody from doing
that? Youtre trying to give an economic incentive to provide affordable housing. The economic incentive
is -- is you're using the density created by the activity center. And you're using it within -- you're using it
within -- and it's a much lower bonus.
It's not -- it's not even a bonus of trying to go to -- for instance, there's a provision in there right now
that says you can go to six in certain portions. And you can't -- certainly cantt go to eight. You certainly
can't get to 12. What I'm suggesting is this would be another opportunity to provide for affordable housing
by allowing the transfer of those units.
CHAIRMAN STRAIN: Okay. I think we understand where you're trying to go. Thank you,
Richard.
And, David, I'd like to get your comments.
MR. WEEKS: If the project is in the urban residential fringe, Rich is correct, you would not be
able to get the affordable housing density bonus. You would not get any density bonus. And that's because
we don't encourage high-density development in the urban residential fringe. It's simply not appropriate.
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MR. YOV ANOVICH: I would find it hard to believe that the overall project still has to meet the
one and a half units per acre. And I'll be quiet, but the comment about high density is not accurate in the
urban residential fringe. Because, remember, the base is one and a half. Through TDRs you can get to two
and a half.
I would submit that two and a half more units per acre on the activity center is not a high density
project. It's nowhere near four. It probably would bring you to an overall project density of2.501 or
something like that. I mean, it would be such a small fractional increase. And it would seem that we
clearly need more opportunities to provide affordable housing.
CHAIRMAN STRAIN: Thank you. And I know that this was thoroughly vetted at our last
meeting. It was one of the bigger issues between the development community and everybody else that was
dealing with this. And we had asked that the groups work together and come back with some language
which they have done. I wish that you had brought your issue into play earlier than today.
MR. YOV ANOVICH: Well, I -- David. David and I spoke about the issue. And David and I, as
you can tell, respectfully disagree. That doesn't mean I shouldn't be allowed to present --
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: -- you know, our opinion. So it's not -- it's not coming here for the first
time today.
CHAIRMAN STRAIN: Okay. You can present your opinion as -- as always. I just wanted to
make sure that this didn't -- this seemed new to us, so I didn't know if it was new to David. David's had
more time to think about it than today. That's good news.
Mr. Arnold, you're standing up there for a reason.
MR. ARNOLD: Yes, thank you. Wayne Arnold. I just wanted to say that David shared the
language that he has on the visualizer with me earlier and I have no objection to that language.
CHAIRMAN STRAIN: Okay. Any comments from the panel as to --
(N 0 response)
CHAIRMAN STRAIN: Hearing none, we'll move -- we'll move on.
Page 30 -- David, at this point, then, there's no changes recommended for the language except the
changes -- well, let's talk about David's changes. I don't see a problem with the changes David's
recommended on the screen. Does the rest of the panel have any concerns over it?
COMMISSIONER SCHIFFER: They're good.
CHAIRMAN STRAIN: Okay. David, we'll utilize your language and move forward.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: Page 33.
(No response)
CHAIRMAN STRAIN: Page 34.
(No response)
CHAIRMAN STRAIN: Thirty-five. Mr. David Weeks.
MR. WEEKS: Mr. Chairman, on paragraph 2 on page 35, the last text in red you can see the word
"commercial" has been inserted. And that was not anything at your direction. It was actually a request
from the private sector for clarification. As a result of a privately initiated Growth Management Plan
amendment about two or so years ago, this text was added and a plus or minus 19-acre property was added.
And it was specifically allowed to have these uses as identified here in the text on the page; 185,000 square
feet of various commercial type uses.
However, the word "commercial" does not exist presently. It simply says, Development shall be
limited to this 185,000 square feet. The concern by the private sector was that might be viewed to mean
that no other uses are allowed there and that is not the way staff would read this, but we could understand
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how someone could argue that point. That is, all other activity center uses are still allowed.
So, for example, if the property owner chose to develop with residential or institutional uses, that
would still be allowed and so I wanted to clarifY. However, in inserting the word "commercial," that would
preclude one -- at least one additional use that we don't want to preclude. And that is the provision that
allows for support of medical facilities when located within a one-quarter mile of a hospital or a medical
center. And as you probably know there's a new hospital being built or about to be built in close proximity
to this activity center.
So staff would propose adding a parenthetical phrase after the term "commercial" that's in red and
then the word "development" insert, Exclusive of the one-quarter mile support medical uses. Again, the
point is to make sure that we don't preclude development of such uses within this activity center.
CHAIRMAN STRAIN: Any objections or concerns with that?
COMMISSIONER MURRAY: That's good. That's a good thing.
CHAIRMAN STRAIN: Okay. Then it looks like the consensus is to go forward, David.
Page 36.
(No response)
CHAIRMAN STRAIN: Thirty-seven.
(No response)
CHAIRMAN STRAIN: Thirty-eight.
(No response)
CHAIRMAN STRAIN: Thirty-nine.
(No response)
CHAIRMAN STRAIN: Forty.
(No response)
CHAIRMAN STRAIN: Forty-one.
(No response)
CHAIRMAN STRAIN: Forty-two.
(No response)
CHAIRMAN STRAIN: Forty-three.
(No response)
CHAIRMAN STRAIN: Forty-four.
(N 0 response)
CHAIRMAN STRAIN: Forty-five. David, this is one of those places where we have the same
issue with the housing level.
MR. WEEKS: If! could speak just a moment on this.
CHAIRMAN STRAIN: Sure.
MR. WEEKS: Not to try to convince you necessarily but to explain. This is -- this is what Cormac
had made reference to earlier when he was speaking. The first part ofthis provision changing the O.2-unit
per acre for providing affordable workforce housing from a bonus to a mandate is simply to be consistent
with the Land Development Code.
CHAIRMAN STRAIN: Right.
MR. WEEKS: The FLUE was adopted to provide for bonus, but the LDC was adopted as a
mandate. We simply wanted to make the two consistent. But we did not want to preclude the ability to
provide additional affordable workforce housing as a bonus. So that's what the original language proposed.
And I presume your direction is going to be to eliminate the percentage cap.
CHAIRMAN STRAIN: That's what I -- that's what we talked about earlier and I think it should
still be that way for all those points. Anybody have an objection to it?
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(No response)
CHAIRMAN STRAIN: Page 46.
(No response)
CHAIRMAN STRAIN: Forty-seven.
(No response)
CHAIRMAN STRAIN: On page 48.
MR. COHEN: Mr. Chairman, you have a speaker.
CHAIRMAN STRAIN: Okay. Let's finish with 48 before we go to the speaker. On page 48 that
percentage cap occurs numerous times. So if you could make sure those are all caught, David.
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: It's the same issue. Okay. And who is -- what -- Wayne?
MR. ARNOLD: Again, for the record, Wayne Arnold. And I apologize. I had a note on page 42
and it's really a question because I can't make out the language in -- in my copy.
Under paragraph 11, the Goodlette Pine Ridge commercial in-fill subdistrict. I remember Bruce
Anderson spoke to this issue. And he and I wrote this specific comprehensive plan subdistrict several years
ago. And the intent was to allow these certain commercial uses in addition to the underlying urban
designated uses. And I thought the concurrence from the Planning Commission was that that would be the
case because the language was previously stricken that was in there.
COMMISSIONER CARON: That is in there now, though.
MR. ARNOLD: Is it? Because my copy's kind of unclear and I was just looking for clarification
that it was.
COMMISSIONER CARON: Double underlined in red.
CHAIRMAN STRAIN: Double -- yeah.
COMMISSIONER CARON: I'm sorry.
CHAIRMAN STRAIN: The double underlined with a strike through--
MR. ARNOLD: Okay.
CHAIRMAN STRAIN: That means it's okay.
MR. ARNOLD: Maybe that's my problem. Thank you.
COMMISSIONER MURRAY: Confirming that. My notes here say, Do not strike out so...
MR. ARNOLD: Thank you very much.
CHAIRMAN STRAIN: But, Wayne, you're right. It's definitely been confusing on that issue.
MR. ARNOLD: All right.
CHAIRMAN STRAIN: Page 49.
(No response)
CHAIRMAN STRAIN: Page 50.
(No response)
CHAIRMAN STRAIN: Page 51.
MR. YOV ANOVICH: I think you just blew past Section 24, Red Cockaded Woodpeckers.
CHAIRMAN STRAIN: No. It would be impossible because David was going to remind me when
we got there.
MR. YOV ANOVICH: I think -- I think --
MR. WEEKS: Fifty-three.
MR. YOV ANOVICH: JIve got 47 under the North Belle Meade Overlay.
COMMISSIONER CARON: Not there yet.
CHAIRMAN STRAIN: Yes, it is on page 47.
MR. WEEKS: Oh, I let you down, sir.
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MR. YOV ANOVICH: I was there for you, David.
MR. WEEKS: Thank you, Rich.
CHAIRMAN STRAIN: Okay. Well, I know that there's a lot of debate on this one so I expect both
parties to be able to tell us what their concerns are. I'm -- we've all distributed and we've all received a
Southern Bioms Report. And I've read it. I'm sure the rest of the commission has read it. I don't know if
we want to start with questions from the commission or statements from the parties.
Why don't you start off, sir.
MR. WOODRUFF: For the record, Andy Woodruff. I can reiterate some of my concerns that I
brought up the last time that we had this hearing and discussion regarding Section 24. Some of those
specific concerns were that the study was not a specific foraging and cavity survey for Section 24. It was a
North Belle Meade Overlay Restoration Plan that was presented.
The study identified basically any property that had pine trees on it with the potential to be restored
as either a cavity or a foraging habitat. It didn't identify ifRCWs were actually nesting or foraging on a
particular piece of property. But from that perspective it -- I mean, I knew that information before the study
was conducted. I knew that we had pine trees on this piece of property. And, you know, at the time--
we've known that we've had RCWs on this piece of property. So it hasn't told me anything new since the
study's been done. So it -- it didn't assess what the nesting and foraging habitat was being provided on
Section 24.
CHAIRMAN STRAIN: So you just -- are you acknowledging on record that there are RCWs on
that property? Did I hear you -- just hear you say that? I mean, I thought that's what I just heard him say.
MR. WOODRUFF: We -- we -- I -- I don't know what the current situation is on Section 24. I
don't know. I -- I can say that I've done permitting on Section 24. We did permitting back in the '90s on
Section 24. We did consultation with the U.S. Fish and Wildlife Service for Red Cockaded Woodpeckers
on 24.
CHAIRMAN STRAIN: So you haven't -- you're acknowledging there have been or there were at
some time RCW s on Section 24?
MR. YOV ANOVICH: On a portion, not the entire Section 24.
MR. WOODRUFF: Correct, yes. On a portion of property on Section 24, that's correct.
MR. YOV ANOVICH: Keeping in mind what this does --
CHAIRMAN STRAIN: Okay. This doesn't let you talk a little more when you started because
when you said that I was a little startled. I thought that was the opposite of where you were going on our
last meeting. Go ahead, Rich.
MR. YOV ANOVICH: No. And -- and what we're saying is the whole purpose of this was
supposed to be a study of the entire Section 24 to determine which portions, if any, should be set aside as
an area for Red Cockaded Woodpeckers. No study has been done.
I represent several clients within Section 24, one of which is a farm, and so does Andy. And what
we were -- we're asking, nobody came to us and said, Hey, can we have access to your property to do a
study? What I think what they did is they just looked at some aerials. I think they looked at aerials before
when they originally did the -- the identification. What we thought was actually going to be a specific
study of Section 24 and say, maybe over here it makes sense. Instead, it's just a sweeping classification of
all of Section 24 to go from neutral to sending. But I -- and I'm not -- it's not based on any specific study.
There was nothing done to my knowledge new that wasn't already done when they originally
designated it as sending. And I believe the board was saying, Go do a more in-depth study of that specific
section and come back to us, tell us what -- what -- what you think and provide justification for going from
neutral to sending. And we don't believe that that has occurred.
CHAIRMAN STRAIN: Ms. Caron, did you have a question?
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COMMISSIONER CARON: Yeah. 1-- I just have a question. At the last meeting someone got up
and said that people were prevented from getting onto properties.
MR. YOV ANOVICH: I can tell you that none of my clients were ever asked to be allowed to come
onto the property. So that's -- you can't --
COMMISSIONER CARON: I'm sorry. Would you repeat that, please.
MR. YOV ANOVICH: None of my clients were asked for access to their properties. So you can't
prevent somebody if you're not asked.
COMMISSIONER CARON: My point precisely.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: You need to ask.
CHAIRMAN STRAIN: I think we're going to have to get staff to provide us with some comments.
I know there's other public speakers and we'll work our way through everybody.
Bill, are you aware ofthis study? Are you knowledgeable about this study or who's the most
knowledgeable person at the county about this?
MR. LORENZ: Yes. I have Mac Hatcher here who's on our staff. He's the most knowledgeable.
He worked with -- with -- with a consultant.
THE COURT REPORTER: Your name, please.
MR. LORENZ: My name is Bill Lorenz, Environmental Services Director.
The study was done by Gaza Devosta. Gaza was familiar with the area. He's been on the section --
section -- various portions of Section 24 lands in addition to North Belle Meade lands and is
knowledgeable, has personal knowledge ofthose areas. We used him because of his personal knowledge
not just what we had initially done, my staff, which was simply going through a -- throwing -- going
through an aerial analysis. He did -- I'm not aware and Mac may be aware of, but -- but we did not contract
him to physically go on and -- on -- on properties within all of the North Belle Meade.
It's -- it's impossible to go out on all properties. And the data analysis that we wanted to gather was
-- was based upon his personal knowledge of being on properties and there for other -- other -- other --
other work that he has done in that area is to then tell us as to what -- what those -- those habitats were. So
that was -- that was the general direction and the scope ofthe study of what he came back to us with. And
Mac Hatcher can speak more specifically if you have any more specific questions about the study; Mac
worked with them.
Mac has also gone out on the site last Friday because Conservation Collier has purchased the
property. And we were out on the Conservation Collier land, which is the 65 acres to the north. I can bring
up the slide and Mac can show you a little bit closer where -- where it was. Mac's observations were they
actually saw one bird and heard others in that -- in that property.
So -- so we are convinced that there are RCW s within Section 24. That the habitat is in Section 24
is similar to the habitat in other sending lands within the North Belle Meade where there are -- where we
established those sending lands for purposes of RCW s.
The other point is is that in terms of restoration, we just adopted the bonus credits for the TDR
program. And those bonus credits, of course, you would receive if you were in sending lands, provides for
a restoration and management component that would facilitate or -- or enhance the viability of the RCW
habitat, excuse me, within that section.
So -- so with that, let me have Mac Hatcher speak to any specific data and information
requirements you may have.
CHAIRMAN STRAIN: Thank you. I do have many specific questions. I have read the report in
detail. My first question, though, is if Gaza did this, why is he not here today?
MR. HATCHER: Gaza is --
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March 30, 2006
',.
'*
...."
CHAIRMAN STRAIN: That's Mac Hatcher.
MR. HATCHER: Oh, for the record, Mac Hatcher of the Environmental Services. Gaza's a
consultant. He's not a full-time employee of the county. We didn't request him to attend the meeting.
CHAIRMAN STRAIN: Okay. If the board doesn't mind, rlljust start asking questions from the
book.
COMMISSIONER MURRAY: I just want to make one comment on the notes that I made. It
seems to me the study to be handed, which whatever study there was, that Mr. Woodruff was supposed to
get that at a minimum.
CHAIRMAN STRAIN: Staff gave us the study later in the --
COMMISSIONER MURRAY: Is that what it was? Because I know I made a note here and I
thought was the key element to the study. Oh, that's it. Okay. I read that. Okay.
CHAIRMAN STRAIN: Mac, on page 12 of the study the following sentence -- I'm going to be
reading data from the study, just asking your response.
Well, first of all, for the record someone said you were on the Collier County property -- Collier
Conservation property within this unit?
MR. HATCHER: Correct.
CHAIRMAN STRAIN: Unit 24, and did you actually see Red Cockaded Woodpeckers, RCWs
there?
MR. HATCHER: Yeah. We observed one Red Cockaded Woodpecker last Friday morning.
CHAIRMAN STRAIN: And that you heard signs of others?
MR. HATCHER: Correct, yeah.
CHAIRMAN STRAIN: On the top of page 12, it says, Populations ofRCW may have been
distributed among these recovery units, but were not surveyed. And rm -- Gaza, this is his language. So he
did not -- he was not contracted to survey RCW s, but just their habitat?
MR. HATCHER: Correct. He was contracted to survey the 24 sections within the North Belle
Meade planning area to identify potential habitats, not to identify specific cavity trees or cluster locations.
CHAIRMAN STRAIN: Then he said, However, data has been provided which indicate that
populations exist within or near the majority ofthe recovery units.
Do we know if -- what that data is and do we know what the majority of the recovery units he's
speaking of are?
MR. HATCHER: The recovery units he's speaking of are the areas that were identified in the
report as potential habitat.
CHAIRMAN STRAIN: Is 24, though, one of the majority that -- that the data provided showing
that there were populations within or near those?
MR. HATCHER: Yes, it was. We had data from the Game and Freshwater Fish Commission and
U.S. Fish and Wildlife Service indicating that there were cavity trees or clusters within that area.
CHAIRMAN STRAIN: And within Section 24?
MR. HATCHER: Correct.
CHAIRMAN STRAIN: Okay. And then it goes on, And, therefore, may exist to the extent
allowed by habitat limitations of the recovery units.
Does that mean simply that he checked the vegetation and to the extent the vegetation was viable
for that species, they could potentially, then, be on that unit?
MR. HATCHER: Correct.
CHAIRMAN STRAIN: On page 13 ofthe same document Gaza says, Field maps were digitized
using background aerial photography. In most areas there was sufficient detail to be comfortable with the
accuracy of the data transferred.
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Do you know if Section 24 there was sufficient detail, he says, in most areas in 24?
MR. HATCHER: Yes.
CHAIRMAN STRAIN: So 24 was--
MR. HATCHER: Section 24 wasn't any different than any of the other areas.
CHAIRMAN STRAIN: Okay. Within each ofthe three recovery units there are large areas
designated as potential or active RCW nesting or cavity tree habitats.
When he says active, does he have -- did he verify, then, that there was actual species present on the
site or tI1at -- just that they could be on the site?
MR. HATCHER: He did not verify that -- that the clusters were active at that point in time.
CHAIRMAN STRAIN: Okay. Then he says, It is also important to note that only Recovery Units
A and B had documented RCW activity specifically within Sections 24, 25 and 36, T49 South, R26E.
Do you know if that documented RCW activity is what? Do you have any idea what he was
referring to?
MR. HATCHER: He had been a consultant and -- and/or was a consultant for the school board
which owned the property in Section 24 at that point in time.
CHAIRMAN STRAIN: Okay. So--
MR. HATCHER: He had also served as a consultant for the Hideout Golf Course which is in the
section immediately south of Section 24 and includes property in Section 24. So his -- his prior experience
as a consultant allowed him to know that there was activity in that area.
CHAIRMAN STRAIN: Okay. The rest is Unit C. Those are the last questions I have on the
species survey. Basically what it boils down to, then, is that you've witnessed RCW in Section 24. Gaza
witnessed RCW in Section 24.
And the applicant has acknowledged witnessing RCW -- or not the applicant, but one of the
representatives ofthe land holder have acknowledged seeing RCWs in Section 24. And then also an
adjoining area, Hideout Golf Club, RCWs have been acknowledged as being there as well. Is that
everything -- is that in order.
MR. HATCHER: Yes.
CHAIRMAN STRAIN: Okay. Are there any questions of staff at this point?
Mr. Kolflat.
COMMISSIONER KOLFLAT: Yes. Could you outline for me on this exhibit Section 24 and also
the area of the county you said that you inspected? I couldn't -- I can't quite follow it.
CHAIRMAN STRAIN: Well, he's going -- he's going to do it in a minute.
MR. HATCHER: Okay. The area of Section 24 that we inspected last Friday would include this
area.
COMMISSIONER KOLFLA T: That was the area that you inspected?
MR. HATCHER: Correct. And the -- and the Red Cockaded Woodpecker that we observed was
down in this area (indicating).
COMMISSIONER KOLFLAT: And then the 24 is a large square section surrounding that?
MR. HATCHER: Right. Section 24 includes --
COMMISSIONER KOLFLAT: Right.
MR. HATCHER: -- all of this.
CHAIRMAN STRAIN: Ok~.
COMMISSIONER KOLFLA T: Thank you.
MR. HATCHER: It goes all the way down here.
CHAIRMAN STRAIN: Are there any other questions ofthe commission?
(No response)
Page 105
Marl g,!ol N
CHAIRMAN STRAIN: Thank you. Mac, I appreciate your time.
MR. HATCHER: Okay.
CHAIRMAN STRAIN: Do we have any other public speakers?
MR. YOV ANOVICH: I think the drawing, Mac, I think what you're trying to say is it's the whole
black area, is it not? It doesn't stop halfway up? I mean, it's a much bigger area. It's 600 -- a section is 640
acres. He inspected one-tenth, 65 acres. And he is now saying he found one woodpecker on one-tenth of a
-- of a section. So, therefore, all 640 acres should be encumbered by the category of sending where -- I
think everything he said is there's no current testimony that there are any existing RCW s other than one that
he witnessed. Past history is past history. We're talking about what's there today and they were supposed
to do a specific study.
I think what he said is this land is no different -- this section is no different than all the other
sections he looked at. And I think that's what you said. If! misheard it, let me know. Well, then why are--
why is it just Section 24 that is RCW habitat and not everything else?
Now, I'm not trying to hurt anybody else. I'm just trying to say -- the point is I think what the
county intended is people who owned land in Section 24 came out and said, Listen, we're not RCW habitat.
The county said, Go do a study. I don't think they did anything different than what they already had done
to determine that it should be -- it should be sending lands.
Weare more than happy to make our lands available to them to come do a study. In the meantime,
we think it should stay neutral until they do a real study. And if the study shows that there's RCW s there,
great. If it doesn't show that, then we -- we should be -- we should remain neutral. And I think that was the
intent of what the -- what the board directed. And the study's just not been done other than looking at
aerials.
CHAIRMAN STRAIN: Okay. Thank you, Richard. I am assuming there's another public speaker.
Ms. Payton.
MS. PAYTON: Nancy Payton representing the Florida -- Florida Wildlife Federation here to
support staff recommendation to designate Section 24 sending land.
It was originally transmitted as sending land. The data and analysis has supported that all along.
What you heard today from testimony from all sides is that it's RCW habitat. And there's been
documentation of seeing and hearing RCW s within the last week in Section 24. And I remind you that this
is an issue not of species. This is an issue of protecting habitat. And it doesn't necessarily have to be
occupied habitat, but we now know there is a portion of Section 24 that continues to be occupied.
Also, the purpose of the sending land designation is to give landowners incentive to restore habitat.
So they may not be on all of Section 24, but from the study and staffs work, we know that they -- there are
areas within there that can hopefully expand.
So we are here again to support the redesignation of Section 24 to sending. And I do believe that
staff and the consultant did as they were directed. I was there when the deal was cut back in June of2002
to do the study to reconfirm whether it was or wasn't sending land or whether it should be neutral land or
whether it should be receiving land. The study's come back. It's been with us for three years now. We've
also had documentation from the staff, physical sightings.
I have a letter from the Fish and Wildlife Service dated in 2002 that Andy -- Andy Woodruff is
copied on that confirms that there are RCW s there that hideout.
So I don't understand why this is such a difficult issue. To me it's very clear and the designation is
quite appropriate and the data and the analysis supports it now and (inaudible) has supported it.
Remember, this is habitat driven, not bird driven.
Thank you.
CHAIRMAN STRAIN: Thank you. Are there any other questions from the Planning Commission
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March 1o~O!61
of anybody involved?
(No response)
CHAIRMAN STRAIN: Is there a conclusion from the Planning Commission members on this
particular issue based on --
COMMISSIONER MURRAY: Conclusion?
CHAIRMAN STRAIN: Well, if there's any comments involving the language that's in front of us
today, either we leave it like it is and support or do we see an overwhelming reason to change it? '
COMMISSIONER MURRAY: I don't see any reason to change it.
CHAIRMAN STRAIN: I think the testimony today has been conclusive in that regard. So as far as
I'm concerned, we just leave it as staff has recommended.
Hearing that we'll move on. Page -- we went past a couple, so let's go to page 50 and pick up there.
Page 51.
(No response)
CHAIRMAN STRAIN: Fifty-two.
(No response)
CHAIRMAN STRAIN: Fifty-three.
(No response)
CHAIRMAN STRAIN: Fifty-four.
(No response)
CHAIRMAN STRAIN: Fifty-five.
(No response)
CHAIRMAN STRAIN: Fifty-six.
(No response)
CHAIRMAN STRAIN: Then we have a couple of plans. We have the new Future Land Use Map.
We have the FLUE Map 13. We have the Bayshore Gateway Triangle Redevelopment Overlay.
Mr. Weeks.
MR. WEEKS: Excuse me. On Future Land Use Map 13, at your last hearing, the commission
asked that we enlarge this map to show the Goodland area so small. Staff did not do that. After going back
to the office we've looked at this map and putting it in proper context, it's one of a series of about five or
seven maps that depict the entire county. If we zoomed in just on the Goodland area, then we're not going
to be showing a portion ofthe balance of the county.
The purpose of this map series is to identify these various properties that are zoned consistent by
policy, which, for the most part, means that they're in the zoning re-evaluation program. The properties
were allowed to retain their zoning that was -- was and is not consistent with the Future Land Use Map.
So staff would -- our position is, we should leave this map as it is so that we're in conjunction with
the others to show the entire unincorporated map.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. I think the only thing that you need to do is label this map
with what you cannot see on the map since it is so small. You need to let people know what they're looking
at. It just says, Map, FLUE 13. Why couldn't it say Goodland Map?
COMMISSIONER SCHIFFER: And, David, couldn't you do that little trick of a little, you know,
blow-up of the area of the map and kind of show that? I mean, your point's well taken, but, also, maybe if
you just -- you know, much like even the newspaper, they'll show the overall map and put a little box
saying and this area is blown up.
COMMISSIONER MURRAY: Goodland in the crosshatch.
CHAIRMAN STRAIN: Guys, you've got to be careful. She's trying to take your words, and each
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one of you are walking over Donna. She started. So fInish, David, if you could address Donna's issue and
then Brad's will be next.
MR. WEEKS: Ifwe do an enlargement, it will-- I understand what you're saying for clarity. But if
we do an enlargement of the Goodland area then it's going to be blocking out some other portion of the
map. We could place it over the City of Marco Island since we're not depicting any properties there. But
the blow up could increase a little bit in size to be a little more legible.
I would also point out that these maps are on-line and there is the ability to zoom in, plus we have
the full-size three by two feet maps.
COMMISSIONER CARON: So all I really want you to do -- my point was just label what it is
you're looking at so you'll know whether you want to zoom in on this Map 13 or not.
CHAIRMAN STRAIN: I think she wants the word "Goodland" to appear somewhere on the title. I
know it's more than Goodland.
COMMISSIONER CARON: I mean, you look at it every day.
MR. WEEKS: Sure.
COMMISSIONER CARON: But the rest of the world doesn't. And three-quarters of this panel
didn't know what they were looking at.
MR. WEEKS: Right.
COMMISSIONER CARON: So if you would put Goodland Map FLUE 13, fine. Everybody
would realize what it was.
MR. WEEKS: I think it's a matter -- I think it's a matter of seeing the map out of context. Because
you're just seeing this one. As a matter of fact, the future land use element you would see, like, five or
seven maps. And you would see that they are a series of townships showing two townships at a time with
the exception of the one that shows the bulk of the county and rural land.
CHAIRMAN STRAIN: David, if there's a way to clarify it, then maybe that's all you should work
towards. If there isn't, then we'll have to accept that and move on.
Mr. Schiffer.
COMMISSIONER SCHIFFER: David, I can't believe you can't window in and zoom off to the
lower right and show Goodland blown up. What would that mess up? What's off there to the right that -- I
mean, I can't see anything but white paper. So if there's --
MR. WEEKS: It's additional land within unincorporated Collier County. It has no property that are
consistent by policy. But one of the points of the map is to be able to look to see where those properties are
located. And if you block some of those areas, then one might assume that there are no identified
properties, but it would, nonetheless, be an assumption.
CHAIRMAN STRAIN: I guarantee you, if you had included the rest of the maps here, you-all
would be saying the same thing about all the series of maps in this FLUE element. And we would be
looking at maps bigger than these countertops. So the purpose here is to orientate (sic) people and then you
look it up closer either at the county on the books they have there or the zoning maps on the Internet sites
which are -- blow this right up to any size you want.
Ms. Caron.
COMMISSIONER CARON: But, again, all-- all you have to do is -- is put what it is you're
looking at in the title here. And you don't have to go any further. And then the map totally makes sense.
And probably it needs to be done on a lot of the other maps too.
MR. WEEKS: We could do that. We could label them. They'll be township and range because
that's what they're depicting.
COMMISSIONER CARON: Sure.
MR. WEEKS: Townships and ranges for most of the maps. We'll-- we'll do that.
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4
CHAIRMAN STRAIN: Any questions on the Bayshore/Gateway Triangle?
(No response)
CHAIRMAN STRAIN: The North Belle Meade Overlay?
(No response)
CHAIRMAN STRAIN: The Collier County Rural and Agricultural Area Assessment Map?
(No response)
CHAIRMAN STRAIN: Attachment C. Attachment C is just one page. David, the footnote in the
bottom goes back to that workforce thing, so if you could just double-check that.
And with that, that ends the review of the FLUE. I'd entertain a motion to recommend approval of
the FLUE subject to the comments provided by staff and the comments noted by the Planning Commission
and staff today.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded by--
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: -- Commissioner Adelstein. Any discussion?
(No response)
CHAIRMAN STRAIN: All in favor say aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response)
CHAIRMAN STRAIN: Thank you.
And do you know where Mr. Lorenz went? I'd like to clean up the CCME stuff at this time, then
we can move on past that and we only have three elements left.
COMMISSIONER SCHIFFER: (Inaudible)
CHAIRMAN STRAIN: What?
David, if I'm not mistaken, out of all the elements we've gone through, we only have those two
paragraphs on the CCME to discuss and then we're cleaned up up until the point we're at which would be
the next one, the Golden Gate Area Master Plan.
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: Okay.
Ms. Ford, we'll probably break around 4:30 if we're not finished by then or close to it.
Bill, I hope you had time to rework the language on paragraphs 1 and 2 on the CCME.
MR. LORENZ: Well, half. We got the language of -- oops.
CHAIRMAN STRAIN: Well, that isn't it, of course.
MR. LORENZ: Paragraph 2 and the integration basically of paragraph 8 into 2 is what you would
see there. We would -- we would delete paragraph 8 and we would add the -- simply the phrase, After
largest contiguous area possible, comma, which may include connection to off-site preserves.
That gives us some flexibility to -- to make the connection off site. And then, of course, the last
sentence in this particular policy is more specific criteria. For determining all ofthat, we have that
developed in the Land Development Code regulation.
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March 30, 2006
CHAIRMAN STRAIN: I certainly -- is that -- I think that certainly simplifies it, Bill.
MR. LORENZ: Okay. For item -- I'm not sure. I don't see where Andy is. For the definition we --
we did not come to a consensus. Let me just -- let me just make a couple of observations.
One is because we're dealing with a definition, we -- we would not understand potentially the
unintended consequences would be as we would radically change the definition. And I'll give you an
example. The -- the -- the pictures that Bruce showed up on the visualizer, and this is an area that's on the
corner of Estey and Airport. And it has fairly substantial pine trees. There's a pine canopy there. The mid
story had been removed over time. At one point it was a mixture of some exotics and some natives. The--
the ground cover at the moment may be a mixture of some native grasses and some Bahia -- Bahia grass.
If we were to utilize Bruce's definition where it would be -- where -- where you would have to have
native in -- in all three of those -- those strata, we could find a situation in that particular site, if that -- that's
the whole site, that's how it's vegetated, then there would be no preservation. Because the -- because there
would be no defined native vegetation on that site.
Now, that -- that would be my concern of changing the definition at this late date. I was trying to
work with some language perhaps that -- that we would -- we would keep the definition in that first
sentence the way it is and then maybe add a phrase something to the effect of, or will not otherwise remain
as retained vegetation on a preserve status as determined by criteria established in the county's land
development regulations.
The point there is -- is I -- I would certainly recognize that there could be some situations where if
we tried to preserve the area, let's -- let's -- let's use those examples for those pictures -- that we had to do
something within that -- that preserve area now to maintain that preserve. And it would be virtually
impossible to maintain. Or in the course of trying to maintain it, you're going to kill the good native
vegetation. Those would be certain circumstances when we would -- we would say no. We don't want to
include that in the definition. And that's part of the reason why we have the definition that we currently do
is because if -- if you have 75 percent exotics in the canopy or less, you can remove those exotics even
though -- even though you have a fairly open canopy at that point, but it will fill in. And we -- we -- we
have seen that, anecdotally we've seen that. We have pictures of those areas that have -- that have worked
that way.
If -- if we were to have a preserve where we remove some of this -- this vegetation out of, we would
still have a viable preserve site. And it provides still for open space. It provides for green space. And over
time it will -- it will be managed for a -- a native vegetative community. If -- if -- and that's why I'm saying.
Maybe there are certain circumstances where if you can't manage it, then it's going to -- it's going to be able
to be viable in the long-term, those would be the set of circumstances I'd want to identify. And I wouldn't
want to preserve. But I don't -- but I don't know that. I don't -- I don't have that information at the moment
to be able to tell you these are the circumstances. And it may be that those circumstances may even still be
somewhat difficult to determine.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: You'll forgive me, Bill, but I have a question nagging me. I -- I
know that it was said earlier that we don't enforce -- we don't -- we don't disturb somebody who's out there
mowing grass. Yet we've established it or we -- we address it as a preserve area. But if we required them
to leave it alone, it would manifest as a preserve.
Is it limitation of manpower or is it policy or what that we -- we -- I'm having a hard time
appreciating. It's like we've let somebody do something for 20 years and then now we say, oh, no, you can't
use that. And it just seems illogical in the way I'm seeing it. Now, maybe I'm not seeing it as being --
MR. LORENZ: Let me clarify a couple of things. One is -- is -- is if we establish -- if we establish
a -- an area that's going to be a preserve, it will be managed as a preserve and there won't be -- there won't
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March 30, 2006
be wholesale mowing of it. There may be some requirements in the future for some thinning out or some
appropriate management depending upon whether there's listed species present or not. But that would be a
preserve management plan. And we'd start out with the current conditions with some initial treatment,
whether it's exotics removal or whether it's even in some particular cases -- and I'm kind oflooking for
Barbara. But as I understand it, there has been some areas where there was sod laid down. They went in.
They busted up the sod. And now it's still -- it's working as a viable preserve.
So that would be -- that's -- that's -- that's taking -- that's taking an existing condition right now,
turning it into a preserve and managing it as a preserve. That's -- that's one condition.
I think the condition you're talking about in terms of code enforcement is if -- if someone has -- has
had a vegetative community and they have come in and illegally cleared that vegetative community, that
becomes a code compliance case.
COMMISSIONER MURRAY: Okay. I -- I was only relating to the pictures that were shown
earlier and the comment was made that they're out there mowing it. And we know that but, you know, and I
just wondered what our position on that is. But it -- you said from here forward you're going to be making
sure that -- that that's done. And I don't want to belabor the point. I understand what you're trying to --
what your objective is. I just -- I was -- I'll end it there. Thank you.
CHAIRMAN STRAIN: Okay. Bill, let's focus on the first change you're suggesting. That would
apply to paragraph 2 on page 15 and paragraph 2 on page 20. And it would be the one on our screen. Does
anybody on the panel have any objection to seeing that modified?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: You do?
COMMISSIONER SCHIFFER: Not objection. But the addition ofthe wildlife corridor, would
that be important? Why is that -- which may include connection to off-site preserve and, you say, and
wildlife corridor or --
MR. LORENZ: Well, there -- there was a point that was made. If you recall, I think Rich had
brought it up and maybe Andy as well that within parentheses 4, which would be on page --
COMMISSIONER SCHIFFER: All right. I -- I remember that.
MR. LORENZ: -- 16 there -- one of the priorities is already that.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Any other objection?
Mr. Tuff.
COMMISSIONER TUFF: Not to 2, but what are we going with No.1?
CHAIRMAN STRAIN: We're just going to -- we're going to start where he started. Let's get 2
done, then we'll move on to the next one.
Anybody else have any problems with 2?
(No response)
CHAIRMAN STRAIN: The consensus is, then, the language should be changed as recommended
in 2.
Now, let's go to 1. We have two trains of thought. One of them is leaving 1 as staffs presented it
today as the policy exists today. The second is to change some definitional rewrite of the policy to include
references to underscoring ground cover.
Ms. Caron.
COMMISSIONER CARON: I think the policy's been working as it's stated here and I see no
reason to change it at this point.
CHAIRMAN STRAIN: Any other comments from staff -- from the Planning Commission?
Mr. Tuff.
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'IIII\ll!
COMMISSIONER TUFF: Yes. I hear that it sounds like it's not working. And I guess I hate
causing more damage by government messing stuffup. I don't know. I'm in fear ofthat in fuis case. And
if we just add those words that he asked for, it still allows a lot oflatitude until this line development code
that was in -- that's No.2 comes on. There's nothing there and they can clarify that later. But in the
meantime you're causing severe damage to -- possibly to some people until things are--
MS. BURGESON: I'm sorry. May I comment on that? I asked Bruce Anderson out in the hallway
CHAIRMAN STRAIN: State your name for the record.
MS. BURGESON: Oh, I'm sorry. Barbara Burgeson with Environmental Services.
I asked Bruce if there were any other examples or if this were the specific case that he had issues
and problems with. And he could not come up with any other examples for problems. And in this one
specific case, we did make an exception to exclude those areas that are pointed out. So we did come to a
reduction of over two acres of native vegetation on this one particular site to exclude those areas that were
open and weren't forested. But he could not give me an example of another site that this would apply to.
CHAIRMAN STRAIN: Mr. Weeks.
MR. WEEKS: Mr. Chairman, I just want to point out something here. I think you-all are -- I don't
want to be insulting to anyone, not you-all or any of the speakers that were here this morning -- I think
you're smart enough to know that sometimes people are standing before you and they're representing a
particular project. And I want to caution you to remember that you're talking about policies that have broad
applicability.
The particular site that's been discussed and those pictures before this very pending rezoning
application, that's under county review at the present.
CHAIRMAN STRAIN: Thank you, David, for that reminder.
MS. BURGESON: Also as discussed out in hallway, it appears that the Lee County definition is
very similar to what we've got in our current GMP language. And so if we were going to look at changing
it, I would want to probably talk to other counties and see how they're utilizing it. But they utilize the same
similar -- similar definition.
CHAIRMAN STRAIN: I'm not sure we have to go there, Barbara, so let's just see where we stand
first. Is there any -- what's the consensus?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Well, I support it.
CHAIRMAN STRAIN: Forwhat?
COMMISSIONER SCHIFFER: The way it's worded originally without any change.
CHAIRMAN STRAIN: And Donna you do?
COMMISSIONER CARON: Same here.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes.
CHAIRMAN STRAIN: The way it is?
COMMISSIONER KOLFLA T: Yes.
CHAIRMAN STRAIN: So do I.
COMMISSIONER ADELSTEIN: So do I.
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Mr. Adelstein, Mr. Murray, Mr. Tuff?
COMMISSIONER TUFF: I'll stay with where I'm at.
CHAIRMAN STRAIN: Okay. So it looks like the consensus is by majority that the language stays
as staffs presented it. And that's the last -- oh, no. It's not the last issue.
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One thing I forgot to do. We all received an e-mail from the Audubon of Florida. There were some
suggestions on the e-mail. I don't know if those of you who read it, but he suggested adding some language
on Policy 623. By the way, this language has been reviewed by staff and I understand there's no objections
to it. I know that at least one of the members of the public that was here reviewed it and he also -- it was
Mr. Mulhere, and he didn't express any objections to it.
So let1s look at 623. And the language being added would be on page 25 and would be after the
middle of the fIrst paragraph, the left side line starts with, Use district. It's actually part of the words
"mixed-use district." And at that point the Audubon's suggesting add the language, or land, slash, easement
acquisition or innovative landowner incentives.
I understand staffhas no problem with this language, David, is that -- or Bill?
MR. LORENZ: Yes. I -- I've reviewed. I'm trying to bring up the screen, but I can't. I looked at it
and it looks okay to me. It's one ofthose items where I'm not sure it's really necessary, but -- but -- but
certainly it -- those are the types ofthings we would be looking at in the watershed manager plans and those
kinds of strategies.
CHAIRMAN STRAIN: Okay. And the same policy as you move down on the page. Actually, it's
on page 27. There's Bullets 1,2,3,4 and 5. There have been two suggested additions to the bullets. Bullet
6 would read, Land or easement acquisition. And Bullet 7 would read, Landowner incentive such as
transferable development rights, tax relief and USDA grants for restoration.
Again, I understand, Bill, your department has no objection to these?
MR. LORENZ: That's correct.
CHAIRMAN STRAIN: And I don't know of any that I've heard. Does anybody on this committee
have any objection.
COMMISSIONER TUFF: Well, just --
COMMISSIONER MURRAY: Which one of them?
CHAIRMAN STRAIN: Go ahead, Mr. Tuff.
COMMISSIONER TUFF: Just the first one. He said he doesn't see a benefit to adding it, then I
don't believe we should add it. Now, the second one he didn't weigh in whether -- well, the first one didn't
sound like it would be helpful, but he didn't have a problem with it. And there's a big difference to me.
Same with the six and the seven, is that helpful or is that really doesn't matter? Because then we just have
more words. What we've been trying to eliminate is verbiage and wordage and confusion and so I'd hate to
add them if it's not necessary either.
CHAIRMAN STRAIN: Well, I think on the first one, while it isn't needed, it does help someone
reading it understand that there are other elements out there they can do besides what's listed. So that's why
I thought any clarification, as confusing as an element as this whole thing is, it may well enough be okay. I
didn't have an objection to it.
Mr. Murray.
COMMISSIONER MURRAY: Yeah. Are you finished?
MR. LORENZ: I just didn't hear him say that.
CHAIRMAN STRAIN: Well, he hasn't -- he hasn't finished. Bill hasn't finished responding on --
on six and seven. My thought was the same thing. But, Bill, you want to respond to Mr. Tuffs concerns?
MR. LORENZ: Well-- well, I mean, the way -- the way I characterize it is a lot oftimes we can
add clarifying language that for me is -- is -- I'm already -- it doesn't clarify it for me, but if it clarifies it for
others and then that's important to put it in. So, I mean, that's -- that's -- that's really the position that I'm
coming from.
COMMISSIONER MURRAY: And then --
CHAIRMAN STRAIN: Well, just let Mr. Tufffinish.
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COMMISSIONER TUFF: Well, the reason I bring it up is because last time he had suggested to us
that we change that wording from benefits where before it said, does not cause damage. And, then, so he
just let it go with the flow. And we all changed our minds and now we're back before putting it back to
what it was before. And I'd just like to make sure that he's comfortable and I'm not hearing that yet, I guess.
But it was okay. Ifwe're adding verbiage and confusion, I'm thinking we are, but that's just my opinion.
CHAIRMAN STRAIN: Well, I mean, if you have a strong objection to it, Russell, you need to get
it on the -- on the record. I mean, to me it's not an issue that warrants a strong objection from me, but it
may from you or somebody else. That's what we're here to talk about, so.
Mr. Murray.
COMMISSIONER MURRAY: Just in that same thing under No.7. I think I know what a TDR is
and I think I can understand USDA grant tax relief, what kind of tax relief would be contemplated or
potential there. Is that enough to qualify by saying --
MR. LORENZ: I know that the -- one of the subcommittees for the habitat conservation plan is
looking at a possible alternative for -- for protection ofRCWs with regard to if you put -- put your property
into some type of conservation easement status, that they may want to be looking to go to the Board of
County Commissioners to say that that -- that that has a tax relief value. And if the board were to agree --
approve that, that would be an example of a tax relief.
COMMISSIONER MURRAY: Okay.
MR. LORENZ: But that's still in the -- that's still very much in the kind of the talking stages at the
moment.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Then I would think that something that's just in the talking stages
should not be in here now.
COMMISSIONER ADELSTEIN: That's correct.
COMMISSIONER CARON: So I would limit it to transfer -- development rights we already have
that and grants for restoration. Those are probably available, government grants.
MR. LORENZ: Correct. They would be available.
COMMISSIONER CARON: So they are done and they're available. So I would just suggest we
take out tax relief at this point.
CHAIRMAN STRAIN: I think staffhas indicated -- I don't think it's a big concern either way. If
that's the way it needs to go, that's fine.
Mr. Schiffer.
COMMISSIONER SCHIFFER: Just a comment. The Growth Management Plan is the first place
something should show up and then the talking stage. I see no problem with it in there as to leave them
that that's something that's acceptable for the GMP.
MR. LORENZ: My -- my -- my -- the way I'm reading it, it's not -- it doesn't bind us to do that as a
mechanism. It's an example of a mechanism to consider. And when we are -- yeah, I mean, at some level
there is some consideration on it.
CHAIRMAN STRAIN: Well--
COMMISSIONER MURRAY: Tax relief is a plausibility. It's not just a word.
CHAIRMAN STRAIN: Does it do any damage to leave it in?
COMMISSIONER MURRAY: I think not.
MR. LORENZ: I don't see where it does any damage to leave it in.
CHAIRMAN STRAIN: Okay. Mr. Kolflat.
COMMISSIONER KOLFLA T: Yes. Although he just mentioned that he could clarify and
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understand it without any further question -- excuse me -- obviously, somebody had to question that
sentence, this notification, that they prefer this in there. So if it makes it more clear for someone else, I
think it ought to stay in or be put in.
CHAIRMAN STRAIN: Okay. Well, then, let's make sure that we're all in some kind of format for
staff to know. As far as the first one that was suggested under 623 adding the words, or land easement
acquisition or innovative landowner incentives, is it the consensus of the board to let that go forward?
(Indicating)
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Except for Mr. Tuffwho says no.
On the second one, adding two Bullets 6 and 7. Six would say, land or easement acquisition. Seven
would say, Landowner incentives, such as transferable development rights, tax relief or USDA grants for
restoration. Is there any concerns leaving that in? None?
Mr. Tuff, you're okay with that one?
COMMISSIONER TUFF: (Indicating)
CHAIRMAN STRAIN: Okay. So those two stay. And the very last one is and it's on Policy 627
which starts on page 29 and ends on page 30. And where it ends on No.4 there would be a new number,
No.5.
Number 5 would read, simultaneous with each watershed management plan completion, Collier
County shall develop and implement additional means to protect wetland systems identified in each plan
for preservation -- preservation or restoration. Means to consider include innovative landowner incentives,
transferable -- transferable development rights, tax relief, land or easement acquisition, state and federal
grants and enhanced regulations. That's a suggestion under that particular policy.
Are there any comments from the panel?
COMMISSIONER MURRAY: I think it's a positive thing.
CHAIRMAN STRAIN: Okay. Mr. Lorenz, did you have any concerns with it?
MR. LORENZ: No. I have -- I have no concerns. Similar discussion, I think that as we would be
developing a watershed management plan, that's the type of process or things that we would consider, so I
would see that would unfold naturally to look at those.
CHAIRMAN STRAIN: My only concern was that it says simultaneous with the watershed
management plans. And I think with knowing our process to get through amendments and things, we ought
to look at within one year of -- of an adoption or acceptance, whatever the watershed management plan
would have to go through by the BCC, then we would look at adopting language. Because I'm assuring the
implementation's going to be the LDC. Yeah, so --
COMMISSIONER MURRAY: Development.
CHAIRMAN STRAIN: Would -- does that sound reasonable to staff or do you see that as not
being necessary?
MR. LORENZ: I think that would be reasonable. I think some of it would be -- some of it would
not be LDC related, but some of it could be. So in that sense, then, probably the phasing language would
be most helpful.
CHAIRMAN STRAIN: Is the watershed management plan something that's got to be adopted by
the board or accepted by the board or what's the process there? Because this just says watershed
management plan completion. That could be the day the designer puts the last dot on the plan. We need to
peg that a little bit better if this is to be accurately applied.
MR. LORENZ: Typically and, of course, watershed planning effort is going to be, I believe, the
lead is the stormwater department, so I'm kind of speaking for them. But typically whenever we would do
a -- a -- an effort such as this, we would be taking it to the Board of County Commissioners for them to
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accept the report. And the acceptance of the report at that particular point then gives staff direction to take
care of whatever the implementation steps would -- would be in the report or that which the board accepts.
That would be appropriate.
CHAIRMAN STRAIN: So the first line cleaned up would most likely read, within one year of
acceptance of each watershed management plan, comma, then Collier County shall develop and implement
additional means, et cetera.
Does that work? Are there any comments from the Planning Commission in regards to this issue?
(No response)
CHAIRMAN STRAIN: Is there a consensus that this is acceptable, then? Okay. Anybody
opposed?
COMMISSIONER MURRAY: Well, just a minute --
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: -- please, if you would. Within one year, so if somebody starts late,
does that -- what is the impact on you, if any, if -- if they were to start quite late? Does that hold up your
process? Do you have an issue, then, that hangs for you?
MR. LORENZ: When you say they will start late, meaning?
COMMISSIONER MURRAY: Well, late, he says within one year. Somebody could start the 11 th
month and does that impact on you to slow you down or -- or impact in any way? I just want to find out if
it's impacted. If it's not, then I'm fine with the language.
MR. LORENZ: We would be working always towards meeting that -- that -- that time line. So I'm
-- I'm -- I'm okay with the language. It's typically the way we set the language up for other types of
implementation --
COMMISSIONER MURRAY: That's fine. That's all I wanted to know.
MR. LORENZ: -- mechanisms.
COMMISSIONER MURRAY: Fine. Thank you.
CHAIRMAN STRAIN: Okay. Consensus then, David, you understand?
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. Do we have a motion? First of all, I believe we're done with all the
cleanup of the CCME that you were asked to bring back.
MR. WEEKS: Right.
CHAIRMAN STRAIN: So with that is there a motion to approve the CCME subject with -- to the
staff changes that were supplied to us as well as the discussions that resulted in changes during this meeting
today?
COMMISSIONER MURRAY: Sure.
CHAIRMAN STRAIN: Sure. Sure means--
COMMISSIONER MURRAY: Sure means I'll make the motion.
CHAIRMAN STRAIN: Mr. Murray so moves.
COMMISSIONER SCHIFFER: And I'll sure too.
CHAIRMAN STRAIN: And Mr. Schiffer seconds the motion. Is there any further discussion of
the CCME?
(No response)
CHAIRMAN STRAIN: Hearing none, all those in favor signify by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
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March 30, 2006
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response)
CHAIRMAN STRAIN: No one's opposed.
COMMISSIONER SCHIFFER: Mr. Chairman, I'm going to leave now. Thank you.
CHAIRMAN STRAIN: Good day, sir.
COMMISSIONER SCHIFFER: Good job.
(Commissioner Schiffer leaves meeting)
CHAIRMAN STRAIN: By the way, for the record and I just recalled this on the FLUE and I will
provide a copy of this to Ms. Ford as the custodian of the record.
When the FLUE was approved, just we voted on it a little while ago, I had previously stated in
another meeting that I had to abstain from the vote because of a -- maybe a perceived conflict. I work for a
company that would be affected by language on page 42 and 43 ofthe EAR Amendment, FLUE Section
D-2 A, G and B, neutral lands. And the reason for that is it references a project called Fiddler's Creek
which I am involved with. I have my abstention here and I'll provide that to the court reporter when I leave
today.
MS. STUDENT-STIRLING: Thank you.
CHAIRMAN STRAIN: Now, let's move on to the Golden Gate Area Master Plan.
Ms. Ford --
MR. WEEKS: Excuse me, Mr. Chairman.
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: There actually was one more item. Not on the CCME, but it goes back to the FLUE.
It goes back to Mr. Bob Krasowski had spoken about energy conservation measures when we were
discussing the housing element.
CHAIRMAN STRAIN: Good point.
MR. WEEKS: And I think we discussed instead. It should be in the future land use element.
Staffs position -- Randy and I discussed this briefly during the lunch break. And our position still simply is
not an EAR-based amendment. So if the CCPC would like to make a recommendation, we could take that
to the board, but not as specific policy language, but as a separate recommendation to them that -- that the
county explore the, I guess, the feasibility, the appropriateness of requiring conservation -- energy
conservation measures for all new construction.
CHAIRMAN STRAIN: Why would it -- we have so many things that have influenced -- that are
being influenced by this EAR. Why would not that be an element -- an item that we could add to the -- that
applies the policy?
MR. WEEKS: Just don't know that there's a link in the EAR in any -- any discussion ofa policy or
-- or concept or an issue that was discussed in EAR that pertains to energy conservation.
CHAIRMAN STRAIN: Well--
MR. WEEKS: It's quite a different animal. We really don't have any -- any existing objectives or
goals or policies that pertain to that subject matter. Again, not to suggest it's not something that warrants
that exploration, but it's just outside the scope of this process.
CHAIRMAN STRAIN: Well, if it's the consensus of the members of this panel, could we at least
highlight that as a significant issue that needs to be addressed in the GMP at -- at some point, whether that
element fits in or however it fits?
MR. WEEKS: Absolutely.
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CHAIRMAN STRAIN: I think that with all the environmental conservation energy needed issues
nowadays, we could really lead the charge and produce a very good document if somebody was willing to
look at it hard.
MR. WEEKS: Absolutely. Similar to the discussion about the public utilities having an advisory--
CHAIRMAN STRAIN: Yes.
COMMISSIONER CARON : Yes.
MR. WEEKS: -- committee. Outside the scope, but, nonetheless, we'll take it to the board at the
same time.
CHAIRMAN STRAIN: Is that the consensus of the members?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: I think that's really an important issue.
CHAIRMAN STRAIN: Ms. Ford, I'm not sure if we've got 15 minutes or an hour and a half or an
hour. Do you want us to take a break now or do you want us to try to blow through it?
THE COURT REPORTER: Blow through.
CHAIRMAN STRAIN: Great. Okay. Golden Gate Area Master Plan, page 1.
(No response)
CHAIRMAN STRAIN: Page 2.
(No response)
CHAIRMAN STRAIN: Page 3.
(No response)
CHAIRMAN STRAIN: Page 4.
(No response)
CHAIRMAN STRAIN: Page 5.
(No response)
CHAIRMAN STRAIN: Page 6. Mr. Weeks.
MR. WEEKS: My apologies. Back on page 3.
CHAIRMAN STRAIN: You are not turning your pages after all this.
MR. WEEKS: I was writing a note. On Policy 1.3.1 there's some language struck through that
staff would ask that -- that we keep. I think it's important. The next to the last line after the word
"regulating" beginning with the word "to" all the way to the end of that sentence should remain in place.
CHAIRMAN STRAIN: Okay. I don't -- I don't think it hurts anything. We've got to do that
anyway. Any concerns?
(No response)
CHAIRMAN STRAIN: Hearing none, we'll move on. We're on page -- David, we're up to page 6.
Are you good up to there?
MR. WEEKS: I'm with you, sir.
CHAIRMAN STRAIN: Okay. Page 7.
(N 0 response)
CHAIRMAN STRAIN: Page 8.
(No response)
CHAIRMAN STRAIN: Page 9.
(No response)
CHAIRMAN STRAIN: Page 10.
(No response)
CHAIRMAN STRAIN: Page 11.
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(No response)
CHAIRMAN STRAIN: Page 12.
(No response)
CHAIRMAN STRAIN: Page 13.
(No response)
CHAIRMAN STRAIN: Page 14.
(No response)
CHAIRMAN STRAIN: Page 15.
(No response)
CHAIRMAN STRAIN: Page 16.
MR. WEEKS: Mr. Chairman.
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: To be consistent with the earlier discussion on the CCME, there's about three
different places in the Golden Gate Master Plan that make reference to the drainage and stormwater
management and preserve areas and that term "benefit" is used. I'm assuming you'd want the similar
language. There's no adverse impact.
CHAIRMAN STRAIN: Thank you for pointing it out.
MR. WEEKS: And it appears on 16 and 17.
CHAIRMAN STRAIN: Absolutely. Yes, sir.
CHAIRMAN STRAIN: Page 17.
(N 0 response)
CHAIRMAN STRAIN: Page 18.
(No response)
CHAIRMAN STRAIN: Page 19.
(No response)
CHAIRMAN STRAIN: Page 20.
(No response)
CHAIRMAN STRAIN: Page 21.
(No response)
CHAIRMAN STRAIN: And then the Future Land Use Map.
Okay. Is there a motion to recommend approval ofthe Golden Gate Area Master Plan subject --
subject to the changes presented by staff and discussion resulting in today's meeting?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein.
COMMISSIONER TUFF: (Indicating)
CHAIRMAN STRAIN: Seconded by Commissioner Tuff. Any discussion?
(No response)
CHAIRMAN STRAIN: All in favor signify by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: We've already done the Immokalee Area Master Plan so now we need to
move to the Marco Island Area Master Plan which there isn't any.
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So, Ms. Ford, you did a good call. We only have the economic element which is one page.
COMMISSIONER MURRAY: There isn't anything in that because it was removed.
CHAIRMAN STRAIN: Right. Do anybody -- does anybody have any comments on the economic
element?
(No response)
CHAIRMAN STRAIN: Hearing none I'll ask for motion to recommend approval of the economic
element with the changes presented by staffhere today.
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner
Murray. All those in favor signify by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Ms. Student, did you have an issue?
MS. STUDENT -STIRLING: Yeah. On the Marco Island Master Plan, I know there's nothing in
there, but it's a total deletion of it. So it probably would be appropriate to vote for the total deletion.
COMMISSIONER MURRAY: I move to delete it.
MS. STUDENT-STIRLING: I'm sorry.
CHAIRMAN STRAIN: Marco -- okay.
MS. STUDENT-STIRLING: The myth.
CHAIRMAN STRAIN: Okay. There's a motion made to delete the Marco Island Master Plan by
Commissioner Murray.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. Is there discussion?
(No response)
CHAIRMAN STRAIN: Okay. Hearing none, all those in favor signify by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Marco Island Master Plan is deleted.
Now, that concludes this meeting. Before we adjourn I have a statement to make to Mr. Cohen and
Mr. Weeks. I want to thank both of you for the organization that you did to get this through the last five
days. It was one of the best presentations. Staff acted very professionally, very responsive and I want
everybody to know that you did an absolute excellent job on this. You worked us through it and I certainly
do appreciate your efforts put out here today. So thank you very much.
MR. WEEKS: Thank you. And, Commissioner, you collectively put in an extraordinary amount of
time and we likewise appreciate it especially because we're -- we're getting paid, but you're not. We
appreciate that.
CHAIRMAN STRAIN: Well, we're all living here so I think we all got something coming out of
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this.
COMMISSIONER MURRAY: For the love of it.
CHAIRMAN STRAIN: And with that, the meeting will be adjourned.
COMMISSIONER ADELSTEIN: Move to adjourn.
CHAIRMAN STRAIN: Oh, move to adjourn. Who's got to do that, me or you?
COMMISSIONER ADELSTEIN: You do it.
CHAIRMAN STRAIN: Good. I move to adjourn the meeting.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Done.
*****
There being no further business for the good ofthe County, the meeting was adjourned by order of the
Chair at 4:40 p.m.
COLLIER COUNTY PLANNING COMMISSION
MARK STRAIN, CHAIRMAN
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY CHERIE
NOTTINGHAM AND CAROLYN J. FORD, RPR.
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DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
May 3, 2006
3:30 p.m.
Conference Room 610
I. Approval of Agenda
II. Approval of Minutes - April 5, 2006
III. Staff Announcements
A. Community Development & Environmental Services Update - Joe Schmitt
B. Transportation Division Update - Don Scott
C. Public Utilities Division Update - Roy Anderson
D. Fire Review Update- Ed Riley
IV. New Business
A. Discussion of Additional Members for the Budget & Operations Sub-
Committee
B. Presentation of Florida Surveying & Mapping Society's Procedure
Memorandum No. 41 - Stan Chrzanowski
C. Discussion of Utilities Master Plan, Impact Fee, and User Rate Fee
Update Presentation and Vote thereon - Paul Kwa
D. Update of Jail, School, Government Building and Law Enforcement Impact
Fees - Amy Patterson
V. Old Business
A. PUD Fee Increase for Modeling of Utilities - PUED, Phil Gramatges
VI. Subcommittee Reports
A. Land Development Regulation - Tom Masters
B. Budget & Operations
C. Utility Code
VII. Committee Member Comments
VIII. Next Meeting Date - June 7,2006 (Room 610) - 3:30 p.m.
IX. Adjournment
Misc. Corres:
DIfa:~
Item#:~
f' ')Di~s to:
1611
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MINUTES
April 5, 2006 1 6 , J
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, AprilS, 2006
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference
Room #610 in the ColJier County Development Service Center, Naples, Florida,
with the following members present:
CHAIRMAN: Clay C. Brooker
James Boughton
Dalas D. Disney
David Dunnavant
Marco Espinar
Brian Jones
Thomas Masters
Fred Reischl
MEMBERS ABSENT: David Bryant
Jason Mikes
Robert Mulhere
Mise, Corres:
Date:
MEMBERS EXCUSED: Blair Foley
George Hermanson
Reed Jarvi
Item#:/iJiC 16~/
Copies to:
STAFF PRESENT: Denny Baker Director Operations Tom Kuck, Engineering
Karel Thurston, CDES Phil Tindall
Don Scott and Trinity Caudill-Scott, Transportation
Amy Patterson, Impact Fee Mgr. Paula Fleishman, Impact Fee
April 5, 2006 1 6 I ]
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, AprilS, 2006
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference
Room #610 in the ColJier County Development Service Center, Naples, Florida,
with the following members present:
CHAIRMAN: Clay C. Brooker
James Boughton
Dalas D. Disney
David Dunnavant
Marco Espinar
Brian Jones
Thomas Masters
Fred Reischl
MEMBERS ABSENT: David Bryant
Jason Mikes
Robert Mulhere
MEMBERS EXCUSED: Blair Foley
George Hermanson
Reed Jarvi
STAFF PRESENT: Denny Baker Director Operations Tom Kuck, Engineering
Karel Thurston, CDES Phil Tindall
Don Scott and Trinity Caudill-Scott, Transportation
Amy Patterson, Impact Fee Mgr. Paula Fleishman, Impact Fee
1
April 5, 2006
161 ]
D. Fire Review Update
Ed Riley was not present. No new Report. Copy of Fire Prevention Monthly Report and
SDP Review for month of February distributed in meeting packet.
IV. Old Business
A. Follow-up Report - Letter to DSAC Member
No response was received from Mr. Mikes on his intention to continue or resign from
DSAC membership. Chairman Brooker opened to discussion ifhis silence should be
deemed a sign of resignation. Brief discussion followed.
David Dunnavant moved to accept the lack of response from Mr. Mikes as
affirmation of his resignation and that staff prepare a letter, for the Chairman's
signature, to that effect. Also to request that the position on the Committee be re-
advertised. Second by Dalas Disney. Carried unanimously 8-0.
v. New Business
A. Library Impact Fee Update study (hand-outs-3)
Amy Patters~n revie-wed the report with the members, answering various questions
regarding:
· New draft of study, updating library study of May, 2004, to reflect current costs
· Presentation to BCC April 25 for consideration with implementation by June 12.
· Returning to tier grid rate schedule
· Fee comparison schedule
· Rationale for changes-fees go by demand for services per square foot- taxes, go by value
· Affordable housing being deferred until property sold
Discussion followed on rationale for a 400 square foot mobile home's impact on library;
how demand is determined if encompasses system-wide library use (by population -3.3
square feet per person); rate of 1 year's increase (approximately 30%); how rate changes
are determined (indexed from current construction costs, the County Comprehensive Plan
and variables oflocal and state data.)
Thomas Masters moved to accept the Library Impact Fee Study report. Second by
Fred Reischel. Motion carried 7-1. Mr. Disney voted no.
B. Findings of Road Impact Fee Update Study (handout)
Phil Tindall provided a slide presentation regarding a major update, giving a background
of the study. Some of the points of the extensive study were:
· Need to be built to maintain capacity
· Costs in dollars per lane mile for construction
· Average miles each home travels per day
· Discount by amount of travel by12% on interstate travel (no fee figured on interstate)
· Sources, benefits and problems of revenue and tax credits
· Sources and means of collection of data
· Impact fee comparisons of other counties. Collier County is higher than other four major
Florida areas, Orlando, Miami, Tampa and Jacksonville.
· Took in all land uses; tried for just value per square foot.
3
April 5, 2006
1611
The study will go before the BCC for an effective date for fees of June 30th.
Discussion and many questions from the committee followed regarding the huge
percentage of increase as shown on Draft in conjunction with the study and the need for a
different structure on determining impact fees that are driving people to build elsewhere.
Different fees or sales tax was mentioned as a better way.
Thomas Masters made a motion to accept the report. Second by Marco Espinar.
Discussion followed as several members stated that accepting report is sending a
message to BCC that they approve and are recommending it when the message
should be that they do not support it. Motion was not supported by Mr. Disney,
Mr. Dunnavant, Mr. Jones, and Mr. Boughton and did not carry.
C. PUD Fee Increase for Modeling of Utilities - PUED
This item was moved to next month's meeting
D. Review of Applications for DSAC Membership
Chairman Brooker next took up the application to re-appoint Charles Abbott to the
Advisory Committee.
Dalas Disney moved to recommend the appointment of Charles Abbott to the
Development Services Advisory Committee. Second by Marco Espinar. Carried
unanimously 8-0.
Fred Reischl moved that a letter be sent to Mr. Beringer in appreciation for his
application and encouraging him to apply for the next upcoming vacancy. Second
by James Boughton. Carried unanimously 8-0.
VI. Sub Committee Reports
A. Land Development Regulations- Tom Masters-No Report
B. Budget and Operations -- No Report
C. Utility Code-No Report
Vll. Committee Member Comments- None
VIII. Next meeting date will be May 3, 2006 (Room 610) at 3:30 PM.
There being no further business for the good of the County, the meeting was adjourned by
the order of the Chair at 5:32 PM.
************
Development Services Advisory Committee
Chairman, Clay C. Brooker
4
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NEW
BUS/NESS
1611
1611
Florida Surveying & Mapping Society
Serving, Protecting & Promoting the Profession
1955 - 2006
March 30, 2006
This bulletin is provided as a service to our members and is also of a commercial nature.
p~c.dure Memorandum No. 41 -
N"rtIt Amertca",y"m_.c (I'",,"ot 188.
(NA~()I.) P:ell..,
From Michael F. Howard, Chief, Risk Ident'ficttfon Branch, NGS
Background: Historically, the most common vertical datum used by FEMA has been National Geodetic Vertical
Datum of 1929 (NGVD29). However, the NAVD88 datum is more compatible with modern surveying and
mapping technologies like Global Positioning Systems and Light Detection and Ranging (L1DAR), more accurate
than NGVD29, and it is the only official vertical datum for the continental United States
(www.nQs.noaa.QOv/PUBSLlB/FedReQister/FRdoc93_14922.Ddf).ltiS important that FEMA accomplish this
conversion now for the following reasons:
The old datum, NGVD29, is obsolete and no longer supported by the National Geodetic Survey (NGS). As time
passes it will be substantially more difficult to obtain reliable elevations referenced to NGVD29. Previously
published heights on NGS benchmarks will not be updated. These old heights have greater errors than new
NAVD88 heights, are not maintained and become less reliable as they age. As reference marks are disturbed or
destroyed, there will be fewer and fewer NGVD29 reference points available. Eventually professional surveyors
may have difficulty certifying elevations reference to NGVD29.
Issue: Map Modernization projects are currently being undertaken using either NGVD29 or NAVD88. FEMA
wants new flood map projects to use only NAVD88.
Action Taken: The purpose of this memorandum is to communicate FEMA's Flood Hazard Mapping Program
policy regarding the NAVD88. This memorandum supersedes the decision making criteria for conversion of
vertical datum outlined in Appendix B of the Guidelines and Specifications for Flood Hazard Mapping Partners,
April 2003. For areas within the continental United States, all new flood maps and updates that revise the
majority of the map panels must be referenced to NAVD88.
When coordinating with communities regarding their flood map updates and at flood map update scoping
meetings, FEMA staff and mapping partners should explain the datum conversion to community officials.
If a community Opposes conversion to NAVD88, FEMA staff should arrange for a meeting with community
officials, FEMA staff and the NGS State Geodetic Advisor or the NGS Liaison to FEMA to discuss the benefits of
NAVD88 and the limitations of NGVD29.
If the community still opposes conversion to NAVD88 after meeting with the NGS, then a waiver may be granted
to keep the map referenced to NGVD29 provided:
The community CEOs for all jurisdictions included on the flood map provide a letter to FEMA stating that the
community wants its flood map to be referenced to NGVD29 and that the community recognizes that funding may
not be available in the future to update the flood map to NAVD88 if it is not done for the current map action.
1611
Waivers should be approved by the Regional Mitigation Division Director and coordinated with the Headquarters
Regional Engineer.
If you have questions regarding this policy, you may contact Paul Rooney: 202-646-3123,
PauI.Rooney@dhs.Qov.
The NGS Liaison to FEMA is Ronnie Taylor: 850-245-2610, Ronnie.Taylor@noaa.Qov.
The NGS State Geodetic Advisors can be found at www.nQs.noaa.Qov/ADVISORS/Advisorslndex.shtml.
OLD
BUS/NESS
1611
'J
, .
.
1611.
COLLIER COUNTY
PUBLIC UTILITIES ENGINEERING DEPARTMENT
DSAC Subcommittee
Collier County Utilities Standards Manual Update
Summary of General Meeting: Water and Wastewater
,
March ?lI, 2006
21
A meeting was held on March 21, 2006 with representatives of the DSAC Utility Code
Subcommittee to discuss the Utilities Standards Manual.
Attendance (See attached sign-in sheet)
Clifford Pepper
Jesse Komorny
WesHill
Michael Stephenson
Stan Chrzanowski (part of meeting)
Paul Kwa
Mark Sunyak -
Fred Sexton (part of meeting)
Jim Gammell
Brian Penner
Agenda (See attached)
Meetinq Summary
Items discussed included the following:
1. The February Meeting Minutes were approved as submitted. The March meeting
agenda was approved as submitted.
2. Paul updated the Subcommittee on providing stand alone Deviation Forms on the
County website. Paul anticipates the County IT Dept will be implementing the
changes within two weeks. Additional discussion centered on the routing of the
Deviation Form. The County Utilities Division requested an additional signature
line on the Wastewater Deviation Form for Pretreatment Coordinator (grease
traps). The County also requested an additional line on the Water Deviation Form
for Reuse Coordinator. The signature lines are to have titles only and not
individuals' names. Hole Montes was requested to revise the Deviation Forms as
noted. '
3. Stan presented a request to require Permanent Emergency Power at Private Pump
Stations. A lengthy general discussion was held. Jim noted that the Wastewater
Collections Dept has identified approximately 170 private lift stations that could
benefit from the use of standby power. Jim also pointed out that the Wastewater.
Dept Director was working on a future program to address standby generators at
10f3
161'1
~Ol,Jnty owned pump stations. The discussion further noted the frequent lack of
proper maintenance and support at the private pump stations as well as the
increased maintenance associated with a standby generator. It was pointed out
that most of the pump station easements or properties lack the needed space for a
standby generator and fuel tank. The Subcommittee decided to take no action at
this time pending completion of work presently underway by the Wastewater
Director and the Wastewater Collections Department and possibly a resulting
future ordinance revision.
4, Paul said PUED has requested an accelerated schedule for Board of County
Commissioners (Bee) approval of an updated Standards Manual. PUED wishes
to obtain Bee approval in July, which means all changes have to be made by the
next Subcommittee meeting. Some Subcommittee members expressed concern
about the sudden compression of the schedule by almost a year.
5. Clifford handed out copies of revised Standard Details, which reflect those
changes (a) as approved by the DSAC Subcommittee between July, 2005 and
today, (b) as requested by Wes Hill to Hole Montes, and (c) minor changes as
requested by the Water Department. A summary list was provided that identifies
the revisions to each Detail. Based on the preceding Minutes Item No.4, Paul
stated these changes need to be reviewed and accepted by the Subcommittee by
the next meeting. Mark suggested all parties review the summary list and the
revised details and email additional corrections and revisions to Clifford by April 1.
Clifford will add these new changes to the summary list and make the appropriate
changes to the Details prior to the next meeting. The Subcommittee will attempt to
approve the final, revised Details at the next meeting. The Subcommittee agreed
to the plan described in the preceding three sentences.
Clifford noted that the revisions do not include all the changes requested by the
Water Department because a few changes need review and discussion by the
DSAC Subcommittee.
6. Clifford mentioned the DEP requirements regarding minimum elevations at pump
stations. Wes pointed out Wastewater Detail WW-7 was more stringent with
regard to minimum elevations than the DEP standards.
7. A draft wastewater air release valve detail WW-13 was prepared as result of the
Subcommittee's direction during the January meeting and discussed in detail
during the February meeting. The proposed draft of detail WW-13 was again
discussed in detail. The discussion involved (a) the need for a traffic bearing lid or
hatch, (b) the increased cost of approximately $2,000 each for this new detail, (c)
the use of an aluminum square hatch versus a cast iron frame and cover, and (d)
the need to even require a below grade structure. It was decided by the DSAC
Subcommittee to accept the draft as shown with a note stating the Detail's use is
limited to non-paved areas. It was also decided to delete the existing WW-14
Detail and replace it with a new detail similar to the new WW-13 but with a heavy
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1611
duty, traffic rated cover. The new Detail WW-14 will be used for ARVs located in
paved areas.
8. Discussion was held on revising Specification Section 02622, Paragraphs 1.3.8
and .C regarding PVC pipe classifications. Paul stated the Water and Wastewater
Department Directors has agreed with the change. Wes pointed out that the 2004
Utilities Manual had the correct classifications and suggested we simply revert to
the previous same paragraphs from the prior Manual. Paul noted that the new
Manual's paragraphs also added text regarding a pipe restraint. It was agreed by
consensus to utilize the relevant wording from the 2004 Manual and add the text
regarding the pipe restraint.
9. Paul mentioned that a Vendor Approval Form is currently being prepared by
PUED. This form does not require DSAC Subcommittee approval.
10. Fred pointed out Technical Specification Section 01045 incorrectly identifies the
phone number to call f<?[-€xisting underground facility locates. The Subcommittee
agreed to correcf the number to reflect the phone number(s) for Sunshine One
Call,
11. Wes requested the next meeting include an agenda item for reVISions to the
County's check list for turn over of irrigation and reuse water facilities.
Summary of Recommended Chanaes to Utilities Standards Manual & Other Decisions
A. New Wastewater Details WW-13 and WW-14 were approved.
B. The PVC pipe classifications as stated in Technical Specification Section 02622
will be revised to match the previous 2004 Manual.
C. A new Vendor Approval Form will be available in the near future on the County
website, which can be used by vendors and manufacturers wanting to obtain
County approval for use of their products.
D, Technical Specification Section 01045 will be revised to reflect the proper party
and phone number to call for location of existing underground facilities.
E, Subcommittee members will review the revised Standard Details and the revision
list prepared by Hole Montes. Additional revisions and needed corrections should
be emailedtoCliffordpepper(c1iffordpepper@hmena.com) by April 1.
F. The Utilities Standards Web site will be modified to offer a stand-alone WORD
document for use in preparing a Deviation Request.
Next Meeting
The next meeting will be on April 18th as regularly scheduled for the third Tuesday of
the month.
30f3
ENVIRONMENTAL ADVISORY COUNCIL
1611
//
V./
V
Fiala
AGENDA - Revised Halas
May 3, 2006 Henning
9:00 A.M. Coyle
Commission Boardroom Coletta
W. Harmon Turner Building (Building "F") - Third Floor
l/
I. Call to Order
II. Roll Call
III. Approval of Agenda
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
D, Discuss letter to SFWMD regarding rule changes
E. Parks and Recreation Department briefing on proposed Keewaydin shuttle
IX Subcommittee Reports
X. Council Member Comments
XI. Public Comments
XII. Adjournment
**************************************************************************
******************************
Council Members: Please notify the Environmental Services DeDartment no later than 5:00
p.m. on Aoril 28, 2006 if vou cannot attend this meetina or if vou have a conflict and will
abstain from votina on a Detition (213-2981).
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:5. ~ ~ . LJ(,r)
Item#:~
Copies to:
1611
May 3, 2006
Damon Meiers
South Florida Water Management District
Environmental Resource Regulation Dept., MSC 4210
P.O. Box 24680
West Palm Beach, FL 33416-4680
Re: Southwest Florida Special Basin Rule - Public Comments
Dear Mr. Meiers:
We, the Environmental Advisory Committee to the Collier County Board of County Commissioners, are
writing in support of the draft rule being developed by the South Florida Water Management District for
the Southwest Florida Basin, that strengthens water quality protections in environmental resource permits
for storm water systems. The water resources in this basin continue to be degraded by encroaching
development. As water is one of our most vital resources, we must protect its quality in order to protect
human health, the health of our aquatic ecosystems, and the health of our economy. We feel that his rule
is an important step toward addressing the pollutants that are plaguing southwest Florida water resources,
particularly dissolved pollutants like nutrients.
Federal and state laws mandate the protection and restoration of our impaired and threatened waters, as
well as protection of Outstanding Florida Waters from any degradation. Clearly, the existing stormwater
treatment rule has been inadequate to achieve these purposes. We support the draft rule because it
requires pollution prevention measures and additional treatment. These will provide increased assurances
that new development will not contribute to the continued degradation of our water quality in Southwest
Florida. As you know, the 2000 Southwest Florida Environmental Impact Statement found that the
cumulative impacts ofland development, particularly the filling of wetlands to create new residential
communities and commercial centers, were the chief cause of declining water quality in the region. The
EAC is asked to comment on "environmental acceptability" of new developments and this new rule will
facilitate that process.
We also support the draft rule because it provides flexibility for measures to be designed into
developments to improve water quality. The rule is constructed to require each project to include five best
management practices from a wide range of presumptive options thus accommodating a variety of project
types, from residential to commercial. In addition, the rule continues to allow off-site and retrofitting
options, if the applicant can demonstrate that they cannot meet water quality treatment standards on-site.
""
The draft rule for new development is not the only measure necessary to deal with declining water quality
in the region, but it should be implemented as soon as possible before more large tracts of wetlands are
filled for development. The TMDL process and watershed planning and restoration efforts will eventually
deal with retrofit of existing sources, which is also an important part of cleaning up our waters. The
adoption of the Special Basin rule may help Southwest Florida meet the forthcoming standards that will
be necessitated as Total Maximum Daily Loads are developed and implemented in each watershed. The
impact on developers will be much less if the rule is implemented now rather than relying on case-by-case
battles over pollutant allocations under newly developed TMDLs. The development of this rule can also
serve as a model of cooperation among stakeholders to achieve the goals of the TMDL program.
1611
-1
t
We commend you and the rest of the workgroup stakeholders for your efforts and support the draft rule as
imperative for protecting our environment and economy.
Sincerely,
William Hughes
Chairman of the Environmental Advisory Committee to the
Collier County Board of Commissioners
2
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FOREST
1..1 Jt\ KE S
IH),\D\VA Y AND DRAINAGE \1.S.I.l .
ADVlSORYCOMMlTfEE
2705 HORSESHOE DRIVE soum
NAPLES. FL 34104
SUMMARY OF SPECIAL MEETING
March 31, 2006
m. Agenda was approved unanimously.
VL New Business:
A. Award Contract to Douglas N. Higgins
1. Purpose - Re-grade Swales 2, 7 & 10
Map was displayed and identified the various areas.
George FOIl moved to approve the low bidder Douglas N.
Higgins in the amount of $193,287 for the re-grading of Swales 2,
7 & 10. Second by Bill Seabury. Carried unanimously 5-0.
Misc. Corres:
Date: 5"d3'. 0(0
Item#JWC 1 610
Fiala
Halas
Henning
Coyle
Coletta
(COIPS to:
1
1611
FOREST
LAKES
RO,\D\\,\' A\D DR\I"iAGE 'I.S.'I.l .
ADVISORY COMMI'ITEE
2a5HORSESHOED~SOUTH
NllPLES,FL 34104
May 10, 2006
A2enda
I. CALL MEETING TO ORDER
n. ATTENDANCE
Ill. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: April 12, 2006
V. TRANSPORTATION SERVICES REPORT
A. Budget - Tessie Sillery
VI. OLD BUSINESS
A. Report by Wilson-Miller - Craig Pajer
1. Review priority list for bonding issue
2. Decision on 24" pipe
B. Update on Yard Drains - Darryl
C. Signage & Stop Bar Update - Darryl
D. Pot Hole Update - Craig/Darryl
E. Update on Bonding - Darryl/Diane
vn. NEW BUSINESS
vm. PUBLIC COMMENTS
IX. ADJOURNMENT
The 11('.\'( meet;"J.! will he June /4. 2()(J6 - J ":00 ,HI
Collier County Tnmsp()rt~ltion Huilding/East Cllnfen'IH'l' Room
2885 lIorst"shOl' Orin' South
!'aples. FL .34 I (l~
1
1611
F()RF~ST
LAKES
IH)\D\\A Y AND tHt\INACa: '1.S.T.l .
ADVISORY COMMITfEE
2885 HORSESHOE DRIVE soum
NAPLES, FL 34104
April 12, 2006
Minutes
I. The meeting was called to order by Chairman Bob Jones 10:10 AM.
II. ATTENDANCE:
Members: Bob Jones, Virginia Donovan, Roger Somerville, Bill Seabury, George Fogg
County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Diane Flagg-ATM
Director
Others: Craig Pajer & Chris Breinling-Wilson Miller, Dick Barry, Sue Chapin-Manean
III. APPROVAL OF AGENDA
Add: Under New Business: (A) Discussion of Swale # 15, (B) Advanced approval for
Funding for Summer Projects
Add: Under Old Business: (0) 24" Culvert, (E) Water Retention in all of Forest Lakes
Community (1) Outflow of Water to leave Community
Add: Under Transportation Services Report: (B) Final payment to WM as per Work Order,
(C) Approval of 2006-'07 Budget Review
Virginia Donovan moved to approve the Agenda as amended. Second by Bill Seabury.
Carried 4 Yes -1 No (Mr. Fogg voted "No")
IV. APPROVAL OF MINUTES: March 8, 2006
Roger Somerville moved to approve the Minutes of the regular meeting March 8, 2006
& the Special Meeting of March 31, 2006. Second by George Fogg. Carried
unanimously 5-0.
Sunshine Law Review - Mike Pettit, Assistant County Attorney
Has been unable to attend and will confirm for a future meeting.
V. TRANSPORTATION SERVICES REPORT
A. Budget - Tessie Sillery
Budget was distributed (Attached) and covered the various expense items including
Revenues.
C. 2006-'07 Budget Review - Discussion followed on the various line items.
Bill Seabury moved to approve the 2006-'07 Budget. Second by Roger Somerville.
Carried unanimously 5-0.
B. Final Payment to WM as per Work Order - Darryl mentioned the final payment
Work Order of $19,971.25 needs to be approved and closed out today to Wilson
Miller for the balance of developing the Forest Lakes Master Plan.
George Foag moved to approve closing out the Master Plan Work Order for
519,971.25. Second by Bill Seabury.
1
1611
It was noted the Master Plan Work Order bad been amended 2 or 3 times. Many of the
Change Orders bad been approved previously and staff confirmed they have been
completed.
The water meters were discussed. Staff noted the meters served their purpose, are not
working at the present time and would need direction from the Committee if they wish to
have them returned to the manufacturer and repaired.
Wilson Miller confirmed staffs assumptions and noted the scope of work bad been
completed in providing the flow meters, installing them and obtaining the proper data.
It was decided to obtain information from the manufacturer on their Warranty as they had
been returned and repaired but still not working properly.
Carried unanimously 4-0. (Roger Somerville was not present when the vote was
taken)
VI. OLD BUSINESS
A. Report by Wilson-Miller - Craig Pajer
1. Signaae Update - Darryl reported the low bidder was Lykens with a
proposal of$12,045 and will be finished with the project by the end of April.
George Foag moved to approve the installation of the stop bars not to exceed
$4,000. Second by Roger Somerville. Carried unanimously 5-0.
Figures for the Master Plan and "On Call Services" were discussed.
2. Pot Hole Update - the Bonness quote for the Pothole update and Woodshire
Overlay was $14,403.13. Staffwill proceed with issuing the Work Order.
The Committee had approved $48,000, so they will revise the quote and
maximize work through Bonness.
George Fogg moved to authorize approval of an expenditure, not to exceed
52,000, to correct a drainage problem of standing water between W oodshire
Lane and Swale #18. Second by Virginia Donovan.
As a point of clarification the Committee is approving the re-grading part of
Woodshire Lane and Swale #18 to correct standing water not to exceed $2,000.
It was also noted a motion made by the Committee in the February 8th minutes
previously approved the Woodshire overlay of600 linear feet not to exceed
$48,000. Diane reminded the Committee they just directed Darryl to pave more
than the 600 linear .feet.
Motion carried unanimously 5-0.
Craig Pajer distributed and discussed a handout of pictures on the Stake out and
Construction of Swale # 15. (Attached)
Roger Somerville objected to the engineering done on the swales and the sod placed
in the swales and expressed his opinion on the number of feet above sea. level
concerning moving the water. He asked questions of the workers doing the work.
He also stated the engineer did not do the job they asked him to do - which was a 2x3
foot ditch trench and 5 Y2 to 6 feet above sea. level.
2
1611
/1
<
Darryl inspected the project and stated the swales are cut according to the markings
and plans. Sod is needed as it alleviates erosion.
Craig responded and explained the elevation and how the water leaves that area. The
goal was to take the high spots out.
A lengthy discussion followed on keeping the water off the roads, a pump station and
the elevations of the swales.
(Bill Seabury left at 12:00 Noon)
Craig continued with his report. He discussed the drainage behind 1037, 1039 &
1040 Forest Lakes Drive. He referred to the map. He stated the water is coming off
the roofs and 3 yard drains slopes towards the homes.
Virginia discussed the erosion and stated the lake possibly needs to be dredged due
to large boulders in the lake. She mentioned the swale cannot drain as it hasn't been
cleaned out.
George Fogg moved to address and obtain quotes concerning the drainage issue
with a solution presented by Wilson Miller not to exceed $3,000 for 3 yard
drains. Second by Bob Jones. Carried unanimously 4-0.
C. Update on Bonding - DarryVDiane
A handout of "Proposed Forest Lakes MSTU 2006 Priority Projects List" was
distributed. Each item on the list was addressed.
. Items # II & 12 will be addressed for updated costs.
. Items #27, 28, & 29 will be withdrawn as it is not in their Ordinance.
Sidewalks) The Ordinance would need to be amended to include sidewalks.
. Items #23 & 25 are finished.
. Items #7, 10 & 2 are being done at this time.
Roger Somerville moved to remove the sidewalks from the proposal. Motion was
withdrawn.
Craig reported they authorized Kyle to put the 24" pipe in with intention of low lying
area being Swale # 1 0 is constantly wet. The purpose was to drain it so it went into the
lake. This was a favor and goodwill gesture to the golf course. In discussions with the
Golf Course Wilson Miller was trying to be cooperative and get the other projects built
and finished. Putting in the pipe wasn't as important as once thought because they are
now proceeding with Swales #7 & #10.
Craig will decide if the 24" pipe needs to be done and if so, it will have to be placed on
the priority list for bonding. Craig will give the Committee his decision in writing at the
next meeting.
George Fogg moved to remove items #23,25,27,28 & 29 from the Bonding issue
priority list submitted by Wilson Miller. This includes review of the 24" culvert to
Lake #7. Second by Roger Somerville.
Virginia wants Item #24 moved up on the list. The Committee is to review the ranking
and priorities for the next meeting. They need a fall-back plan in case the Bond doesn't
pass.
George amended his motion to add 100/. contingency on the total amount presented
for the Bond issue and amount presented to be reviewed. Roger amended his
second.
3
16 11 .,j~
The Committee again discussed those eligible for voting - the State law states those
eligible to vote are the registered voters that reside within the MSTU area. The issue will
need a 50% plus I to pass.
Motion passed unanimously 4-0.
George FOIl moved to eliminate the 600 linear feet from the original paving motion
and authorize the Engineer to pave not to exceed $48,000. Second by Virginia
Donovan. Carried unanimously 4-0.
D. 24" Culvert - addressed earlier
E. Water retention in all of Forest Lakes Community
1. Outftow of Water to leave Community - addressed earlier
VII. NEW BUSINESS
A. Discussion of Swale ##15 - discussed earlier
B. Advanced approval for funding of summer projects - Darryl mentioned
there is enough money to move projects forward.
The Committee decided there will be a quorum for the May meeting. WiU call in advance of the
June 14th and July 12th meetingsfor a quorum.
VIII. PUBLIC COMMENTS - None
There being no further business to come before the Committee, the meeting was adjourned by
the Chairman at 1 :37 PM.
rhe 1/exl meetint.: trill he ,Hal' } II, ]()Of1- f{J;()(J4Jl
Collier County 'lransportation Building/East Conferel1Ct: Room
2885 II orseshoe DriH' Sout II
. Fl~f 1 ill
4
F~OREST
LAKES
Fiala I /
Halas ~ =
Henning
Coyle
Coletta \,/
1611
ROAD\\"A' AND DR\INAGE \I.S.'T.l .
ADVISORY COMMI'ITEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
SUMMARY OF MINJlTES & MOTIONS
April 12, 2006
III. Approval of Agenda
Additional items were made to the Agenda.
Virginia Donovan moved to approve the Agenda as amended. Second by Bill Seabury.
Carried 4-1. (George Fogg voted "no")
IV. Approval of Minutes - Roger Somerville moved to approve the Minutes of March 8,
2006 and the Special Meeting of March 31, 2006. Second by George Fogg. Carried
unanimously 5-0.
V. Transportation Services Report
C. 2006/07 Budget
Bill Seabury moved to approve the 2006/07 Budget. Second by Roger
Somerville. Carried unanimously S-O.
B. Final payment to WM as per Work Order
George Foal moved to approve closing out the Master Pan Work Order for
519,971.2S. Second by Bill Seabury. Carried unanimously 4-0.
VI. Old Business
A. Report by Wilson Miller
1. Silnage Update
Low bidder is Lykens - SI2.045 with project being completed by end of April.
George FOil moved to approve the installation of the stop bars not to exceed
54,000. Second by Roger Somerville. Carried unanimously 5-0.
2. Pot-Hole Update
Bonness quote - SI4,403.13. The Committee already approved $48,000.
George Fogg moved to authorize approval of expenditure not to exceed 52,000,
to correct a drainage problem of standing water between Woodshire Lane and
Swale ##18. Second by Virginia Donovan.
A drainage problem concerning 1037, 1039 & 1040 Forest Lake Drive was
discussed.
George Fog moved to address and obtain quotes concerning the drainage issue
with a solution presented by Wilson Miller not to exceed SS,OOO for 3 yard
drains. Second by Bob Jones. Carried unanimously 4-0.
Misc. Corres:
Date:
Item#:
1
Copies to'
C. Update on Bonding
A handout of priorities for the Bonding issue was distributed.
Roger Somerville moved to remove the sidewalks from the proposal.
withdrawn.
1611
Motion was
After review of the Bonding issue priorities, George Fogg moved to remove items #23,
2S, 27, 28 & 29 from the Bonding issue priority list submitted by Wilson Miller.
This includes review of the 24" culvert to Lake #7. Setond by Roger Somerville.
George amended his motion to add 10% contingency on the total amount presented
for the Bond issue and amount presented to be reviewed. Roger amended his
second.
Motion carried unanimously 4-0.
George Fogg moved to eliminate the 600 linear feet from the original paving motion
and authorize the Engineer to pave not to exceed 548,000. Second by Virginia
Donovan. Carried unanimously 4-0.
2
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Title
Monthly Activity - April Meeting Report
Sub-Title
Amount
Electricity
Electricity
FP&L-Forest Lakes Boxwood lift.
FP&L-Forest Lakes -Street Lights - Feb
Total
Other Misc. Services Mancan Inc. - Sue - Secretary
Other Misc. Services Mancan Inc. - Sue. Secretary
Total
Indirect County Reimb. County fee
Total
Other Contractuals
Other Contractuals
Capital Improvement
Capital Improvement
Capital Improvement
Capital Improvement
Improv. General
Improv. General
Improv. General
Improv. General
Improv. General
Improv, General
Improv. General
Improv. General
Improv. General
Improv. General
Improv. General
Improv. General
Improv. General
Other Contractuals
Other Mise,
Electricity
Lake Doctors - March monthly service
Lake Doctors . Water Mgmt. Service -March
Total
8,78
45,72
$54.50
$28.43
$187.00
$215.43
$1.400.00
$1,400.00
$556,00
$265.00
$821.00
I Total Operating Inv. Paid
$2,490.931
Turtle Lakes Golf Colony, Inc. . Asphalt Reimb.
Wilson Miller - Swale # 2 Task 02 & 4
Wilson Miller - Swale 7 & 10 Regrade
Wilson Miller - Professional Services
I Total Capital Improvement Inv. Paid
Forest Lakes MSTU - March Report on P.O's
Wilson Miller - PO 4500013180 - Roadway Drainage Mp.
Engineering Srv.
Quality Enterprise - PO 4500028338 - Roadway Impr. Phase I -
Closed
Wilson Miller. PO #4500053582 . Design Swale #2
Kyle Construction - PO # 4500028337 - Regrading Villas &
Construct Swale Task IX
Wilson Miller - PO # 4500054327- Observ. & Survey Serv,
Wilson Miller - PO # 4500053581 - Design Swale # 7 & 8
Wilson Miller - PO # 4500057958 - Traffic Engineering Srv.
Kyle Construction - PO # 4500054677 - Regrade 15
Bonness - PO # 4500050252 - Patching
Wilson Miller - PO # 4500053583 - Roadway signage & pavement
marking
EB Simmonds - PO # 4500060613 - Pump System Mod - control
panel
Southern Services - PO 4500060611 - Woodshire lane maint.
Turtle Lakes Golf Colonly - PO # 4500060812 - Asphalt Reimb.
Lake Doctors - Annual Maint.
Mancan, Inc.
FP&L
$13,436.99
$3,968.00
$8.078.00
$2.641.25
$28.124.24
P.O. Amount
Opened
P.O. Balances
4,837.50 $4,837.50
20,437,50 $0.00
15,000.00 $6,228.00
68,299.00 $68,299.00
9.666.00 $9.666.00
30.000,00 $12.026.00
29.980,00 27,338.75
19,470.00 $19,470.00
4.992,67 $3.281.98
3,500.00 $0.00
18,500.00 $18,500.00
4,920.00 $4.920.00
4.780.00 $853.00
3,500.00 $2,149.23
625.00 $274.90
1611
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AP~11-2006 04:20PM FROM-
T-128 P 001/002 F-4:
BONNPESS INC.
Pa,)inC and $i~t Corm-acr.-.r.;
1611
1 t90 Seward Avenue
Naples. Ronda 34109
(131) 597-6221 · (239) 597-7416 Fax
WWWobonne5Sinc.com
RECEIVED
APR 1 2 2006
Proposal
4/11/2006
Submitted To: Collier County Dept Of Altemative TI'it~tion Estimate Number: 02362006
Modes
Transportation
ATM Dept.
Address:
2885 Horseshoe Orive SOuttl
Naples, FL 34104
Bid Title:
Forest Lakes MSTtJ WoodShire l..ane
Project Location: Forest Lakes
Contact:
Darryl T. R1c:hird, RLA
Project City, State: Naples, FL
Phone:
(239) 659-5775
Fax: (239) 213-5899
Engineer/Architect: Wilson Miller, Inc
JUne #/ Item # Item Desailltion EsJ~ Quantity Unit Unit Pri~ Total Price]
01 Mobilization 1.00 LS $801.51 SSOl.51
02 Maintenance Of Trame 1.00 LS $1,185.93 $1,185.9:
03 Overlay Prep 1.00 LS $2,263.95 $2,263.%
04 Tack Existing Pavement With 5S-1H 1,334.00 SY $0.21 $280.1"-
05 1" Asphalt Overlcly 1,334.00 SY $7.40 $9,8i1.6C
Total Bid Price: $14,403.13
NabIs: · Subject 1D promPt accelXance within 15 days and to all conditions stipulated on the reverse side, we agree to
fumlsh materials and labor at the prke{s) set forttl above.
. Bonding Is not Included, If required p1ctr.1e add 1%.
· oue TO THE CRITICAL NATURE OF ESCAlATING MATERIAL COSTS, ASPHALT PRICES ARE SUBJECT TO
CHANGE. BONNESS INC WIU PROVIOE THE DOCUMENTATION OF MATERIAL INCREASES SHOULD THIS
SITlJAnON ARISE.
· Permits, fee$, layOut, survey, asbullts and testing by otheirs.
. The above scope of work is approximately 1,334 S.Y. @ (2) locations located on Woodshire Lane. Quanities
based on telephone converAtlon with OIrl$ Brehling @ Wilson Miller 4/1:/063:45 P.M., Mobili2ation is fer (1)
time.
· Due to existing grades and conditions Bonness Inc. can not guarzlntee 100% drainage of surface water
following I1!SUrfacing.
. Bonness Inc. cannot: guarantee against: future! reflective cracking.
· Pavement Markings And StrIpIng Not Induded
. New asphalt will scar with whed 5teerinQ, this sasrring is al'l ir'ldu$try wide OI:currence and is normal. ThiS will
dissipate with the curing process.
· Additional asphalt for levelill9 and pothole prep prior to paving, will be billed at a rate of $77.45 per ton.
Pa,"tMt Terms= Payment due within 30 days of date of invoice, regardless of when payment is made by Owner
4/1112006 4:15:27 PM
Pa96 1 of ;
APR-l1-2006 04:20PM
FIW-
BONNrESS iNC.
~ and Si(~-wort! Cotllra.:I(....
1990 Seward Aftnue
Naples, FJortda 34109
(239) 597-6221 · (239) 597-7416 Pax
www.bonnulinc.com
ACCEPTED:
The ebcM: prices, spedfatlon5 and c;ondltion$ are satisfactory
and hereby aa:epted.
Buyer
Signature:
Date of Acceptance:
CONFlRMJ!D:
Bonness Inc.
::'n%:
Estimator.
't/11/ZOO6 ..:15:27 PM
T-12B
P 002/0167111
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RECEIVED
APR 1 2 2006
Transporta tiotl
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Proposed Forest Lakes MSTU 2006 Priority Proiects List
Priority Proiect Descriotion Total Proiect Cost*
1 Gravity storm culvert from PS to Gordon River $ 314,944
2 Forest Lakes Boulevard Relief Sewer (alona Turtle Lakes Golf Colony seament) $ 136,752
3 Convert storm sewer manholes to arate inlets $ 33,152
4 Quail Forest Boulevard Swale Rearadina (should be done orior to Item #8) $ 124,651
5 Sinale Family Area - Side Yard Swale Rearade/Road Cross Drains/ Lake Interconnects $ 1,042,527
6 Rearade Swale #6 (behind homes on north side of East-West seoment of F-L Blvd.) $ 756,635
7 Overlay Forest lakes Boulevard and cul-de-sacs throuohout Sinole Family Area $ 367,986
8 Pipe Swale #15 and #17 $ 1,217,339
9 Rebuild Woodshire Lane from Pine Ridoe Road to Sinole Family Area $ 1,058,556
10 Overlay Quail Forest Boulevard from GC Clubhouse to southern end $ 605,308
11 Overlay Forest lakes Drive and side streets from Forest lakes Boulevard to south end $ 34,478
12 Reorade Swale #1 (behind condominiums on Quail Forest Boulevard) $ 10,079
13 Reorade Swale #3 (connects lakes behind condominiums on Quail Forest Boulevard) $ 20,885
14 Reorade Swale #4 (connects lakes behind condominiums on Quail Forest Boulevard) $ 37,630
15 Reorade Swale #12 (behind Forest lakes Golf & Tennis Club) $ 70,392
16 Reorade Swale #13 (behind Turtle lakes Golf Colony) $ 12,929
17 Reorade Swale #14a & #14b (behind Emerald Greens Villas) $ 78,293
18 Reorade Swale #11 (behind sinale familv homes on Forest Lakes Boulevard) $ 31,494
19 Reorade Swale #9 (behind sino Ie familv homes on Forest lakes Boulevard) $ 21,925
20 Reorade Swale #8 (behind single familv homes on Forest lakes Boulevard) $ 41,330
21 New storm sewer outfall at Fairways at Emerald Greens $ 129,275
22 Lake/Swale Interconnect: Pipe from Swale 10 to Lake 7 $ 18,844
23 Lake/Swale Interconnect: Pipe from lake 7 to Gordon River Extension $ 29,583
24 Lake/Swale Interconnect: Pipe from lake 6 to to Lake 5 $ 14,193
25 Lake/Swale Interconnect: Pipe from Swale 16 to lake 11 $ 18,337
26 Overlay Forest lakes Boulevard (east-west seament alona Turtle Lakes Golf Colony) $ 172,632
27 Woodshire Lane Sidewalk $ 138,133
28 Forest lakes Boulevard Sidewalk (east-west seament) $ 110,506
29 Single Family Area Sidewalk $ 172,666
2006 Priority Projects Total $ 6,821,455
*2006 Priority Projects List represents 2006 opinion of probable construction cost plus 15% engineering design fee.
Probable construction cost based on ENR Price Index = 2584 on 2/17/2006.
DOC# 144800
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May 9, 2006
2885 Horseshoe Drive
Naples, FL 34104
AGENDA
L Call Meeting to Order
D. Attendance:
III. Approval of Agenda:
IV. Approval of Minutes: Aprilll, 2006
v. Landscape Maintenance Report - Advanced Lawn
A. Maintenance Report
VL Landscape Architects Report - Mike McGee
A. Landscape Update
B. Update on Sunshine Project -Mike/Darryl
vn. Transportation Operations Report: Tessie Sillery
A. Current Budget
VIII. Old Business
A. Update on Golden Gate Parkway Bridge - Pat
B. Phoenix Pavers - Darryl
IX. New Business
A. Update on FP&L Crooked Poles & Bulbs - Tessie
x. Public Comments
XI. Review, Discuss and Assess Master Plan
xn. Adjournment
The next meeting .. sdleduled for June 13, 4:00 PM
At Golden Gate c..munlty Center
Naples, FL
16 '~1
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1611
<<i()t.OEN
2885 Horseshoe Drive
Naples, FL 34104
SUMMARY OF MINUTES &. MOTIONS
April 11, 1006
m. &. IV. Approval of Agenda and Minutes were amended and approved
unanimously.
VB. Transportation Operations Report:
A. Current Budget with 1006-'07 Budget review
Some adjustments were made.
Rick Sims moved to adjust the electrical from $3,00 to $1,100, add
$1,500 into License &. Permits, have Tessie check on the Insurance
and approve the 1006-'07 Budget with the changes. Second by Ginger
Martin. Carried unanimously 4-0.
vm. New Business
A. Appointment of New Member
Margaret Peggy Harris's application was distributed.
Pat Spencer moved to forward their recommendation of accepting
Margaret Peggy Harris to the Board of County Commissioners for
appointment to the Golden Gate MSTU Advisory Board. Second by
Ginger Martin. Carried unanimously 4-0.
Fiala
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1611
I;,",DI:N
2885 Horseshoe Drive
Naples, FL 34104
April 11, 2006
Minutes
L The meeting was called to order by Chainnan Rick Sims at 4:05 PM.
n. Attendance:
Members: Richard Sims, Patricia Spencer (4:10), Ginger Martin, Barbara Segura
County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator
Others: Mike McGee-McGee & Assoc., Mike Luneke, Dan Mote & Frank Kip -
Advanced Lawn & Landscape, Sue Chapin-Manpower Services
m. Approval of Agenda: Add: under New Business (A) Appointment of new member.
Rick Sims moved to approve the Agenda as amended. Second by Ginger Martin.
Carried unanimously 3-0.
IV. Approval of Minutes: March 14,2006
Ginger Martin moved to approve the Minutes of March 14, 2006. Second by
Barbara Segura. Carried unanimously 3-0.
(Pat Spencer arrived at 4:10 PM)
v. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano
Introductions were given of changes in Company - Mike Luneke, previous
owner, will take Steve Fabiano's place. Dan Mote is Irrigation Tech. Frank Kip
is current owner of Advanced Lawn.
A. Maintenance Report
. Mike been doing projects for 3 weeks
· Trimming palms
· Increased irrigation staff
· Fixed stuck valves
Darryl reported:
. Withheld payments for 3 weeks due to inefficiency in irrigation
. Have improved on landscape and irrigation maintenance
. Inspections improved as well
. Reports will be submitted every Friday along with any other reports
requested by staff (Schedules etc.)
. Will check all irrigation zones once a month
. As per contract they are mowing, trimming, pruning, removing dead
shrubs, spraying weeds, picking up trash and edging.
1
. Had meeting with Purchasing and noted they are fulfilling their
obligations per Contract and staff will continue to monitor their
performance - notifying that deficiencies are not to persist.
Mike stated they were closed yesterday and will work Saturday.
1611
Barbara stated she wants to make sure they stick to their procedures and policies
and will not be very tolerant in the future.
Advanced Lawn stated they will not sub-let any portion of their Contract.
Ginger noted a big improvement on Tropicana but still some dead spots.
Advanced Lawn will replace sod at their expense.
VI. Landscape Architects Report - Mike McGee
A. Landscape Update
. Pleased to see Landscapers are getting up to Contract Specs and
requirements and emphasized the importance of the irrigation checks
and the need for water during these checks according to their Contract.
A drive by is not sufficient. There is a reason they have the irrigation
checks in the Contract so there is water 10 minutes a day year around.
. Contract enforcement and obligation to fill the Contract is of utmost
importance.
. Need to stay on top of the problems - can't let them go and try to fix
them later - they just escalate in time.
. Areas for sod replacement - coordinate during rainy season - nothing
urgent at this time.
B. Update on Sunshine Project -MikelDarryl
Final grading has been done. Will set-up a meeting within a week for final
inspection on grading and curbing.
Lighting Plans - plans had been submitted from McGee and are under review
by staff at this time. In a legal interpretation from the County it was noted an
Engineering seal wasn't required.
No lights will be removed. Bob Tipton and John Miller had a concern with
the light levels being a liability. It they were removed, they would have to be
replaced with something equal to, or better than, what is there already.
The lights are pedestrian accent lights.
Being the poles are crooked from the stonn, Tessie will contact John Miller to
contact FP&L in reference to straightening them.
VB. Transportation Operations Report: Tessie Sillery
A. Current Budget - Budget was distributed - (attached). The Expenses and
Revenues were covered.
2006-'07 Budget Review - distributed - (attached).
. Insurance General was questioned as there was no amount in the
Budget line item - Tessie will verify.
. $1,500 was added to License & Permits
· Some adjustments were made.
2
RKk Sims moved to adjust the electrical from $3,600 to 52,100, add 51,500
into License & Permits, have Tessie check on the Insurance and approve the
2006-'07 Budget with the changes. Second by Ginger Martin. Carried
unanimously 4-0.
1611
vm. Old Business
A. Update on Golden Gate Parkway Bridge - Pat
Have not heard anything from Trinity accept they are doing some soil testing.
B. Phoenix Pavers - Darryl
Right-of-Way is following up on the order for the pavers.
IX. New Business
A. Appointment of new Member - Tessie
Margaret Peggy Harris's application was distributed and reviewed.
Pat Spencer moved to forward their recommendation of accepting Margaret
Peggy Barris to the Board of County Commissioners for appointment to the
Golden Gate MSTU Advisory Board. Second by Ginger Martin. Carried
unanimously 4-0.
x. Public Comments - None
XL Review, Discuss and Assess Master Plan
The Committee discussed the following:
. Pavers and Lighting will not change.
. Budgeting for new projects had been discussed
· Update Maintenance Cost numbers (McGee)
· Review Appendix D - Plants
o Adopt new ROW Ordinance into their Master Plan for plant
material according to the current County Landscape Plan
o Darryl will make a copy of the Ordinance for the members
o Need to reference the County Master Plan
o Growth Management Plan was discussed along with the
Streetscaping and Golden Gate Overlay
o Have a County Representative address the Committee concerning
the GG Overlay
Rick will attend a meeting and approach the Golden Gate Code Enforcement Task Force
for more enforcement with emphasis on Sunshine.
There being no further business to come before the Committee, the meeting was
adjourned at 6:15 PM.
The next meettng Is sdIeIIuled for May 9,4:00 PM
At Golden Gate Community Center
Naples, n
3
MEMORANDUM
1611
DATE: March 24, 2006
TO: Tessie Sillery, Transportation Operations
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Golden Gate Beautification Advisory Committee
As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Margaret Peggy Harris
2309 Hunter Boulevard
Naples, FL 34116
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment:
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
-
-
e
e
March 15, 2006
Sue Filson, Administrative Assistant
Board of Collier County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Re: Golden Gate Beautification Advisory Committee
Dear Ms. Filson,
I am very interested in a position that is open or opening in the beautification
committee.
I e-mailed the attached application and enclosed a copy of my resume for your
review. I did not see where it could be attached on the application on line,
therefore sending via mail.
II your consideration and time.
v:!l
--
1611
i
enc
Page lof2
1611
ftlson_ s
em: advisoryboards@colliergov.net
Sent: Wednesday, March 15,2006 3:40 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~nt.Y
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239)774-3602
<<~t~l .~.I,
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March 15, 2006
Application for Advisory Committees I Boards
Name: Margaret (Peggy) Harris Home Phone: 239-732-7349
Home Address: 2309 Hunter Blvd
It
City: Naples Zip Code: 34116
Fax Number: 239-262-5219 Business Phone: 239-262-1202
Email Address:scrapironlaw@yahoo.com
Place of Employment: David McElrath, P.A, Attorney at Law
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? Yes
If yes, explain:
Misdemeanors, sister used my name many years ago on several
charges and a DU I in
Are you a registered voter in Collier County? No
Board / Committee Applied for: Golden Gate Beautification Advisory
Committee
It
3/15/2006
Page 2 of2
1611
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committee?
Please list your community activities:
Teen Court Volunteer, Collier County Teaching Assistant
in Legal Studies, International College Paralegal in
Criminal Trials Volunteer, Sparkman & Quinn President of
Legal StudieslParalegal Club of International College
CLSP (Collier Legal Support Professionals)
Member/President Notary Public State of Florida
American Red Cross Volunteer Sac (School Advisory
Council) Head Start Program, Collier County Sac (School
Advisory Council) Shadowlawn Elementary Bayshore
Cleanup Project
Education:
See resume
e
Experience I Background:
I was born in Fort Myers and am a lifetime resident of
Naples. I have many contacts in the business and
professional community as well as residential. I know the
needs of the area and with my personal knowledge of this
along with it's growth, I feel will be a great asset to the
community as a volunteer. I have always been a good
listener and feel am a "Community Oreinted Activist". I
have been known on many occasions to step in where
others are unwilling or afraid to, ie. the cleanup of
Bayshore Road.
.
3/15/2006
1611
e
MARGARET (PEGGY) BARRIS
2309 Hunter Blvd
Naples, FL 34116
239-248-9574 Cell, 732-7349 Home
scraoironlaw@vahoo.com
OBJECTIVE
Seeking full-time position to enhance my educational and professional
background
EDUCATION
Baccalaureate in Science of Legal Studies, International College, June
2003
SKILLS
Legal: Criminal, Tort - Business, Health, Personal Injury, PIP, Workers
Compensation & Wrongful Death, Liens, Contracts, Family, Clemency,
Wills
Medical: Physical Therapy, Medical Terminology, Ward Secretary
Administrative: Office Management, Accounting-AlP & AIR, Payroll,
Taxes, Project Analysis, Purchasing, Receiving, Extensive Computer
Hardware & Software
.
WORK HISTORY
Legal Assistant, David L. McElrath, Naples, FL, 2005-Present
Senior Paralegal, Breiden & Associates, Naples, FL, 2001-2004
Office Manager, Forbis Electrical Contractors, Naples, FL, 1996-2001
Chiropractic Physicians Assist, Dr William K Nevius, Naples, FL, 1995
Office Manager, Forbis Electrical Contractors, Naples, FL, 1992-1994
PERSONAL & PROFESSIONAL AFFILIATIONS & ACTIVITES
Golden Gate Civic Committee, Member, 2004 - Present
Teen Court Volunteer, Collier County, 2004 - Present
Teaching Assistant in Legal Studies, International College, 2003 - Present
Paralegal in Criminal Trials Volunteer, Sparkman & Quinn, 2004 - 2004
President of Legal Studies/Paralegal Club of Intemational College, 2000-
2003
CLSP (Collier Legal Support Professionals) Member, 2001 - Present
Notary Public State of Florida, 1993-Present
American Red Cross Volunteer, 1995-Present
Sac (School Advisory Council) Head Start Program, Collier County,
1997-1998
Sac (School Advisory Council) Shadowlawn Elementary, 1997-2003
Certified Ward Secretary, Certified 1980
Certified Chiropractic Physicians Assistant, 1995
Certified Ward Secretary, 1980
e
REFERENCES: Available upon request
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Title
Electricity
Lighting Maint.
Other Misc. Services
Indirect Cost Reimbursement
Minor Office Furniture
Golden Gate Beautification MSTU
16 1..1
Monthly Activity - April Meeting Report
Sub-Title
Amount
Total
$59.42
$59.42
EB Simmonds
Total
$780.00
$780.00
Mancan/Manpower
Total
$179.21
$179.21
County Fee
Total
$1,700.00
$1,700.00
RCP- Benches
Total
$975.00
$975.00
-.~:,~:,II,:,~~...~.:.i~....m'...................................................................................................................~.~~.~,~~.:,~~,.
Sprinkler Repairs
Sprinkler Maint.
Other Contr.
Other Misc.
Lighting Maint.
Electricity
Misc. Office Furniture
Mulch
FertlHerb/chem
Eng. LA Maint. Design Services
Printing & binding
Capital Improvement
Capital Improvement
Improvements General
Improvements General
Capitallmpr - MSTD #313
Capitallmpr - MSTD #313
Fert/Herb/chem - MSTD # 112
Sprinkler Maint- MSTD #112
Other Contr.- MSTD #112
New P.O.'s
Fla. Irrigation
John Deer
Advance Lawns - General Maint. &
Incidentals - Green & Tropicana
$1,000.00
$12,000.00
$61,349.42
$3,000.00
$23,800.00
510.00
Mancan Inc.- Manpower
EB Simmons - Repairs & task 1 and task 2
FP&L
RCP - Benches
Forestry Resource
Pro-Source - Tropicana & Green Blvd.
McGee & Assoc.
Cecils express
975.00
$10,000.00
$6,000.00
$13,670.00
$600.00
EB Simmonds - Phase 3 - Sunshine
RCP Shelters - Bench backs
Lumec - 12 poles - Sunshine Improvements
Bonness, Inc. - Sunshine Improvements
$10,410.97
$975.00
25,380.00
$198,530.13
County - P.O.'s
Bonness, Inc. -Medians 1 - 2 -3 - Pavers
Bonness, Inc. - Sunshine Improvements
Pro-Source - G.G.Parkway & 951 a&b
Fla. Irrigation - G.G. Parkway & 951 a & b
Advance Lawns - G.G. Parkway & 951 a&b
and various interal roadways
$11,117.63
$120,000.00
$40,000.00
$11,000.00
$223,540.72
1611
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1611
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING WEDNESDAY, MAY 3,2006
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY
SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962 HAMMOCK OAK
DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, MAY 3,2006 AT 3:00 PM.
1, Roll Call
2. Approval of Minutes of the April 5, 2006 Meeting
3. Audience Participation
4. Chairman's Report
Collier County Supervisor Contact
Community Relations
Government Relations
Waterside Shops Progress
Pelican Bay Advisor
Access Road to facilities, Club, etc.
5. Committee Reports
Clam Bay Committee
Clam Bay Monitoring and Improvement schedule
System I, II, III & IV Retention Area Improvements - Test Area
Budget Committee
Fare Share Program Update
Fiscal Year 2006 Second Quarter Review
Fiscal Year 2007 Preliminary Budget Review
6. Red Flag/Green Flag
7. Capital Projects
Oakmont Lake Bank
Community Issues
U,S. 41 Street Lighting
Pelican Bay Boulevard Micro-surfacing
Tree Replacement - Hurricane Wilma
Hurricane Wilma Storm Damage
Hurricane Charley Storm Damage
8. Committee Requests
9. Audience Comments
10. Adjourn
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE
PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY
PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A
DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT
(239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING.
Fiala
Halas
Henning
Coyle
Coletta
j /
'q
1\/'
y
Pelican Bay -located in the County's District 2
Misc. Corres:
Date: ~ ..;13. Olp
Item#: IlJL L (b'~
Copies to:
1611
PELICAN BAY SERVICES DIVISION BOARD MEETING
April 5, 2006
Naples, Florida
LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular
Session on this date, April 5,2006 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak
Drive, Naples, Florida 34108 with the following members present:
Mr. James Burke, Chairman
Mr. Christopher Sutphin, Vice Chairman
Mr. John Boland
Mr. David Bramson
Mr. Coleman Connell
Mr. John Domenie
Mr. John laizzo
Mr. Matthew Mathias
Mr. David Nordhoff
Mr. Donald Spanier
Mr. Edward Staros
ALSO PRESENT: Eighteen (18) Pelican Bay residents; Deputy Carmine Marcino, Collier County
Sheriff's Department; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr.
Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Ms. Jean Smith,
Operations Analyst, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary
AGENDA
1. Introduction and welcome of new Board Members - Jim Carroll
2. Election of New Chairman - Jim Carroll
3. Roll Call - New Chairman
4. Approval of Minutes of the March 1, 2006 Board Meeting
5. Election of Vice Chairmen
6. Audience Participation
7. New Chairman's Comments
8. Committee Reports
Clam Bay Committee
Clam Bay Annual Monitoring Report
Clam Pass Inlet
Beach Renourishment
Budget Committee
Fair Share Program Update
Fiscal Year 2006 Capital Fund Forecast
Revised Fiscal Year 2007 Capital Programs
Review of Fiscal Year 2007 Preliminary Budget
Review of Historical Assessment Levels
9. Red Flag/Green Flag
10. Capital Projects
Oakmont Lake Bank
System III & IV Retention Area Improvements - Test Area
Community Issues
U.S. 41 Street Lighting
Pelican Bay Boulevard Micro-surfacing
Hurricane Wilma Storm Damage
Hurricane Charley Storm Damage
11. Committee Requests
12. Audience Comments
13. Adjourn
6416
Pelican Bay Services Division Board
April 5, 2006
1611
INTRODUCTION OF NEW MEMBERS
Mr. Carroll introduced the new members and welcomed them to the Board.
ELECTION OF NEW CHAIRMAN
Mr. Carroll asked for nominations for Chairman of the Pelican Bay Services Division
Board for the coming year.
Mr. Sutphin nominated Mr. Burke as Chairman.
Mr. Nordhoff seconded the nomination.
Mr. Boland nominated Mr. Sutphin as Chairman.
Mr. Sutphin thanked Mr. Boland for the nomination saying that he did not wish to be
nominated for the position.
There being no further nominations for the position of Chairman, the nominations
were closed and Mr. Burke was unanimously appointed Chairman of the Pelican Bay
Services Division Board for the coming year.
ROLL CALL
Mr. Burke asked that the record reflect that all members are present.
APPROVAL OF MINUTES OF THE MARCH 1. 2006 BOARD MEETING
Mr. Domenie stated, "On page 6363, "Mr. Sutphin moved and seconded by Mr. Burke
and approved on a vote of 9/0 to direct staff to work with Sheriff Hunter on the transition of the
fixed assets to close out the intent of the contract". Has that transfer been completed?
Mr. Petty replied, "It is in process".
Mr. Nordhoff moved, seconded by Mr. Domenie and
approved unanimously, the Minutes of the March 1, 2006
meeting.
~-~----~--
ELECTION OF VICE CHAIRMEN
Mr. Burke nominated Mr. Chris Sutphin, seconded
by Mr. Nordhoff and unanimously approved to have Mr.
Sutphin remain as a Vice Chair of the Pelican Bay Services
Division Board and also as Chairman of the Budget
Committee.
- - - - - - ----- - ~- -- - ---~ ------ -- ---- - ----~~-~
6417
Pelican Bay Services Division Board
April 5, 2006
1611
Mr. Burke stated, "I would like to ask my partner on the Clam Bay Committee, Mr. John
Domenie, to serve as Vice Chair and also take on the role of Chairman of the Clam Bay
Committee".
Mr. Burke nominated Mr. John Domenie, seconded by Mr.
David Nordhoff and unanimously approved to have Mr.
Domenie appointed as Vice Chair of the Pelican Bay
Services Division Board and Chairman of the Clam Bay
Committee.
~~-~------
Mr. Burke stated, "We have to get into the staffing of these Committees since there have
been some changes". The Clam Bay Committee will be short two people with Mr. Roellig retiring
and my taking over as Chairman of the Board. I would like to ask Mr. John Boland to serve on
the Clam Bay Committee.
Mr. Boland replied, "Thank you, I appreciate the honor, but that is not my forte and I
respectfully decline".
Mr. Burke asked, "Mr. Petty, does he have the option to decline"?
Mr. Petty replied, "Yes, he does have that option".
Mr. Burke stated, "He is the only Board Member who does not serve on a Committee".
Mr. laizzo stated, "You have two new Board Members who are not on Committees".
Mr. Burke stated, "Mr. laizzo, I would like you to move from the Budget Committee to the
Clam Bay Committee".
Mr. laizzo replied, "I decline that move also".
Mr. Petty stated, "You are not required to make any changes at this time". Mr. Burke.
you are the Chairman of that Committee and can remain as the Chair until such time as you can
find a suitable replacement.
Mr. Burke asked, "Can I sit on the Committee"?
Mr. Petty replied, "Yes".
Mr. Burke stated, "Mr. Domenie will be the Chair of the Clam Bay Committee".
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Mr. Sutphin stated, "I would like to have at least one, if not two, additional members on
the Budget Committee so that it is not so difficult to get a quorum".
Mr. Burke stated, "I would like to appoint Mr. Coleman Connell to the Budget Committee".
We have also had some discussions about Mr. David Bramson serving on that Committee.
Mr. Domenie asked, "Can Mr. Connell serve on the Clam Bay Committee and Mr.
Bramson serve on the Budget Committee"? How many people are now on the Budget
Committee?
Mr. Sutphin replied, "With the addition of Mr. Connell and Mr. Bramson that now makes
six members".
Mr. Domenie stated, "The Clam Bay Committee is now left with two members". I have
one other problem and I don't know how we can best address it. The entities that are very much
affected by Clam Bay are the Ritz Carlton Hotel and the Naples Grande Hotel. In some way or
another, the Naples Grande Hotel should have somebody at the Clam Bay Meetings. After all,
Clam Pass Park is their beach. I don't know how we can do that. We could ask them to send
somebody to our meetings as a participant.
Mr. Staros stated, "Mr. Hunter Hanson is the new Manager at the Naples Grande Hotel
and I will be happy to invite him to those meetings". He would not officially be sitting on the
Committee.
Mr. Domenie stated, "If you can tell him to expect a phone call from me, I will go over it
with him on Thursday", That still only leaves us with two members on our Board.
Mr. Burke replied, "I will continue to serve until something else can be worked out".
Mr. Sutphin stated, "There is a Budget Committee Meeting scheduled for next week". It
is usually the third Wednesday of each month at 3:00 P.M., however, I will be out of town and the
meeting has been rescheduled for Thursday, April 13, 2006.
AUDIENCE PARTICIPATION
Mr. Alan Grossman, President of the Bridgeway Villas Association - "I am appearing
here this afternoon to speak for the residents of Bridgeway Villas and the topic is the expansion of
Waterside Shops". Everybody would love to see the improvements to the Waterside Shops and
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we would very much like to see the Nordstrom Department Store as part of the expansion.
Unfortunately, the developers, and to the best of my knowledge the County, never made it known
to the people in Bridgeway, or the people of Pelican Bay for that matter, as to what the plan was
since the Forbes Company took control of Waterside Shops. We know that a couple of years
ago a plan was submitted and approved by most people, which showed the expansion of
Waterside Shops and the changes that were proposed by the previous owner. That plan included
two multi-story garages, one on Sea gate Drive and one off of Ridgewood Drive. The new plan,
as proposed by Forbes, shows one large four level garage running from the US Trust Building, all
the way to the recharge basin. It is a four level structure, the length of two football fields, facing
West Boulevard. The structure would obviously have to be lighted at night and we believe that it
would be no asset to Pelican Bay as a community, to have this large four level parking garage on
West Boulevard, when there is ample room on other parts of the site. We understand from
Forbes that their deal with Nordstrom's is that the garage must be within 350' of the store. Again,
that does not impose a great burden on the developer. I can speak from experience because a
good part of my career as an architect and developer was in building these large 1,000,000
square foot covered and open malls. I do believe those garages could be moved to a different
location. We are very pleased with the improvements that are going on at the center, but we are
very upset over the garage. We feel we are a part of Pelican Bay; we participated in Pelican
Bay's fight over Cap d'Antibes, even though the people in Bridgeway would not see it and other
than through a trip to the tennis courts, would never go by it. We thought that since we are a part
of the family of Pelican Bay, we would like the Foundation and the Pelican Bay Services Division
to feel the same way about Bridgeway. I have made a presentation to the Pelican Bay
Foundation Board and their response was that it was approved and we don't think we can do
anything about it. I don't think anyone has ever seen the plan that was approved and I am not
sure that anyone ever saw the plan with two garages. The County never posted notices or
informed us of the plans. By being a part of the Pelican Bay family, we are asking you for your
assistance. Mr. Don Spanier has helped us considerably. We would like your assistance in
having the Forbes people change and compromise their garage plans.
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Mr. Sutphin asked, "Do you have any idea of the timing of the decision process on the
finalization of the garage plans"?
Mr. Grossman replied, "No, I wish I could tell you that prior to 9/11 we wished that the
CIA worked this well". We have been told that it has been approved by the Foundation and told
by the County that it has not been approved. We have been told that the Southwest Florida
Water Management District has to get involved because the Nordstrom store will be built over the
recharge basin and how are they going to mitigate that? You have the considerable traffic
problems on West Boulevard, the recharge basin problem and the problem of the community
having never been notified. If Mr. Spanier and Mr. Domenie hadn't helped us ferret out this
information, we probably still would not know.
Mr. Sutphin stated, "If you understand how this Board works, for example, if this Board
asked Mr. Petty to come up with information, it is one month from today before we see it". It is a
very laborious process to have this Board consider something and take action on it.
Mr. Grossman stated, "We have been promised another meeting with Mr. Forbes and his
staff'. They are very pleasant, compromising people and were not out declaring war in our first
meeting. I believe we will have another meeting within the next ten days. I do believe that Mr.
Spanier plans on attending that meeting. We do not know the schedule with the County or the
Foundation's knowledge of what the schedule is, because we have been unable to find out.
Mr. laizzo asked, "Is the County responsible for making the public aware of such a
building"?
Mr. Grossman replied, "I have worked all over the United States and I have lived here for
nine years and I have never seen a project without a sign erected showing what was going to
happen, with a drawing, sketch or site plan". That did not happen at Waterside Shops.
Mr. laizzo asked, "Is there a fault here"? Did the County mess up by not notifying the
public and giving us a variance on that design?
Mr. Grossman replied, "Far be it from me to condemn the County, because we are trying
to work with them right now. Commissioner Halas held our last meeting in his office, so far be it
from me to criticize the County, but I must say we have been kept in the dark.
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Mr. laizzo stated, "The question is, are they wrong in not notifying the public, that's all".
Mr. Grossman replied, "My answer would be yes".
Mr. Bramson asked, "Are there no other approvals required from Pelican Bay
organizations"?
Mr. Grossman replied, "According to the Foundation, it has been approved and there is
nothing we can do about it", That is a quote. What was approved has no relationship to what is
actually going to be built. The problem is that we are asking for your help, the Foundation's help
and anybody else's help, to have some action occur prior to approval.
Mr. Burke asked, "Mr. Spanier do you have any information; you have been involved with
this for some time"?
Mr. Spanier replied, 'The project has been viewed by both the Foundation and the
County as new construction". As a result of that, the Foundation has no role in this whatsoever.
In so far as our Board is an officially constituted agency of the County, we have taken a careful
and proactive approach in communicating with the Commissioner and the various staff people
involved. There is a real ambiguity about whether any further approvals are formally required,
have heard both answers and hopefully at the next meeting we will get a clear answer.
Mr. Spanier continued, "We do not have a clear answer that any approval, other than the
one pending from the Southwest Florida Water Management District is required". In the absence
of that permit, no construction can move forward.
Mr. Domenie asked, "Are your comments only in regard to the garage, or does it also
include Nordstrom's as far as the water management is concerned"?
Mr. Spanier stated, "It is the entire project".
Mr. Grossman replied, "Bridgeway's main concern is the garage and the affect that it will
have on the aesthetics of the area". The use of the recharge basin does affect Bridgeway
because we believe that it is part of the flood control for our area and I would guess that they
would have to mitigate that. Our main concern is the garage, its appearance, its size and we feel
it would be a major traffic problem for West Boulevard. Please remember that for other than the
ingress and egress points, West Boulevard is a single lane roadway in both directions that has to
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service not only the traffic that tries to avoid US 41, but also the Philharmonic, the shopping
center and St. Williams. Also, St. Williams is planning an expansion of its parking space and the
size of the church itself.
Mr. Petty stated, "It is probably a good thing to discuss this as community matters before
this Board". It is a not a function of the Pelican Bay Services Division that this would come before
it for review or that we would take it to the County with a pro or con position. The statement was
made that Bridgeway felt that it was part of the family of Pelican Bay, which I believe is a very
proud statement and I think our Board Members are proud to say the same thing. For the Board
to consider this as a community matter, as a member of the Foundation or a resident of Pelican
Bay, would be appropriate.
Mr. Sutphin asked, "Can I assume that Mr. Spanier is following this issue in real time",
Mr. Spanier replied, "I have been, right up until the current time",
Mr. Sutphin stated, "I disagree with Mr. Petty, only to the extent that one of our approved
objectives for the current year is to be pro active with the County when we feel that there is an
interest and need to do so". If we feel that there is something this Board should consider in
relation to this project, where a vote by the Board would serve the interest of the community, that
you ask for a special Board Meeting should this occur prior to the date of the May Board Meeting.
The time between meetings does not really give us time to deal with issues on a real time basis.
Mr. Spanier replied, "I think that is a sound recommendation", As far as the question as
to whether we are in a gray area or not, my reading of the Ordinance certainly gives us the
responsibility and function of advising the County Commission on issues, problems and needs
that concern Pelican Bay. Some of those have proven to be this project, Cap d'Antibes and
other construction type projects. I will certainly continue to monitor this and report back
appropriately to the Chair.
Mr. Burke stated, "Mr. Spanier has been involved in this early on and I believe that he
has been instrumental in getting Mr. Nate Forbes and Mr. Sydney Forbes involved. Mr. Domenie
has also attended one of the meetings. I believe the Forbes people might have been surprised
by some of the reaction. What I am getting from Mr. Spanier is that they are coming forward and
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at least listening, I don't know to what extent they are going to make changes, but I also
understand that the earliest possible opening date of Nordstrom's is January 2008. That parking
lot is going from the current 1,200 spaces to 2,000 parking spaces, which is a total of 800
additional cars.
Ms. Darcy Cox - Bridgeway Villas resident - "I am here to represent the Traffic
Committee that was set up at Bridgeway last year when we recognized that there were traffic
problems developing on West Boulevard". I thank Mr. Spanier and Mr. Domenie for getting this
resolved and recognizing this issue. I want to summarize some of the aspects. The County
approved the expansion in 2004. At that time plans showed no parking garages on West
Boulevard. Required traffic impact studies did not include West Boulevard, north of Seagate, and
we checked that with the County traffic authority. They did not include any part of Pelican Bay.
We have never been taken into account when moving the entire parking area to West Boulevard.
Interestingly, the completed study reflected the concerns of residents on Crayton Road and the
surrounding areas, supported by pressure from the Naples City Counsel, who obtained Waterside
funded impact studies and helped resident associations work with the appropriate City
departments on traffic calming measures. This is why we are now looking to you. You are our
arm to the County to get some interest and involvement. West Boulevard was designed as a
collector street and for collecting traffic from our sixty homes, St. Williams and to a lesser extent,
the smaller back entry to the office building that is located there. We need your help to facilitate
the process of working with the County traffic authorities and we need your commitment to make
sure that the south side of Pelican Bay is not degraded by traffic snarls and a huge, inappropriate
commercial parking garage facing a residential area,
Mr. Domenie stated, "Mr. Grossman, why don't you pass out the sketches of the garage
that you have". You are also on the Pelican Bay Property Owners Association. You have
mentioned the Pelican Bay Services Division and the Pelican Bay Foundation, but you have not
mentioned the prime people who would be involved in something like this, the Pelican Bay
Property Owners. What is their position and what are they planning to do?
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Mr. Grossman relied, "That was not a deliberate oversight". I did not know as a Board
Member, if I could speak for the entire Board. Generally speaking, they have indicated a certain
amount of surprise at the change from the original plan by the previous owner of two garages,
neither of which is located on West Boulevard. You must remember that this is a four level
garage, with the first level at ten feet to accommodate buses. It will be almost as high as the
Philharmonic.
Mr. Burke stated, "The County traffic department will be doing new traffic surveys".
Mr. Spanier replied, 'We have had discussions with Mr. Robert Tipton and they will
update that survey".
Mr. Grossman stated, "The traffic study that was referred to at our meeting, stated that
there were eight cars per hour using West Boulevard".
Mrs. Potter asked, "Can you hear me"? First I want to say congratulations and my deep
appreciation to our new Board Members and our new Chairman. We appreciate all that you do
for us. I do share the concerns of the various speakers. We are one family, and what touches
one of us touches all of us. My concern is of not such great importance as the other matters, but
I have had people calling me. They are somewhat concerned about our natural areas of the
berm that face the mangroves. This is an area of particular importance to Pelican Bay. We are
the only development in Collier County with a conservation area where there is so much wildlife
and we want to keep this. I am asking you to make a formal statement that this area will remain a
natural area. I know that you have indicated that this is your intention, but I think the time has
come to make it a policy. You may have to go back to the Clam Bay Committee to do a formal
statement, but I think it would allay the fears of some of your residents.
Mr. Sutphin stated, "It is one of our approved objectives to maintain the mangrove
preserve and to continue the improvement program".
Mrs. Potter replied, "Yes, the mangrove preserve, but I am speaking of the natural areas
on either side of our berm". That is what supports the small creatures and so many of the birds.
Mr. Sutphin stated, 'With the understanding that some of that land is private property".
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Mrs. Potter replied, "I understand that, but the area next to the mangroves belongs to the
conservation area". If you just made a formal statement, I think it would clear the air.
Dr. Ted Raia - St. Raphael - "I would like to refer back to the Waterside garage". I am
not speaking for the Foundation. The original plan had to get the approval of the Pelican Bay
Property Owner's Association. The plan that was shown to us is not the plan that they presently
have. I doubt very much that the Pelican Bay Property Owners would approve this plan.
Somewhere along the line, a different set of plans was approved by the County. Because of a
quirk in the Land Development Code, subjectively, an insignificant change can be made and,
therefore, the change is made. It behooves all of us to look at this plan and ask ourselves if this
is a significant change. To me it is easy to see that it is a significant change. What Mr. Weigel
stated when our current Ordinance was changed, was to have a Board that would be responsive
to the community's concerns and to bring these concerns to the Commissioners. I have that in
writing if anyone wants to see it. I think he is talking about things such as this and that the
Pelican Bay Services Division could respond to a public concern.
Mr. Bramson asked, "Did I understand you to say that the Pelican Bay Property Owners
have to approve the plan"?
Dr. Raia replied, 'They had to come to us for permission to move the commercial units
from the Marketplace to the Waterside Shops". In requesting that permission, they explained the
difficulty that they were having with Jacobson's and showed us the plans they were going to use.
With that information, we wanted to support Waterside Shops and we approved it. That is not the
plan that we see before us now. The Pelican Bay Property Owners Association approved the
transfer of the commercial units
Mr. Bramson asked, 'Was that conditional on your approval of the plans to build the
parking garage"?
Dr. Raia replied, "I can't say that". I believe that the Pelican Bay Property Owners
already sent a letter approving the transfer of the commercial units. I don't believe that there is
anything in there of a contingency that the plan that was shown to us has to be the final plan.
can tell you that was the Board's intent and why it was approved.
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Mr. Sutphin stated, "I would like to clarify my position, thinking back to the Cap d'Antibes
situation, where right or wrong, this Board allowed Mr. Petty's predecessor to intimidate us by the
threat of getting on the wrong side of the County Attorney if we took a position". There is a
significant difference. At that time, there was litigation in process and I could see an argument for
us staying out of it. Currently, there is no litigation in the process and I, for one, feel very strongly
that this Board needs to be involved. I commit as an individual to be involved and I think you can
count on the rest of the Board to do the same.
Mr. Burke stated, "To close this out, I don't believe that there were any changes made on
the County's part". I don't only believe it, but I know it didn't happen. The Forbes people don't
feel they need any approval for this plan, whatsoever, Nobody at the County has been provided
with anything to approve. Everybody seems to think that everything has been dotted and
underlined, but through Mr. Spanier's and Mr. Grossman's efforts, you are bringing those people
to the table. I may be wrong, but I think they may have gotten a wake up call. They know there
is a major concern and I don't know to what extent they are going to come back with something
satisfactory. In my mind, there is plenty of fire power, with Mr. Grossman's and Mr. Spanier's
backgrounds, to move it in some positive direction.
Mr. Domenie asked, "Isn't this what Mr. Biondo was referring to when he said that we
should speak in one voice Le" this Board, the Pelican Bay Property Owners and the Foundation".
If all three Boards would meet together with the Forbes Company, I think that would have a much
greater impact than just individuals meeting.
Mr. Spanier stated, "I really feel that we have a process that is working and will lead to a
conciliated resolution of this problem that will be satisfactory to both sides". To attempt to solve
the age old problems of government in Pelican Bay, on the shoulders and backs of Bridgeway, is
not a good idea.
Ms. Selma Petger - Bridgeway Villas - 'What happens when all of us leave for the
season and this is still unresolved"? I think Mr, Domenie's suggestion of getting everyone
together is a good idea. The Forbes Company needs to know that the community is against it.
Mr. Burke replied, "I think they are getting that idea".
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NEW CHAIRMAN'S COMMENTS
Mr. Burke stated, "I have been waiting anxiously for this moment". This discussion is
something that I have had in my mind for quite a while and Mr. Carroll has already laid the ground
work. It is the need to continue formalizing the development of relations with the County
government, both elected officials and staff, as well as our neighbors throughout District 2. You
would be surprised how the contacts that have been developed are working for us right now. We
don't go over there blind. I am not going to do it at this meeting, but I am going to pursue the
appointment of a "Government Relations Committee", a Government Liaison position or
Government Lobbyist. Mr. Petty and I are going to work to put that together. I am more
convinced than ever that we need to stay in the face of our neighbors, because we are all going
to be faced with the continued urbanization of Collier County.
Mr. Burke continued, "I have just completed my fifth year on this Board, as has Mr.
Sutphin and Mr. Domenie". I am honored to be selected as the Chair to replace Mr. Carroll. Mr.
Sutphin and I have worked with Chairmen such as Mr. Vlasho, who guided us through the turmoil
of the 2002 Ordinance change. For the past three years, we have been under the leadership of
Mr. James Carroll. In my opinion, Mr. Carroll has led this Board through a period of real growth.
Not just growth and understanding of what it is we are, but what we can be. He has done a very
god job of that. To echo Mr. Sutphin, this Board now knows more about our finances than we
ever have. We now know more about Clam Bay and its challenges than we ever have. We are
learning how to use that knowledge. Mr. Carroll began that effort with the appointment of the
Budget Committee and the Clam Bay Committee. His efforts to strengthen our Ordinance and
secure subtle expansions of our ability to work for the betterment of this community are going to
serve this Board well for many years to come. Of importance in my mind, is how Mr. Carroll
slowly, methodically and persistently built a relationship with the County Commissioners, the
County Manager and the entire staff. Not only did he build it, I think he strengthened it and in the
process our ability to do what we need to do for Pelican Bay has been strengthened. To me, that
is going to be the Jim Carroll legacy. I want to express my appreciation and thanks to Mr. Carroll.
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Mr. Burke stated, "On the upside of Mr. Carroll leaving the Board, the Sunshine Laws no
longer govern our ability to discus opportunities, problems and challenges". If Mr. Carroll and his
wife will see fit, I will be calling upon him for his advice and guidance.
Mr. Burke continued, "The past two or three years have been a period of learning and
awakening for me". I have a crystal clear picture of what we have in Pelican Bay and I have put a
lot of value on it. I am not too sure before all of the turmoil, that I truly appreciated what we had,
As an individual, I want to do what I can to build upon the base that has been established by
those that came before us. This Division has a clear cut Mission Statement and we have clearly
defined Objectives in support of that Mission. They are all designed to preserve and enhance
our lifestyle in Pelican Bay. I believe that to achieve our objectives we have to work in
collaboration with not only the Foundation and the Pelican Bay Property Owner's Associations,
but the business community, the President's Council and all of the other community interest
groups. We all share a common bond, which is Pelican Bay. We all have a financial quality of
life investment here. We have to get back to the common effort. In pursuit of that effort, I feel
that we need to consistently communicate with the Pelican Bay citizens and various
organizations. I have some ideas that I am going to talk to Mr. Petty and the Board about, in how
to accomplish that. We have to continue to develop our relationships within the Collier County
government structure to continue with and build upon what Mr. Carroll has started. Also, our
relationships with our neighbors in Vanderbilt Beach and Seagate and other parts of the County
may not seem important, but you would be surprised how helpful they can be in getting things
done. The people in Bridgeway Villas may find that out. I look forward to working with this Board
and playing a part in moving Pelican Bay not only into a period of continued growth, but in asset
value and quality of life.
COMMITTEE REPORTS
CLAM BAY COMMITTEE
BEACH RENOURISHMENT
Mr. Burke stated, 'We all know that our part of the beach renourishment has been
completed and we ended up receiving an additional 2,000 cubic yards of sand".
CLAM PASS INLET
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Mr. Burke stated, "We do not have an update on the Clam Bay Inlet Project". Mr. Petty,
for the sake of the Board, could you summarize our meeting this morning with Mr. Seblatnigg and
Mr. Kinney?
Mr. Petty stated, "At today's meeting we discussed the proposal of maintaining the
resources on both the east and west side of the berm and amending our policy on maintenance
of certain areas on the east side of the berm, which are retention areas". The requirements of the
multi-family parcels when they were built, required that they provide "X" cubic feet of storage for
stormwater runoff for the facility. The shape was immaterial as long as the quantity was right and
the District maintained an easement over those areas, In the past, we have asked the property
owners to maintain those areas. As the berm has become a major resource for everyone that
lives in Pelican Bay, as we have seen opportunistic species such as Willows take over large
areas of that property, we have discussed various alternatives and programs. It was very nice to
hear Mrs. Potter talk about keeping this area natural, because that is exactly what we have been
discussing for the past several months. We have the opportunistic species taking over what is
clearly a very nice hardwood area right next to the berm. In certain areas we have cleaned out
those opportunistic species and allowed the natural fauna to come back. It is well established for
the bird population and is looking a lot better. We also discussed requests by several of the
condominiums who have asked us to get involved in the removal of debris that falls within these
areas. Once debris gets into those areas, their landscape people are not trained to go in and
remove those materials or maintain species, where we have a trained staff.
Mr. Petty continued, "We also discussed a philosophy change, where the Division would
be the manager of these facilities to maintain them and, therefore, control them in order keep the
areas in their natural environment. While these areas are, first and foremost, retention areas for
stormwater, natural species are the only species that will be approved and maintained by the
Division. That philosophy would satisfy a lot of actions that have been ongoing over the last
several years. It would simplify how it would be funded and would provide the full source of
accountability, which is this Division. We had a very positive meeting with the Foundation, which
leads us to the next level of the Clam Bay Committee. We will ask the Clam Bay Committee to
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consider bringing the program to the Budget Committee as ~ Capital Improvement in the
forthcoming budget, whether it would be in a single year or multi-year format.
Mr. Burke stated, "It seems to make a lot of sense".
Mr. Spanier stated, "I think your explanation of the scope and purpose of the mission was
very clear, but I am not sure of what sort of open ended financial commitment we are
undertaking". Is this going to take $1,000,000 or $100,000 a year? I always get nervous at the
open checkbook approach.
Mr. Petty replied, "That is a very good concern and is our concern as well". As you may
recall, at the last Budget Committee Meeting we heard a resident say their assessments were
going to go very high as a result of the hurricane issues and that he would like the Budget
Committee to keep that in mind in preparing the budget. The Chair for the Budget Committee
gave his assurance that was a high concern for the Committee. We are not looking to try and
fund this all at once; we want it to fit within those parameters that were expressed by the Chair of
the Budget Committee. We want to make sure this is done in a timely fashion, but not one that
would cause any financial hardship.
Mr. Burke stated, "This would not be a one time project; but would be multi-year".
Mr. Petty replied, "There would be a removal process and there would be staff dedicated
to maintaining the area, removing windblown debris and keeping anything that was opportunistic,
like the Willows, from establishing itself in the future".
Mr. Burke stated, "During the meeting, Mr. Seblatnigg read off a lot of the comments from
the Annual Member's Meeting and this supports most of what the people were saying about that
part of the berm and the maintenance". We are on target with that.
Mr. Domenie asked, "Is the East of the Berm pamphlet ready for distribution"?
Mr. Petty replied, 'They have already been handed out". Samples were provided to the
Board at their last meeting and they have already been handed out to homeowner's associations,
the Foundation and are available in our office as well.
BUDGET COMMITTEE
FARE SHARE PROGRAM UPDATE
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Mr. Sutphin stated, "A meeting was held with the Deputy County Manager, Leo Ochs, on
March 10th". Subsequent to my preparing the slide for this meeting, Mrs. Barbara Smith received
a phone call from his office and there is a meeting scheduled for Monday afternoon. As a follow
up to this, I would request that Mr. Connell attend that meeting on behalf of the Board, We both
attended the prior meeting and we were able to get away with that because Mr. Connell was not
officially on the Board. Now that he is a member of our Board, only one of us can attend those
meetings at a time. I am asking Mr. Connell to continue to provide that continuity.
Mr. Sutphin continued, "What was put on the table was County participation in two
areas". One, financial subsidy in those areas where we assess for a service and the premise is
that if we did not the County would provide some basic level of service, which they presently do
not. Interestingly, in the course of our conversation, we brought up Vineyards Boulevard, which
appears a lot like Pelican Bay Boulevard. Mr. Ochs' comment was that I doubt very much that
the County contributes to that. Well, Mrs. Barbara Smith put on her detective hat, made some
phone calls and found out that although it is different in that the developer still maintains control
over the maintenance of that street, since the developer is still in control of the Vineyards, the
County does, in fact, contribute. I provided that information to Mr. Ochs' and you have a copy of
that in your agenda package. He has now responded and scheduled another meeting, so I am
assuming he is not going to come out and flatly say no.
Mr. Sutphin stated, "The other item we are asking for is operational, where the Services
Division would be allowed to assume operational control over small projects, a classic example
being sidewalk resurfacing that in the County's scheme of things is not high on the priority list".
When it lingers undone for years, as it did in Pelican Bay, it becomes very high on our priority list,
that we be allowed to take over the operational control of those projects with the County providing
the funding. Again, I don't know what the response is going to be, but at our next meeting we will
have a report.
Mr. Petty stated, "I spoke with the Chair earlier and I have a bond closing that I have to
attend on the other Coast and, unfortunately, I have to leave at this time".
Mr. laizzo asked, "Is Vineyards Boulevard County owned"?
6432
Pelican Bay Services Division Board
April 5, 2006
1611
Mr. Sutphin replied. "It is a public street, but the landscaping and beautification is still
done by the developer of the Vineyards because they are not built out". They don't have the
equivalent of the Pelican Bay Services Division in the Vineyards. They have a CDD Bond that
pays for infrastructure improvements, the Master Homeowner Association provides some of the
services that we provide in Pelican Bay and the County contributes to the maintenance of
Vineyards Boulevard. Because they are a private organization, they have the right to tell Mrs.
Smith it is none of your business as to how much is contributed and they chose to do that. We
do know that the County is spending money on Vineyards Boulevard.
FISCAL YEAR 2006 CAPITAL FUND FORECAST
REVISED FISCAL YEAR 2007 CAPITAL PROGRAMS
REVIEW OF FISCAL YEAR 2007 PRELIMINARY BUDGET
Mr. Sutphin stated, "I Would like to cover the forecasted spending for the balance of the
year and take a first look at what the assessment looks like for Fiscal Year 2007". This is a
revision of the Capital Spending Forecast that was presented at last month's meeting; some of
the numbers have been moved around, but we are going to accomplish everything that is in the
budget and some things that are not in the budget, such as the Oakmont Lake Wall Replacement.
The bids are in and they came in below estimate. Mr. Lukasz, is that going to be completed this
fiscal year?
Mr. Lukasz replied, "Yes".
Mr. Sutphin stated, "Hopefully it will be several more years before we hear about
Oakmont Lake again".
Mr. Sutphin stated, "As it appears, prior to the comments on the East of Berm Project,
Capital Spending was planned to be quite low for next year". Mr. Domenie, I can only ask if you
are considering making a considerable capital expenditure east of the berm for Fiscal Year 2007,
we need to get a number to Ms, Jean Smith quickly. This Board should approve the Fiscal Year
2007 Budget at the June Meeting, is that correct?
Ms. Jean Smith replied, "Yes".
Mr. Sutphin stated, "That gives us May for a preliminary review and approval of the
budget in June".
6433
Pelican Bay Services Division Board
April 5, 2006
1611
Mr. Domenie asked, "Are you talking only east of the berm for the $200,000"?
Mr. Sutphin replied, "The $200,000 is for a co ltinuation of what is currently in process". If
that covers it, then that is fine.
Mr. Domenie stated, "My question is, does that cover east, or east and west, of the
berm"?
Mr. Sutphin replied, "No, that is east of the berm".
Mr. Lukasz stated, "Originally, we had bud{;eted $200,000 for Systems III and IV, of
which $50,000 has been spent". There is $150,00) remaining and we have $100,000 from
Systems I and II, which is the south berm, which woul( give us $450,000 for the project. There is
$250,000 in place and $200,000 is in the proposed bu( iget.
Mr. Domenie stated, "So you might say that $250,000 is for west of the berm".
Mr. Lukasz replied, "Everything is east of the b 3rm".
Mr. Domenie stated, "That sounds like an awfu lot of money".
Mr. Sutphin stated, 'We are not showing any Ci Irry over of this in the budget, are we"?
Mr. Lukasz replied, "That money is in a proje ;t". Last year we had money in there for
Systems '" and IV and it is still there for that project.
Mr. Sutphin asked, 'What you are saying is, tt at even though it is showing on this chart
as being expended this year, it will in fact carryover"?
Mr. Lukasz replied, "A carryover dedicated to t~ at project".
Mr. Sutphin asked, "Are you are saying that i~ enough for the new vision of the east of
berm"?
Mr. Lukasz replied, "I would want to review t a little further based on this morning's
meeting, but I would think it would be close".
Mr. Sutphin stated, "The other consideration th,3t I would like to mention is that if we are
looking at increased maintenance expenses, I don't tt ink the Board is going to object unless it
becomes an expense that far exceeds anything that has been envisioned". They need to be put
into the budget numbers that Ms. Jean Smith has, so tt at at a minimum, we can look at those at
6434
Pelican Bay Services Division Board
April 5, 2006
1611
the May Meeting. We need the detail on that spending because it is new spending, over and
above the scope of services that this Board approved in the February timeframe.
Mr. Sutphin stated, "Based on the current forecast, we are going to under spend the
budget by approximately $200,000". Ms. Jean Smith says that is not true, but they are her
numbers.
Ms. Jean Smith stated, "Last year you approved $60,000 for Public Relations". We were
going to send the newsletter out quarterly, which was not done.
Mr. Sutphin stated, "I am not complaining". We have an operating hard spot of
approximately $200,000.
Mrs. Jean Smith stated, "You also had $36,000 included for a special assessment".
Mr. Sutphin stated, "I would expect that a portion of that is going to get eaten up by this
new maintenance activity for east of berm". If we have some carryover, that won't be all bad.
Ms. Jean Smith asked, "Do you want to make a transfer"?
Mr. Sutphin replied, "At our next meeting, let's address what we are looking at in terms of
spending". The projected assessment is pretty high for next year.
Ms. Jean Smith stated, "I don't think it is high". You can't look at this year. If you look at
your sheet at what the assessment was in previous years, it was a lot higher.
Mr. Sutphin stated, "This is a historical chart of what the assessments have been and the
big number is the Non-ad valorem Assessment, which peaked in 2005 at $475.00. It was way
down last year because we spent the Reserves and is now projected to be back up over $400.00.
That includes the rebuilding of what I call "Operating Reserves", not the Uninsured Asset
Reserves, where we are looking at establishing a Line of Credit and a commitment from the
Foundation to support us, if required. This is the normal Operating Reserves for the replacement
of trucks, tractors and other landscaping equipment. In non-governmental agencies, you call that
Depreciation Reserves. Here they are called "Capital Replacement Reserves". That is back in
the budget and if we don't change anything in terms of increasing maintenance costs for east of
berm, that is pretty close to what we are looking at for next year. On the ad valorem side, where
it typically ran $70-$100.00 a year for a combination of street lighting and security, we are looking
6435
Pelican Bay Services Division Board
April 5, 2006
1611
at "$0" for next year. The reason for that is that security spending is gone and the Board made
the decision to change the unspent ad valorem revenues for security remaining in this year's
budget to roll over to pay the street lighting for next year. There will be no Ad valorem Tax from
the Pelican Bay Services Division for Fiscal Year 2007.
Mr. Sutphin continued, "The Board has reviewed and approved the levels of service for
Community Beautification, Clam Bay and Water Management", Ms. Jean Smith is not quite
through tweaking those numbers and they are going to change to some extent. I do believe that,
in total, we are pretty close to what we are going to be looking at for our preliminary review in
May.
Mr. Seidel asked, "I thought the east side of the berm was private property and, therefore,
why are we spending any money on it"?
Mr. Sutphin stated, "I knew someone was going to ask that question and my answer is
that I don't know why",
Mr. Lukasz stated, "It is our water, but their land". We have an easement over their
property.
Mr. Sutphin asked, "Does the plan that was discussed this morning contain any
contribution from Homeowners Associations, or will it be totally funded by the Pelican Bay
Services Division"?
Mr. Lukasz stated, "The Foundation had never gotten any positive feedback from the
condominiums when they approached them a year ago for contributing to that project".
Mr. Sutphin asked, "Are we going to require any additional easements from individual
condominiums"?
Mr. Lukasz replied, "No, we are going to be working within our existing water
management easements".
Mr. Sutphin stated, 'We can clean up to a point and then beyond that, if the condominium
decides it is going to look like a dump, it is going to look like a dump".
Mr. Lukasz replied, "Right, but the new plan pretty much goes to where their landscaping
starts" .
6436
Pelican Bay Services Division Board
April 5, 2006
1611
Mr. Burke stated, ''There are still some details and whether or not we are even going to
do it, to be discussed by the Clam Bay Committee".
Mr. Spanier stated, "There are ways where some of the assessment that flows through
here could be defrayed and placed in the Foundation's back yard".
Mr. Sutphin replied, "From the standpoint of our constituents, the residents of Pelican
Bay, I don't think they care if it comes as a Non-ad valorem Assessment from us or an increased
assessment from the Foundation, as long as there is an understanding as to why the money is
being spent and what it is being spent on.
Mr. Spanier stated, "That is not quite correct". I think that everybody looks at their tax bill
and says look at what it is costing us to maintain the Pelican Bay Services Division and what do
they do, everything is done by the Foundation. The probability of making that clear in the minds
of our residents is small. What counts, is the very imaginable philosophy that you are now
implementing at the County of fare sharing, People understand that. If money is coming out of
County General Revenues, instead of out of assessments that we lay on the residents, people
understand that quickly.
Mr. Carroll stated, "If there was a way to take the amount of money that the Pelican Bay
Services Division charges and add that to the Foundation charges, that is what we are all paying",
I don't think most people put those two numbers together to see what it is that is funding all of the
projects in Pelican Bay.
Mr. Sutphin stated, "Unquestionably, there is a lack of understanding on the part of the
average resident of this community as to what the Pelican Bay Services Division is and what it
does". The reality is that 20% of our landscaping costs are to maintain Foundation property,
simply because we have the capability to do it and we have done it for years, That is probably
not well understood by the average resident. I think there is a communication and education task
that I don't know the difficulty of, It is a very difficult thing to get this across and people have short
memories.
Mr. Spanier stated, "There is something to be said for the strategy that is being talked
about" .
6437
Pelican Bay Services Division Board
April 5, 2006
1611
Mr. Domenie stated, "I would challenge anyone to look at their tax bill and find where the
Pelican Bay Services Division's charges are located".
Mr. laizzo replied, "It is very obvious; it shows up as a line item on the tax bill".
RED FLAG/GREEN FLAG
Mr. Lukasz stated, "Approximately two years ago, the Board approved funding to relocate
the driveway into the maintenance facility". At that time the estimate for the work was $60,000,
which was going to be split $25,000 from Pelican Bay Services, $25,000 from the golf course and
$10,000 from the Wastewater Utility Department. The present estimates that are coming in to do
that work are now approximately $100,000. Most of that is based on the increased costs of gas
and oil. In addition to that, there has been some reallocation of the use of some of the facilities
that Wastewater was using at the site. Because of the change in funding requirements and the
reallocation of those facilities, we wanted to bring this back to you for review.
Mr. Burke asked, "Originally, did one of the parties bow out of taking part in this project"?
Mr. Lukasz stated, "It was delayed because it took a while to confirm that Utilities would
contribute the $10,000". By the time we got the engineering drawings done we experienced the
hurricane and we are now just getting receiving the estimates.
Mr. Burke stated, "Is this something that needs to be done"? Is it a safety issue?
Mr. Lukasz replied, "It was a safety issue". You have entry on two sides of the golf
course maintenance facility and one area has a very steep drive and is the staging area for the
maintenance of the golf course. The golf course employee's vehicles are parked adjacent to that
driveway. The easement to put the driveway in place was done back in the 1980's.
Mr. Burke asked, "Are you saying we need to do something about this"?
Mr. Lukasz replied, "We are talking about an increase in cost from $60,000 to $100,000".
From what I understand, Utilities will kick in anywhere from $2,000-$5,000 towards that increase,
so you are talking about receiving approximately $15,000 from Utilities and the balance would fall
between The Club and Pelican Bay Services. We also wanted to look at some of the change in
allocation of the facilities. Wastewater has had some operations move out of our facility and they
6438
Pelican Bay Services Division Board
April 5, 2006
16' 1
are in the process of planning to move in their Wastewater Administration staff. We want to take
a look to see how that fits in,
Mr. Domenie asked, "Are you asking the Board to approve this project"?
Mr. Lukasz replied, "No, I just wanted to bring it to your attention as a Red Flag". We
have already talked to the golf course about the increased costs.
Mr. Domenie asked, "Are you planning any work at the moment"?
Mr. Lukasz replied, "Not at the moment".
CAPIT AL PROJECTS
Mr. Lukasz stated, ''The Oakmont retaining wall has gone before the Board of County
Commissioners and the bid was approved, along with the execution of the contracts". We expect
to proceed with the work by the middle of April.
SYSYTEM III AND IV RETENTION AREA IMPROVEMENTS
Mr. Lukasz stated, "This is work east of the berm, which we covered in our meeting this
morning". It will be going to the Clam Bay Committee for their review.
COMMUNITY ISSUES
Mr. Lukasz stated, "I have talked with Transportation and they have copied me with the
correspondence that they have had with FDOT". FDOT in their correspondence back to the
County has indicated that they would be issuing a Notice to Proceed in April.
PELICAN BAY BOULEVARD MICRO-SURFACING
Mr. Lukasz stated, 'Work has started on Pelican Bay Boulevard to seal some of the
cracks, prior to the resurfacing",
Mr. Burke asked, "Has anyone notified the community"?
Mr. Lukasz stated, "Yes, we were contacted with an estimated start date of March 27th
with completion by April 3rd". We had that information posted on the cable channel, but it needs
to be updated since they are a little behind in that work.
Mrs. Barbara Smith stated, ''The cable channel update has been requested".
6439
Pelican Bay Services Division Board
April 5, 2006
1611
Mr. Burke stated, "I received a phone call from one of Mr. Sutphin's neighbors asking if I
had seen what they are doing to the streets". I said yes, they are resurfacing. He said they are
putting little black lines on the road; they are not going to leave it like that are they?
HURRICANE WILMA STORM DAMAGE
HURRICANE CHARLEY STORM DAMAGE
Mr. Lukasz stated, 'The last two slides are the Hurricane Reports. They are not really
updates and are the same slides that you have seen during previous months. We have received
no news from FEMA with regard to Hurricane Charley or Wilma funds.
Mr. Domenie asked, "Do those figures show up as income, or have we made any
provision for receiving those funds in our budget"?
Mr. Lukasz replied, "No".
Mr. Domenie stated, "Before the meeting, I had asked Mr. Lukasz about the areas where
trees had been lost along Pelican Bay Boulevard and there are still patches without grass". I
understand that you are going to put sod in those areas until we decide whether or not to plant
trees.
Mr. Lukasz stated, "I have had a couple of inquiries about those areas, one of which is
located opposite North Pointe Drive, near the Crescent, and also across from Bay Colony where
some Hong Kong Orchids trees were lost". We could do some replanting, within our operating
budget, in those specific areas because they do look bare,
Mr. Sutphin stated, "If you will recall, after Hurricane Wilma the Board decided to wait to
consider any replanting and it was never intended not to replant". At the time, the Board decided
to focus on clean-up and when that was finished, step back and take a look at the situation and
then decide what was desirable to do. I think it would be appropriate to come before the Board
with a proposal. If it is a combination of things that you can include in the maintenance budget,
plus some incremental capital, then the Board will look at it.
COMMITTEE REQUESTS
Mr. Burke stated, "I believe that you are all aware that over the years we have had a
Board Member summarize our meetings and get the information to the Pelican Bay Post". That
6440
Pelican Bay Services Division Board
April 5, 2006
1611
usually entails that the Board Member sit through the meeting taking notes and maybe losing
track of what is going on. Then, quite frequently, when you submit the information, based on
deadlines, that summary may appear after our next Board Meeting. That has occurred a few
times. There may be some different approaches to getting our message out through the Pelican
Bay Post and our Pelican Bay Advisor column, We do post our Minutes on our web page. Also,
there may be a way to relieve anyone Board Member from having to do all of that. One of the
things that I am thinking is that perhaps the Budget Committee; Clam Bay Committee and the
Chair submit pieces to the Pelican Bay Post. I am going to talk to Mr. Petty about how that can
be worked out.
Mr. Sutphin stated, '" wrote that column for a while". I know there is some dissatisfaction
from the Foundation in the timeliness of the Post as a news vehicle. It has to do with the lead
time that is required to get something in print. It is really looking at last month's magazine. By
the time you get the Post and read our section, I sometimes have a hard time remembering the
meeting where this took place. It is not a timely way to get the message out. It would be nice if
the Naples Daily News would print it the next day. There has to be a better way, and now that we
have our former Chairman as a member of the Foundation Board, perhaps this is something he
can look into for us.
Mr. Domenie stated, "My deadline is Monday for this meeting's information to appear in
the May issue".
Mr. Burke stated, "In May the Post goes to one issue a month".
Mr. Burke asked, "Mrs. Hanson you arrived late, do you have any information from the
North Naples Fire District"?
Mrs. Hanson replied, "At a meeting a couple of months ago, the District decided to set
aside $1,000,000 for affordable/gap housing". We are trying to be on the forefront with this in our
community and we have some legislation being changed so that this can be accomplished. I am
hoping that others will get aboard and try to set aside money for this effort.
Mr. Connell asked, 'Would this be to accommodate your own people"?
6441
Pelican Bay Services Division Board
April 5, 2006
1611
Mrs. Hanson replied, "Not necessarily, this would be to accommodate workforce people",
I am primarily talking about gap housing.
Mr. Spanier asked, "In connection with that initiative, is the Fire District, like the Sheriff
and Clerk of Court, prohibited from owning land or can the Fire District acquire and own land"?
Mrs. Hanson replied, 'We can definitely own land and we are buying land as we speak".
We are going to be looking at plans for Station #8 at our meeting next week. As most of you
know, it takes approximately eighteen months at the Army Corps of Engineers level before you
can proceed. Station #8 will be located on Livingston Road, just south of the main entrance to
Mediterra.
Mr. Spanier stated, ''The reason I asked, is that one of the notions that is being discussed
in connection with gap and affordable housing, is to use some of the underutilized land that was
acquired for other purposes or for future purposes, as acreage on which the housing might be
built". If there is, within the ownership of the Fire District, those sites might be reviewed carefully
as a possible start to your program.
Mrs. Hanson replied, "You are absolutely right and we are looking at property as we
speak".
Mr. Burke stated, "I know you were at St. Williams on Sunday afternoon and that
whatever St. Williams is doing is conceptual". They need to get more seating in the church to
accommodate the seasonal influx, which is huge. The rest of the year they do not need a larger
church. Everything is conceptual and they have been to the County to have the permitting
process explained to them. They have nothing to apply for yet. They have a conceptual parking
plan for approximately 400 more parking spaces on their own grounds. This is quite a ways off.
It is not going to bring any more church goers on Sunday; it is just going to take care of what they
have. Do you agree?
Mrs. Hanson replied, "They were not able to tell us the square footage involved, or even
provide an estimate of costs". My feeling is to hold an extra mass or two and to have
microphones installed for people to be in the church hall and still be able to hear. Just do some
6442
Pelican Bay Services Division Board
April 5, 2006
1611
redecorating and keep the church as it presently is. They would have to do a number of things to
satisfy our Fire Marshall, J do know that.
ADJOURN
There being no further business the meeting adjourned at 4:35 PM.
James Burke, Chairman
6443
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CLAM BAY COMMITTEE
MINUTES - April 13" 2006
Naples, Florida
LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division
Board met in Regular Session on this date, April 13, 2006 at 2:30 P.M. at The Hammock Oak
Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present:
Mr. John Domenie, Chairman
Mr. James Burke
Mr. Donald Span ier
ALSO PRESENT: Six (6) Pelican Bay residents; Mr. John Petty, Division Administrator, Pelican
Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services
Division; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division and Mrs. Barbara
Smith, Recording Secretary
AGENDA
1. Roll Call
2. Approval of Minutes of the March 22, 2006 Meeting
3. Audience Participation
4. East of Berm Program
5. Clam Pass Dredging
6. Fiscal Year 2007 Budget
7. Committee Requests
8. Adjourn
ROLL CALL
Mr. Domenie called the meeting to order and asked that the record reflect all members
present.
Mr. Domenie stated, "First, I would like to congratulate Jim Burke for having been elected
as Chairman of the Board of the Pelican Bay Services Division". Secondly, I would like to thank
him for having agreed to continue to serve on the Clam Bay Committee, where I have had the
opportunity of observing the results of his efforts. Thanks Jim.
It is also great to have Don Spanier back with his experience and county contacts and we
hope to welcome David Nordhoff as an official member after the next Board Meeting.
APPROVAL OF MINUTES OF THE MARCH 22.2006 MEETING
Misc. Corres:
Date:
ltem#:JlDJ: t fb~
607
Copies to:
Clam Bay Committee
April 13, 2006
1611
Mr. Burke moved, seconded by Mr. Spanier and approved
unanimously the Minutes of the March 22, 2006 Meeting.
AUDIENCE COMMENTS
Mr. Sutphin stated, "Mr. Spanier, unrelated to this Committee, but is there any change in
the situation regarding the parking garage at Waterside Shops"?
Mr. Spanier replied, "Not yet". I am hoping to schedule a meeting for this coming week.
Mr. Sutphin stated, "I am sure that everyone saw the announcement in today's
newspaper of the new mega shopping complex coming to our area and I am sure Nordstrom's
has another home if these issues cannot be resolved". If I were the Forbes Company I would be
very concerned at this point. The new center does not have neighbors directly adjacent that are
going to be a source of agitation. The developers will be able to do anything they want. The
developer is Lutgert Companies; they know Naples and live here and I am sure that it will be
done in excellent taste.
Mr. Spanier replied, "Your remarks are well taken and the information will flow back to the
Board as quickly as the meeting has been set up".
Mr. Domenie stated, "I believe they are very much aware of it". The new site is fifty-three
acres and will have an entrance on Vanderbilt Beach Road and U.S. 41". The very preliminary
drawings look very interesting, but of course, so did the other.
Mr. Domenie read the following, for the Record. The following is a complete copy,
verbatim, of Mr. Domenie's script that he read into the Record.
"The Services Division, as we know, has various responsibilities; and among these are
the mangroves, Clam Pass and the storm water management - all of these related by a common
element: that is water.
The system is working due to the constant attention it receives from the administrator, the
field manager, the employees and this board.
608
Clam Bay Committee
April 13, 2006
1611
The storm water management responsibilities include the maintenance of the ponds,
lakes, weirs, culverts, fountains and the actual retention areas. In addition, the Club at Pelican
Bay controls a major water retention area.
The area east of the berm is also a major retention area. Retention areas prevent rain
water from flooding the mangroves by releasing water over a period of time. and may also act as
filters for pesticides. insecticides and fertilizers which may flow into the area, thus releasing the
stress on the mangroves,
The Services Division is on the road to success in eradicating the cat-tails west of the
berm, planting native vegetation, and providing an environment for new mangroves and fauna to
emerge.
We now have the possibility of turning our attention to the storm water management
areas east of the berm, where we have seen the invasion by exotic Brazilian Peppers and the
invasive Willows. If we do not address this problem, we may soon see these species overpower
all other native vegetation and the possibility of them crossing the berm and invading the
mangroves west of the berm - a very undesirable prospect. We already have evidence of
Brazilian Peppers growing west of the berm in various places. Is this what we want?
It is absolutely essential that everyone understands clearly that we are not embarking on
a wholesale landscaping of the area east of the berm. This is neither our intent nor our goal. Our
goal however is to bring this area back to its orioinal state, (as we have done in the mangrove
preserve), by removing exotics and invasive plants and promoting the growth of native
vegetation.
A sample of this work is evident in the area to the south of the Montenero adjacent to the
Claridge.
In some areas the removal of Willows and removal of dead Brazilian Peppers will leave
temporary small open scars on the land, but as was done just south of station 8 to the west of the
berm, native vegetation will be introduced. Unfortunately some of the work will be most evident
along the waterway adjacent to the east side of the berm, as Willows have really spread fast
here.
609
Clam Bay Committee
April 13, 2006
1611
This work is being proposed based on a recommendation by the "East of the Berm
Committee" consisting of members of the Foundation and the Services Division. Kyle Kinney has
informed me that the Board of the Foundation is slated to meet later this month to put their final
stamp of approval on it. It should be recorded that in the past the Foundation has had meetings
with some of the high rises along this area to explain the purpose of this project, and have not
met with any opposition.
I would again like to emphasize that this is not a grooming or enhancing project - the
goal is to bring the area back to its original state and to prevent the introduction of exotic or
invasive material into the mangrove preserve."
Mr. Domenie continued, "I wanted to get that read into the record so that everybody
understands the basic reasons we are doing this work".
Mr. Spanier stated, "I would like to make a suggestion and possibly a motion following
that". I think it would be highly desirable if we would formally request that the Foundation Board,
following their stamp of approval on this project and focusing the objective, which is not the
beautification and change, that the Foundation Board or it's Chair, whichever is appropriate,
address a letter to the President of each of the condominium associations fronting on that area,
stating the Foundation's policy and participation with respect to the restoration. If you feel it is
appropriate, I will make that as a Resolution to be passed to our Board and then on to the
Foundation.
Mr. Burke replied, "I think it makes sense". In our meeting, it struck me that they were
very much in support of this program.
Mr. Domenie stated, "You would understand it better than I because I was not present at
the meeting". I received the information second hand from Mr. Lukasz.
Mr. Petty stated, "The position of the Foundation on this project is very strong".
Formalizing it through a process may be more than what you want to do. Working with them and
giving some type of validation is worthwhile. I don't know that the Division wants to start a policy
whereby before we work in our water management areas that we would get the Foundation to
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approve, because we have responsibilities and can't wait.
Even if they would not approve it, we
still have responsibilities. I understand where you would want to validate this project.
Mr. Petty continued, "Another consideration you may want to bring into this process, as
well, because I think you have the residents who are looking at the berm and our resources in the
same manner as we are". They are cautious with any program that affects that resource,
including ours. When we talk about replanting, that is going to get a lot of people's attention,
because that was the issue in the past. We are talking about taking out some of the invasive
willows that are crowding out some of the natural species from going back to its savannah style.
When it comes to the plants, maybe that is where we can talk with these residents who are trying
to protect the resources, as we are, and bring a list of natural plants back to this Committee. We
could get their participation in that manner. Certainly, we look to the Foundation for their stamp of
approval for the project.
Mr. Spanier stated, "Let me just clarify what I thought I had said, but apparently did not".
I am not suggesting that we seek the stamp of approval from the Foundation. I am suggesting
this, because I share your concern about the voice of the residents and I believe it is articulated
through their condominium associations and then the Foundation. I think you correctly anticipate
that whatever feedback we get, will be from members and residents of the condominiums. I,
therefore, think an important step, and this is the first I heard of a meeting of an East of The Berm
Committee, there is apparently a Committee in existence that is a joint committee of the
Foundation and our organization. I, therefore, think it would be appropriate for the Foundation to
speak to its' constituent condominium associations along the berm, clarifying the fact that this is
not merely a unilateral action by the Pelican Bay Services Division, but a jointly supported policy
and that the Foundation is urging its constituent associations to cooperate fully in the restoration
of this area. I think that is a prudent anticipation and, hopefully, pre-emption of what otherwise
might be misunderstood.
Mr. Burke stated, "I believe that if Mr. Domenie uses that as an article in the Pelican Bay
Post, explaining that to the public would help".
Mr. Petty stated, "Clarification to the public in some way, shape or form makes sense".
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Mr. Burke stated, "The Foundation should also do some sort of article supporting this
project, along with a mailing to those associations".
Mr. Spanier asked, "Is this East of Berm Committee a standing committee"?
Mr. Burke replied, "It goes back two or three years". It was active prior to annexation and
when annexation heated up, it ceased to function.
Mr. Spanier asked, 'Who are the members of the Committee and who calls the
meetings"?
Mr. Burke replied, "I was on the Committee, but Mr. Domenie will now be taking my
place".
Mr. Petty stated, "I was placed on this Committee by Mr. Carroll". This is not an action
Committee, but is strictly for making recommendations to the Board and they do not make
decisions, so there is no head or Chair, it is a group made up of staff and members of the
Foundation. I believe that Mr. Carroll was the only Board Member on the Committee at the time.
It is a delegation that gathers information more than a decision making group.
Mr. Domenie asked, "Do you want to go into the financials now"?
Mr. Petty replied, "In your package is a graphic and summary explanation". I am going to
refer to the graphic first. This is nothing more than a diagram of the waterway next to the berm.
Basically, it shows the water retention areas that we will work with along the berm. We refer to
these as Berms I, II, III and IV. We will start in the middle and work toward both ends. The
reason for that is that is where the experiment is going and it would be good to continue on.
Secondly, on either end we get to areas that were already enhanced by the property owners in
that area. The Naples Grande Resort has spent a considerable amount of money cleaning up
their retention area and they placed some ornamentals in there and made it appear somewhat
like a Hawaiian luau. We would probably want to change that and bring it back to a more natural
setting. Working in the middle, we should get most people's attention and more impact for the
dollars spent. We want to carry this out over a two year period, to try to keep the budget costs
down. Total cost, as it shows in your summary, is approximately $650,000. We currently have
approximately $250,000 that we have already collected for this work. We are looking to keep the
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April 13, 2006
1611
budget at our previous level, or approximately $200,000 a year for this coming budget. That is
what we would ask you to approve. In Fiscal Year 2008 we would ask for another $200,000 to
finish the project. Construction will take place between now and the end of next fiscal year. By
September 30, 2007, we would hope to have completed approximately two-thirds (2/3) of the
work.
Mr. Domenie stated, "You don't show that $600,000 anywhere". You only show what is
proposed for Fiscal Year 2007.
Mr. Petty replied, "It is not shown in the total budget numbers because we don't have the
third year out there". That is why I wanted you to know that the cost is going to end up being
$600,000. Those costs are based on current quotes that have been bid by the County on this
type of work and by the surface area itself. This is a fairly tight estimate. We are sensitive to the
request of the resident at the last Budget Committee Meeting who asked for careful consideration
of any increased budget items this year. After Hurricane Wilma hit us last year, a lot of our
residents are being hit with higher assessments from their condominiums, hikes in insurance
rates, and of course, repair work that they have had to make. This is not the best year to try for
an increase and we are trying to stay at last year's levels in all categories, as much as possible.
This is a project that we feel we could do over multiple years.
Mr. Domenie stated, "Outline areas I, II and III".
Mr. Petty stated, "There are berms I, II, III and IV". System I runs from the Naples
Grande Resort up to the Boardwalk leading to the beach. From the Boardwalk to the tram
station is System II. At the north end where you get on the berm is System III. At the north end is
System IV that works down to the Boardwalk where it goes to the beach. That is how the Water
Management District refers to the Systems. The blue prints have been written up that way and
that is how they have been maintained. The water retention areas are set up that way and also
why the swale is the divider. We will start in the middle at Systems II and III and work out, getting
to the areas that people basically take to the tram. The ends will be completed the following fiscal
year.
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1611
Mr. Petty continued, "Clearing out the willows is going to be fairly straight forward". As
was mentioned, once we remove the willows and have sunlight back to the floor again, we are
going to have open areas that may be somewhat of a shock value. That is why there are dollars
in this budget for bringing back native plants. Again, the list of approved native plants that we
allow in the area is subject to this Committee and input from the public. Currently we are looking
at very straight forward existing native plant replacements such as Leather Fern and Sabal
Palms. In some areas where we have a heavy infestation you will not remove the material
because it becomes too costly and damaging to drag it out, so you leave it there and it will rot in
about four years. In the meantime the roosting birds and woodpeckers will make use of it.
Mr. Sutphin stated, "You have mentioned getting the condominium associations on
board". Is this to get concurrence that the project is okay, or to get active financial participation?
Mr. Domenie replied, "No, the general opinion is that the individual high rises would not
agree to put up any money". It is just agreed that we would do it.
Mr. Burke stated, ''That they agree not to fight it and object".
Mr. Tom Cravens stated, "I am a Conservancy Volunteer and I lead nature walks in Clam
Pass and I am a Florida Master Naturalist". I would raise the question, as to specifically why you
wish to remove the willows. The willows are a native species. Rather than call it aggressive, I
would refer to it as a pioneering species. They have a mat-like root system which protects from
erosion. They also have the ability to defoliate in time of drought. This enables them to recover
their foliage rapidly when they are subjected to a hurricane and they provide habitat for a wide
range of bird species. I would suggest that the willow, although some people may consider them
aesthetically offensive, are environmentally desirable in that area. They are not exotics, they are
a native species and I would call them a pioneering species and not invasive. Could someone
please explain to me why we want to remove the willows?
Mr. Petty replied, "I agree with almost everything that was said". The willow is certainly
not in the same class as the Brazilian Pepper. The worst thing you could call the willow is
opportunistic. We are looking at this area before and after construction. The willows came in
after construction and the soil was disturbed. We are looking at trying to get back to what was
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April 13, 2006
1611
there before construction, which was more of the Leather Ferns and palms. We have nothing in
particular against willows and we have had discussions at staff level of why don't we keep some
of them. It comes down to what the residents and condominium managers have asked us to do
over the past couple of years. There has been windblown debris from the dumpsters and
facilities that are going into these protected water management areas. The landscapers do not
know what to do in these areas and they can trudge back in there and do more harm than
anything else. We have always looked at it from the water management perspective, in that we
need "X" volume for the water and the plants were secondary. Now, that we have had time to
test the system and we don't need to change anything, we are going back to address the plants.
With that request of how do we take care of trash or construction materials that have been in
there since day one, we are finding that we can't recommend that a commercial landscaper go
back into those areas. We don't want them back in there. There are only a few people that we
have that are trained enough to go into those areas and not cause damage. As this program
would go forward, we would use a certified professional contractor for the first couple of years,
before we would have any of our people, other than Mr. Lukasz, go back in there. The willows as
a species are not under attack here. This is more about bringing that area back to the condition
that it was pre-construction, to be a more harmonious system along that berm. It is the change
in philosophy of telling the condominium owners that they were responsible for maintaining the
retention areas that we mandated that they must have, to a philosophy that the Division now
maintains those areas according to certain standards and defining those standards.
Mr. Burke asked, "Is some of that unsightliness dead willow?
Mr. Petty replied, "It might be damaged willow from the hurricane". There is no tree that
is considered hurricane break proof. The willow is a soft wood and is easily pushed around.
Also, as Mr. Cravens said, they grow back quickly.
Mr. Burke asked, "So that I understand the money, we are sitting on $200,000, is that
correct?
Mr. Petty replied, "Yes that has already been approved for a program that included all of
the retention areas, back to approximately 50'-75' from the berm". We are saying that if you are
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April 13, 2006
1611
going to do this, you should do it for all of the areas that you are responsible for. It should be a
practice adopted by the Board and not a one time Capital Project.
Mr. Burke stated, 'We budgeted $88,400 for this year, so in effect, we have $288,000".
Mr. Petty replied, "Yes, but with an expense of approximately $50,000, so we have
approximately $250,000 remaining".
Mr. Domenie stated, "We are talking of including $200,000 additional for next year".
Mr. Petty replied, "Yes, a full year's funding".
Mr. Domenie stated, "Plus a carryover".
Mr. Petty replied, "Yes and if the approval goes well, we may want to start the project
before the end of this year". We are looking for this to be something that all of the residents can
follow through with. At the end of the day, we want this to be a very proud look for Pelican Bay.
Mr. Sutphin asked, "I understand the Capital implications, but are we creating a level of
service, ongoing, to maintain these areas that will start in Fiscal Year 2007 and needs to be
included as Operating"? I am more concerned with that aspect of it at this point, than I am of the
Capital funding. That has to be done in the next thirty days or we are not going to get the chance
to do it.
Mr. Petty replied, "Yes we are considering a line item for operating and management
additions, which I believe is the basis of the concern". We do have a line item in the handout
showing that the water management operations funding requirement for doing such a program
would be approximately $110,000 a year. I will let Mr. Lukasz explain that, but I believe that it is a
twice monthly program by a certified contractor doing the debris clean up and any exotic
maintenance on all berms.
Mr. Domenie stated, "Originally we were talking about $75,000".
Mr. Lukasz stated, "There is $56,000 in the current budget that we budget each year for
exotic management". This would be an additional $54,000 for a total of $110,000.
Mr. Petty stated, 'This corresponds with the increase in area that we are considering".
Mr. Domenie asked, "Since we will not have completed the project until the end of 2007,
the total $100,000 will fall in Fiscal Year 2008"?
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Clam Bay Committee
April 13, 2006
Mr. Petty stated, "The difference is gong to be one-half of what you see up there". The
$110,000 is the estimate for maintaining all four berms at completion. In the first year, your
existing budget is going to be fine. After construction ends, you will start spending the other half.
When you finish the second year of Capital Improvements. you would start incurring the entire
amount. We are trying to show you total impact, on an Operating and Maintenance Budget,
where the expenses will not be at this level the first year. The expenses will possibly not be at
this level until year three.
Mr. Burke stated, "For all practical purposes, we are built out". Those of us, who
remember the early days, could walk the berm and never see any debris. I think everyone works
very hard to keep that area clean. The other day we saw a teenager with a piece of paper throw
it off of the tram. I was at the north end by the St. Raphael at low tide and I saw two empty soda
bottles and some people on the back of a tram throw out a bag of trash. With the influx of people,
there is a whole lot more trash appearing than there used to be. In this respect I think this is
timely.
Mr. Petty stated, "You can be on the tram and the wind can grab something and blow it
away". The last thing we want is our visitors trying to maneuver up and down the slopes of the
berm.
Mr. Burke stated, 'When you get the influx of young people over the holidays, they tend
to get a little frisky and you see them wadding things up and throwing them at each other and
bouncing plastic bottles off of each other's heads". I think this is a timely project.
Mr. Domenle stated, "The $100,000 you are talking about is only for east of the berm".
You are not talking about doing anything to the berm. I thought installing aquatic plants was
finished.
Mr. Petty replied, "It basically is". The only thing that we have is a very small amount of
money for putting in Leather Ferns in sporadic places. We are not trying to cover anything and
allow the natural environment to come up. It does cover both sides of the berm.
Mr. Domenie asked, "Are we bringing in more backhoes to do work"?
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Clam Bay Committee
April 13, 2006
1611
Mr. Petty replied, "No, that work is complete". I am referr,ing to the maintenance because
we would want to maintain the conditions that we are striving for on both sides.
Mr. Domenie stated, "Can you tie in the $378,000 figure for next year, with the other
figures"?
Mr. Lukasz stated, "Are you talking about the East of Berm Project"?
Mr. Domenie replied, "I am talking about how the figures tie together". This is the Budget
for Fiscal Year 2007.
Ms. Jean Smith stated, "That is the Clam Bay Budget".
Mr. Lukasz stated. "That would have nothing included, because the East of the Berm
Project is strictly water management". The money that has been reserved for the East of Berm
Project is sitting in a project that will move forward.
Mr. Spanier asked, "Does this contemplate the number of positions on your staffing
roster"?
Mr. Lukasz replied, "No, we will handle the maintenance through a contractor".
Mr. Spanier asked, "Is that the best decision"?
Mr. Lukasz replied, "At some point we may switch". It is a funding requirement and is
approximately the same when you add the additional people and figure in the benefits.
Mr. Petty stated, "This is a change". You try to keep as many options before you as you
can. Once it becomes a fixed operation and we know what it is going to be each and every year
that is the time to get employees. Once you get employees, trying to get rid of them is a pain.
The contractor leaves that door open for modification of the service levels up or down.
Mr. Domenie asked, 'Was it last year that we got approval from the County to use more
overtime than use additional people"?
Mr. Petty replied, "Yes, in certain areas". Mr. Lukasz has up to ten temporary people
working for him at anyone time.
Mr. Domenie asked, 'What do you want from this Committee at this time"?
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Clam Bay Committee
April 13, 2006
16 \ 1
Mr. Petty replied, "For the Committee to consider approving the dollars as stated to you in
the summary, so that they can be presented to the Budget Committee at their meeting for the
consideration for inclusion the proposed budget".
Mr. Burke stated, "The Budget Committee Meeting is scheduled for about five minutes
from now".
Mr. Burke stated, 'What amount of money do we have to ask to be included in the
budget"?
Mr. Petty replied, "$200,000".
Mr. Domenie stated, ''That is Capital".
Mr. Petty replied, "Yes, we don't expect the Operations and Maintenance to go up
because we are going to be under construction most of that year".
Mr. Domenie stated, "Is most of the work going to be done during the dry season"?
Mr. Petty replied, "If I were the person cutting that down, it would be definitely during the
dry season". We don't want them in there when we are getting four inches of rain a day, because
those areas are going to be really tough to work in and we don't want the contractor tramping
down Leather Ferns that might be submerged. We will try to do this during times when you can
see most of the material.
Mr. Domenie asked, 'Do we also have to approve the Operating Budget"?
Mr. Petty replied, "Yes".
Mr. Burke moved, seconded by Mr. Spanier and approved
unanimously to recommend the inclusion of $200,000 in the
Fiscal Year 2007 Budget for the East of Berm Project.
------ ------ ~- - - ~------ --- ------ --- --- - ------~
Mrs. Potter stated, "I am somewhat confused as to the extent of this work". I am quoting
our Manager that this project does cover both sides of the berm. I am wondering what you are
planning on doing with the west side of the berm; the berm that is next to the mangroves? I know
you said that you want to clean it up and take the trash out.
Mr. Petty replied, "Trash removal; no plant removal".
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Clam Bay Committee
April 13, 2006
1611
Mrs. Potter replied, "Thank you; that will help a great deal when we talk about this". We
are done with that side of the Capital Projects and we have no capital intentions for removing
anything more on the west side of the berm, it is for maintenance and exotic species control.
Mr. Cravens asked, "You did say exotic species control"?
Mr. Petty replied, "Yes".
Mr. Cravens stated, "There is much Brazilian Pepper on the west side of the berm".
Mr. Petty replied, "Yes, we want to target that".
Mr. Domenie asked, "Do we have any money left to do some planting west of the berm, if
that should be desirable"?
Mr. Petty replied, "Yes, for such things as Leather Fern and Bacopia".
Mr. Domenie asked, "Does anyone else have any suggestions or ideas"?
Mr. Sutphin stated, "I have a comment for the Committee and is something that I think the
Board is going to need to deal with in the future". I am seeing requests, starting post hurricane, to
go in and clean up the mangrove preserve, other than what we are doing to the berms and
boardwalks. I just received the results from the Foundation on the comments that were made on
the limited survey that was conducted by the Foundation at the end of their Annual Meeting. I
have not really had a chance to get into it, but I think what this Board is going to have to decide is
what their long term position is regarding the interior of the mangrove preserve. Is it a preserve
where nature rules, or is it a manicured tropical park? I think it is the former and I think you are
going to be facing increasing pressure to spend money in there because people look down from
their condominiums and they don't like the way it appears.
Mr. Domenie replied, "I believe what was decided was that we would do much more
damage if we went in and tried to drag the logs out".
Mr. Sutphin replied, "I agree with you, but it is coming". I see residents asking for it. You
heard the gentleman from Bay Colony at our last meeting who wanted us to pay to go in and
clean up his views.
Mr. Domenie asked, 'Will the Foundation share those comments with us"?
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Clam Bay Committee
April 13, 2006
Mr. Sutphin stated, "I have the entire document in PDF format". I just received it this
morning and have not had a chance to read it, but I will forward it to Mrs. Barbara Smith to put out
as part of the Board package in advance of our May meeting. My comments were only rhetorical,
because I believe this Board is going to be hit with it in the future and I think we need to take the
position that it is a preserve and not a park.
Mr. Burke stated, "Maybe it would be good to take the offensive and let the public know
that".
Mr. Sutphin replied, "I agree".
Mr. Burke stated, "At the last East of The Berm Meeting, Mr. Seblatnigg brought in
supportive comments from the survey to support this project". He thought, based on the
comments he had, it made a lot of sense and we were not addressing the Clam Bay interior.
Mr. Cravens stated, "Dr. Win Everham, who is the Chair of the Environmental Sciences
program at Florida Gulf Coast University, took a walk through our mangroves". His specialty is
the recovery of forests after manmade and natural disasters. He indicated that definitely none of
the debris should be removed as it functions as a slow release of nutrients. He indicated that the
best thing to do would be to leave it there and not to remove it.
Mr. Petty stated, "If you wish to be proactive, it does follow what we have been
discussing of communicating with the residents and possibly should be a project of staff to bring
to the next Committee meeting in communicating the positives in some format for you to consider
at your next meeting.
Mr. Burke stated, "If we move forward with our next mailing, or however we are going to
distribute it, we could put our position in there".
Mr. Petty stated, "I will bring it to you as a sole item". You can't just do this once; this has
to be a series. Let's have one that is all about the mangroves and we can summarize it in other
newsletters and communications.
Mr. Burke stated, "If we go to the public with our position of why we are doing it and
quoting people such as Dr. Everham, that would carry some weight and people would understand
why we are not going in there".
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Clam Bay Committee
April 13, 2006
1611
Mrs. Potter stated, "May I say that our ten year plan prohibits us from going in and taking
everything out". We have specific outlines and requirements, which this County and every
environmental agency in this country signed off on.
Mr. Domenie asked, "May I quote you in the article"?
Mr. Burke stated, "Mr. Sutphin's point is that there are going to be some vocal people
when it comes to this project".
Mr. Lukas stated, "The Clam Bay Budget Summaries are on the screen". One is the
improvement program.
Mr. Petty asked, "In an effort to save time, Mr. Lukasz, are these numbers at the same
levels that they were last year"?
Mr. Lukasz stated, "The engineering consultant services were previously budgeted at
$80,000". We generally don't spend those funds, but it gives us funds available if we do run into
a problem in Clam Bay, to be able to investigate and make some improvement if necessary.
Mr. Domenie stated, "It is basically the same as last year, except for beach
renourishment" .
Mr. Lukasz stated, "Yes". West of the berm will drop a little.
Mr. Lukasz stated. "Most of the numbers in the County's Maintenance Budget are from
the contract that we have in place to perform the monitoring required by permit". Some of the
additional items are the interior channel maintenance, which has been bumped up from $30,000
to $35,000. The other item is that we have $50,000 in the budget for renewal of our permit.
Mr. Domenie asked, 'Who will be responsible to start that process and how will that
proceed"?
Mr. Lukasz replied, "That will be Turrell & Associates and they have been working on it".
Mr. Petty stated, "We would ask that you have a motion on this matter to approve the
budgets"?
Mr. Burke moved, seconded by Mr. Spanier and approved
unanimously to approve the Clam Bay Budget as presented
to the Budget Committee.
----- --- - ~--- - - ------ - -~------ --- --- -- - - -- --- ---
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Clam Bay Committee
April 13, 2006
1611
ADJOURN
There being no further business the meeting adjourned at 3:30 P.M.
John Domenie, Chairman
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Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
May 16, zoo6
AGENDA
L CALL MEETING TO ORDER
ll. ATTENDANCE
m. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: March 21,2006
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Tessie Sillery
1. Confirmation of Millage Rate
B. Meeting with Berkshire Homeowner's Assoc. President -
Darryl Richard
VI. LANDSCAPE MAINTENANCE REPORT:
A. Monthly Report - Advanced Lawn
vn. LANDSCAPE ARCHlTECH REPORT: Mike McGee
A. Monthly Report
B. Hazardous Tree Assessment Report
C. Radio Road Curbing
VL OLD BUSINESS:
A. Status of Bus Shelters - Darryl
vu. NEW BUSINESS:
A. Summer Schedule
vm. COMMITTEE MEMBER COMMENTS:
IX. PUBLIC COMMENTS:
x. ADJOURNMENT:
The next meeting will be held at 4:30 PM, June 20, 2006
Collier County Transportation Building/East Conference Room
2885 Boneshoe Drive South
Naples, FL 34104
1611
1611
Radio Road Beautification M.S.T.U.
Advisory Committee
270'5 Horseshoe Drive South
Naples FL 34104
RECEJ\lED
MAY' n .3 20GB
Boaid 01
SUMMARY OF MINUTES & MOTIONS
April 18, 2006
m. & IV. Agenda & Minutes of March 21, 2006 were approved unanimously.
v. Transportation Services Report
A. Budget Report - 2006f07 Budget review
There was a discussion on the millage rate - whether it is .25 or .50. Staff
will research and confirm the correct millage rate.
Dale Lewis moved to accept the 2006f07 Budget. Second by Gloria
Patterson. Carried unanimously 5-0.
VI. Landscape Architech Report
B. Hazardous Tree Assessment Proposal- Darryl & Davey Tree
Service - Davey Tree is a Certified Arborist. He gave a short
presentation and stated the project on Devonshire could start May 1 st
or as soon as the PO is approved.
Dale Lewis moved to accept Davey Tree's quote of 520,250 for
removal of all damaged trees and fertilization on Devonshire for 1
year. Second by Betty Schudel. Carried unanimously 5-0.
Fiala
Halas
Henning
Coyle
Coletta
/
MIec. Correa:
Daa: 5'd3'O&;
Item t:W;::' , b }3
Copies to:
1611
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
April 18. :zoo6
Minutes
L The meeting was called to order by Dale Lewis at 4:32 PM.
a ATTENDANCE
Members: Dale Lewis, Gloria Patterson, Betty Schudel, Bill Jaeger,
Helen Carella
County: Darryl Richard-Project Manager, Tessie Sillery-MSTU
Coordinator
Others: Frank Kip & Mike Lueneke-Advanced Lawn, Mike McGee &
Assoc., Sue Chapin-Mancan
ID. APPROVAL OF AGENDA
Gloria Patterson move to accept the Agenda. Second by Betty
Schudel. Carried unanimously 5-0.
IV. APPROVAL OF MINUTES: March 21, 2006
Betty Schudel moved to approve the March 21, 2006 minutes as
submitted. Second by Dale Lewis. Carried unanimously 5-0.
V. TRANSPORTA nON SERVICES REPORT:
A. Budget Report - Tessie Sillery
· Budget was distributed. (Attached) Items were covered.
. 2006/'07 Budget Review - distributed and (Attached).
o After careful review of all line item figures, it was decided
they will keep the 5% in Reserves and leave the balance for
future projects in Improvements General.
o The projected operating figure is $169,500
There was discussion and confusion on their millage rate - whether it
is .25 or .50. Staffwill research and confirm the correct millage rate.
Dale Lewis moved to accept the 2006r07 Budget. Second by
Gloria Patterson. Carried unanimously 5-0.
B. Meeting with Berkshire Homeowner's Assoc. President -
Darryl Richard - Meeting has not taken place.
VI. LANDSCAPE MAINTENANCE REPORT:
A. Monthly Report - Advanced Lawn
1
16'1
(Numbers for members to call for an irrigation problem on a 24/7 off
hours -438-5370 - working hours 8-5:00 Darryl- 530-9083)
· Fertilizer has been finished end of March
· Re-staked trees
· Hardwood trimming finished
· Palms will be trimmed in May
· Many plants have been planted
· Magnolia trees have some hurricane damage and are being
assessed & will replace those that are distressed
· Checking irrigation
VI. LANDSCAPE ARCHITECH REPORT: Mike McGee
A. Monthly Report - Doing their weekly service according to the
Contract is important.
B. Hazardous Tree Assessment Proposal- Darryl & Davey
Phil Buck - Certified Arborist - from Davey Tree Service gave a
presentation concerning his company and the proposal for Devonshire.
He mentioned they are not a lawn care service. He discussed trimming
trees, not hat-racking them, thinning them properly according to
County Code and that at this time due to the Hurricane; some may not
be done according to Code and would like to work with Code
Enforcement. His total quote is $20,250.
Dale Lewis moved to accept Davey Tree's quote of $20,250 for
removal of all damaged trees and fertilization on Devonshire for 1
year. Second by Betty Schudel.
Davey will start May I st or as soon as the PO is approved. The trees
will be replaced according to the LDC and coordinated with the
Berkshire Homeowners Assn.
Carried unanimously 5-0.
C. Radio Road Curbing - McGee is moving forward with plans for
the difference between the "Type A" to "Type F" curbing.
Darryl stated an in-house meeting will be held next week Thursday
with Engineering Transportation Planning for reviewing the Access
Management Plan. Changes are being requested by Transportation.
TECM will fund modifications to the plan only, not the whole plan.
It has not been determined if the County will fund any portion of
the curbing project.
McGee's Contract can't be modified but will be discussed. More
work and time are involved for changes from "Type A" to "Type
F" curbing. They can't move forward until they get more
information and an actual layout of the curbing such as median
extensions or enclosures etc. Calculations need to be done.
2
1611
vn. OLD BUSINESS:
A. Status of Bus Shelters - Darryl
Three shelters are under contract and materials are ordered. Should be
finished in 30-60 days.
vm. NEW BUSINESS:
It was noted Helen Carella has been reappointed to the Committee.
IX. COMMITTEE MEMBER COMMENTS: None
x. PUBLIC COMMENTS: None
There being no further business to come before the Committee, the meeting was
adjourned at 5:40 PM.
The next meeting will be held at 4:30 PM, May 16,2006
Collier County Transportation BuildinglEast Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
3
~PR,07.2006 1~:39 239~039662
AMANDA
#2826 P.OOl /009
DAVEY~*
TREE & L\WN CW EXPERTS SINCE 1880
1611
F..L\.X C;O'lER SHEET
THE DAVEY TREE EXPERT COMPANY
2065 TRADE CENTER WAY
NAPLES, FLORIDA 34109
239-403-9665
239-403-9662
From:
fff~V A~
Attention:
Office location:
Fax Number.
6 b tJ . , -z-ICf
Total Number Of Pages:
Phone Number: 239.403.9665
o Urgent
o Reply ASAP
o Please comment
o Please review
Q For your information
Comments:
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THE DAVEY -rREE EXPERT COMPANY, KENT, ()HIO 44240
www.davey.com
DA~!f3~6"
2065 TRADE CENTER WAY
NAPLES, FL 34t09
PH. (239) 403-9665
FAX (239) 403.9662
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APR.07.2006 14:40 2394039662
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#2826 P.003 /009
1611
RADIO ROAD MSTU-ARBORIST SERVICES
Ouote Tabulation:
Item Unit Quantity
1. Hazard Report LS 1
2. General Maintenance Plan LS 1
3. Hourly Consulting Services EA 40
COMPANY INFORMATION:
Company: The. D~~ "1i.e:c- ~Cc
Address: .,z.,Q ~ ~ --r""r. ~ c..,e...., -i~ W~
N' Oo-f I t:.4 ,:: L 3.if I t) <:it
email: c..J~s'u' bvc.J:. @ tl.-6 L COWl.
Phone ~39) ;1..8'1. 80..5.:J.
Fax (.;t3.,) '-tb:3. Cf661...
-
Unit Price Total
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$ 7 S- $ .3t)dO
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Name of Representative Providing Quote:--I'Ht '- Bvc:...k;..
3ignature ofRepresentatiV;:-'- ~~
Date of Quote: 't.. 7. 0 '"
Bids/Quotes are due by Close of Business April 7,2006. Quotes are to be either faxed to Attn:
Darryl Richard, Project Manager at fax 239~S30~6219 or hand delivered/mailed to: Ann: Darryl
Richard, Project Manager, A TM Department, 2885 Horseshoe Drive South, Naples, Florida
34104.
Thank you,
Darryl Richard
Project Manager
Collier County
Department of Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
Telephone: (239) 659-5775
Fa~:239-530-6219
Cell: 239-253M9083
darrylrichard@colliergov,net
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Radio Road Beautification MSTU
1611
Monthly Activity
Apri/18, 2006 Meeting Report
Title
Sub- Title
Amount
Electricity
FP&L - 2-28 to 3-28
Total
$8.45
$8.45
Other Misc.
Manpower
Total
$185.83
$185.83
Other Contractuals
Advance- March Maint. . .
$1,639.00
$1,639.00
Total
Indirect Reimb.
County fee
Total
$1,500.00
$1,500.00
.--------------------------------------------------------------------------,
!Totallnv. Paid $3,333.28:
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!.-------------------------------------------------------------------------.&
PO History
as of 3/21/06
P.O. Opened PO Balance
Other Contractuals Advance Lawns - General Maint. 17,210.00 715.53
Other Contractuals Advance Lawns -Incidentals 10,000.00 7,335.67
Emerg #8 - Hurricane Wilrr Advance Lawns - Hurricane Wilma 9,000.00 3,210.00
Electricity FP&L 120.00 60.81
Sprinkler Maint. John Deere 2,500.00 closed 0.00
Sprinkler Maint. Fla. Irrigation Systems 2,500.00 2,500.00
Other Misc. - Secretary Mancan, Inc. - Sue S. 2,000.00 895.06
Fertlherblchem Pro-source 2,000.00 758.00
Engineering Fees Other McGee & Assoc. 3,625.00 1,385.00
Mulch Forestry Resource 8,000.00 8,000.00
Improvements General McGee & Assoc. 64,300.00 64,300.00
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Executive Manager
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COLLIER COUNTY
May 5, 2006
Ms. Susan M. Harp
Certified Local Government (CLG) Coordinator
Bureau of Historic Preservation
A.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
RE: Collier County Preservation Board Meeting
Dear Ms. Harp:
Please be advised that a public meeting for the Collier County Historic and Archaeological
Preservation Board has been scheduled for Wednesday, May 17, 2006 and will begin at 8:45 a.m.
at the Collier County Community Development & Environmental Services Division, Conference
Room 609, located at 2800 North Horseshoe Drive, Naples Florida:
I have attached the minutes from the April 19, 2006 meeting for your review and records.
If you have any questions concerning this meeting, please do not hesitate to call me. My phone
number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net.
Sincerely, . ill
/~/~
~ayrr#d V. Bellows, Zoning Manager
Department of Zoning & Land Development Review
(Historic Preservation Coordinator)
cc: Preservation Board Members (7)
Sue Filson
Joe Schmitt
Ron Jamro
Susan Murray
Jeff Klatzkow
Melissa Zone
Misc. Corres:
~'d-3 LIlt
Date: J', . ' J :)
Item #:j1i1--Ll2J +
Copies to
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1611
AGENDA
COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
WILL MEET AT 8:45 AM, WEDNESDAY, MAY 17, 2006 AT THE COLLIER
COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DNISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE
DRNE, NAPLES FLORIDA:
NOTE:
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESENT A TIONS BEFORE THE HAPB WILL
BECOME A PERMANENT PART OF THE RECORD. THESE
MATERIALS WILL BE AVAILABLE FOR PRESENT A TION TO THE
BOARD OF COUNTY COMMISSIONERS.
1. ROLL CALLI ATTENDANCE:
2. ADDENDA TO THE AGENDA:
3. APPROVAL OF MINUTES: April19, 2006
4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT:
5. OLD BUSINESS:
A. Nehrling's Tropical Garden Site - Historic Designation Application
B. Historic Guide and Brochure
6. NEW BUSINESS:
A. National APA Conference
7. DISCUSSION OF ADDENDA
8. ADJOURN
Fill l\tt 'n\.-'~tl/ /\ rdl;'\l'()!t );!iL';tl//\~\.'!lIl;t
April 19, 200J 6 11
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD
Naples, Florida, April 19, 2006
LET IT BE REMEMBERED, that the Collier County Historical/Archaeological
Preservation Board in and for the County of Collier, having conducted business
herein, met on this date at 8:45 A.M. in REGULAR SESSION at the Collier
County Development Services Division, Conference Room #609,2800 N.
Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN: John Thompson
William Dempsey
Thomas Franchino
Patricia Huff
Sharon Kenny
Ardavan Moaveni (Excused)
Elizabeth Perdichizzi
David Draipsa (volunteer)
STAFF PRESENT: Ray Bellows, Zoning Manager
Jeffrey Klatzkow, Assist.County Attorney
Melissa Zone, Principal Planner
Heather Ramirez, Admin. Secretary
ALSO PRESENT: Susan Mason, Environmental Services
April 19, 2006 16 11
1. Roll Call/Attendance: The meeting was called to order at 8:45 AM by Chairman John
Thompson. Roll call was taken with Mr. Moaveni excused. A quorum was established.
2. Addenda to the Agenda: None
3. Approval of Minutes: March 15, 2006
After a review of the minutes previously distributed by Heather Ramirez, Chairman
John Thompson asked if there were any additions or corrections.
William Dempsey moved to approve the minutes of March 15, 2006 as presented.
Second by Patricia Huff. Carried unanimously 6-0.
4. Department of Zoning and Land Development Review Report:
A. Welcome Sharon Kenny as new Preservation Board Member
Ray Bellows introduced Sharon Kenny as the new member and gave her the
information/welcome packet and copies of probability maps, explaining the
function of the Board and procedures for archaeological surveys. He stated that
the whole county has been surveyed.
Jeff KIatzkow mentioned workshops that are offered to new advisory board
members and also reviewed the Sunshine Law and Public Records Law.
Ray Bellows announced that he would be attending the Florida National
Conference in San Antonio, Texas. Workshops and historic tours have been
planned. He will report back on how archaeological and historical preservation is
done in other parts of the country.
5. Old Business:
A. Nehrling's Tropical Garden Site -Historic Designation Application:
Ray Bellows reported that the Request for Proposal (RFP) is not ready yet and he
has not seen what it looks like. He explained that it takes a few months for all the
different reviews and for the reports to be generated. When there are no clear
boundaries, it is harder to determine historical designation. In this case there is the
added complication of the lease. Also, for security and protection of the area, it
must be determined the exact nature of the historical designation, its significance
and the landscaping as a vital part of the RFP. He stated that it is different than
just putting up a plaque. It needs experts and time to find what's left, where it is
and how it functions with the zoo. Before it goes to the Board of County
Commissioners, all information needs to be verified by staff and county attorneys,
with no questions left on the lease terms.
Board members were disappointed in the length oftime the process of designation
is taking, given that the County purchased it because of its historical significance.
2
April 19, 200616 11
Ray Bellows said he did have additional interesting information of an earlier
history ofNehrling Gardens that included a copy ofthe original lease done by
David Draipsa. The board members requested copies.
David Draipsa stated that the report is copyrighted and the Advisory Board
would need to formally request a release from him for permission to copy it.
A formal request will be drawn up.
Mr. Draipsa commented that RFP should reflect not just a historical site but
should be a cultural site as well. He stated that the will of community is to
preserve the gardens. He stressed the importance of cultural landscape
assessment. His concern is that changes are occurring at the zoo, with fences and
new dog exhibit. Fears disturbance of remaining designation site.
Heather Ramirez reported that she has information that describes what a cultural
landscape report consists of and will make it available to board members.
Jeff Klatzkow re-iterated that the County proceeds at a very slow place. Since it
is the owner, the County can freeze any expansion plans until all reports are in.
Staff needs to know what is going on at the zoo.
Ray Bellows assured the board that no expansion could take place without a site
plan approved by the County and the Advisory Board. He will check what is
being done there.
Tom Franchino moved to request Amanda Townsend to provide RFP or its
update at the next meeting. Second by William Dempsey. Carried
unanimously 6-0.
Patricia Huff moved to direct staff to ensure that no further work is done in
any area encroaching on Nehrling Gardens property until the Board reviews
the RFP report. Second by Betsy Perdichizzi. Carried unanimously 6-0.
Ray Bellows stated that staff will contact the County's Real Property Manager, as
owner ofthe property, who can direct a freeze on any disturbance of the lands in
question.
Melissa Zone questioned dependence on Parks and Recreation funding of RFP.
B. Historic Guide and Brochure (handouts-maps)
Ray Bellows passed out copies of Historic Resources maps pinpointing and
identifying historic sites in Collier County that are eligible for the National
Register of Historical Places. Also, a copy of a Collier County Proposed List for
Application of Historic Designation with pictures of several places in Marco
Island, compiled by Betsy Perdichizzi.
3
April 19, 2001 6 11
He requested the Boards' input as to what type, style and content of publication
and guide the Board would like to put out. He also noted that most historic sites
are privately owned, only a few, County owned.
Patricia Huff offered a copy of the Friends of the Museum booklet from
Everglades City and spoke on what they are trying to do with all the historical
places before they are torn down for development. She distributed maps and lists
of sites that should be included as historical sites in the brochure. With several of
them, they would like to begin the process of historic designation. She gave an
overview of these places, sharing their significance in the history of Collier
County. They are just trying to preserve what is still there.
Ray Bellows explained that the Preservation Board has been appointed to protect
Collier County resources. He further explained how inter-local agreements work
to act on behalf on other communities (Marco Island, Everglades City), until they
have their own Preservation Boards -and how to start the process.
Lengthy discussion followed. Some topics were:
. Tour, guide, historical, promotional, informational or comprehensive booklet
. Raising awareness of sites
. Particulars of updating photos, maps and information
. Who holds responsibility for maintaining and protection of designated sites
. Education and feedback from districts involved in its history
. Checking out other counties' guides and brochures
. Grant information to care for sites
Board will gather ideas and information for further discussion and organization to
move forward with the project. Funding is in place.
6. New Business:
John Thompson commented that it had been pointed out to him that south of
Wiggins Pass at the site of Vanderbilt Inn, is the site of a Calusa village under the
mounds. It should be checked out should there be any rebuilding upon sale of the
Inn.
Ray Bellows will look into the facts and be sure area is checked.
Tom Franchino noted and read from a copy of an old letter, dated 1969, to the
Board of County Commissioners regarding zoning issues for Caribbean Gardens.
The letter contains a copy of the original lease from the Fleischmans to Jungle
Larrys, and speaks of the value to both the owners and the community of the
gardens. It urges continuing preservation of the gardens, plants and vegetation.
Tom pointed out that the letter clearly reveals that even back then, there was
recognition of its historical and future value, and intent towards preservation. The
first lease would have noted that fact. He requested Heather Ramirez make copies
for everyone, including Amanda Townsend, for the next meeting.
Melissa Zone requested another item under new business, (not on the agenda).
4
April 19, 20061 6 11
That was to introduce Susan Mason, Collier County Environmental Services and
liaison to Environmental Council, who wanted to get input from the Board, if
appropriate, for their staff to look at archaeological easements separately from
conservation easements. Her questions were:
a. Should archaeological sites not count as part of the native vegetation because
they may be disturbed in future excavation study, where no disturbance or access
is allowed in native preserve conservation easements.
b. Should their staff make provisions for future digs.
John Thompson stated the only two reasons a dig is done are 1). because there is
building going up on the site and 2). as part of a survey mandated by ordinance,
with the hopes of it being preserved or salvaged for researchers in future studies.
They don't usually remove vegetation.
An informative discussion followed regarding
· The different requirements for different types of preserve areas-archaeological,
environmental, conservation.
. Where easements can be granted and when native vegetation is not to be
disturbed.
. Preserves entire site until such time future easement needed for study.
. Where State owns land, they now work with counties in site development
under new law.
Ray Bellows stated that, after further research, discussion could be put on agenda
regarding separate conditions for the various types of preserves and easements.
7. Discussion of Addenda: None
The next meeting was set for May 17,2006 at 8:45 AM.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 10:00 AM.
Historical! Archaeological Preservation Board
John Thompson, Chairman
5
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
Collier County Government
j
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611
Fiala
Halas
Henning
Coyle
Coletta
Contact: Sandra Arnold-Lawson
Public Information Coordinator
(239) 774-8308
FOR IMMEDIATE RELEASE
t
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March 15, 2006
NOTICE OF MEETING & AGENDA
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB)
COLLIER COUNTY, FLORIDA
Thursday, March 23,2006
6 P.M.
Collier County Government Center
Administration Building F, Third Floor
3301 E. Tamiami Trail
Naples, FL 34112
****************************************************
NOTICE
** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the
board prior to the meeting if applicable.
** For more information, please contact Colleen M. Greene at (239) 774-8400 or Lillian Amador (239) 774-8924.
** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380.
** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman.
** Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities
(including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners
and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * *
AGENDA
I. 6 P.M. meeting called to order
II. Approval of agenda
III. Adoption of minutes from March 1, 2006 meeting
IV. New Business
1. Review of applications for the two HAAB vacancies
2. Review executive summary for Dr. Van Fleet to present his School Board Report to the BCC
V. Old Business
VI. Public Comments Misc. Corres:
VII. Board Member Comments
VIII. Meeting Adjourns Date: 5 dC:r ex r~
-End- Item#:~S
Copies to:
1611
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB)
Minutes of Thursday, March 23, 2006
HELD AT COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS,
THIRD FLOOR, ADMINISTRATION BUILDING F,
3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA
Vol. 3
Present:
Absent:
Ernesto Labrador
James A. Van Fleet
Manuel Gonzalez
Raymond Cabral
David Correa (Excused)
Renata Fernandez (Excused)
Cosme Perez
Also Present:
Ms. Colleen Greene, Assistant County Attorney, Staff Liaison
Ms. Lillian Amador, Sr. Human Resources, Staff Liaison
The March 23, 2006 Meeting of the Hispanic Affairs Advisory Board (HAAB) was
cancelled because there was no quorum. Three members of the board were present, together
with the staff liaisons. The group discussed the horrible weather and the traffic but did not
discuss any issues which may come before the HAAB in the future.
Prepared by Lillian Amador, HAAB Staff Liaison, Senior Human Resources Technician.
r;>
A~ by the ~~:~IC Affairs on this .} 7 day of
Lfk ()~
HAAB Chairman
Attachments:
None
Fiala
Halas - -:;7
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1611
=
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
A2enda
Mav 17.2006
L CALL MEETING TO ORDER
ll.
ATTENDANCE:
RE(~EI'jED
MAY D 4 2006
llL APPROVALOFAGENDA
Board of County Commissioners
IV. APPROVAL OF MINUTES: April 19, 2006
Sunshine Law Information from Meeting - Sharon Tims
V. TRANSPORTATION SERVICES REPORT:
A. Budget - Tessie Sillery
B. Procedure for expanding MSTU Boundaries
C. Proposals for Signage on Hwy 29 & 846
VI. TRANSPORTA TION MAINTENANCE REPORT:
A. Report - Robert Kindelan/CLM
B. Banner Arm Update
Vll. LANDSCAPE ARCHITECTS REPORT:
A. Sidewalk Project Report - Mike McGee
B. Phase IV - JP A Funding - Darryl Richard
vm. OLD BUSINESS:
A. State Project Update - Darryl Richard
B. Code Enforcement Issues - Cristina Perez
IX. NEW BUSINESS
A. Summer schedule
X. PUBLIC COMMENT
XI. ADJOURNMENT
M' Cones:
The next regular scheduled meeting is .June 21, 2~
4:30 PM Date: 5 ~~~ -C)(p
At the Immokalee Community Park /; /1'1"- fl'l---;-J
321 First Street South, Imrnokalee, FL Item #:~
Copies to:
1
1611
IMMOKALEEBEAUTIFICA TION
M.S.T.U. ADVISORY COMMITTEE
Minutes
April 19, 2006
L Tbe meeting was called to order by Sharon Tims at 4:35 PM
ll. ATIENDANCE:
Members: Sharon Tims, Cherryle Thomas, Rita Avalos, Dorcas Howard (Excused),
Bernardo Barnhart
County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Christina
Perez-Code Enforcement
Others: Mike McGee-McGee & Assoc., Jim Fritchey-CLM, Sue Chapin-Mancan
llL APPROVALOFAGENDA
Under Transportation Services Report - Add: Approval of 2006/'07 Budget
Cherryle Thomas moved to approve the Agenda as amended. Second by Sharon
Tims. Carried unanimously 3-0.
(mta arrived at 4:40 PM)
IV. APPROVAL OF MINUTES: March 15, 2006
(Note: Bernardo Barnhart & Sharon lims were excused for the March 15, 2006
meeting)
Cherryle Thomas moved to approve the Minutes of March 15, 2006 as amended.
Second by Sharon Tims. Carried unanimously 4-0.
Sunshine Law Presentation - Chief County Attorney Mike Pettit
Stoff was advised to have the Committee review a tape. Sharon mentioned she
attended the Sunshine Law Workshop and will bring her notes and handouts for the
May meeting to review with the Committee.
V. TRANSPORTA nON SERVICES REPORT:
A. Budget - Tessie Sillery
Budget was distributed. (Attached) The Operating Summary and Invoices was
reviewed along with the Revenue Sheet.
2006/'07 Budget Review - (Attached) - Darryl & Tessie
After review of the various line items, it was decided to change the Reserves for
Contingency. Staffwill change the $140,000 to $45,200. Only 5% of the total
amount needs to stay in the Reserve item. $95,500 will go into the Improvements
General Account.
1
Cberryle Thomas moved to approve tbe 20061'07 Budget as amended w~ 6 11
the Reserve item being $45,200 and Improvements General being $95,500.
Second by Rita Avalos. Carried unanimously 4-0.
B. Expanding Boundaries (Contract w/County in Lake Trafford/Arrowhead
area - Darryl Richard
As stated in the previous meeting, extending the Boundaries of Sections 30, 31,
36 & 25 would be an increase of$25,400 annually for the MSTU.
If proceeding with the boundaries, staff would need to proceed with an Executive
Summary, be reviewed by the Attorneys office and petition the BCC residents
with a 50% + 1 vote.
The PUD for Arrowhead has been approved and has commitments for sidewalks,
curbing etc.
The Committee favored the above discussed Sections in their Boundaries as
lighting could be a project for that area.
Cherryle Thomas moved to extend the MSTU boundaries for Sections 30, 31,
36 & 25 into the Immokalee MSTU area. Second by Sharon Tims.
Cherryle amended her motion to include Staff investigate all the possibilities
of extending the boundaries. Sharon amended her second. Carried
unanimously 5-0.
VI. TRANSPORTATION MAINTENANCE REPORT:
A. Report - Robert Kindelan/CLM (Jim Fritchey)
· Normal maintenance
. Oak trees installed and will mulch
. Irrigation has breaks and will be checked tomorrow for water on
Immokalee
. The balance of the Crown of Thoms will be installed soon.
.
Darryl reported Kent Technologies is doing electrical and confirmed they are
ready to start in 14 days, and then Bonness will finish the paver project.
Missing signs on the north end were discussed. (Highway 29 & 846)
Cherryle Thomas moved to have stafT obtain quotes to replace signs. One in
front of the Casino that needs to be refurbished, and replace one on Bwy 29
& New Market and check to see if it is covered by Insurance due to
Burricane damage. Second by Sharon Tims.
Carried unanimously 4-0.
. Crepe Myrtles need to be straightened.
B. Banner Update - CLM will put them up at the Triangle. CLM will get a count
on the broken arms.
vn. LANDSCAPE ARCHITECTS REPORT:
. Fungus on the Crown of Thoms - too much water - need to change the
nozzles
2
A. Sidewalk Project Report - Mike McGee
Mike had nothing to report as he has not heard from Trinity Scott.
Darryl reported the project has some quality control issues in finishing up their
punch list. Higgins is completing the work.
1611
B. Pedestrian Fence - no information
C. Phase IV - LAP Funding - Darryl Richard
_ 60% plans are under review with FDOT.
_ JPA (Joint Participation Agency) - this funding program has $100,000 plus
$200,000 for a total of $300,000 for the project. This is available until December
30, 2008. They will need to be utilized by that date.
_ Sharon questioned the funding for Phase IV. The $633,300 carry-forward figure
needs to be confirmed. Staff will report at the May meeting.
(Bernardo Barnhart left at 5:30 PM)
vm. OLD BUSINESS:
A. State Project Update - Darryl Richard
No report or update - staff had been told project is on hold.
B. Code Enforcement Issues - Cristina Perez
. Still addressing delinquent rental registrations - some adjustments have
been given and some have gone in front of the Special Master for a
Hearing
. Still working on unsafe structures on Main Street - staff is looking into
demolishing many of them
. New investigator is getting his Certified training so he can issue citations
for parking and Right-of-Way violations
. Still trying to contact the persons responsible for the landscaping at the
Church parking lot
IX. NEW BUSINESS
Summer schedule will be reviewed at next month's meeting.
x. PUBLIC COMMENT - None
There being no further business to come before tbe Committee, the meeting was
adjourned by the Cbairman at 5:45 PM.
The next regular scheduled meeting is May 17, 2006
4:30 PM,
At the Immokalee Community Park
321 First Street South, Immokalee, FL
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Title
Other Misc. Services
Other Misc. Services
Immokalee Beautification MSTU
Monthly Activity April Meeting Report
Sub-Title
Mancan, Inc.
Mancan, Inc.
Total
Amount
Indirect Cost Reimbursement County Fee
Total
Improvement Capital
Improvement Capital
1611
108.78
$170.01
$278.79
$950.00
$950.00
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McGee & Assoc. $1,810.00
Total
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PO History
Freight for banners
New P.O.'s
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g
MEMORANDUM
Date:
April 13, 2006
To:
Joyce Houran, Grants Coordinator
Collier County Sheriffs Office
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-130
Enhanced Emergency "911" Telephone Service & Equip.
Enclosed please find one (1) certified copy of the document for the item
referenced above, (Agenda Item #16Jl), approved by the Board of County
Commissioners on Tuesday, May 23, 2006..
If you should have any questions, please contact me at: 774-8411.
Thank you.
Enclosures( 1)
16Jl
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 J 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Pnnt on pink paper. Attach to original document Original documents should be hand delivered tothe Board Oflice. The completed routing slip and original
documents are to be foruarded to the Board Oftice 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
exec tion of the Chairman's si ature, draw a line throu routin lines # I thro #4, com lete the checklist, and forward to Sue Filson (line #5 .
Office Initials Date
2.
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 oftiee only after the BCC has aeted to approve the
item,)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
"lct3.' q~'1U
\ltJ" \
\
Yes
(Initial)
N/ A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24,05
Phone Number
Agenda Item Number
-s
\2e_~o \
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on ,. enter date) and all changes
made during the meeting have been incorporate in he attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
2.
3.
4,
5.
6.
16Jl
RESOLUTION NO. 2006..1)0
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE
FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND
EQUIPMENT
WHEREAS, Section 365.171(13), Florida Statutes, provides that a county may impose a fee
for charges for "911" service and equipment to be paid by local exchange subscribers on an
individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and
WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it
appropriate and in furtherance of public heatth, safety and welfare to access a fee for the enhanced
"911" telephone service availability in Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. Pursuant to Section 365.171(13), Florida Statutes, there is hereby imposed against local
exchange subscribers a local option fee for the provision of enhance "911 " emergency telephone
service and equipment in Collier County. This fee shall be adjusted annually to cover allowable
expenses as described in Section 365.171 (13(a)(6), Florida Statutes. For the period of October 1,
2006 through September 30, 2007, the fee will be $ .50 cents per month per subscriber per access
line.
2. The County requests that the telephone company (exchange telephone service provider)
providing enhanced "911" service and equipment to Collier County collect from its subscribers within
Collier County, the local option fee assessed by this Resolution and remit those fees to Collier
County .
3. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an
administrative fee an amount of one percent (1 %) of the total "911" fees actually collected by said
telephone company.
4. Money in reserve is being carried forward to provide for capital improvements listed in Section
365.171(13)(a)(3), Florida Statutes. Additional money from fiscal year 2006 revenues to be added to
the total reserves shall not exceed ten percent (10%) of such fees billed for the 2005 fiscal year. The
cumulative reserves are to pay for projected expansion and replacement of E911 equipment and
service features described in Section 365.171 (a)(1 3)(6), Florida Statutes. All carry forward reserves
shall be administered in accordance with Subsection 385.171 (13), Florida Statutes.
This Resolution adopted on the ~.3 rr1.- day of
second and majority vote for adoption.
(V\a./
(
, 2006, after motion,
DA TED: ,J- 2.cf. -tooCtJ
ATTEST', :.~......)
OW/GrLi~: ~R-oc~J';ci~*:
_ . t ;:-.2- .:~:.
<;.;~ "
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
puty Clerk' '
Attest I' to Cha1n141 ,
"9ft_ture GAl..
,,{fy,Y: ~~.a~
Frank Halas, Chairman
Approved as to form and
legal sufficiency:
-~~.
TfiOih~~pa mer,
Assistant County Attorney
Item # l (oJ \
l\genda 5-23-lb
, D~te
"-,, _..-..~~.__.~'>._---._--,-_..._~..__._...
MEMORANDUM
Date:
May 25, 2006
To:
David C. Weigel, County Attorney
Office of the County Attorney
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-131
Amendment to the 2006 Fiscal Year Pay &
Classification Plan for the Office of the County
Attorney
Enclosed please find one (1) copy of the document, as referenced
above, (Agenda Items #16Kl). approved by the Board of County
Commissioners on Tuesday, May 23, 2006.
If you should have any questions, please contact me at 774-8411
Thank you.
Heidi R. Rockhold
Enclosure
16Kl
16Kl
MEMORANDUM
Date: May 25, 2006
To: Jean Merritt, Director
Human Resources Department
From: Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re: County Attorney's Office Pay and Classification Plan
Enclosed please find one copy of the document as referenced above,
Agenda Item # 16K 1, approved by the Board of County
Commissioners on Tuesday, May 23,2006.
If you should have any questions, please contact Minutes & Records
at 774-8411.
Thank you.
Enclosure( 1 )
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 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 uocuments shoulu be hand delivereu to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Boaru 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
exceution of the Chairman's silIDature, 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 ofthe 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 docmnents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
~~:~c~f Primary Staff '\x ~l~') I 'i')t) r~
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
!-' <"
t..)
,");- G
_A (~
Agenda Item Number
,-l\...j 'i:qZC
\ fY .\
\
Yes
(Initial)
N/A (Not
A licable)
Number of Original
Documents Attached
n f=l)-.
n I;
I) r e.J
(\f"f)
(j/ /~
,r-.- '-'.
v~ CC~-
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05
,- ~':\(.) c;;C
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 BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on U))~'" (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,
RESOLUTION NO. 2006- 1 ~ 1
A RESOLUTION APPROVING AN AMENDMENT TO THE 2006 FISCAL YEAR PAY
AND CLASSIFICATION PLAN FOR THE OFFICE OF THE COUNTY ATTORNEY.
16Kl
WHEREAS, it has been the policy of Collier County to establish and administer a system of
compensation based on principles of public accountability, external competitiveness, internal equity,
relative complexity and responsibility between classifications, market economic conditions, County
financial policies and appropriate federal, state and local laws pertaining to compensation so as to
contribute to an environment conducive to employee motivation and productivity as is referenced, for
example, in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and
WHEREAS, the philosophy of Collier County Government has been to implement and maintain
a fairly reasoned compensation plan that other public sector employers strive to model. This plan will
enable the County Attorney Office to recruit and retain the most knowledgeable and skilled
employees available, which in turn will assist in providing an ongoing level of service to Board of
County Commissioners that exceeds expectations. By implementing and maintaining this
compensation plan the Board will allow the Office of the County Attorney to continue moving towards
the vision of having the best possible employees, which produce high quality results, are creative and
proactive, and fiscally responsible,
WHEREAS, for the Office of the County Attorney, the Board of County Commissioners
believes this policy may be achieved through an annual pay and classification plan for employees
under the administration of the County Attorney,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The amended 2005 - 2006 Fiscal Year Pay and Classification Plan for employees under the
administration of the County Attorney, a copy of which is attached hereto as Exhibit 1, is hereby
approved and adopted,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this or::Xc\day of V\ \CtLi
ATTEST: ,> ".'.'..' .'
DWIGHT.IE;~ROOK,'-G~~RK
,j' ") .>:
e-
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~~
FRANK HALAS, CHAIR
Attl~t .11 to-", . :.:t~ ·
119na~,~1 ,1\;;,':./
Approved as to'form.atld
legal sufficiency:
Item# 1lli
Agenda 5-23 JL
Date l...P
Date 0' -!5-DL
Rec'd P
EXHIBIT 1
16Kl
COLLIER COUNTY ATTORNEY AMENDED PAY AND CLASSIFICATION PLAN
Effecti'le4-1...06fottneremainderofFiscaIYeari.2006
TITLE GRADE MINIMUM MARKETPLACE LUMP SUM MAXIMUM
MERIT
POINT
Chief Assistant County Attorney 36 92,761 110,681 97,399 138,351
Managing Assistant County
Attornev 35 88,343 105,410 92,761 131,763
Assistant County Attornev 33 56,376 94,663 90,156 118,329
LeQal Office Administrator 23 48,650 60,097 66,107 75,121
Legal Assistant / Paralegal 21 39,626 54,510 59,961 68,138
Leqal Secretary 17 32,966 44,398 48,838 55,498
Leqal Administrative Secretary 13 25,570 35,596 39,156 44,823
04-COA-0 1081/184
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17A
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement
(Display Adv., location, etc,)
Other:
********************************************************************
**************************
3/dLIl DG
Originating Dept/ Div: Comm,Dev,Serv./Planning Person: Melissa Zone
Petition No, (If none, give brief description): PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Petitioner: (Name & Address): Coastal Engineering Consultants, Inc" Robert Andrea, AICP, 3106 S, Horseshoe Dr" Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Lely Development
Corp" 8825 Tamiami Trail, East., Naples, FL 34113
Hearing before BCC
BZA
Other
Requested Hearing date: April 25. 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: 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 as well as amend the PUD document to bring it into conformity with County
requirements. Lely Barefoot Beach PUD consist of 461,65 acres, Tract J is located at the southwest comer of Barefoot Beach
Boulevard and Bayfront Drive, located in Sections 5,6, 7 & 8, 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:
~~
Department Head
J~ /
~
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
******************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Receive(.~~ Date of Public hearing:~ Date Advertised: 't J ct ~ t,
111~__"""-""-'-.~'''''''~'._'"'-~"'__ .., ..
17A
"1 ,~
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" RESIDENTIAL PLANNED UNIT
DEVELOPMENT KNOWN AS LELY BAREFOOT
BEACH, FOR PROPERTY LOCATED IN SECTION 6,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF
461.65::tACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBERS 77-48 AND 85-21, AS
AMENDED, THE FORMER LEL Y BAREFOOT BEACH
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Coastal Engineering Consultants, Inc., representing Lely Development
Corporation, Inc., petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property known as Petition PUDZ-A-2004-AR-6283;
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 6,
Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "RPUD"
Residential Planned Unit Development in accordance with the 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 77-48 and 85-21, as amended, known as the Lely Barefoot Beach
PUD, adopted on September 27, 1977, and June 4, 1985, respectively, by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
1
17A
PASSED AND DULY ADOPTED by super-majority vote of 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
/ Marjorie M. Student-Stirling
/ , ' Assistant County Attorney
2
17A
LEL Y BAREFOOT BEACH
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Regulations and supporting Master Plan Governing the Lely Barefoot Beach, a Planned
Unit Development pursuant to provisions of the Collier County Land Development Code,
Prepared for:
Lely Development Corporation, Inc,
8825 Tamiami Trail East
Naples, Florida 34113
This PUD replaces PUD Ordinance's 77-48, 85-21,85-83,87-53,88-63,94-28, and 01-
35 because these ordinances are being repealed
Prepared by:
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, Florida 34104
CEC File No. 02.205
March 2006
EXHIBIT" A"
Date Filed
Date Revised
Date Reviewed by CCPC
Date Approved by BCC
Ordinance Number
Amendments and Repeal
I:\DA T A \2002\02205\2006 _March _ LegalDeptChanges\02205Revised#2 _for_Legal _PUDDoc20060324.doc
1
17A
T ABLE OF CONTENTS
List of Tables 4
List of Exhibits 5
Statement of Compliance 6
Section I Property Ownership, & Description 7-8
Section II Project Development 9-11
Section III Platted Lely Barefoot Beach Unit #1 12 - 14
Blocks A through K
Low Density Single Family Residential
Section IV Lely Barefoot Beach Unit #1 15 - 16
Tract A
Gatehouse Complex Site
Section V Platted Lely Barefoot Beach Unit #1 17 - 18
Tract B
Community Recreational Center #1 Site
Section VI Platted Lely Barefoot Beach Unit #1 19
Tract C
Landscaped Entrance Drive Strip
Section VII Platted Lely Barefoot Beach Unit #1 20
Beach Gardens A through K
Section VIII Platted Lely Barefoot Beach 21
Tract BF
Beachfront Common Open Space
Section IX Tract D, Low Density Single Family 22 - 24
Residential Development
Section X Tracts H and I 25 - 27
Single or Multi-Family
Residential Development
Section XI Tract Lely Beach North: 28 - 30
Single or Multi-Family Residential Development
I :\DA T A \2002\02205\2006_ March _ LegaIDeptChanges\02205Revised#2 _for_Legal _ PUDDoc20060324.doc
2
Section XII Tract: Active Community Recreation Area 31 - 33
Section XIII Tract: Lely Beach South 34 - 37
Section XIV Passive Community Recreation Area 38
Section XV Tract J: Single Family Residential Development 39 - 41
Section XVI Tracts M, N, & 0: Mangrove Preserves 42
Section XVII Utilities Conditions 43 - 46
Section XVIII Project Improvements 47 - 49
Section XIX Special Environmental Protection Regulations 50 - 53
Section XX Environmental Advisory Council Stipulations 54 - 55
Section XXI Protective Covenants 58
I:\DA T A \2002\02205\2006_ March _ LegaIDeptChanges\02205Revised#2 _for_Legal _ PUDDoc20060324.doc
17A
3
Table I
Table II
LIST OF TABLES
Residential Development Standards
Summary of Land Use
I:\DA T A \2002\02205\2006 _March _ LegalDeptChanges\02205Revised#2 _for _ Legal_PUDDoc20060324.doc
17A
56
57
4
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "c"
EXHIBIT "D"
EXHIBIT "E"
EXHIBIT "F"
17A
EXHIBITS
Lely Barefoot Beach P.U.D. Master Plan
Site Plan for Community Recreation Center, Number I
Lely Beach North Conceptual Plan
Lely Beach South Conceptual Plan
Legal Description
Settlement Agreement
I:\DA T A \2002\02205\2006 _March _LegalDeptChanges\02205Revised#2 _for _ Legal_ PUDDoc20060324.doc
5
17A
ST A TEMENT OF COMPLIANCE
The development of approximately 461.65 +/- acres of property in Collier
County, as a Residential Planned Unit Development (RPUD) to be known as the
Lely Barefoot Beach 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 Lely Barefoot Beach
PUD 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 is consistent with 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. The subject property is located in the Urban Residential Subdistrict. Residential
land uses are permitted in this subdistrict and at a density of 2.25 units per acre is
in compliance with the FLUE.
4, Future improvements are planned to be in compliance with applicable sections of
the Collier County LDC as set forth in Objective 3 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 Residential Planned Unit Development includes open spaces and natural
features, which are preserved from future development in order to enhance their
natural functions and to serve as project amenities,
7, All future final local development orders for this project are subject to Adequate
Public Facilities requirements of the Collier County 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 to be developed
under the project name: LEL Y BAREFOOT BEACH.
1,2 LEGAL DESCRIPTION:
See attached, Exhibit E.
1.3 ZONING HISTORY AND PROPERTY OWNERSHIP:
All of the subject property was zoned PUD on 9-27-77 by Ordinance 77-48. Lely
Barefoot Beach Subdivision Unit #1, a part of the area zoned PUD by Ordinance
77-48, was filed on 8-7-78, A portion of the home sites within Lely Barefoot Beach
Unit #1 have been sold and private residences constructed thereon. Development
standards set forth in this RPUD Document which governs the home sites in Lely
Barefoot Beach Unit #1 are unchanged from the development standards previously
approved as a part of PUD Document 77-48. All of the property within this
application other than previously sold lots in Lely Barefoot Beach Unit #1 is owned
by Lely Development Corporation, the RPUD applicant. This RPUD regulatory
document and Exhibits, replaces the PUD regulatory document and Master Plan
adopted by PUD Ordinance 77-48,85-21,85-83,87-53,88-63,94-28, and 01-35.
1.4 GENERAL DESCRIPTION OF PROJECT AREA:
The project site occurs in the northernmost two miles of gulf beachfront land in
Collier County. It is accessible from the north via Bonita Beach Road. It is
bounded on the north by the Collier/Lee County line, the west by the Gulf of
Mexico, the south by the south line of Section 8, Township 48 S, Range 25 E, and
the east by Little Hickory Bay and the waterway which extends southerly from the
Little Hickory Bay to Wiggins Pass. Gulf front lands between the Lely Barefoot
Beach property and Wiggins Pass to the south are owned by the State of Florida,
The property lies within Area "A" of the Collier County Water-Sewer District and
within Collier County Water Management District #7.
1.5 PHYSICAL DESCRIPTION:
The project fronts on the Gulf of Mexico. The physical characteristics include gulf
fronting sand beach; low dunes and developable uplands behind the beach; and
mangrove wetlands and tidewaters east of the developable uplands. The
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developable area is limited on the west by coastal construction control regulations
and on the east by wetlands protection regulations,
Elevations within the project area range from sea level to 9.5 feet above sea level.
The highest elevation is the crest of a coastal dune which lies landward of the sand
beach, Natural land slopes and natural drainage is both gulf ward and bayward from
the crest of the dune.
Soil types in the project area are mangrove swamp and coastal beach, The coastal
beach soils, where developmental activities have occurred and are planned, are
composed of sand and shell and are highly permeable, Water management plans
for the project rely primarily on shallow catchment areas and ground infiltration,
1,6 Short Title:
This ordinance shall be known and cited as the "Lely Barefoot Beach Residential
Planned Unit Development Ordinance."
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE:
The purpose of this Section is to describe the development plan, relationships to
applicable County ordinances, the respective land uses within the plan, and to set
forth maximum density and development criteria.
2.2 GENERAL:
A. Development of the Lely Barefoot Beach RPUD shall occur in accordance
with the contents of this RPUD Document, associated exhibits, and
applicable sections of the Collier County Zoning Ordinance,
B. Unless otherwise noted, the definitions of all terms used in this document
shall be the same as the definitions set forth in Collier County LDC,
C, No physical change and no regulatory change is planned for the single family
home sites within platted Lely Barefoot Beach Unit #1, nor to the mangrove
preserve areas committed by the original PUD to be preserved in their natural
conditions, in perpetuity, Uses permitted, development standards, and
related regulations applicable to Lely Barefoot Beach Unit #1 single family
home sites and to the three mangrove preserve areas are unchanged from the
originally approved Master Plan and PUD Document.
2,3 PROJECT PLAN AND LAND USE TRACTS:
A. The project plan, including street locations, tract boundaries, land use and
number of dwelling units permitted in the various tracts are graphically
illustrated by the Lely Barefoot Beach Master Plan and other attached
Exhibits,
1. Platted Lely Barefoot Beach Unit #1, Blocks A
through K: Low density single family
residential.
42,50 acres
2. Platted Lely Barefoot Beach Unit #1, Tract A:
Gatehouse complex site.
0,91 acres
3, Platted Lely Barefoot Beach Unit #1, Tract B:
Community Recreation Center #1 site.
4, Platted Lely Barefoot Beach Unit #1, Tract:
Landscaped Entrance Drive strip.
3,31 acres
1.36 acres
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5. Platted Lely Barefoot Beach Unit #1, Road
Right-of- Way,
5,37 acres
6, Road Right-of-Way south of Platted Le1y
Barefoot Beach Unit #1.
10,63 acres
7. Tract D: Low density single family residential.
2,53 acres
8. Lely Beach North: Single or Multi-family
residential.
33.0 acres
9. Lely Beach South: Single or Multi-family
residential.
29,0 acres
10. Active Community Recreation Area:
Community Recreation Site,
10,0 acres
11. Tract H: Single or Multi-family residential.
66.06 acres
12, Tract I: Single or Multi-family residential.
11,97 acres
13, Tract J: Single Family Residential.
1. 74 acres
14. Tract: Passive Community recreation site.
7.0 acres
15, Tract M: Mangrove preserve.
64.47 acres
16. Tract N: Mangrove preserve.
23,73 acres
17, Tract 0: Mangrove preserve.
19,04 acres
Open Water area
128.11 acres
Gross project area
461.65 acres*
* Acreages are approximations for general representation of the Master Plan may
vary following detail survey delineation of Tracts,
B. The meandering north/south project access road shown on the master plan is
constructed as Lely Beach Boulevard from its intersection with Bonita Beach
Road to the south line of the plat of Lely Barefoot Unit #1, The road
alignment from the south line of the plat of Lely Barefoot Beach Unit #1 to
the south line of the project has been approved by local, state, and federal
agencies, and is partially constructed. The final right-of-way alignment and
width may vary as a result of (1) wetland jurisdiction (2) detailed site
planning to preserve native habitat or (3) to accommodate percent coverage
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requirements. Final road alignment and right-of-way width shall be
approved during final review and approval of detailed site development plans
per Section 2,7 below,
C. In addition to platted Lely Barefoot Beach Unit #1 and Tracts D through 0
which are shown on Exhibit "A", easements (utility, private, semi-public,
etc.) have been or will be established within or along the various tracts as
may be necessary of deemed desirable to serve the project.
2.4 MAXIMUM PROJECT DENSITY
No more than a maximum of 750 residential dwelling units, single and multi-
family, shall be constructed in the total project area. The gross project area is
461.65 acres, of which 128,11 acres is open water and 333.54 acres is upland and
mangrove vegetated wetland. 750 units divided by 333,54 acres results in a gross
project density of2,25 dwelling units per acre,
2.5 FINAL SITE DEVELOPMENT PLAN APPROVAL
Exhibit "A" constitutes both the RPUD Master Plan of development and the Lely
Barefoot Beach Subdivision Master Plan, Final SDP approval shall be obtained by
each developer prior to the issuance of any construction permits. The final SDP
process as outlined in the LDC in effect at the time permits are requested shall be
followed. Final site plan approval for Tracts Lely Beach North, Lely Beach South,
and Active Community Recreation Area shall be in accordance with special
construction, habitat protection, dune preservation, and wetland preservation
regulations stated in Section XX, Sufficient documentation shall be submitted with
the final site plan for review and approval by the appropriate County department
(for example, location of preserve areas and sensitive vegetation areas including
endangered species, tree removal plan, landscaping plan, etc.)
Prior to the recording of additional subdivision plats within the Lely Barefoot
Beach Project, final plans for the required subdivision improvements shall receive
the approval of all appropriate Collier County governmental agencies to insure
compliance with the approved RPUD Master Plan, the County LDC, and the
platting laws of the State of Florida,
The RPUD Master Plan indicates that the meandering north/south access road
extends from Bonita Beach Road to the south boundary of the project. Vehicular
access to the state owned lands south of the Barefoot Beach project is to occur via
this north/south access road, No modification may be made to this road as planned
which would interfere with access to the state owned land to the south,
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SECTION III
PLATTED LEL Y BAREFOOT BEACH UNIT #1
BLOCKS A through K
LOW DENSITY SINGLE F AMIL Y RESIDENTIAL
3.1 PURPOSE
The purpose of this Section is to set forth development regulations applicable to
Platted Le1y Barefoot Beach Unit #1, Blocks A through K.
3,2 MAXIMUM DWELLING UNITS
A maximum of 91 single family home sites may be constructed within platted Lely
Barefoot Beach Unit #1, Blocks A through K.
The maximum number of dwelling units permitted in Unit #1, Blocks A through K
may be increased, provided that the gross project dwelling unit maximum of 750
units is not exceeded,
3,3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A, Principal Uses:
Single Family Residences: Individual home sites may consist of single
platted lots, multiple lots and/or fractions of adjoining lots,
B. Accessory Uses:
(1) Customary accessory uses and structures, including private garages.
(2) Signs as permitted by the LDC.
(3) Model homes shall be permitted in conjunction with development and
sale of the project. Such model homes shall be converted to private
residences within two years of construction completion, unless otherwise
specifically approved by the County,
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3.4 REGULATIONS
3.4,1 GENERAL:
All yards, setbacks, etc. shall be in relation to home site boundaries, whether
such home site consists of a single platted lot, adjoining lots, and/or fractions
of adjoining lots,
3.4,2 MINIMUM HOME SITE AREA:
When a single platted lot is utilized as a home site, the minimum lot area
shall be the area of that lot, as platted, When a home site is comprised of
multiple lots and/or fractions of adjoining lots, the minimum home site area
shall equal or exceed the area of the largest platted lot which comprises a
portion of the home site,
3.4.3 MINIMUM LOT WIDTH:
When a home site is comprised of a single platted lot, the minimum lot width
shall be as shown on the plat. When a home site is comprised of adjoining
lots and/or fractions of adjoining lots, the minimum lot width shall equal or
exceed the width of the largest platted lot which is a portion of the home site,
3.4.4 MINIMUM YARDS:
A. Yards which abut Le1y Beach Boulevard: 25 feet. Required yards
abutting Le1y Beach Boulevard are also easements within which
utilities, walkways, etc. may be installed,
B. Yards which abut an access drive right-of-way which extends westerly
from Le1y Beach Boulevard: 10 feet.
C. Yards which abut an adjoining home site: 7Y2 feet.
D, Yards which abut a Beach Garden: none,
E, Gulf front yards: No structure may extend gulf ward of the line
approved by the Trustees of the Internal Improvement Fund as a
variance to the State Coastal Setback Line, approved by the Florida
Department of Natural Resources (Governor and State Cabinet) on 12-
17-74,
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F. Preserves: All principal structures constructed after December 2005
shall have a minimum setback of 25 feet from the boundary of any
preserve, Accessory structures constructed after December 2005 shall
have a minimum lO foot setback, Structures existing prior to the
adoption of this RPUD Document shall not be required to meet the
preserve setback requirements.
3.4.5 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
A. One story- 1,200 square feet of living area exclusive of garages or
unenclosed patios, decks or porches,
B. Two story- 2,000 square feet of living area exclusive of garages or
unenclosed patios, decks or porches,
3.4,6 OFF-STREET PARKING REQUIREMENTS:
Two parking spaces per single family residence.
3.4.7 MAXIMUM HEIGHT:
Three stories with a maximum highest point of roof to be 70-feet NGVD
including decorative elements, but excluding chimneys, When the first
habitable floor is raised a sufficient height above ground level to permit the
underbuilding area to be used for automobile parking and other utilitiarian
purposes, that underbuilding area shall not be deemed to be a story,
3.4,8 STRUCTURAL REQUIREMENTS FOR RESIDENCES:
Special structural requirements designed to protect beachfront residences
from storm tide and wave damage are incorporated in the State of Florida
approved protective covenants for the Lely Barefoot Beach project as
contained in Coastal Setback Line Variance #74-75-V40, These construction
standards shall be applicable to all residences developed in Block A through
K of Platted Lely Barefoot Beach Unit # 1.
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~
SECTION IV
PLATTED LEL Y BAREFOOT BEACH UNIT #1
TRACT A: GA TEHOUSE COMPLEX SITE
4,1 PURPOSE
The purpose of this Section is to establish development regulations for platted Lely
Barefoot Beach Unit #1, Tract A.
4.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
An entry gate facility wherein security against road entry by unauthorized
persons or vehicles will be provided, Public access through or around the
entry gate, along the principal access road, and to publicly owned and
operated facilities shall be permitted as directed by the public agencies which
operate the public facilities. The gatehouse facility may contain dwelling
units for resident employees of the project, which employee dwelling units
shall be included in the maximum 750 dwelling units permitted within the
total project. Additionally, the gatehouse complex may incorporate
administrative, maintenance, and utilitarian activities and storage facilities
for the Barefoot Beach project as a whole, Prior to construction of the
gatehouse complex or subsequent modifications thereto, final plans shall be
approved by the Community Development Administrator.
B. Accessory Uses:
(1) Customary uses and structures,
(2) Signs as permitted by the LDC.
4.3 MINIMUM SETBACKS
A. Lely Beach Boulevard: none. Portions of the security gatehouse facility may
extend into and over Lely Beach Boulevard right-of-way.
B, Anguilla Lane: 10 feet.
C. North property line: 25 feet.
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4,4 OFF-STREET PARKING
Six spaces, plus two spaces for each employee dwelling unit.
4,5 MAXIMUM HEIGHT
Two stories above the mmlmum base flood elevation required by the Flood
Elevation Ordinance,
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SECTION V
PLATTED LELY BAREFOOT BEACH UNIT #1, TRACT B:
COMMUNITY RECREATION CENTER #1 SITE
5.1 PURPOSE
The purpose of this Section is to establish developmental regulations for platted
Lely Barefoot Beach Unit #1, Tract B: Community Recreation Center #1 Site.
5,2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
Recreational structures and facilities, including boat docks and related
facilities which extend into the water which adjoins Tract B,
B. Accessory Uses:
(1) Customary uses and structures,
(2) Signs as permitted in the LDC.
5.3 MINIMUM SETBACKS
A. Lely Beach Boulevard: 50 feet.
B. Waterfront yard: none.
C. East and south property line: 25 feet.
D, Preserves: All principal structures constructed after December 2005 shall
have a minimum setback of 25 feet from the boundary of any preserve.
Accessory structures constructed after December 2005 shall have a minimum
10 foot setback. Structures existing prior to the adoption of this RPUD
Document shall not be required to meet the preserve setback requirements.
5.4 OFF-STREET PARKING REQUIREMENTS
As required by County LDC in effect at the time that permits are sought.
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5,5 MAXIMUM HEIGHT
Two stories above the mllllmum base flood elevation required by the Flood
Elevation Ordinance.
5,6 DEVELOPER REQUIRED IMPROVEMENTS WITHIN TRACT "B"
The developer shall make improvements to Tract "B": Community Recreation
Center #1 site, in accord with Exhibit "B", which is hereby made a part of this
RPUD Document. Community Recreation Center # 1 site and all structure,
recreation facilities, and other improvements thereon shall be owned in common by
all owners of residential home sites in Lely Barefoot Beach, Prior to issuance of
building permits for development of the recreation center complex, the development
plan shall be reviewed and approved by the Community Development
Administrator, who shall also ensure adequacy of offstreet parking spaces. The
Barefoot Beach development sponsor shall complete all improvements indicated by
Exhibit "B" prior to issuance of the 50th residential building permit. In the event
that the development sponsor has not completed development of the improvements
indicated on Exhibit "B" after issuance of 49 residential building permits, no further
building permits shall be issued until the Exhibit "B" improvements have either
been completed, or surety acceptable to the County in the amount of 110% of the
cost to complete the Exhibit "B" improvements has been posted with the County to
guarantee completion,
Approval for any boat ramps, boat docks, hoists, shoreline modifications or any
other water oriented facilities shall be handled separately by all governmental
agencies with jurisdiction over waterfront development.
Any recreation center development other than that described on Exhibit "B" shall
be the responsibility of the property owners' association which owns and has the
beneficial use of the center.
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SECTION VI
PLA TTED LEL Y BAREFOOT BEACH UNIT #1
TRACT C: LANDSCAPED ENTRANCE DRIVE STRIP
6,1 PURPOSE
The purpose of this Section is to establish development regulations for Platted Lely
Barefoot Beach Unit #1, Tract C: Landscaped Entrance Drive Strip,
6,2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
(1) Ornamental project entry features;
(2) Portions of, or facilities related to the gatehouse complex;
(3) Docks, which may extend from Tract C into the adjoining water,
subject to the availability of dock construction permits,
B, Accessory Uses:
(1) Customary uses and structures.
(2) Signs as permitted by the LDC,
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SECTION VII
PLATTED LELY BAREFOOT BEACH UNIT #1
BEACH GARDENS A through K
7,1 PURPOSE
The purpose of this Section is to establish development regulations for Platted Lely
Barefoot Beach Unit #1, Beach Gardens A through K.
7,2 USES PERMITTED
No building or structure, or part thereof, shall be erected altered of used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
Each beach garden area shall be owned and used in common by the owners
of the abutting single family home sites. Permitted improvements include
landscaping, swimming pools, shaded sitting areas, picnic facilities and the
like, All structures lying seaward of the State Coastal Control Line require
issuance of a variance by the State Department of Natural Resources and
Collier County Environmental Services Staff for construction seaward of the
CCSL.
7.3 MINIMUM SETBACKS
No specific setback standards are set for the structures and facilities which are
ancillary to permitted recreational and ornamental usage of the beachfront common
sites, but all structures to be erected within the beach front commons shall be
located so as to pose the least possible view obstruction or privacy invasion to
residential sites adjoining the commons. Prior to improvement of a beachfront
commons, the improvement plan including topographic modifications, structural
facilities location, landscaping, etc, shall be approved by the Community
Development Administrator who shall insure that the plans comply with the terms
of the RPUD Ordinance and other applicable governmental regulations.
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SECTION VIII
PLA TTED LEL Y BAREFOOT BEACH TRACT BF
BEACHFRONT COMMON OPEN SPACE
8.1 PURPOSE
The purpose of this Section is to establish development regulations for Platted Le1y
Barefoot Beach Unit #1, Tract BF,
8,2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
No structures are permitted, This beachfront strip of land shall be devoted to
customary beachfront recreational usage.
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SECTION IX
TRACT D: LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT
9,1 PURPOSE
The purpose of this Section is to establish development regulations for the area
indicated on Exhibit "A" as Tract D: Low Density Single Family Residential.
9.2 MAXIMUM DWELLING UNITS
A maximum of four single family dwelling units may be constructed in this Tract.
9.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
Single family residences.
B, Accessory Uses:
(1) Customary accessory uses and structures including private garages,
(2) Signs as permitted by the LDC.
9.4 REGULATIONS
9.4,1 GENERAL:
All yards, setbacks, etc, shall be in relation to home site boundaries,
9.4.2 MINIMUM LOT AREA:
6,000 square feet.
9.4.3 MINIMUM LOT WIDTH:
60 feet.
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9.4.4 MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard
is also an easement in which utilities, walkways, etc, may be installed.
B. Yards which abut an access drive right-of-way which extends westerly
from Lely Beach Boulevard: 10 feet.
C, Yards which abut an adjoining home site: 71/2 feet.
D, Yards which about beachfront common open spaces: none.
E. Gulf front yards: no structure may extend gulfward of the line approved
by the Trustees of the Internal Improvement Fund as a variance to the
State Coastal Setback Line, approved by the Florida Department of
Natural Resources (Governor and State Cabinet) on 12/17/74.
F. Preserves: All principal structures constructed after December 2005
shall have a minimum setback of 25 feet from the boundary of any
preserve. Accessory structures constructed after December 2005 shall
have a minimum 10 foot setback. Structures existing prior to the
adoption of this RPUD Document shall not be required to meet the
preserve setback requirements,
9.4,5 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
A. One story- 1,200 square feet of living area, exclusive of garages or
unenclosed patios, decks or porches.
B, Two story- 2,000 square feet of living area exclusive of garages or
unenclosed patios, decks or porches,
9.4,6 OFF-STREET PARKING REQUIREMENTS:
Two parking spaces per single family residence,
9.4.7 MAXIMUM HEIGHT:
Two stories above the mmlmum base flood elevation ordinance
requirements, When the first habitable floor is raised a sufficient height
above ground level to permit the underbuilding area to be used for
automobile parking and other utilitarian purposed, that underbuilding area
shall not be deemed to be a story.
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9.4,8 STRUCTURAL REQUIREMENTS FOR RESIDENCES:
Special structural requirements designed to protect beachfront residence from
storm tide and wave damage are incorporated in the State of Florida
approved protective covenants for the Lely Barefoot Beach project as
contained in Coastal Setback Line Variance #74-75- V 40, These
construction standards shall be applicable to all residences developed in Tract
D,
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SECTION X
TRACTS H and I
SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT
10.1 PURPOSE
The purpose of this Section is to establish development regulations for the areas
designated on Exhibit "A" as Tracts E, F, G, H, and I: Low to Mid-rise Single or
Multiple Family Residential.
10.2 SITE PLAN APPROVAL REQUIREMENTS
See Section 2.5
10,3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part for other than the following:
A, Principal Uses:
(1) Detached single family residences.
(2) Attached single family residences such as villas, zero Iodine homes,
c1usterhomes, townhouses, etc,
(3) Two family residences,
(4) Multiple family residences.
(5) Common recreational areas,
B, Accessory Uses:
(1) Customary uses and structures,
(2) Signs as permitted by the LDC m effect at the time permits are
required or requested.
(3) Model dwelling units shall be permitted in conjunction with the
promotion of the project. Such model dwelling units shall be
converted to privately owned dwelling units at the end of a two-year
period unless otherwise specifically approved by the County.
(4) Docks, either individual or common,
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10.4 MAXIMUM PERMITTED DWELLING UNITS
Tract H:
Tract I:
136 units
30 units
The maximum number of dwelling units permitted on individual Tracts H and I
may be increased, provided that the gross project dwelling unit maximum of 750
units is not exceeded,
1 0,5 REGULATIONS
10.5.1
GENERAL:
All yards, setbacks, etc. shall be in relation to the individual tract or parcel
boundaries.
10.5.2
MINIMUM LOT AREA:
6,000 square feet for detached single family dwellings.
4,000 square feet per dwelling unit to two family structures,
3,000 square feet per dwelling unit for three or more dwelling unit structures,
10,5.3
MINIMUM LOT WIDTH:
60 feet for single family dwellings;
100 feet for two or more family dwellings;
10.5.4
MINIMUM LOT YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet. Required yards
abutting Lely Beach Boulevard are also easements within which
utilities, walkways, etc. may be installed,
B, Yards which abut a public or private street right-of-way other than Lely
Beach Boulevard: 10 feet of Y:z the building height, whichever is
greater.
C. Yards which abut an adjoining home site: 7Y:z feet or Y:z the building
height, whichever is greater - except for Bayfront Gardens Subdivision,
as recorded in Plat Book 14, Page 114-117 of the Public Records of
Collier County: 7Y2 feet.
D, Yards between adjoining buildings on the same site: 15 feet or Y:z the
sum of the building heights, whichever is greater, except that in the
case of clustered development wherein the site plan has been approved
by the appropriate Collier County agency, separation between buildings
may be less as depicted on the SDP,
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10.5.5
10.5.6
10.5. 7
10.5.8
10.5.9
17A'~--
E. Yards which abut beachfront common open space: none.
F. Waterfront yards other than gulf front: 30 feet or 12 the building height,
whichever is greater.
G. Rear yards other than waterfront: 25 feet or 12 the building height,
whichever is greater.
H. Preserves: All principal structures constructed after December 2005
shall have a minimum setback of 25 feet from the boundary of any
preserve, Accessory structures constructed after December 2005 shall
have a minimum 10 foot setback. Structures existing prior to the
adoption of this RPUD Document shall not be required to meet the
preserve setback requirements,
MINIMUM DWELLING UNIT FLOOR AREA:
Each residential unit shall have minimum floor area of 1,200 square feet.
MAXIMUM BUILDING HEIGHT:
A. Tract E, G, and H: four habitable floors, with the option of having one
floor of parking and associated non-habitable utilitarian space beneath
the first habitable floor,
B. Tract I: two habitable floors, with the option of having one floor of
parking and associated non-habitable utilitarian space beneath the first
habitable floor.
OFF-STREET PARKING REQUIREMENTS:
As required by the LDC in effect at the time permits are sought.
STRUCTURAL REQUIREMENTS FOR BEACH FRONT BUILDINGS:
Special structural requirements designed to protect beachfront buildings from
storm tide or wave damage are incorporated in the State of Florida approved
protective covenants for the Lely Barefoot Beach project as contained in
Coastal Setback Line Variance #74-75-V 40,
The mature, pristine mangrove forest of the north/northwestern reaches of
Tract H shall be preserved; prior to any construction the wetland shall be
flagged by the petitioner, the boundaries to be checked and subject to the
approval of the Environmental Services Staff.
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SECTION XI
TRACT LEL Y BEACH NORTH:
SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT
11.1 PURPOSE
The purpose of this Section is to establish development regulations for the areas
designated on Exhibit A and Exhibit C, Tract Lely Beach North: low and mid-rise
single and multi-family residential.
11,2 SITE PLAN APPROVAL REQUIREMENTS
Site plan approval shall be in accordance with Sections 2.5 and require field
inspection by County Environmental Services Staff to assure compliance with
Section 19. The Lely Beach North Site Plan Exhibit C prepared by Coastal
Engineering Consultants shall be considered the conceptual site plan for this Tract.
The site plan depicts building locations and alignments, unit distributions and
number of floors to accommodate open corridors and wide separation of unit
clusters,
11.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part for other than the following:
A. Principal Uses:
(1) Detached single family residences,
(2) Attached single family residences such as villas, zero lotline homes,
cluster homes, townhouses, etc.
(3) Two family residences.
(4) Multiple family residences,
(5) Common recreational areas,
B. Accessory Uses:
(1) Customary uses and structures,
(2) Signs as permitted by the LDC m effect at the time permits are
required or requested.
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(3) Model dwelling units shall be permitted in conjunction with the
promotion of the project. Such model dwelling units shall be
converted to privately owned dwelling units at the end of a two-year
period unless otherwise specifically approved by the County,
11.4 MAXIMUM PERMITTED DWELLING UNITS
TRACT: LEL Y BEACH NORTH 391 UNITS of the total number of units at build-
out, 20% shall be located east of Lely Beach Boulevard, If desired, units may be
transferred to Tracts H or 1.
11.5 REGULA nONS
11.5.1
GENERAL:
All yards, setbacks, etc. shall be in relation to the individual tract or parcel
boundaries,
11.5.2
MINIMUM LOT YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet. Required yards
abutting Lely Beach Boulevard are also easements within which
utilities, walkways, etc, may be installed,
B, Yards which abut an adjoining home site: 71f2 feet or 1f2 the building
height, whichever is greater.
C, Yards between adjoining buildings on the same site: 15 feet or 1f2 the
sum of the building heights, whichever is greater, except that in the
case of clustered development wherein the site plan has been approved
by the appropriate Collier County agency, separation between buildings
may be less, as depicted on the SDP,
D. Yards which abut beachfront common open space: none,
E. Preserves: All principal structures constructed after December 2005
shall have a minimum setback of 25 feet from the boundary of any
preserve. Accessory structures constructed after December 2005 shall
have a minimum 10 foot setback. Structures existing prior to the
adoption of this RPUD Document shall not be required to meet the
preserve setback requirements.
11.5.3
MINIMUM DWELLING UNIT FLOOR AREA:
Each residential unit shall have a minimum floor area of 1,200 square feet.
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11.5.4
11,5.5
11.5,6
11.5,7
17 A
MAXIMUM BUILDING HEIGHT:
Tract Lely Beach North: Six habitable floors with the option of having one or
two floors of parking and associated non-habitable utilitarian space beneath
the first habitable floor,
OFF -STREET PARKING REQUIREMENTS:
One and one-half paved parking spaces per unit and one-half space unpaved
or left in native vegetation set aside in reserve,
MAXIMUM DEVELOPMENT COVERAGE:
The maximum development coverage (i,e, buildings, parking lots, roadways
and driveways) as measured by impervious surface area shall not exceed
40% of the available upland area, The available upland area is measured
from the State Coastal Construction Setback Line and the west to the wetland
jurisdiction line to the east, excluding the required 60 foot right-of-way for
Lely Beach Boulevard,
TYPES OF UNITS:
The type of residential unit (multi-family mid-rise to six habitable floors,
attached or detached villas, townhouses, etc.) shall be left to the developer
provided that maximum coverage is not exceeded, and that the environmental
protection standards are met.
11.6 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
All activities in this tract shall be in accordance with construction, native
habitat protection, dune preservation and wetland preservations regulations
listed in Section XX.
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SECTION XII
TRACT: ACTIVE COMMUNITY RECREATION AREA
12,1 PURPOSE
The purpose of this Section is to establish development regulations for the area
designated on Exhibit "A" as Tract: Active Community Recreation Area,
12.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
Community recreation usage, including buildings which will accommodate
community, social, and recreational activities; outdoor recreation facilities;
parking and utilitarian facilities customarily associated with community
recreation areas, Prior to development of recreation areas, development
plans shall be submitted to and approved by the appropriated Collier County
agencies, which shall insure that the proposed uses and their physical
arrangement is appropriate, and that applicable County regulations are
complied with. The site plan approval process shall be that which is set forth
in the LDC at the time site plan approval is sought, in accordance with
Sections 2,5 and XX.
B. Additional Permitted Uses:
Additional Permitted Uses - Tract: Active Community Recreation Areas may
be used for the active recreational facilities (e.g" tennis courts, swimming
pools, etc,) for residents living at Lely Beach North and Lely Beach South
and such additional designees as may be designated by the owners of the
Active Community Recreation Area parcel, its successors or assigns. No
residential structures may be built in this Tract. Provided maximum
impervious surface and other land use requirements are met, this Tract may
also be used to meet the off-street parking requirements for adjacent
residential units located in Lely Beach North or Lely Beach South tracts.
C. Docks, boardwalks, observation piers or similar over water structures:
No approval is given at this time for any boat ramps, boat docks, hoists,
shoreline modifications or any other water oriented facilities. All such
matters shall be handled separately by all governmental agencies with
jurisdiction over waterfront development, at some future date,
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17 A
12,3 SPECIAL CHARACTERISTICS OF REVISED TRACTS
Tract: Active Community Recreation Area, is located at the site of former Little
Hickory Pass, The existence of the former Pass, the well-developed back-barrier
channels converging at this point, and the site's low elevation result in a high
potential for island breachment during a major coastal storm.
12.4 MAXIMUM BUILDING HEIGHT:
Two habitable floors.
12,5 MAXIMUM DEVELOPMENT COVERAGE:
The maximum development coverage (e,g, buildings, parking lots, roadways,
driveways, etc.) as measured by impervious surface area, shall not exceed forty
percent of the available upland area, The available upland area is measured from
the State Coastal Construction Setback Line in the west to the wetland jurisdiction
line in the east, excluding the required 60 foot right-of-way for Lely Beach
Boulevard,
12.6 MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard is also
an easement in which utilities, walkways, etc, may be installed.
B, Gulf front yards: no structure may extend gulfward of the State Coastal
Construction Control Line,
C. Preserves: All principal structures constructed after December 2005 shall
have a minimum setback of 25 feet from the boundary of any preserve.
Accessory structures constructed after December 2005 shall have a minimum
10 foot setback. Structures existing prior to the adoption of this RPUD
Document shall not be required to meet the preserve setback requirements.
12,7 OFF-STREET PARKING REQUIREMENTS:
As required by the LDC in effect at the time permits are applied for,
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12,8 POLLING PLACES TO BE PROVIDED:
Upon request by the Collier County Supervisor of Elections, community recreation
facilities shall be made available as polling places,
12,9 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS:
All activities in this tract shall be in accordance with construction, native habitat
protection, dune preservation, and wetland preservation regulations listed in Section
Xx.
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17 A
SECTION XIII
TRACT: LEL Y BEACH SOUTH
13.1 PURPOSE
The purpose of this Section is to establish development regulations for the areas
designated on Exhibit "A" as Tracts Lely Beach South: low to mid-rise, single or
multi-family residential.
13.2 SITE PLAN FOR REVISED TRACT
The Lely Beach South Site Plan (Exhibit D) prepared by Coastal Engineering
Consultants, Inc. shall be considered the conceptual site plan for this Tract. The site
plan depicts development corridors (fixed), preservation areas (fixed), Lely Beach
Boulevard (fixed), and development footprints (flexible with respect to building
location and alignment within development corridor, unit type and distribution, and
number of floors, provided that the specific tract and corridor development
conditions are met).
SUB AREAS WITHIN LEL Y BEACH SOUTH
Lely Beach South has been divided into eight sub-areas; four development corridors
labeled DC-I through DC-4 on the Lely Beach South Site Plan and four
preservations areas as labeled. These sub-areas restrict development to specific
corridors based on island characteristics and prohibit development elsewhere. Their
purpose is to maximize retention/restoration of native coastal barrier habitats and to
provide for storm surgelbreachment channels,
13.3 SITE PLAN APPROVAL REQUIREMENTS
A. Site development plan approval shall be in accordance with Section 2,5 and
Section XX,
B, An entire development corridor is to be developed as a unified project and
may not be fractionalized,
13.4 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than following:
A. Principal Uses:
(1) Detached single family residences.
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(2) Attached single family residences such as villas, zero lotline homes,
cluster homes, townhouses, etc,
(3) Two family residences,
(4) Multiple family residences.
(5) Common recreational areas,
B, Accessory Uses:
(1) Customary uses and structures,
(2) Signs as permitted by the LDC III effect at the time permits are
required or requested,
(3) Model dwelling units shall be permitted in conjunction with the
promotion of the project. Such model dwelling units shall be
converted to privately owned dwelling units at the end of a two-year
period unless otherwise specifically approved by the County.
13.5 MAXIMUM PERMITTED DWELLING UNITS
Corridor Units
DC-1 60
DC-2 15
DC-3 12
DC-4 10
Total 97
The maximum number of dwelling units permitted on individual corridors may not
be increased. Dwelling units may be transferred to Tracts Hand 1.
13.6 REGULATIONS
13.6.1
GENERAL:
All yards, setbacks, etc, shall be in relation to the individual tract or parcel
boundaries,
13.6.2
MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet right-of-way,
Required yards abutting Lely Beach Boulevard are also easements
within which utilities, walkways, etc, may be installed.
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B. Yards which abut beachfront common open space: none,
C, Waterfront yards other than Gulf front: 30 feet or one-half the building
height, which ever is greater.
D, Rear yards other than waterfront: 20 feet or one-half the building
height, whichever is greater.
E, Preserves: All principal structures constructed after December 2005
shall have a minimum setback of 25 from the boundary of any preserve,
Accessory structures constructed after December 2005 shall have a
minimum 10 foot setback. Structures existing prior to the adoption of
this RPUD Document shall not be required to meet the preserve setback
requirements.
13.6.3
MINIMUM DWELLING UNIT FLOOR AREA:
Each residential unit shall have a minimum floor area of 1,200 square feet.
13.6.4
MAXIMUM BUILDING HEIGHT:
A. In DC-3 and DC-4: five habitable floors, with the option of having one
or two floors of parking and associated non-habitable utilitarian space
beneath the first habitable floor.
B. In DC-1 and DC-2: Six habitable floors, with the option of having one
or two floors of parking and associated non-habitable utilitarian space
beneath the first habitable floor.
13.6,5
OFF-STREET PARKING REQUIREMENTS:
One and one-half paved, one-half unpaved, landscaped or left III native
vegetation set aside in reserve.
13,7 MAXIMUM DEVELOPMENT COVERAGE
The maximum development coverage (e,g. buildings, parking lots, roadways, etc.)
as measured by impervious surface area, shall not exceed:
DC-1
DC-2
DC-3
DC-4
Max Coverage
50%
50%
45%
35%
Corridor
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Percent measurements shall be based on the available upland areas within the
particular development corridor from the State Coastal Construction Setback Line
to the west and the wetland jurisdiction line to the east, excluding the required 60
foot right-of-way for Lely Beach Boulevard,
13.8 TYPES OF UNITS
The type of residential units (multi-family mid-rise to six floors, attached or
detached single family villas, townhouses, etc,) and their individual development
corridors shall be left up to the developer provided that the maximum unit number
and development coverage specified for each corridor are not exceeded and all
construction and environmental protection standards are met.
13.9 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
All development in this tract shall be in accordance with construction, native
habitat protection, dune preservation and wetland preservation regulations listed
in Section XX.
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,...
SECTION XIV
PASSIVE COMMUNITY RECREATION AREA
14.1 PURPOSE
To provide special development standards within this area of dense, undisturbed
native habitats. Its low elevation and the fact that it is surrounded by wetlands and
by waters, makes land alteration highly undesirable,
14.2 LIMITED USES
Because of its ecologically valuable and environmentally sensitive characteristics,
this Tract will be used as a passive community recreation site (e.g, nature trails,
boardwalks, etc,), No residential units will be permitted in this Tract. The location
of some limited, low impact recreation facilities may be possible near the northern
end of this Tract provided that they are placed in the open or low plant cover
corridors and that the total impervious acreage does not exceed 10 percent of the
available upland area (outside of wetland jurisdiction lines). There shall be no
hardening of the Bay shoreline (e.g., seawalls, riprap). Site plan approval per
Sections 2,5, and XX shall apply,
14,3 NATIVE HABIT AT PROTECTION AND RESTORATION
A. The entire site shall be cleared of all exotics and be maintained exotic free by
the developer or homeowner association in perpetuity.
B. Recreational buildings, parking lots, water management facilities other than
discharge points will be located in open or low plant cover corridors. Native
species shall be retained as natural landscaping, Where native species must
be removed to allow for the construction of a building, parking area or the
like, they shall be transplanted to open areas,
C. Open spaces between any facilities shall be landscaped with retained and
transplanted native vegetation and supplemented with additional native
species. The objective of landscaping shall be to re-create natural coastal
barrier habitats that have been lost to exotic invasion and storm events.
D, All activities in this Tract shall be in accordance with any other appropriate
environmental protection standards listed in Section XX,
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..~
~ .~
SECTION XV
TRACT J: SINGLE F AMIL Y RESIDENTIAL DEVELOPMENT
15.1 PURPOSE
The purpose of this Section is to establish development regulations for a single
family residential unit.
15.2 MAXIMUM DWELLING UNITS
A maximum of one single family dwelling unit may be constructed in this tract.
15,3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
Single family residence.
B. Accessory Uses:
(1) Customary accessory uses and structures including private garage.
(2) Signs as permitted by the LDC,
15.4 REGULATIONS
15.4.1
GENERAL:
All yards, setbacks, etc, shall be in relation to home site boundaries, All
principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures shall have a minimum 10
foot setback.
15.4.2
MINIMUM LOT AREA:
6,000 square feet.
15.4,3
MINIMUM LOT WIDTH:
60 feet.
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15.4.4
15.4,5
15.4,6
15.4.7
15.4.8
17A
MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard
is also an easement in which utilities, walkways, etc, may be installed.
B. Yards which abut Bayfront Drive which extends easterly from Lely
Beach Boulevard: 10 feet.
C Preserves: All principal structures constructed after December 2005
shall have a minimum setback of 25 feet from the boundary of any
preserve. Accessory structures constructed after December 2005 shall
have a minimum 10 foot setback. Structures existing prior to the
adoption of this RPUD Document shall not be required to meet the
preserve setback requirements.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
A, One story- 1,200 square feet of living area, exclusive of garage or
unenclosed patios, decks or porches,
B, Two story- 2,000 square feet of living area exclusive of garage or
unenclosed patios, decks or porches,
C. Three story- 2,500 square feet of living area exclusive of garage or
unenclosed patios, decks or porches.
OFF STREET PARKING REQUIREMENTS:
Two parking spaces per single family residence.
MAXIMUM HEIGHT:
Three stories with a maximum highest point of roof to be 70-feet NGVD
including decorative elements, but excluding chimneys. When the first
habitable floor is raised a sufficient height above ground level to permit the
under building area to be used for automobile parking and other utilitarian
purposes, that under building area shall not be deemed to be a story.
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
A. All development in this tract shall be in accordance with construction,
native habitat protection, dune preservation and wetland preservation
regulations listed in Section XX.
B. Prior to County approval of any development orders or permits
authorizing site work on Tract J, the 1.01 acre portion of Tract J
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1 7 A~:t
identified in the EIS as Exhibit B dated 4/21/2004 with the FLUCFCS
Code of 612 - (for mangroves), and also depicted on the conceptual
site plan, must first be split consistent with County regulations and be
conveyed in fee simple to the Collier County Board of County
Commissioners in such a manner as to ensure the 1.01 acre section
will be preserved in its natural state allowing only removal of exotic
and nuisance vegetation,
C, A South Florida Water Management District permit modification shall
be required prior to issuing any building permits for single family
home. Original SFWMD permit # 11-00026-S.
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1 7 A"~~
SECTION XVI
TRACTS M, N & 0: MANGROVE PRESERVES
16,1 PURPOSE
The purpose of this Section is to establish development regulations for the area
designated on Exhibit "A" as Tracts M, Nand 0: Mangrove Preserves.
16,2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
Natural area preservation, No land modification or structures are
permitted,
16.3 DEEDING OF TRACT M, N, AND 0
Mangrove wetland tracts M, N, and 0 along with their associated open water
bottom lands shall be deeded to Collier County to ensure uniformity of resource
management and protection for the estuarine system of Little Hickory Bay,
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SECTION XVII
UTILITIES CONDITIONS
17.1 PURPOSE
The purpose of this Section is to set forth utilities conditions established by the
Collier County Utilities Division, Prior to approval of construction documents for
the tracts within the project, it must be determined through flow testing that
adequate fire flows are available to provide fire protection within the project. A
letter certifying that adequate fire flows are available, must be provided by the
appropriate local Fire Control District. If adequate flows are not available, the
developer will be required to comply with the provision of the current approved
RPUD Document regarding construction and operation of an on/site water storage
and pumping station.
17 .2 WATER AND SEWER
17.2.1
17.2.2
17,2.3
Central water distribution and sewage collection and transmission systems
will be constructed throughout the project development by the developer
pursuant to all current requirements of Collier County and the State of
Florida, Water and 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 purposes. All water and
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 water and sewer facilities within the project, the facilities
will be tested to insure they meet Collier County's minimum requirements at
which time they will be conveyed or transferred to the County, when
required by the Utilities Division, pursuant to appropriate County ordinances
and regulations in effect at the time conveyance or transfer is requested, prior
to being placed into service.
All construction plans and technical specifications and proposed water
distribution and sewage collection and transmission facilities must be
reviewed and approved by the Utilities Division prior to commencement of
construction,
All customers connecting to the water distribution and sewage collection
facilities will be customers of the County and will be billed by the County in
accordance with the County's established rates, Should the County not be in
a position to provide water and/or sewer service to the project, the water
and/or sewer customers shall be customers of the interim utility established
to serve the project until the County's central water and/or sewer facilities are
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17.2.4
17,2.5
17A
available to serve the project. For interim utility systems, a review of the
proposed rates and subsequent approval by the Board of County
Commissioners must be completed prior to activation of the water and sewer
facilities servicing the project. Rate review must be in full compliance with
applicable County Ordinances,
It is anticipated that the County Utilities Division will ultimately supply
potable water to meet the consumptive demand and/or receive and treat the
sewage generated by this project. Should the County system not be in a
position to supply potable water to the project and/or receive the project's
wastewater at the time development commences, the developer, at his
expense, will install and operate interim water supply and on-site treatment
facilities and/or interim on-site sewage treatment and disposal facilities
adequate to meet all requirements of the appropriate regulatory agencies,
An agreement shall be entered into between the County and owner, legally
acceptable to the County, prior to the approval of construction documents for
the proposed project, stating that:
a) The proposed water supply and on-site treatment facilities and/or on-
site wastewater treatment and disposal facilities, if required, are to be
constructed as part of the proposed project and must be regarded as
interim; they shall be constructed to State and Federal standards and
are to be owned, operated and maintained by the Owner, his assigns or
successors until such time as the County's Central Water Facilities
and/or Central Sewer Facilities are available to service the project.
Prior to placing the water treatment, supply and distribution and/or
sewage collection, transmission and treatment facilities into service the
developer shall submit, to the Collier County (Utility Rate and
Regulation Board) for their review and approval, a schedule of the
rates to be charged for providing processed water and/or sewage
treatment to the project area on an interim basis until the County's
central water and/or sewer facilities are available to serve the project.
b) Upon connection to the County's central water facilities, and/or central
sewer facilities, the owner, his assigns or successors shall abandon,
dismantle and remove from the site the interim water and/or sewage
treatment facility and discontinue use of the water supply source, if
applicable, in a manner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost to the
County .
c) Connection to the County's central water and/or sewer facilities will
be made by the owners, their assigns or successors at no cost the
County within 90 days after such facilities become available, The cost
of connection shall include, but not limited to, all engineering design
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17,2,6
17.2,7
17.2,8
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and preparation of construction documents, permitting, modification or
refitting of sewage pumping facilities, interconnection with County
central facilities, water and/or sewer lines necessary to make the
connection(s), etc.
At the time County central water and/or sewer facilities are available for the
project to connect with, the following water and/or sewer facilities shall be
conveyed to the County pursuant to appropriate County ordinances and
regulations in effect at the time:
1) All water and/or sewer facilities constructed in publicly owned right-
of-way or within utility easements required by the County within the
project limits and those additional facilities required to make
connection with the County's central water and/or sewer facilities; or,
2) All water and sewer facilities required to connect the project to the
County's central water and/or sewer facilities when the on-site water
and/or sewer facilities are constructed on private property and not
required by the County to be located within utility easements,
including but not limited to the following:
a) Main sewage lift station and force main interconnecting with the
County central facilities including all utility easements
necessary;
b) Water distribution facilities from the point of connection with
the County's central facilities to the master water meter serving
the project, including all utility easements necessary,
The customers served on an interim basis by the utility system constructed by
the developer shall be customers of the County at the time when County
central water and/or sewer facilities are available to serve the project and
such connection is made. Prior to connection of the project to the County's
central water and/or sewer facilities the developer, his assigns, or successors,
shall turn over to the County a complete list of the customers served by the
interim utilities system and shall not compete with the County for the service
of those customers. The developer shall also provide the County with a
detailed inventory of the facilities served within the project and the entity
which will be responsible for the water and/or sewer service billing for the
project.
All construction plans and technical specifications related to connections to
the County's central water and/or sewer facilities will be submitted to the
Utilities Division for review and approval prior to commencement of
construction.
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17,2.9
17,2.1 0
17,2.11
17.2,12
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,:11
The developer, its assigns or successors agree to pay all applicable system
development charges at the time that building permits are required, pursuant
to appropriate County ordinances and regulations in effect at the time of
permit request. This requirement shall be made known to all prospective
buyers of properties for which building permits will be required prior to the
start of building construction.
The County, at its option, may lease for operation and maintenance the water
distribution and/or sewage collection and transmission system to the project
owner or his assigns for the sum of $10,00 per year. Terms of the lease shall
be determined upon completion of the proposed utility construction and prior
to activation of the water supply, treatment and distribution facilities and/or
the sewage collection, transmission and treatment facilities. The lease, if
required, shall remain in effect until the County can provide water and/or
sewer service through its central facilities or until such time that bulk rate
water and/or sewer service agreements are negotiated with the interim utility
system serving the project.
Data required under County Ordinance No, 04-31 showing the availability of
sewage service must be submitted and approved by the Utilities Division
prior to approval of the construction documents for the project. The
developer shall submit a copy of the approved Department of Environmental
Protection permits for the sewage collection and transmission systems and
the wastewater treatment facility to be utilized, prior to project completion,
If an interim on-site water supply, treatment and transmission facility is
utilized to serve the proposed project, it must be properly sized to supply
average and peak day domestic demand, in addition to fire flow demand at a
rate approved by the appropriate fire control district servicing the project
area.
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/I' ,.
SECTION XVIII
PROJECT IMPROVEMENTS
18.1 PURPOSE
The purpose of this Section is to set forth the physical improvements which shall be
installed by the developer, or his successor in title.
18.2 IMPROVEMENTS
A. Pedestrian Bicycle Path: A pedestrian/bicycle path shall be developed
along the westerly edge of the main north/south access road, at the time that
the road is developed, The pedestrian/bicycle cart path may be located in
part within the road right-of-way and in part within the drainage and utility
easement which lies adjacent to the westerly edge of the road right-of-way,
B, Preservation of Existing Native Plant Material; Landscape Plan: Landscape
Irrigation and Maintenance Program: A basic project objective is to retain
the natural vegetative quality of this typical southwest Florida coastal area,
both through careful preservation of existing good native vegetation and
through relocation and/or importation of native plant materials, When
construction sites contain cabbage palmetto, seagrape, or other native plant
material which has a useful landscape purpose and the capability of being
transplanted, such material shall be transplanted to the project open spaces,
No modification shall be made to natural vegetation or to the land surface
gulfward of the westernmost residential development sites. When the
bayfront sites are developed, the existing shoreline and associated native
wetland vegetation is to be retained in its existing state. No seawalls shall be
constructed or other modification made to existing shorelines, Prior to the
issuance of any alternation permits, the development sponsor shall submit
detailed plans, including all pertinent data, to the Environmental Services
Staff for review and approval. Selective clearing of trees and other native
vegetation shall be exercised, Preservation areas, sensitive vegetation areas,
where development is excluded, protected trees, native vegetation, and other
desirable areas that are to be integrated into the landscaping shall be clearly
flagged or otherwise marked and a protective fence of a type acceptable to
the Environmental Services Staff shall be erected along the limits of
clearance lines of the limits of the protected areas. The fence shall not be
removed until such time as all site work is completed,
C. Roads and Drives: All project roads and drives, within approved right-of-
way, main north/south road, minor residential streets in the backbay portion
of the plan, and the beachfront cluster access drives, are to be commonly
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owned and maintained by the property owners' association, The construction
specifications of project roads and drives shall be as follows:
Main North/South Road: 26 foot pavement width within a 60 foot right-of-
way, aligned as shown on the Master Plan, The RPUD Master Plan indicates
that the meandering north/south access road extends from Bonita Beach Road
to the south boundary of the project. Vehicular access to the state owned
lands south of the Barefoot Beach project is to occur via this north/south
access road, No modification may be made to this road as planned which
would interfere with access to the state owned land to the south. Right-of-
way width may vary per Section 19,2.5 upon approval of the County
Engineer. Right-of-way location may vary up to 50 feet from either side
shown on Master Plan "A",
Beachfront Cluster Access Drives: 18 foot pavement width within a 50
foot right-of-way, aligned as shown on the Master Plan or on approved Site
Development Plans.
Backbay Roads: 20 foot pavement width within a 60 foot right-of-way,
aligned as shown on the Master plan or on approved site development plans.
Improvements in Bonita Beach Road Right-of-Way: The developer shall
provide a left turn storage lane at the project entry road, per FDOT design
requirements, as part of the initial project road improvements,
An extra travel lane shall be constructed by the developer at the entry gate,
permitting security checks without blocking traffic flow.
If and when a traffic light at the entrance intersection is deemed warranted by
FDOT, the developer or its successor in title shall contribute its pro-rata
share to the cost of the light.
Recorded Private Access Easement Extending from Bonita Beach Road
through Barefoot Beach Lands: The recorded easement extending
southerly from Bonita Beach Road through Barefoot Beach lands shall be
vacated prior to approval of construction plans or record plats for any
Barefoot Beach lots which are affected by said easement.
D. Street Lights: Street lights will be installed by the project sponsor in the
locations indicated on the approved subdivision plat and/or approved SDP, as
applicable, The project developer or the project property owners' association
reserves the right to install street lights at more frequent intervals. Street
light fixtures shall be ornamental, low intensity, and free of glare.
E. Stormwater Management: There shall be no project storm water collection
and distribution facility which connects directly with tide water. Any
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4 ''l'''lI
drainage crossing the north/south access road shall discharge into upland
mangrove, through which it shall sheet flow toward tide water. Detailed
plans and specifications for all water management features within the project
shall be submitted to and approved by the County as well as by any other
governmental agency with jurisdiction, prior to final plan approval. When
development of back bay waterfront homes or recreation areas occurs, no
seawalls shall be constructed and no other modifications shall occur to the
land at the waters edge or within ten feet of the mean high tide line except for
such boating related improvements as may later be authorized by all
governmental agencies with jurisdiction, No portion of the project area shall
be modified by an individual lot owner so as to drain directly to tide water.
F. Signs and Offstreet Parking Area Landscaping: Collier County regulations
dealing with signs and offstreet parking area landscaping shall be applicable
to the Barefoot Beach project.
G. Public Beach: Although not a part of this RPUD project, the Barefoot
Beach project sponsor has dedicated a tract of beachfront land to Collier
County for a public beach recreation use, The dedicated tract lies adjacent
and immediately north of the RPUD. The tract dimensions are 600 feet of
gulf frontage by 180 feet in depth, The north Collier County line is the north
boundary of the dedicated tract. In addition to the dedicated beachfront tract,
the Barefoot Beach project sponsor has committed to dedicate a tract of land
sufficiently large to accommodate a minimum of 100 off-street parking
spaces to serve the public beach, and to construct the off-street parking
facility, Commitment is hereby made that the off-street parking facility land
dedication and physical improvements are in accordance with County
approved plans and will be completed no later than June 4, 1986,
H. Anguilla Lane Access Limitation: There shall be no access from Anguilla
Lane into the condominium site,
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19.1
19,1.2
19.1.3
19.1.4
19,1.5
19,1.6
19.1.7
19.1.8
19.2
17 A
.. -
SECTION XIX
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
CONSTRUCTION STANDARDS:
All construction other than those listed in Section 19.3 in Lely Beach North,
Lely Beach South and Active Community Recreation Area shall occur
landward of the State's established coastal construction control line,
The special structural requirements designed to protect beach front buildings
from storm tides or wave damage, incorporated in the State of Florida
approved protective covenants for Lely Barefoot Beach, shall be applicable
to all structures constructed, Where these requirements differ from other
local, state and federal requirements in force at the time of construction,
those standards which offer the highest level of protection to residents shall
apply.
There shall be no hardening of either the Gulf or Bay shoreline (e,g, seawalls,
groins, riprap). Any shoreline stabilizations shall take place utilizing the
planting of native vegetation and/or the replacement of sand lost due to
erOSIOn,
Structures shall be clustered as conceptually shown on Exhibits C and D in
order to retain large open space areas for native habitat retention/restoration
and to keep open corridors for potential storm surge and island breachment.
All available under-building areas (i,e" areas not required for stairwells,
pilings, etc.) shall be utilized in meeting County parking requirements, At a
minimum, 30% of required paved parking spaces shall occur under the
buildings.
Structures shall be oriented in ways other than continuous shore parallel in
order to reduce their exposure to storm waves and winds.
The water management system shall be designed with no direct run-off to the
dune or wetland zone, Storm water shall be directed toward the center of the
development areas for percolation and treatment in roadside swales and the
like. If deemed necessary, spreader swales may be constructed in open
upland areas adjacent to wetlands provided their construction does not result
in the loss of native habitats. Storm water run-off systems must be designed
to prevent water from discharging directly into surrounding estuarine waters.
NATIVE HABITAT PROTECTION AND RESTORATION STANDARDS:
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19,2,1
19.2.2
19.2,3
19.2.4
19,2,5,
19,2.6
19,3
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4 "I1I!IfII
The entire development site (including development, preservation, and open
space areas) shall be cleared of all exotics and be maintained exotic free by
the developer or homeowner association in perpetuity.
Buildings, parking lots, and other associated development facilities shall be
located in development corridors characterized by exotic species or open and
devoid of established native plant communities. Facilities are to be sighted
outside the designated preservation areas oriented to avoid the clearing of
sensitive vegetation and remaining native habitats. Within the development
tracts, existing native species shall be retained as natural landscaping, Where
native species must be removed to allow for the construction of a building,
parking area, or the like, they shall be transplanted to open areas within the
development tracts or to the preserve or sensitive vegetation areas,
Extensive open space areas between residential unit clusters and other
development facilities shall be landscaped with retained and transplanted
native vegetation and supplemented with additional native species. The
objective of landscaping shall be to re-create natural coastal barrier habitats
that have been lost due to exotic invasion and storm events, To this end,
major landscaping areas shall be designed to replicate natural areas with
respect to species composition and distribution (e,g, overstory trees and
native ground cover/shrubs).
Since the objective of site planning and landscaping is to cluster structures in
order to leave large open space areas where native habitats can be
retained/restored, in no case shall sodded areas exceed thirty percent of the
pervious tract acreage.
Right-of-way Cleaning for Lely Beach Boulevard and Location of Paved
Roadway: to maximize retention of native foliage, a forty foot right-of-way
may be allowed on Lely Beach Boulevard when recommended by the County
Environmental Services Staff and approved by the County Engineer.
In addition, where approved by the County Engineering Department,
following recommendation by the Environmental Services Staff, the paved
roadway shall be located within the right-of-way corridor that is aligned to
maximize the retention of the existing native vegetation,
Where required yards and setbacks include native vegetation, the native
vegetation shall be retained,
DEFINITIONS AND STANDARDS FOR DUNE PRESERVATION ZONE:
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19.3.1
19,3.2
19,3.3
19.3.4
19,3,5
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PURPOSE
A dune preservation zone has been designated on the revised master plan and
included in the RPUD Document in order to highlight the importance of the
Lely Barefoot Beach dune area in storm damage prevention and to emphasize
the need for its restoration and strict protection.
BOUNDARIES
The dune preservation zone shall run from the south line of Tract D to the
south end of Lely Barefoot Beach, and encompasses the entire area seaward
of the State Coastal Construction Setback Line,
PERMITTED ACTIVITIES WITHIN NEW TRACT
The dune zone is set up solely for the restoration and protection of the Lely
Beach dunes, For this reason only activities strictly related to this function
are permitted. No structures or facilities other than dune crossovers are
allowed.
CONSTRUCTION STANDARDS
Dune crossovers to be located within this preservation zone are to be
designed and constructed according to standards of the DEP Division of
Beaches and Shores, Dune crossovers shall end with stairs intersecting the
beach just seaward of the natural or restored vegetation line, No excavation
shall be permitted in this zone other than that required for the removal of
exotics, the restoration of the dune zone, or the construction of dune
crossovers,
NA TIVE HABIT A T PROTECTION AND RESTORATION
A, The entire preservation area shall be cleared of all exotics and be
maintained exotic free by the developer or homeowner association,
Exotic plant clearing shall take place in concert with dune restoration
activities.
B. The dune preservation zone shall be restored to replicate its natural
form. Dune restoration shall be accomplished by and according to a
plan prepared by a qualified and approved habitat restoration specialist.
C. The dune restoration program shall consist of regrading the site (with
the addition of supplemental sand where necessary) to duplicate natural
southwest Florida dune profiles and planting the foredune area with sea
oats (no less than 80 percent cover) and other associated native
foredune species (not to exceed 20 percent cover), Backdune areas
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19,3,6
19,3,7,
19.3,8,
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shall be planted with native backdune shrubs and trees in such a way as
to replicate natural species distribution. Where native dune species
exist, they shall be retained or transplanted prior to grading and shall be
replanted thereafter.
D. The habitat restoration specialist selected for the project as well as the
detailed dune restoration program and plans shall be reviewed and
approved prior to construction by the County Environmental Services
Staff.
DEFINITIONS AND STANDARDS FOR WETLAND PRESERVATION
ZONE
A. All jurisdictional wetlands located outside of Tracts M, N, and 0 shall
be considered to be part of the wetland preservation zone, This
designation highlights the importance of the wetlands and the need for
their preservation,
B. Trimming and pruning of live wetland plants shall be prohibited
without first obtaining appropriate federal, state, and local approval.
C, Land modification or structures shall be prohibited within this zone
except for nature trails or boardwalks,
D. Jurisdictional surveys indicate a pocket of stressed wetland vegetation
exists within the interior of Tract Lely Beach North, It is understood by
all parties that the Sections 19,3,6, A through C above, shall not apply
to this isolated pocket. The developer, or its assigns, may undertake
steps to obtain State, Federal and County permits to fill this isolated
pocket of wetland. Upon receipt of permits this area can be utilized for
building in accordance with Section IX requirements.
All activities relating to Section 19.3,1 through 19,3.6 will be coordinated
through the Collier County Environmental Services Staff during
development. Contact concerning these development activities will be the
responsibility of the developer.
Effluent released by the sewage treatment plant will be monitored by the
developer. After build-out monitoring requirements shall be transferred to
the homeowners' association to assure minimum impact on Little Hickory
Bay, Parameters to be monitored will be set by the Environmental Services
Staff and effluent standards in DEP regulations,
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.,/11
SECTION XX
ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS
20.1 PURPOSE
The purpose of this Section is to set forth standard requirements of the
Environmental Advisory Council relative to site clearing, retention and
reinforcement of native vegetation, elimination of exotic plants, and archaeological
or historical site protection.
20.2 STIPULATIONS
A. Lely Development Corporation shall be subject to the LDC (or the
tree/vegetation removal ordinance in existence at the time of
permitting), requiring the acquisition of tree-removal permit prior to
any land clearing. A site clearing plan shall be submitted to the
Environmental Services Staff for their review and approval prior to any
substantial work on the site. This plan may be submitted in phases to
coincide with the development's schedule, The site clearing plan shall
clearly depict how the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities have been oriented to
accommodate this goal.
B. Native species shall be utilized, where available, to the maximum
extent possible in the site landscaping design. A landscaping plan will
be submitted to the Environmental Services Staff and the Building
Department for their review and approval. This plan will depict the
incorporation of native species and their mix with other species, if any,
The goal of site landscaping shall be the re-creation of native vegetation
and habitat characteristics lost on the site during construction or due to
past activities.
C. All exotic plants, as defined in the LDC, shall be removed during each
phase of construction from development areas, and preserve areas,
Following site development, a maintenance program shall be
implemented to prevent reinvasion of the site by such exotic species,
This plan, which will describe control techniques and inspection
intervals, shall be filled with and approved by the Environmental
Services Staff and the Building Department.
D. If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator
is discovered, all development at that location shall be immediately
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~ .'."""'.
stopped and the Environmental Services Staff notified. Development
will be suspended for a sufficient length of time to enable the
Department, or a designated consultant, to assess the find and
determine the proper course of action in regard to its salvageability,
The Environmental Services Staff shall respond to any such notification
in a timely and efficient manner so as to provide only a minimal
interruption to any constructional activities,
E. The mature, pristine mangrove forests of the north/northwestern
reaches of Tract H shall be preserved; prior to any construction the
wetland shall be flagged by the developer, and the boundaries shall be
checked subject to the approval of Environmental Services Staff.
F, At the time of permitting, Lely Development Corporation shall satisfy
all county, state, and/or federal stipulations concerning protected
species that may be found on site (i.e" gopher turtles (gopherus
polyphemus), osprey (pandion haliaetus).
Q, Lely Development Corporation shall investigate transplanting various
native plant elements for use as landscaping (i.e., sable palms, strangler
figs, etc.),
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T ABLE I
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RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE-FAMILY or MULTI-FAMILY
SECTION III - UNIT #1 BLOCKS A THROUGH K
Maximum Dwelling Units 91 single-family home sites. See Section 1II for detailed reauirements,
Minimum Lot Area Area of that lot, as platted, See Section 1II for detailed reauirements.
Minimum Lot Width As shown on the plat. See Section 1II for detailed requirements,
Front Yard Setback 25 feet unless noted, See Section 1II for detailed requirements,
Side Yard Setback 7'h feet unless noted, See Section 1II for detailed requirements.
Rear Yard Setback See Section 1II for detailed requirements,
Minimum Floor Area 1 story - 1 ,200sf ; 2 story - 2,000sf. See Section 1II for detailed requirements,
Maximum Height 3 stories with a maximum of 70 feet. See Section 1II for detailed requirements.
SECTION IX - TRACT D
Maximum Dwelling Units 4
Minimum Lot Area 6,000 square feet
Minimum Lot Width 60 feet
Front Yard Setback 25 feet unless noted, See Section IX for detailed reauirements,
Side Yard Setback 7'h feet unless noted, See Section IX for detailed reauirements,
Rear Yard Setback See Section IX for detailed requirements,
Minimum Floor Area 1 stOry - 1 ,200sf ; 2 stOry - 2,000sf. See Section IX for detailed requirements,
Maximum Height 2 stories, See Section IX for detailed requirements.
SECTION X - TRACTS H AND I
Maximum Dwelling Units 166 unless noted; See Section X for detailed requirements,
Minimum Lot Area See Section X for detailed requirements,
Minimum Lot Width 60' for single-family dwelling; 100' for two or more family dwelling, See Section X for detailed
reauirements,
Front Yard Setback See Section X for detailed requirements.
Side Yard Setback See Section X for detailed requirements,
Rear Yard Setback See Section X for detailed requirements.
Minimum Floor Area 1,200 square feet. See Section X for detailed requirements.
Maximum Height See Section X for detailed requirements,
SECTION XI - TRACT LEL Y BEACH NORTH
Maximum Dwelling Units 391 unless noted; See Section XI for detailed requirements.
Minimum Lot Area 6,000 sauare feet
Minimum Lot Width 60 feet
Front Yard Setback See Section XI for detailed requirements,
Side Yard Setback See Section XI for detailed requirements,
Rear Yard Setback See Section XI for detailed requirements,
Minimum Floor Area 1,200 sauare feet; See Section XI for detailed requirements.
Maximum Height Six floors; See Section XI for detailed reauirements,
SECTION XIII- TRACT LEL Y BEACH SOUTH
Maximum Dwelling Units 97 unless noted; See Section XlII for detailed requirements.
Minimum Lot Area See Section XIII for detailed requirements,
Minimum Lot Width See Section XIII for detailed requirements,
Front Yard Setback See Section XlII for detailed requirements,
Side Yard Setback See Section XlII for detailed reauirements,
Rear Yard Setback See Section XlII for detailed reauirements.
Minimum Floor Area 1,200 sauare feet; See Section XlII for detailed requirements,
Maximum Height See Section XlII for detailed reauirements,
SECTION XV - TRACT J
Maximum Dwelling Units One; See Section XV for detailed reauirements.
Minimum Lot Area 6,000 sauare feet; See Section XV for detailed requirements,
Minimum Lot Width 60 feet; See Section XV for detailed reauirements,
Front Yard Setback 25 feet unless noted, See Section XV for detailed requirements.
Side Yard Setback 7'h feet unless noted, See Section XV for detailed requirements.
Rear Yard Setback See Section XV for detailed requirements,
Minimum Floor Area 1 stOry - 1 ,200sf ; 2 story - 2,000sf, ; 3 story - 2,500sf. See Section XV for detailed requirements,
Maximum Height 3 stories with a maximum of 70 feet. See Section XV for detailed requirements,
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TABLE II
SUMMARY OF LAND USE
PLATTED AREA MAX # UNITS # OF UNITS # UNITS
APPROVED BUlL T REMAINING
Unit #1 91 73 18
Beach Gardens
Blocks A through K
Unit #1 0 0 0
Tract "A" - Gatehouse
Unit #1 0 0 0
Tract "B" - Community
Recreation Center
Unit #1 0 0 0
Tract "C" - Landscape
Entrance Drive Strip
Tract "BF" 0 0 0
Beachfront Common
Open Space
Tract "D" 4 4 0
Tracts "H" and 136 82 54
"I" 30 24 6
Tract Lely Beach North 391 348 43
Tract Active Community 0 0 0
Recreation Area
Tract Lely Beach South
DC-1 60 15 45
DC-2 15 0 15
DC-3 12 0 12
DC-4 10 0 10
Passive Community 0 0
Recreation Area
Tract "J" 1 0
Tracts M, N & 0 0 0 0
Mangrove Preserves
Residential Tracts 750 546 204
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57
SECTION XXI
PROTECTIVE COVENANTS
AS PER Official Records Book 869, Pages 1961 through 1971
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58
EXHIBIT "F"
SETTLEMENT AGREEMENT
PURPOSE:
The purpose of this Section is to include and make part of this pun the settlement
agreement as attached; established December 19, 1985 between The
Conservancy, Inc, and Lely Estates, Inc,
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59
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_.._-~. P9' the IL~ol d.o.rlp~l~ ot~'chod
.....u.. _4 \......\_ t.-ftlllLl ."'........-
...1:a~1. ~l.nll ~ ..U I...., .,. _I ~
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......."t.t. r...'''.ll.... t1.... tl,nl. ..... c:"'t\.,." ".,....., ..
hll~.L" ..l forth.
NOW. THtRtTO':, t1tvtUO"tk horoby dacl.ral eblt tnD abov.
hll::rlba<l p'''l'''rty .,....U be n"U, lolli, on" con""yd o..Io)"ct 1:;..
tho tollowl"9 r".~rlctLona, eo..en.nta, ond condition., all of
Which are e.t&Allln~ tor the 1010 purpoae of onnaneinq ~n4
proteetlftg the valv., a~tr.etIY.ne.', en4 plelaAnt 11vin9
q~.lL\y ot ."a.t:T<X17 IJ:.I.CK. T\'lC'" covo....nu Ihell ",n "all tnD
lond unl... teraln.t.d II herein.rter ..t lorth ond 0"'11 ~
~jn41ng on 011 p.rtlal. whither ,r.nto.., ..rt'.'.... '.vl....,
heJ 1"1. ,eraonal repr...nt..t.lyt'S_ .1lCCDIIDr. Dr ..,1,IU, 01"
ony oLhar per.on clli.ing rl,ht. tJtl., or Jnt.relt, pre..nt
or fu~ur., Ln tho 'aocribad property. or any part or portio..
t.hat'Dof.
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Dt~IHITIC>H!. ~o u..4 herein .h. fOllevln, dafinition.
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cz:yt.l.Dpca .hlll .... ."d I'.t.r La tAl" tltatel, Inc., . T.....
eorporaL1Dft luLharllDd tD 'D ~.Lft... In r~Dr'd._ i~.
.~CCft..Dr. in DWnar&htp pr it. ...1,na.
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o,",lftl.h..ll ...." ."d rltler tD th. r.eord Olol',.,or. ",hc:l.hor
an. Dr rare per.Dn.. Dr" C'ntLthl, or tho too .1.p)c title to
Ut"1 f'ud Clt..t_ lnc)uaD~ wlthlr. 't.xhLbit ..- .tt.aehed herD'tD
and illcJudlnV thD~E h,lvJ"9 .Ion lntlu'Olt .erely ... .e-c\lt'lty foT'
the perlDr;ll.lln~D of an Dbll,.tlDn.
n.
A. 11>. lint n"or U"l.h.d olav.~lo" 'Dt' ro.16..,,~i.l u"lt.
_haU not. be )... O\.n "14.5 tl:at. ...1:.\'.0.. Th. .lc:v41'tlDn~ of
u,. bot.\.I:>" Dr t.ha .tt'..~t.u.r..l ~.&:ao.r' .uppartLl\9 t.ha f'lr."
llnl.hod floor. v1 th Lh. enD;>t.l"n Dr pllln9. .1>..11 boo "".
1... Lh.n "'l).D I... ~A" .... l.e....l datLlll..
'I. Tn... tr\lc~ur.' IDUh!O.at!gn:l t.tu:reof and Inicldl "9 . truc:t.ut'e.
lID' ,"U9Uph CI .h&.11 be oIe.l"ned by ." D"91"et,r 11l:e,...4
In u.. 5UU Dr r1Drlcl.. 'l'hD tOWlll.tlo" ."d prln<:lple
It,TYCUU'.' ..k.ll ba d..Jqned 'LD &ai.ly .,dt.h"t.A.nd t.h. olloct.
at . h...rLe..... lo._ "lnol of LCD r;oh .et.b.. at . point. )0'
tr.otl abo_ the ........9. .DrroWl~i"9 gro....d lav.l .. ..t.
tanh In the 1.te.t .41 tioll to tll. 10Oltn.C7I ltlllldln'1 t.o<I.,
bllthern ...l1.Hng I:Dd. CCln9nu Inurn..lD"ol. Inc. "".
.........uru .h.U be pll. '\IPflOrud wit.h pU. tip. n..t 1..11
t...... .lev.t.1o" 11\I.1111& a.D t.... !I.C.V.D.
Th. ._rat.r..et...... .h.ll 1M dlroctly .lIppcrtDd .iLhltf b)' CD"crnta
plHn1 Dr b)' C:O"cr.t.o =1...... If th. pLling. .... dlr.etly
......-.t.ad ~ \hoo ...,....tr.u.tor. tll.,- .h..U ,,"'t.and wJ thoat ."lJ"..
,... 1M \11- .h..a\l_ U U. ......nl... .( \ioI ....,..n .,~-.
Ir tho .Vp4Irotruct,uu 1.11 ."PP"rt..d Dr ...."creU colWllll. U..
ccl~ .h.ll bo oupportod b)' coner.t. pLl. c.p., the lop
.1...t.I". or "hl..h .h.ll be n" hlgh.r tha,. · ).0 ".C.V..... ..n4
the pIle ..ap.. .lIdl ... o..,po~.4 by ....neut. p111"9. .".. ...,..r-
. truC'rure ......port ....r. -- .l u..r co1u...... Dr pLl.l n, -- .n.11
h.... or.1"I..... .lll. 1IIOCl\Il..". Ole 12 heh... .hdl b. d.dp.d t..
.\llPport. t.h. prevllDu..l'1 &\..1:1"1>-o4..uP""C'.t.r"'et.....r. lD.4. co-.b1,._d
"Lt.l> . lot..ral l....d of !>,OIlO lbo. a th. .id&. ell_n.l.... Df t.hoo
-.. 1.>> l..' ~1'" ~ a_ _r at. .I.._t.l_ 11.6 ..C..V.D.
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qlfthtr t.h." , tOlft cl.ar dht.Ar'll:_.
c. I.)} &hLelEHng It.rue-tun:. belCW' t.h. loval 01 e1c.....tlon ..)).D
H...n s.. )..eve 1 .h.ll b. fr.n",l bl_ .no da. !q".d 1.0 b lD"" out ~ t.
. "I"d l...d ..r 'D "'Ph. T'aH.~Ln9' .h.ll ba 6..19""d t... r.ll
when t.nlt _urf_cD 1_ aubj.C\ t:..o .. urd..!D",- lo.~ at 4D lb.. 'PDT
..qu." loot..
D. ".a d..1'1" ."9In...r .lull certUy on the planD tar t.h.
.~ruC't:J" thlt the atrUe1:.UA n.. been d..l;n." in accord.nee
wLLh t.h~.. ro.~rl~t.10"0 and eono1deration ha. ~en Qlycn ~o the
o..i\l" Wa"" rore. N..lya1l oDrforwad by tha DcplrtllCn~ or "otural
A.IDur~2'. .~r~.u 0% ...rn~1 and ~naro., rccardcd an~ AttachDd
horeto ..a t:a:hll>Jt "C".
t. Thno rutrietlonl Ihlll apply to all rOlld~ntl.1 buildi",.
aAd oth~r It.ruet.ur.. or .10110. d~.19n 11fo loel~..d wj~h1" lh.
"'" d..erINd 1n tr:hli>1 ~ ".".
r. Th.ro ahl11 Do 110 e.e.~.tio" oClward of tho Co..t.l C..,,-
Itr"ct1on S.U....:k loin. .m1en wo\lld red"e. t.he ed.t.l,,'iI 9r..",.d
dune. ridge.. Thl. rcotrlctlDn .h.l1 "0: proclud. e..I.lt1an
lor plio f~~na.tlon.. util1tiDI, Dr non-per-.neftt ..clvAtlan..
~. A4dl~Jon.l d..d ro.tcJetlon. wh1cb aro not 1neo".10ten:
wi th tbo lboYO c""e.....ta I..d do not l.....r tbo .to"dlnll
..tabllohod by the.. r..trlttlo". .hll1 ~ot be proclud..,.
H. No eo"otruetloft .hlll be porftltt.ed o.ow.rd of tho pr~.rty
d..erlbad 1" t.h1blt ..., or 1n thOI. er... held 1n CONMDn
ownor.hlp ly1n9 w..t or th. eaa.tal Conotruc~lo" Setb.ck Ll~.
1n t.ho oyont Lhlt tho ea..tal Con.~r"ctl..n 5.~ba~k Llno
.otobll.h.d 1" Col11er County pureuo"t ~o Sect.lon lll.051
rlorldo St.otute., .hol1 ba ropaalad by 109101.~10n or dotoraLnod
unconotJtut10n.l or lnyalld by o"y Cour~ of ~..~.t.n~ ~url.dL<-
tJon and ouch dater.lnltl". hlo P.eD.. t1nLl Ind "ot .ubject.
~o turchar ~vdlclal revlev, the Co"o"e"t. end r..tr1etlon.
hlroln lat ..y b. Ibandonod by In ""'~ Dr I ...jorJ ty 01 tho "'",or.
or tho 1.no3 ..t farth L" tltnJblt ""..
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0,,1y Jf .pprh~od If'I wrltil'l" by tho rlDrL4, DOCll..rt....nt of ".UU,,.\
"J6~r~E. Dr ot.h.r SLa~D ~'Dh~Y ..ercl.lnq )urlld!ctJon D~Or
eo..~.l eo~.tructIDft and 1~ the v&T1.nc., Dr w..~cr. .r. alao
.ppro.ldl by lhe br:v1:.LD'P'tJL
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KOOITIC~TJDH or CDvtN~SI Tho DrvrLD~~" ~rGby r...tV.' tho
. I,M '0 UK. rouDnobl G ....,111". tlDnl tD th... ~....nt..
....tp' lor ~.etIDn' TI. ~ thrGV~h 1 lnelu.lv. and thl. ,...tlon,
Iroa t.I.. to Ll... .1th.r Uy ".Y ot a4dltlon., 4.1.UDI\., of
ch.n,u, 10 th..t 1 t ...y batter ...ur. the pt'DLeC'tlDn Df t.he
valwl. d.,lr&bllllY .~d .tt.rActJvDng.. at LhD .ubdl~i.loh. lhc..
C'OW'uuhlA .lira .uppl__nul to and Ind.pen.Dc"t or .ny lD"JrUh
pr...ftL or f~tur.. "( lh. COU"ty of Col1l.~. No v.rLAneo or
'Dnl..., ehu,., ~r.I tt.e by tho County .h.ll in .ny ",y be eon-
.tru.' to r~~c. Dr ~lfy ~be eDVOn&nta cantalhed her.ln.
IV
I.CcrnI.Hcr or CDvrHUlTI IT 1m DWlf~U I e.,,~. CIWlI~~. by ace'pt-
in, ,an int.r.. L 11'1 .any lDt., haretry and. t.h.r.by ".!Jr... t.D be
-."d Ity all thO :OftdltlDn.. lh,Lutlo"., nurvatlQftI. all4
r&.LrlellDftl ., cDft~&ln.d ~.r.ln, .~ 1~ the eYant of . breach
.qrcII tD pay 411 co.t., lft~ludln, I r.&&on~bl. ~ttQrn.r'l f...
tDr lh. .nlQ~c...at Df tn... tDVlhahtl.
v
~Oltll In tho .~.nt Df a ylolatlon or br.,~h of &"y of
tho.. r..:rl~tlv. ~ov.nant., tha D~~':~ or &ny 9ro~p of
ll~. 1'1 OWftoro ,h.l1 hay, tho rl,ht to prDcoe6 It 1... Dr In
equity to __1 "~llan... ..lth u... talWa h....,f Dr to pn...nt
t~. .1.l.:lon .r br..ch Df ."1 Df th.., Th. fallu.. :0 .nfDr...
any rJ,ht. rr..ry~t!on, r..Lrlc~lDft, CD~itlDft Dr 11.1~.~Joft
hlr.lb ~Dn~.ln.cf how-vcr 10ft, contlnued Ih.l1 not be d~...d .
WAiver Dt the rl,ht ~o dD .D therw.tter. Th. lnvalJd.tion by
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I CDurt. or ."'Y cO'"W'en.ant hc:ral1t. CDnt. Ln.d .h..ll not In .ny ".,.
..tt<K''t. any or the Dthor C'D"'anlntL "'hie" _hall ratu.ln 1,.. rut I
JOTe. and .floel. Any 6eSinquoftt OWM~l .,feol to p~y ·
r".D"..);)10 .\.t.orn.')' faa felT tna .,.,fDrcD..."t of tho.. u..
,..trlc:t.lonl.
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~hl. D.cl.r.tlQn of PrDt.ctlvl CDvan."t. ahall b. lncDrpor.t.~
in any Doc-l.r..t1oft at COftCol\Lnl\1J11 pert..J.nlhljJ to ~h. r..J oel:.lta
1ncluDDd wlth\n t.hlbLl ....
VrI
r...ch OwnDf ot tho. prDporty lo.w.rd Df t.h. COol.tal CDnat.ruf:t.1Dft
.s..tJMck Ll'" .h.ll notify the: SutD Dr r'Drida. Cep.lrt...,,,t.
of Hal-urAl Il...oun:... Ln lJ.rh.J.n, -Clf t.he 1.nt."t. to bu.1ld any
n:ru~tur. Dalward or the CD'It.al C:onlt.ruction 5elh.ck LinD. not
1... thlh 1~ d.y. prlor tc the :DandnCD~ftt D. .uch ~D~.tructlon.
Thh noU". oholl be o""ooponl.d by,l:_ 'IU of "onlt.r.."tl,,"
plon. .nd lpeclflCltlan. lor tho propo.o.s .truct..r.o,
eortlfl.d in Ic""rdAn". vlth ""tion J1 D of tho.. "ovonant.
by I prof.llbnll tIlq1nolf. r.,louro.s l.II tlwl 5~t& of floridA.
VJU
,.,..... "'r\ded Declarat.iDftI .ara .l..nt.a",d.d 't~ repl.t:. t.ka..
~llrltlon of ProUlct!YI c~antl ~t.d tho 'tn AIr of April. 1'"
ud Illd in OlficlAl ""cord _It 1ll p.,.. aU-PD' 01 the
plIbl1e ".cordo of Colllo. :"unty. r'lorld.&.
111 ItJTWtSS WIItll.tDr. t.tl.T crr...,.U, JIIC., II.. ,,"..o.d till.
_nhd D...l&utlon of Pro""ctl,,. Coyenant. to be .1",od by lu
IlIIl)' I..tllorlz.d olllcar InJ 1t. corporlt. ...1 dCb.d h.....to
thll -L. dlY of
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1 Kta.t:1Y CI:llTlr1 t.h.l an tnl. 4.y. bolan .... . Koury
PUb1ie duly .vlhorls.. 1ft Lko 'tat. .hd county ..-.d abave
ta t.k. -.ckhcvl.6q_nt.l. p.TIDnally .ppe.al"l'" tha .boVD "allC:i
CtlRtSTlMH W. DWt:KD1', waJ ~ knOW'n to .. t.D bo t.ha 'Pl!:rlOft
c..~rlbod '1 VicD-prolldont Dr thD .~V. n'MOD cDrpor.L1D~ wall
kn~ to .. to ba the por.o~ who OKoCUtD6 ~ftO fDrc901nq
D.cJ...r.tJoJlo 01 rrot.oll:tJ". Cttvo.u,nt.. In t.ho "."'l! D' .ncs for
'-hilt CO\'pDrAt.ion.
WI'nu:U .., "and .nt DtUc!.\ ....1 In t.... ""\O"ly .nll
&l..le .bc:lv. thl. l.L!.- day Df .'))) .1'~
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romTrCUu~n", 10. 11"7T5=r~ .
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e_neJn, *l lho Ilonho..t ""rur c( r.o.llon , 'Tv;>. O~ II? 'H
Lhone. ron " .,'1"01' W alDng tho north llno 01 ..Id 5~.tlon t lor
)'),1.') !..t tD & COI\CT~t. I:lan'U...nt ....rke~ -CJ\C: I'\QI\VWoent.-. "h~l\ca rUfa
, U':I'II'!: [Dr lat.'" h,..t, thonel '1:.11' II 7J')I'H" r: lor 71.11 [.at,
lho~. ron ~ "'~l'~" t lDr 2.DO ltot to tho PDlllt 01 Or~lnnln"
Thlneo , 1"'" 0' t 72.50 [..t,th.nu; run,-n"(7'U' t I"." looc,
Lhon..' H'Jl')" t 1".10 toot. \hneo C u.n'o,' t 'ilL" Ieee"
lhon.. '21''''01" t '00,0' rCill, tl:-:nc. 5 11'0'21' t '''.'1 :.n,
t..hc...1 "U'OO'H' t :25),11 tnt, \he",," J n't, '.0" t "',33 lect,
tllO""" ~ n'u').' t :2a~,'O lnt, tM""" C B'H'n" z: UI.S$ Cnrt,
lhon.. )t'n'H' t :101." tut, Lh~n"o S U"U',J' z: '01.'2 lDCt,
lhlt.1\CoI ll'n'H" t "\." hDt, \-Mn'" C '..U'2o" p; 1H.'0 {aOf"
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17A
1 7 A'k.
March 31, 2006
Attn: Legals
Naples Daily News
1 075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Dear Legals,
Please advertise the above referenced notice on Sunday, April 9, 2006, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
S incerel y,
Ann Jennejohn
Deputy Clerk
P.O.lAccount # 113-138312-649110
17A
-"
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, April 25, 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" RESIDENTIAL
PLANNED UNIT DEVELOPMENT KNOWN AS LELY BAREFOOT BEACH, FOR
PROPERTY LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 461.65+/- ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 77-48 AND 85-21,
AS AMENDED, THE FORMER LELY BAREFOOT BEACH PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
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 "Jff from a 1.74 acre utility site to a
.73 single-family residential development site and 1.01 acre mangrove
preserve area as well as amend the PUD document to bring it into
conformity with County requirements. Lely Barefoot Beach PUD consists
of 461.65 acres, Tract J 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, Florida.
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
17A
.0<It '.
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: Ann Jennejohn, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
'GolJ.pty-ofC()llier
CLERK OF THE-ClRCU:IT COURT
COLLIER COUNTY qC>URT.PfpUSE
3301 TAMIAMI nUlL EAtST
P,O. BOX 41~~044 '.
NAPLES, FLORIDA~~,410l-3044
-I
It
17 A;~'~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 31, 2006
Coastal Engineering Consultants, Inc.
Robert Andrea, AICP
3 106 S. Horseshoe Drive
Naples FL 34104
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 25, 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 9, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~M~.QC.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'Caq.p.ty-?fCollier
CLERK OF THB CIRCUIT COURT
COLLIER COUNTY CpURTijPUSE
3301 TAMIAMl nUlL EA<ST
P,O, BOX 41~~044
NAPLES, FLORIDA"~,1101-3044
-I
\';"'
17A
:-~j
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 31, 2006
Lely Development Corp.
8825 Tamiami Trail, East
Naples, FL 34113
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 25, 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 9, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~./Q.c.,
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
17A
Ann P. Jennejohn
To:
Subject:
legals@naplesnews,com
PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Attachments:
P U DZ -A-2004-AR-6283 ,doc; PU DZ -A-2004-AR-6283 ,doc
Good Morning,
Please advertise the attached on Sunday, April 9, 2006.
Thank you,
Ann
774-8406
PUDZ-A-2004-AR-6
283,doc (23 KB..,
PUDZ-A-2004-AR-6
283,doc (25 KB,..
1
17A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, March 31, 2006 10:48 AM
Ann p, Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT5064954.txt; PUDZ-A-2004-AR-6283, Lely Barefoot Beach
1!:1
~
r~~l
L::::-J
ATT5064954,txt PUDZ-A-2004-AR-6
(229 B) 283, Lely Bare,..
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
17A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, March 31,200610:48 AM
Ann p, Jennejohn
Delivered: PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Attachments:
PUDZ-A-2004-AR-6283, Lely Barefoot Beach
f,~ -,..~-...-: ~.? -. 'I
L:6
PUDZ-A-2004-AR-6
283, Lely Bare..,
<<PUDZ-A-2004-AR-6283, Lely Barefoot Beach>> Your message
To: legals@naplesnews,com
Subject: PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Sent: Fri, 31 Mar 2006 10:47:41 -0500
was delivered to the following recipient(s):
legals on Fri, 31 Mar 2006 10:47:49 -0500
1
t'""",__'_".''''V.,.,-.,-.-,._"<.~T--'.
PUDZ-A-2004-AR-6283. Lely Barefoot Beach
Page 1 of 1
17A
Ann P. Jennejohn
From: Regel, Dagmar [dpregel@naplesnews,com]
Sent: Monday, April 03, 2006 11 :21 AM
To: Ann P. Jennejohn
Subject: RE: PUDZ-A-2004-AR-6283, Lely Barefoot Beach
done
Dagmar Regel
-----Original Message-----
From: Ann p, Jennejohn [mailto:Ann.Jennejohn@c1erk,collier.fl.usJ
Sent: Friday, March 31, 2006 10:48 AM
To: legals@naplesnews,com
Subject: PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Good Morning,
Please advertise the attached on Sunday, April 9, 2006.
Thank you,
Ann
774-8406
<<PU DZ -A-2004-AR-6283 ,doc>> < <PU DZ -A-2004-AR-6283 ,doc>>
4/3/2006
r
17A
o
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
;~~:\':;f~;;', Harriett BushonJ
~. .. ,,/,
. {p" "f..~ t~YCjMMISSiON # DD23466? EXPIRES
.~~;,-.!l;;:~~f JIJ~' 24. 2007
," :;; ',~_:;\' r"',I:Fi) i H~lj :11('1 ;,ciN INSl%~NCE, INC
'., '
. NUTlCE OF INTENT re-
CONSIDER ORDINANCE
Notice Is hereby given
that, on TUESDA Y,~ April
25, 2005, In the oard.
roonl.!.~rd Floor, Admin-I
Istr.mm 'BUUdmlt,Col.
Iler countY Government
Center. 3301 East TamIa-
ml TralJ,N~tes, Florfda.
the Board of County
ClommllSloners will eon~
s der the enactment of
T.~ounty O'dln.nce,
IAI' meeting wi com.!
mence at 9:00 A,M. The
title of tile Pro....dO~ I
dlnance Is as fofIows:-
. ,i
AB N ADRROID NANCE OF THE
8 OF. COUNTY]
gCj,,(,~illJOcNJ~~T~F
F~til!.lp,t. AMEND/NOI
~r ~n~ NUMBER 04-1
COLLIER c!.'1I~'LIU~ 1
DSVEI.OPMENT CODE
WHICH INCL .
o .
INgR LA
TH COR ONA 10
A ~~R Ceo
I~G HEI"APPRO~iAfE
ZONING tVLAS MAP OR
rH~p~f ~INz'bt~~I~~
:CA'ft'o,'fHE HEREIN I
DESC IBED REAL PROp.
ERlY FROM "PUP" TO
"RPUP' RUIDINTlAL
PLANNIDUNIT PEVIL.
OPMI"T KNOWN AS
LELY BAREFOOT lEACH.
FOR PROPERTY LDCAT.
ED IN SECTION .. TOWN.
SHIP 48 SOUTH. RANGE
l5 EAS1'COUllftCOUN.
TY.. FLORIDA, CPNSIS.
TlNO aj:;'4 1.6!J+/.
ACRESL PROVIDING FOR
THE RkPEAL, OF OADI.
NANCE NUMBERS 77-48
~~f ~i~E~L~E~~~;
FOOT BEACH PUD; AND
BY PROVIDING AN EF-
FECTIVE DATE.
Pet It I onPU 0 Z. A; 2004.
AA-QU, LEI. Y DEVELOP.
MENT CORPORATION
rep....ented by eoutal
EnglneerlAQ Conlul.
tantl. Inc'l reqillelt an
am.ndmen to'-tne l.lly
Barefoot seach PUD by
revising the PUD docu-
ment and Maater' Plan
to amencl Tract "J" from
a 1.14 acre U~~,.~' to
~ti~t'~~m~i
site and 1.01 acre man.
grove pre.erve area as
well as amend the PUD
document to bring It
Into conformity with
County reQulrementl.
LIlY lar.foot 'each
PUD (ionil.tJ 01 411;'1
acres; Tract J II located
at the southwest corner
01 Barefoot Beach
Boulevard and Bayfront
Drive\. located In Sec-
tions ~ 5, 7, & .. Town-
Ihlp 48 South, Aange 25
!alt, Collier County,
Florloa.
Cop.11I of the prOPOfod
OrCUnance are ,on lie
wIth the Clerk to the
Board and are available
for InsDeCtlon. All Inter-
lIted'partl.. arelnvltld
to _lid and be heenl;
NOTE:, All persons wish.
Ing to speak on ,any
agernia Item must regis-
telr..~h the, Clou'!tY ild-
m ......to,,' or to P'"
lentatlon 0 theaaenda
Item to beadar....d.
'ndlvlduall~aklri, will
be limited to 5 mlnuttl
on any Item. ~. lelee-,
lIOn..,.. Individual 10,
IPeakon beha r Of an:
organization or group Is'
encouraged.' If recog-I
~z:tJl.~,;::I~:r. '
.roup or or..nlZ.tIPn
may be allotfld 10' mln-
ut.. to speak on an
Item.
Persons wishing to haw i
written or graphic ml-'
terlal, Included In the)
loard agenda paCkets
must.ubmlt said ma.!
terlal' a mInimum ',of J
weeks prior to the re.
spectlve public hearlng.
In an)! ease, written ma.
terlals Intended to be
con.lared by tn. .oord
shall be submitted to
the appropriate Oounty
staff a mlnlmurnof leV.
en days prior to the
public heaMng. All ma-
terial used In presenta-
tions before the Board
will become a perma-
nent part of tht-rt:Cord.
Any Ptrlon It,. decld.
u to apPtal 0 dacl.l.n.
of the BOard will need a,
record' of the proceed.
lnga- pertaining thereto
an.d trterefor,ei may'
need to ensure that a
verbatim record of the
proc;:eedlno.11 made..
Which record' ~ncludel
the testimony and evl-
'::= I~C:.lhICh thO
BOARD OF COUNTY
COMMISSIONERS
~~COUNTV,
~,
CHAIRMAN
DWIGHT E. BROCK.
CLERK .1 .
By,. Ann ~ohn,
DaoulY Clerk
I (SEAlJ
ADrll 9 No. 135IOS11
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporale Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida: that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper
timers) in the issue April 9th, 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 \:ontinuously 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
officc in ;-';aplcs, 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 dis\:ount, rebate,
\:ommission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
;l, ~)
( Signature of affiant)
Sworn to and subscribed before me
This April 10th, 2006
~lA" 'ft ~ Ri~1
( Ignature of notary public) 0
FW: AR-6283 Lely Barefoot Beach PUD amendment
Page 1 of 1
17A
Ann P. Jennejohn
From: martin_c [CeciliaMartin@colliergov.net]
Sent: Wednesday, April 05, 20062:29 PM
To: Minutes and Records; Brock, Mary; Johnson, Connie; Filson, Sue
Cc: ZoneMelissa; Bellows, Ray; Phillips, Sharon
Subject: FW: AR-6283 Lely Barefoot Beach PUD amendment
Sorry, per Trish it was to late to kill the ad. The ad will still run on Sunday, April 9th for the April 25th meeting. At the BCC meeting
on April 25th the item ""iIIJ:>ELCQotinJ,Jj:ld to May 23rd.
From: martin_c
Sent: Wednesday, April 05, 2006 2:08 PM
To: 'Minutes and Records'; brock_m; johnson_c; filson_s
Cc: ZoneMelissa; bellows_r; phillips_s
Subject: FW: AR-6283 Lely Barefoot Beach PUD amendment
Trish Morgan/Minutes and Records called and said would kill the ad and just change the BCC meeting date to the May 23rd date.
Per this E-mail, the BCC meeting date will only show as being advertised for May 23rd.
From: martin_c
Sent: Wednesday, April 05, 2006 1:27 PM
To: ZoneMelissa
Cc: 'Minutes and Records'; brock_m; johnson_c; filson_s
Subject: RE: AR-6283 Lely Barefoot Beach PUD amendment
If it goes past 5 weeks, it has to be readvertised. This is only 3 weeks, so no, it would just be continued. This would be continued
from April 25th to the May 23rd BCC meeting.
From: ZoneMelissa
Sent: Wednesday, April 05,20061:16 PM
To: martin_c; Carrel Danelle; RamirezHeather; phillips_s
Cc: bellows_r; student_m; 'Robert Andrea'; KlatzkowJeff
Subject: AR-6283 Lely Barefoot Beach PUD amendment
The BCC hearing for the above petition is being reschedule to the May 23rd hearing. Cece I was informed that if we reschedule
the BCC hearing w/in a 5 week time frame that we do not have to re-advertise. Is this correct?
Melissa Zone, Principal Planner
Collier County
Department of Zoning & Land Development Review
239-213-2958
2800 N. Horseshoe Dr.
Naples, FL 34101
4/512006
.._~,~..,,,.~~~.,~,._._,_~_~____..."_,_"""W~'''''''_.'''
.-",""",.,"'"-"&~.__....'-'"_.'.""-,._-'~
04/25/2005 10:24
23%435%8
COLLIER CTV ZONING
PAGE 02/10
COLLIER COUNTY n.ORlDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17A
To: Clerk to the Board: Please place the fol1owinR u a:
XXX Normal Legal Advertisemellt
(Display Adv., location, etc.)
Other:
.....*...W..W.*.............h..**.*..**.**.~*.v***.*.*..******._. * ******...******.***......***..*.*
Originating Deptl Div: Comm.Dev.Setv/PlanniTlS Person: Melissa Zone Date: '1 - 'd-. "'- ,,0 &
Petition No. (If none, give brief description): PUDZ-A-2004-AR-6283, Lei)' Bar
Petitioner: (Name & Address): Coastal Enitneering Consultants, Inc, Robert Andrea, AICP, 3106 S. Horseshoe Dr., 'Naples, FL 34104
Name & Address ot al'l)l person(:>) to be notified by Clerk's Office: (If more space IS needed, attach separate sheet) Lety Development
Corp., 8825 Tamiami Trail. 'FAst., Naples. FL 341 t 3
Hearing before Bee
BU
Other
Requested Hearlns date: ~av 23.2.006
Based on advertisement appearing 15 days before hearing,
New5papcr(s) to be used: (Complete onl)' if important):
XXX Na.ple5 Daily New$
Other
Legally Required
Proposed nxt: (Include Jeia1 descriptiol1 & common location & Size: ~tltioD: PUDZ.A-2004-AR-6283, Lely Development
Corporation represented b>< Coastal Eniineering Con$ultancs, Inc., request an amendment to the Lely Barefoot Beach pun by
rcvisioi the PUD document Clod Master Plan to amend Tract ".!" from a 1.74 ane utility site to Q .73 single-family residential
development site and 1.01 acre mangrove preserve area as well as amend thE puD document to bring it i'O:o conformity with Special
Environmental Protection Regulations by adding E"hibit "F" Agreement by and between the Conservancy, ITle., Lely Estates. InC. and
Collier County, Florida. Lely Barefoot Beach PUD consist of 461.65 acres, Tract J 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 Ea~t. Collier County, Florida,
Companion petitton(s), if 811)' & proposed hearing <late:
D()es Petition Fee include advertising cost? Yes
) 13-138312-649110
No If Yes, what account should be charged for advertismg costs:
Reviewed by:
A.pproved by:
Department Head
Date
County Manager
Date
List Attachments:
DISTRIBJ,fTJON INSTRUCTIONS
A. For hearings before BCe or BZA: Initiating person to complete one copy and obtain Divisilln Head approval before
!Iobmittbla to COllnt3' Manlger- Note: If legal document is involved, be ~ure that allY necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Managl:r. The Mauler's office wUl distribute copies:
B. Other hearings: Initiating Division head te approve and submit original to Clerk's Office. retaining a copy fer file.
County Muager a~end8 file; to Reque!lting Divillion
Original Clerk's Office
***~*w.....*....***.**.*.*~**..w**~***w**************~**.*.**.****************************************
l'OR CLERK'Sr:r ~SE Or/LY,
Date Re"',....' '1 2. 6 Det< of Publ;c hearing, ~ 0.10 Advcrtisod, #.4>
04/25/2005 10:24
23%435%8
COLLIER CTV Z[t..lH~G
.'.
PAGE 01/Hl
17A
..<' .:llt:'"
(i)
,.._-~._..'-' -....--...- -,..~,..
Ot1')lttment of Zonil'l:l anCl1..al'ld Oe~lopment RevIew
2600 Narttl Horu.hoe OTl'oIe
, Naples, Fiorlde 34104
(239) 403-2400
(239\ 54!-5968 Of (239) 21 3-2S16 FAA
. ..._ ...,'_,........,.._u."_..,...".~..,,',,,...........,......,,-,.
.' ..h.'- . ".~,..,.," .'.._n........ ,.. ',I ".~""." ......,..'-.,.:...',. ,..' ....-.. .,.,...... ..., . ...,... . .-., " "-' ",' . .
Fax
11 , . \ C'\A-' ,f\ . 'I
Tot ~,>rx....-~-:~~
Falm "-'-1 '-f.. <6lf 0 ~
Ph~ne:"'1l.j' -- '114 ~ ~ .
Re: '-:fu (yt.- A..-o'-L A R ....1.01- ~:..~ '
From
(1~
, tf / "2Slob
D.te~
PaS'"
c:c.
CJUrgent a Far R.meW 0 PIe..- Comment C1 Pl.... Reply 1:1 Please Recycle
.Com~
f L{.DL-.A .~O ~-. A ~ ..~'2 ~~
~"B4"*~
04/25/2005 10:24
2395435%8
COLLIER crv Z~jING
PAGE 03/10
17A
ORDINANCE NO. 06.,_
AN ORDNANCE OF THB BOARD OF COUNTY
COMMISSIOl'<"ERS OF COLLIER COUNTY, FLORrDA,
AMENDING SECTION XV ENTITLED TRACT J:
UTILITY SITE OF ORDINANCE NUMBER 77-48, AS
AMBNDED, AND ORDINANCB NUMBER &5-21, AS
AMBNDED, THE LEL Y BARFOOT BEACH pUD
CHANGING THE PERMITTED LAND USES ON
tRACT J FROM UTTLITY OR UTILITARIAN
FACILITIES TO SINOLS-FAMILY RESIDENTIM.. FOR
ONE DWELLING UNIT TOGETHER Wlnl
ACCESSORY USES AND ADDING REGULATION'S
FOR MINIMUM LOT AREA, MINIMUM LOT WIDTH,
MINIMUM YARDS. MINIMUM FLOOR A~,EA OF
PRNCJPAL STRUCTURES, OFF-STREBT 'PARKlliG.
MAXIMUM HEIGHT AND SPECIAL
ENVORNMENTAL PROTECTION REGULATIONS;
ADDING EXHIBIT "F" AGREEMENT BY AND
BETWEEN THE CONSERVANCY, INC., LELY
ESTATES, INC. AND COLLIER COUNTY, FJ...ORIDA;
AND BY PROVIDING AN EFFECrrvE DATE.
WHERiiAS. on Septembcl 9, 1977, the Board of County Commissioners approved
Ordinance Number 17-48, which es~!\b1ished the Lcly Barefoot Beach Planned Unit
Dcvclopm,ent; and
WHEREAS, on June 4, 19S5, the Board of County Commissioners approved Ordinance
Number 85-21, which reestablished the Lely Barefoot Beach Planned Unit Development Zoning
District while at the 91lmll time amended Ordinance Nlunber 77-48; and
WHEREAS. suhsequent to these dates amendments to the Lely Barefoot BeELOn Pla.med
Unit Development Zoning Dislrict wen: duly adopted by the Board of COUTlty Commissioners;
and
WHEREAS, Robert Andree. of Coastal Bngineering ConsultBIlt5, Inc., rep~esenting Lely
Development Corporation, petitioned the, Board of County Commi~~ioners to further amend the
Lely Barefoot Bellch PUD Ordinance.
NOW THEREFORE BE IT ORDAINED BY nIE BOARD OF COUNTY
COMM"ISSIONERS OF COLLIER COUNTY. FLORIDA that:
SECTION ONE:
AMENDMBNTS TO SBCTION XV, UTILITY SITE OF ORDINANCE
NUMBER 77-48, AS AMENDED, AND ORDNANCE NUMBER 85.
'1., AS AMENDBD, THE LEL Y BAREFOOT BEACH PUD
Section XV, entitled ''Utility Site" of Ordinance Number 77-48, as amended. and
Ordinance Number 85-21., as amended the Lely Barefoot Beach PUD, is hereby amended to read
ae follows;
TRACT J: YTIUTY 813 SIN9LE EAMlL Y RESIDENTIAL DEVELOPMENT
Words 8tRlSlt lbNusl1 ar~ deleted: wordR underlillAP ~re node<!.
l'qctof4
U4/2S!2005 18:24
23%435%8
COLLIER er( ZOt'HNG
PAGE 04/10
15.1 PURPOSE
17A
The purpose of this Section, is to establish development regulations for the area
designated on Exhibit "A" a..<; Tract J: \.'\t.iIi15' gite. Single FamilY. Residential
~
1 S.2 JslEE8 PBP.M{.T..::r~
--N-o bllilamg--iH :Miltewr8, iiII "art thlKeaf, I!IMll be ertetea. ..ltere~. er llile6;-*-km4
lti'led. il'l v~ 8r !18ft, fer .~et thea ltql .118 .;i~:
A. Pflnlli,aJ. T.Wtoe~
(1) Utilitllf'ilKl faeilities 81iQ~ III ~ett!!lE1s ll'liliFltmll.llet eE\\liplfteft{ s~er:ai~
Il~~:' ~ :::::."ru, ':",~er 8te~e fftnk~ .~tlll' l'iltkmSt &f
IlHnttllf"'-............. 11--'--: WKtuI. Pfler t8 \lM~II!JetU!lIl~~_~~~. ~
~ = :~ ~:f;et. s)taU 1ge $l~mi1ttfi, t8 ~ ~~:~ ~ ::
s: -El-I-- _.,-.. Ce1l4'~' agee.tIS, I"A'lI81i Bl\~~~::
pWl:n..~ ~es IIH ap~~Priet.e ell.. the sit'l tftQ". ~'. -*ea~i~~ ef fhe
platH~ ,.eftt6 19 8fJ~pnatll lOll .M ~ ~~~ ~~_~;: :::
Klatr1l1ed ,l\l'M'I'at'4t AllFeem:l\g, t\l@ l1E1eelleary fe,ulklg ea.'el' Ia.Mhteapmt
~ H\ltlaUed.
W MAXIMUM DWELLING UNITS
a maximum of one sill.llle.funilv dwellins unit mav he canstructccUn this tract.
tS.3 USES PERMIT.IJID
N~ ~uildinl!: or structure. or rim tbereof. shl\lJ...h; erectoo. allerc~ or used, or land
u~ed in wh-;;l~ Of part. for other tban the followi\l.~;
A J'rincinal \I&!'.1:.
s.ini1e family residence.
B. ~essarv U Sml;.
(l) CwtQmlll'V tl.ccessory usos and stnlcturcs inehHlinl! privatc ~aJl:~
(2) Si211S as pmnittod bv the Land Dc\'elo~ode.
!..SA REGULA.1:lQ.illi
15.4.1 GE:N"E~
All yards. setba.;k8~1l11 be in relation to nome site boundari~F' All princillal
and acecssorv s ro cs shall have a minimum setback of 25 feet from the
boundarY ()f any prcsen'e.
15.4.2 MINfMUM LOT AREA:
~oo s~are feet.
15.4,3 MrNTMt'M LOT..WID.IH:
Words tlfMk thRIll.!! are lIelered; word. under1jlWlaro ~(\d~c1,
PIlP 2 of "
- ._----
04/25/2005 10:24
23'35435%8
COLLI ER CTi ZON H~G
PAGE 05/10
17 A'
..... .~l>"
60 feet..
I ~.4.4 MTNllifiJM YARDS:
A.
Yards which abut Lely BOlich Bgylevard: 25 feet. which minimum va.rd
iulMl an casement in Whioh utilities. walkways. and the like may be
iM!:.~
a.
Yards which abut Bavfront Drive whi~h extends easterly from Lely
Boach ijouleyw 10 feet.
~
Pres~rvCS: All Drineioal ind accessorv struwres shall hsve a minimlJm
setback 0:03 feet from..tbe boundarv of anv pr~sctve.
1M.S
MINIMUM FLOOR. AREA Of PRINCIPAL STT<.UCTURES:
A.. One storv. 1.200 SQ,wre reet of tiyjO,Q: Il.rea. Elxclusive of ~arQ~
~osed patios. d~ks or Dorch~
B. 1\>.'0 storv..:...A.OOO Square feet of livine ar~1!. exCh.IS1VO of s:arage or
unenclosed patios. deck~ OJ potch~.
c. Thiee stOry. 2.500 square feet of living sreE!. exclusive of It!l.l'lllZe or
uIll!nc1oeeo natios. decks or porches.
15.4.6 OFF-STR~ET pARKING REOUIREMENTS:
I.wo parkinll: lln8Ces per sine:le familv residence,
15.4.7 MAXJMUM HETGHT:
Three stories with a Waximwn hi2hest point of roof to be 70-fect NOVD
i~cIUdiJ1g dQC~uati~; d~ents. but excludinlLchirnneY5. Whcub.!',\..Jll~
llabitable floor ill r.ai~ed a-s;;'fficient hli:itht above iJ'Ound level to Dennit the
un:.o~~Uild~~ area toi~ Wied for automobile parkine: and other utilitarian
m s. tb t under b~ildini are8 sball not be deemed \0 be a atory.
15.4,8 SPECIALJ!NVIRONMENTAl PROTECTION REGULATIONS.
&..
All devc~nrnent in this tract shall be in aocordance with construcdoo..
native h 'tal pratcction. dune preserve.lion and wetland oreservation
rogulation" H!tlld in Section XX.
~rjor to Count\' Il,pproval of any devBlopmlt:t'll order. or p<;nnits
r::~~:~ 5: :r~:n Tra: J. the 1.01 acre "ortlon. ~f Tract 1
=2 .n -- - v onmem l1nmact Statement as Exhll:11t B dated
. 'C 2004 with the FLUCFCS Code of61 f . (for manllToves). and
~~ d~J)ictcd on the cOllceptual site ulan. shan be ~1it CQnsistent with
o~tv rCl!.Ilations and be conveyed In....fn simple to the Colliet
Cou~~ ~o:~ of ~o~t; C;r;r::SSioncrs ~n stich Q manner as t~ enliut:e.
the lIe action i 1 b erved In its naturallltate 1l1loWln2 onI v
removal ofG:xotie and nuisance ve2~t9J,i.w)..
c.
~Uth :rida Water Manaeement District nermit modificatiooJQ
~ it N bet 11-00026.5 shall be reculred prior to issuing.illY
buildinll nerrnits foulte ~irlfle family homll.
Words ~ i1e" ._"llt't delated; wDrdlll~ (IrQ B<'\ood,
r\\ll"l3nf~
04/25/2005 10:24
2395435958
COLLIER en' ZONH1G
PAGE 05/n
SEC.nON TWQ: AMENDMENTS TO EXl-TTBrTS SECTION
ordinance Number 7748, a; lUnended. and Ordinance Number 85-21. as
amended, are hereby amended to add Exhibit "F", Agreement by and between TIle Conserv3JlCY,
Tnc.. Lely Estates, Inc. and Collier County, Flondadated December 11. 1985.
17A
SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon f.iling with the Department cfStatc,
PASSED AND DULY ADOPTED by super-majority \'ote by the "Board of County
Commissioners of Collier County, Florida. this ~ <lay of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF' COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Cl erk
BY:
FRANK. HALAS, CHAIRMAN
Approve,t lIS to form and
lega.l sufficiency
.J.:h7~~,;"~ -~~
Maljon . Student-Stirling ()
A!lsie.tant County Attorney
Words III'l:1.l{ t~relll!h are d,i.lf.d; wcrdll ~ ore added.
Plfle 4 of 4
04/2Ei/200b
10:24
..'I'
---
. .~. ~
" f
2395435958
COLLIER CTV ZONING
PAGE
07/B
.
-
I~ THE CU~COI'I C~U:p.';r'or 'riD!: '.!'\.IEN'fIETll JUD1.CIAL CIRC'J1:'t IN A}lt17 A
FO~ CO~+E~ CDU~T~, rLOR~~A
T~E CONSE~V~CYI I~C.
A Ni:lt-For-PJ;Ofit !'lcd-all Corp,. I
)
)
)
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I
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1
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c~s~ NO. BS-15il-~~-Ol
plIl.intHf I
vs..
~z~~ ES~A~S, ~NC.
A rlcrida corFor~tion
AND
em"LIt R COU~T"i I
A po~iti:al suboivision of th~
State of rlo~idat
DaZII1'\dan1:.5
J\G~~lIl'J:
The partieS, bY and. th.rouqh theil: 1Jf1,a.~5 ign~d. ;a,~t;orl".~'f~'
hereDY .qr~e ~o the follQ~in9 tarms and oonaitio~s:
:\.. State'lll~~' 'I!ha pla.intiff doe.s net e.ncOJ:'5e oe.v~lofln~l1e
of the :r..ely !>a.re.foot. 5e.a.ch [:oa.t; t.al ban .l.ar habitatS l)r,jr is: tot
inv=lve4 in ~he pl~iD9 ana d~v.l0?ment ~f thi$ site. Fu~~.er,
Pl&int~if'. a9reBm.n~s he~~in containe~ a.re solely i~~a~Q~~ ~c
ro.uce .d .ars. ""vir""""""" 1.."".eto '0 c....., "or d." row i ~,..
.na .r.,..... .e w.ll .. .. neter. tho,. ~.,.=.. t..~'... bl-
fo:roeS of r.a.t'~re. and/or 'huma.n abuse. o~l1e:t' aspect' of land us!
.,on.in. on' g""wtb m...qo~'" th.t or' vi thin ~h' no"".l purvi"
0: 'ilcvarnm!l.n1:s.~ :revie.... aJ'lQ pll!:r1lIitt.:i.ng: (e.g., nUIIWe:: of u1,il:.lO,
infra$~r~e~~re, traffic fl~w, hur~ie&pe .!~Ac~a~ion, ~tilitiea,
h", ,.e.), no' diroo'~' u~ota' '0 .,to..1 ",ou,'" pra..,tion,
I
er' o..,e'.'Y 'ef. '0 the r,,?,nsi."i'Y of tho collier ooun"
.0';< 0< County como,..io.ere on. thei' op.,opri..e ...t'. "is
un.,,"OOd "". ,g,..d ..t...n th. ."....,. th.' .... ""'oe"",,
coon" comol..ion. .t.er co,!""in. ... ro.iew o"d "c~e"d.t'O"
'of ,..ff, h.' .ha ra.~on.i'ilitY to Oe.o,ein' ,h' ...rop,i'"
._or 0' ,..ido.ti., ",ita ,or """"" """ ...eh Noreh .,," :.01,
BB&,ch ;O\lt.h.
Exhibit F
04/25/200~ 10:24
,I
/
I
2395435%8
COLLIER CrI Za..JIHG
PAGE 08/1J
...
Se/llc:;hf:r:ont ar-ella a.no'rnant;l;r:ova pre.st..r"as QU'l:.side t.he >.rea of
17A
ii!lr':.i c\ll a:r !;t1viro:1Tn!lll'l tal COI"l,cern. ':I.'h~se .ta.n~I5.Cd.$ ar~ El ttllLcheo
heret.o ~nC in~orp~.ated h~r.in as Exhibit D.
5 _ ' Il"JCot',!,orat.i.of'l of Sett.],ettle.nt st.a.neln.r~s. 'the: part.ie.s agree
~l',~t: la:nQ use a.n.;i e.nvironm~l"ltal standaraS oese:ribed in this
r>.grallme;'1t: ii1flC il'loorpo:rate!l3 as txh;..bit.s A. C, IU'IC I:) sha.1J. tJe, in:;l~d~d
.i.n all QOO\.lTTll!nt!l a.nd associatea. ey.hibits qCl'Je.rn,in; lane U!lB ~:Lt.hin
the are.a legally ces=ribed as LelY ~arefoot Beach. In aoditicn,
sufficient t~~t ~hall ha inelu~en within an~ 515.id documents a~d
e~~i~its ~ov~rninq l~d ~~e ~Dineorpo:a~e thesa standaros into
th~ Cotli~r c~unty r~vi~w and permittini proe~ss.
~. the CQ~&erva~cy. ~no., Plan ~eview and ~?prov.l. TO
e~&ble ~lainti!f, ~he CO~!l~rvnnOY, to ~ee~ info~maa .puut the
dev..lo?~ent it~~~s of the property known as Lely Ba:efoot ~each
lnd to enS~re consistency with the5e &qr!e~ent!1 Dafendant, Lely.
~~s age~tS, r~pr$santati~a, 5U~cesso=s. assignsl ana heirs, QO~5
hereby airae that con~.ptual site ~lanSt Si~~' oevelo~ment planS,
rractionali~atiQn plans, Wa~er M&n&gem~nt Pl~St ~ree Removal
pl..ns and r..a!'ll!s~.!1?ir.g' plans !I~~%lIi.tt...d to Collie.= Cr;lunty shall
~o~~urre~tly be sub~ittid to The conservancy for itS review ana
ap~roval. such.ap?roV&l sball no~ be u~~8a5or.abl~ vithheld. I~
Th.'co~gervan~Y has not made wr~~t.n ohjectiQns w1~i~ f~fteen
(13) days of s~mi~~al c~ ~nY of tbe above pl~ns. app~oval will
l:;Ie prl!!l!l~8d. In ord~r t.o resolve di!lpu'i:.es UJ'l/l.e:::' t.his par:a;raph'
s, ~s ~o wh~the~ the di5apprQv~~ is ~~&~On~D~e in ligh~ ~f ~~e
1f,,9::eement.s, ,'tl:'ie pa:rtiFtS ag'rt'lB 'to ,submit. 5u::b cisputE..S to bind:..n9
arbitra~icn by The,CQnServan~yIB 30ard of oLrec~ors. 1~o-thir~s
(2/3) majcx:ity 'IIo":.e. of .. ~uor'\l.Ill of said SOArd is re.q\:"i=~d to
Sl.l$t.,~n trie ~iS21PP:OV"').' It sha).l ):la the d.uty of -::.he Board to
l'!'ea~ and a.rriv~ llt: a. Qai:li~ion within tW~l'lt:y-fivl!! (251' C.AYS of
s~bmis5ion of t~. ~i5p~t~. LelY may seek jUQiciar~ =~view onlt
in tn. event that t71e ~e,d.siDn of the ~oard is ubit.rary a:1Q
capri c:iol.l? .
,..3-
04/25/2005 10:24
2395435'358
, COLLIER CTV ZONING
~AGE 09/1D
-
"
17A
i. Ein~inq Nat~e ~f P.D.D. 3acau$~ of the ch~racte~i5ti~S
o:f t\'l.1.5 reAl '9'!ltatelievelcpI'lL2J'lt ancl t.h~ spei:i'fie nat.\l:t'13 of tr,e
~gree~ents herein for sett~eman~ and the'~5$Oci~ted stand~res,
ae.f.I'1.Q.~nt Lilly" ,on.benalf of.: i,tsalf an.;! .it'5 rep:ruent.ativus,
!!;tlC'~a5!!iOr5, a!lsi,;,n$ a.nd h~i;;$, doeS nerl!!cy ~g:rel! t.h~t nO changes
t.o,the'rele\f!..nt p,U.D. ordi:'lanee or <),ssoc:ia.t.e~ e.}t:r,ibits (exC:~ilt
for ,the ~inor :~anges describeQ ~e~ow) will be m.ae witno~t review
andwJ:.i1:":Bn, ,a,p,p:I:O;va;l. ,by~ ,p).a':i..r\'ti.H. The, :cot\saryan,c:y. .. ,S\l.i:t1, ..~pp;:;o~ll.).,
qhall n6t be un.:r:e:as;DTlablj' wi,thhald.. ,Tl;le part.ies. aqre.1t. that mi.nor
~r.ange$ which is nq. WI!IY e.:ffli!ct, dirllctly or i.nc:L:c'e~tl)'.. the
anvi;ro1'lJ'Cle.!\'tal stiPU~,a.'I:,iorlS and :::;oruiit.ion$ 'iro?osed :.erein, the
\l$ltS. ~h. looation Qf ~evelopment r;:cr:riQ:jr!l or ~hill res";.:rit:ticn5
fi:lCad. in t.he. p. u. D. may D'~?Ila.de ,wit.hout !lpproval of 'l':h!!' Cor.-
saTvanc:y a1 t.hough re.....i.ew is still recsuirlto..
, '
B. Sl:.s.tldin~., Dd~ndant. Lely. an~.. theCoU;\ty he.ral:ly 15-gr-es:
tha~ plaintiff shall bhV-" stand~ni' in any,eourt of .ap~ropri~~e
ju.r;isdict,icn 90 as'too anSl'lu'e the', :3,evl!.lopml!.nt gf' ?rO~l!'!r.t;;.i~S' in
aocoraa.no,a wi. dl t.he a9'rae1ll'u':l~S he.rein.
9', Noti.fiea"i:.i.on of: Ccr.tent:. cf 'J\q1;'$llUl1erl'::.l!l for se1:t.leroent.
Defendant Lely he~aby a9=e~s to nctifi ~ll futu~~'purchasers of
lanQll wit.:-:in thll' leqa.l1y d.e.sc:d.bed Ldy Sl1refo'ot.. l}ille.cb of T:he
a;re~~en~s an~ undl!.rt.aki~;s eontainRd ~n this ~qreemant ~nd ~he
~~ibits ~t~ached heeeto prior to any'sale.
10., !t is specificellY Lffinnec1 by u,c:h siq~eJ: of this
1>.grf!!eme.nt that, he r.as beend1J.ly author!.::'.d to execute !lla!lIe on
behalf. of his c:Lient.. ':'his' ')l.s.a~ml1l%'lt shall :be l:ind5..ng 1,l.?on t.he
pa=~iem; th~i~ ha~r!l, su~e.s~cr$, ~s$iqns, agents an~ rar~esent~-
ti VIHl .
11. l~ con~ioQ~ation ~f the fora~oing ag:~eme~~s ~y collier
County ~nd Oehndill'l"::. LalY EstateS', In"., 'r'lail~tU::f 1.ltlt(!.b~
s~i~ulat~s to ~he disrni!~~l of the abova !ef~r&n~e~ causes of
-~- .
04/25/2005
10:24
23'35435958
COLLIER CTY ZONING
PAGE 113/11:)
d60,",",17 A
,"
a~~icn ~ith p:ejudice and w~ll e~peo~te apprcpria~e
to ~f:fe~t same.
oJ\'.1'E:O 'thiiii ~ day Df /Ol./'~ _,.' 19~'
VE~, BRO~N, NICROLS, STANLE~
iir. AAR'I'!N" r ,:A.
2660 Ai~pDr oad South
NlfPle:.t, ~r a'" 3~~2
(Bl3) 774- J3
.,
,"
:qJl..UD thiS!.?..d- dll,l' Of~' 151~.
..'
,BCl~P.tl or COUNT'i CQMM.IS5:ION'tRS
COI..t.UR COtlNT~,. iLO~!~,' I ...-
"I' .' "-r
, . ~: >~r.~.J Ly.{.
~. pl.st,or, Chaix:mll.n
""'If..
-
~pprovad-~s to ;or.mand
lei~ suffioi~ncy:
, Y.i-4Y'~ ~ ~j~
Wr1: ;t.. Satm UIl ,
col~ie= CQun~1 ~~~crney
","nO <hi. ~ "Y.' ~.
liJ~
, .-
~.
Da W.
~ttorney for The Cons lnC.
l4S0 ~.rrihue nriv~
~apl~s, ,Florica 33942
(813) :262-0304
- ~-
17A
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING SECTION XV ENTITLED TRACT J:
UTILITY SITE OF ORDINANCE NUMBER 77-48, AS
AMENDED, AND ORDINANCE NUMBER 85-21, AS
AMENDED, THE LEL Y BAREFOOT BEACH PUD
CHANGING THE PERMITTED LAND USES ON
TRACT J FROM UTILITY OR UTILITARIAN
FACILITIES TO SINGLE-FAMILY RESIDENTIAL FOR
ONE DWELLING UNIT TOGETHER WITH
ACCESSORY USES AND ADDING REGULATIONS
FOR MINIMUM LOT AREA, MINIMUM LOT WIDTH,
MINIMUM YARDS, MINIMUM FLOOR AREA OF
PRINCIPAL STRUCTURES, OFF-STREET PARKING,
MAXIMUM HEIGHT AND SPECIAL
ENVIRONMENTAL PROTECTION REGULATIONS;
ADDING EXHIBIT "F" AGREEMENT BY AND
BETWEEN THE CONSERVANCY, INC., LELY
ESTATES, INC. AND COLLIER COUNTY, FLORIDA;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 9, 1977, the Board of County Commissioners approved
Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit
Development; and
WHEREAS, on June 4, 1985, the Board of County Commissioners approved Ordinance
Number 85-21, which reestablished the Lely Barefoot Beach Planned Unit Development Zoning
District while at the same time amended Ordinance Number 77-48; and
WHEREAS. subsequent to these dates amendments to the Lely Barefoot Beach Planned
Unit Development Zoning District were duly adopted by the Board of County Commissioners;
and
WHEREAS, Robert Andrea, of Coastal Engineering Consultants, Inc., representing Lely
Development Corporation, petitioned the Board of County Commissioners to further amend the
Lely Barefoot Beach PUD Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENTS TO SECTION XV, UTILITY SITE OF ORDINANCE
NUMBER 77-48, AS AMENDED, AND ORDINANCE NUMBER 85-
21, AS AMENDED, THE LELY BAREFOOT BEACH PUD
Section XV, entitled "Utility Site" of Ordinance Number 77-48, as amended, and
Ordinance Number 85-21, as amended the Lely Barefoot Beach PUD, is hereby amended to read
as follows:
TRACT J: UTILITY BITE SINGLE FAMILY RESIDENTIAL DEVELOPMENT
Words BwelE lftreligk are deleted; words underlined are added.
Page I of 4
15.1 PURPOSE
The purpose of this Section is to establish development regulations for the area
designated on Exhibit "A" as Tract J: Utility Site. Simue Family Residential
Develooment.
15.2 USES PERMITTED
}Ia bailaiag ar straeta:re, ar pm tllereaf, sftell be eJlgetee, altere a, ar asee, ar land
ased, is '1{Rale ar pm, far atker dum the fella'Niag:
A
......
Priaeipal Uses:
(1) Utilitari8ll. fueilities &\tea all gt'6tm8s maUtteftitftee eE}wpmeftt staflige;
atility ptIffifJiftg statiafts; '{:ater starage teak; vemaalftf' parldag; ar
similftf' prajeet serviag faeilities. Priar ta lItili:1!atiea af Traet J, the
plan fer its lItili2latia8 shall be sabmittea ta itfta 8pI3raved by the
8f.lflFeflriata Callier Cal:lftty ageasies, whiea shall iall\H'9 that the
pl9flftea Hses are 8f.lflralniate aa the site; that tae leeatiaa af the
plafJ8ea iR\flraveRleftts is 8flflf8priate; 118a that if the faeilities ta be
iastallea W8fflHlt sel'eemftg, the fteeessary feBeiflg anal-er landse8f.lieg
is ifllltallea.
15.2 MAXIMUM DWELLING UNITS
A maximum of one simde-family dwellin2 unit may be constructed in this tract.
15.3 USES PERMITTED
No building or structure. or Dart thereof. shall be erected. altered. or used. or land
used. in whole or Dart. for other than the following:
A. Princioal Uses:
Single family residence.
B. Accessorv Uses:
(I) Customary accessory uses and structures includin2 orivate 2ara2e.
(2) Signs as permitted by the Land Develooment Code.
15.4 REGULATIONS
15.4.1
GENERAL:
All yards. setbacks. shall be in relation to home site boundaries. All orincipal
and accessory structures shall have a minimum setback of 25 feet from the
boundary of any oreserve.
15.4.2
MINIMUM LOT AREA:
6.000 square feet.
15.4.3
MINIMUM LOT WIDTH:
Words stmek threugk are deleted; words underlined are added.
Page 2 of 4
17A
15.4.4
15.4.5
15.4.6
15.4.7
15.4.8
60 feet.
MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet. which minimum yard
is also an easement in which utilities. walkwavs. and the like may be
installed.
B. Yards which abut Bayfront Drive which extends easterly from Lely
Beach Boulevard: 10 feet.
C. Preserves: All principal and accessorv structures shall have a minimum
setback of 25 feet from the boundary of any preserve.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
A. One story. 1.200 square feet of living area. exclusive of garage or
unenclosed patios. decks or porches.
B. Two storv. 2.000 square feet of living area exclusive of ~arage or
unenclosed patios. decks or porches.
C. Three storv- 2.500 square feet of living area exclusive of garage or
unenclosed patios. decks or porches.
OFF-STREET PARKING REOUIREMENTS:
Two parking soaces oer sin~le family residence.
MAXIMUM HEIGHT:
Three stories with a maximum hifPtest ooint of roof to be 70-feet NGVD
including decorative elements. but excludimz chimneys. When the first
habitable floor is raised a sufficient height above ground level to permit the
under building area to be used for automobile parking and other utilitarian
pw:poses. that under buildimz area shall not be deemed to be a story.
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
A. All development in this tract shall be in accordance with construction.
native habitat protection. dune preservation and wetland preservation
reiUlations listed in Section XX.
B. Prior to County approval of any development orders or oennits
authorizing site work on Tract J. the 1.01 acre portion of Tract J
identified in the Environmental Impact Statement as Exhibit B dated
Aoril21. 2004 with the FLUCFCS Code of612 - (formangrovest and
also depicted on the conce.ptual site plan. shall be split consistent with
County reiUlations and be conveyed in fee simple to the Collier
County Board of County Commissioners in such a manner as to ensure
the 1.01 acre section will be preserved in its natural state allowing only
removal of exotic and nuisance vegetation.
C. A South Florida Water Management District permit modification to
Pennit Number 11-00026-5 shall be required prior to issuing any
building oermits for the sinllle family home.
Words 8Rak IhrEltlgh are deleted; words underlined are added.
Page 3 of 4
17,A
SECTION TWO: AMENDMENTS TO EXHIBITS SECTION
Ordinance Nwnber 77-48, as amended, and Ordinance Nwnber 85-21, as
amended, are hereby amended to add Exhibit "F", Agreement by and between The Conservancy,
Inc., Lely Estates, Inc. and Collier County, Florida dated December 17, 1985.
SECTION THREE: EFFECTIVE DATE
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
~rln' ~/-d~~'-
Marjori . Student-Stirling , . - --(j
Assistant County Attorney
Words awell lhf8lt8h are deleted; words underlined are added.
Page 4 of 4
17A
17 A
.' "'""
April 26, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Dear Legals,
Please advertise the above referenced notice on Sunday, May 7, 2006, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Heidi R. Rockhold,
Deputy Clerk
P.O./Account # 113-138312-649110
17 A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, May 23, 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 SECTION XV ENTITLED TRACT J; UTILITY
SITE OF ORDINANCE NUMBER 77-48, AS AMENDED, AND ORDINANCE NUMBER
85-21, AS AMENDED, THE LELY BAREFOOT BEACH PUD CHANGING THE
PERMITTED LAND USES ON TRACT J FROM UTILITY OR UTILITARIAN
FACILITIES TO SINGLE-FAMILY RESIDENTIAL FOR ONE DWELLING UNIT
TOGETHER WITH ACCESSORY USES AND ADDING REGULATIONS FOR MINIMUM
LOT AREA, MINIMUM LOT WIDTH, MINIMUM YARDS, MINIMUM FLOOR AREA
OF PRINCIPAL STRUCTURES, OFF-STREET PARKING, MAXIMUM HEIGHT AND
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS; ADDING EXHIBIT "F"
AGREEMENT BY AND BETWEEN THE CONSERVANCY, INC., LELY ESTATES,
INC. AND COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE
DATE.
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 as well as amend the PUD document to bring it into
conformity with Special Environmental Protection Regulations by
adding Exhibit "F" Agreement by and between the Conservancy, Inc.,
Lely Estates, Inc. and Collier County, Florida. Lely Barefoot Beach
PUD consists of 461.65 acres, Tract J 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,
Florida.
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.
......... ........... M
17 A
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Heidi R. Rockhold, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
COIJJlty.' 0 fC<Jlli er
CLERK OF 'fHE-ClRCQIT COURT
COLLIER COUNTY QOURTijOUSE
3301 TAMIAMI TI{AIL EAtST
P.O. BOX 41;~044'
NAPLES, FLORIDA~jlOI-3044
'\> I
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 26, 2006
I
__,7
/'
Coastal Engineering Consultants, Inc.
Robert Andrea, AICP
3106 S. Horseshoe Drive
Naples FL 34104
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 23, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 7, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
<uL~ Q_ q~o ,J)~
( Qeidi R. Rockhold,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.t1.us
Dwight E. Brock
Clerk of Courts
;GQij:p.ty-ofC<lllier
CLERK OF THE-t3tRCQIT COURT
COLLIER COUNTY g<?URTIJPUSE
3301 TAMIAMI T~IL EAi$T
P.O. BOX 4~~044 \
, \
NAPLES, FLORIDA'~,1101-3044
~I
~J /"
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 26, 2006
I
- ,
.~. _,~I
- ,-
Lely Development Corp.
8825 Tamiami Trail, East
Naples, FL 34113
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2004-AR-6283, Lely Barefoot Beach
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 23, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 7, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~. Q. qoe1kW,IJC
eidi R. Rockhold,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Wednesday, April 26, 2006 4:10 PM
'Iegals@naplesnews.com'
PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
Attachments:
P UDZ -A-2004-AR-6283(2) .doc; PUDZ -A-2004-AR-6283(2 ).doc
Legals,
Please advertise the above mentioned notice on Sunday, May 7,2006.
~,i.'" ,,~~,...
13
PUDZ-A-2004-AR-6 PUDZ-A-2004-AR-6
283(2).doc (34... 283(2).doc (35...
If you have any questions, please call.
Thank you,
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi.rockhold@c1erk.col1ier.fl.us
1
lLL.'l
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Heidi R. Rockhold
17A
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 26, 20064:10 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
A TT3269215.txt; PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
~'"
...,.:..,,:,~.
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AlT3269215.txt PUDZ-A-2004-AR-6
(231 B) 283, Lely Bare...
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
-"'-~----"_....>;--".."",,,,-,.-..--._.._-,-_.----_._.........,.~"--~---"-,~_..,---
Heidi R. Rockhold
17A
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, April 26, 20064:10 PM
Heidi R. Rockhold
Delivered: PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
Attachments:
PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
f7/l, '
L:::.J
PUDZ-A-2004-AR-6
283, Lely Bare...
<<PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD>> Your message
To: legals@naplesnews.com
Subject: PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
Sent: Wed, 26 Apr 2006 16:09:54 -0400
was delivered to the following recipient(s):
legals on Wed, 26 Apr 2006 16:10:06 -0400
1
___"_"'_"_'_'__~__""__'_'_"'H""'_'~_""_""'_'"_~"_
PUDZ-A-2004-AR-6283. Lely Barefoot Beach PUD
Page 1 of 1
Heidi R. Rockhold
17A
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Wednesday, April 26, 20064:56 PM
To: Heidi R. Rockhold
Subject: RE: PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
OK
-----Original Message-----
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collier.fl.us]
Sent: Wednesday, April 26, 20064:10 PM
To: legals@naplesnews.com
Subject: PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
Legals,
Please advertise the above mentioned notice on Sunday, May 7, 2006.
<<P U DZ-A-2004-AR-6283(2 ).doc>> < <P U DZ -A-2004-AR-6283(2 ).doc>>
If you have any questions, please call.
Thank you,
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi.rockhold@clerk.collier.fl.us
4/27/2006
Lely Barefoot Beach PUD
Page 1 of2
Heidi R. Rockhold
17A
From: ZoneMelissa [MelissaZone@colliergov.net]
Sent: Thursday, April 27, 2006 11 :33 AM
To: Heidi R. Rockhold
Subject: RE: Lely Barefoot Beach PUD
Attachments: Final signed Ordinance 4-26-06.pdf
Heidi: attached to this email is the signed ordinance that has your corrections on it. hope this helps, it not let me
know what I can do.
Melissa Zone, Principal Planner
Collier County
Department of Zoning & Land Development Review
239-213-2958
2800 N. Horseshoe Dr.
Naples, FL 34101
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collier.fl.us]
Sent: Thursday, April 27, 2006 7:58 AM
To: ZoneMelissa
Cc: martin_c; HerreraSandra; student_m
Subject: RE: Lely Barefoot Beach PUD
Yes.. Absolutely. I made the corrections for the advertisement, I just wanted you to know so you could make the
corrections before they needed original signature from the Board date the ordinance is approved, Once you have
made the correction, I just need a copy of the front page for the advertising file
Have a nice Day!!
Heidi
From: ZoneMelissa [mailto:MelissaZone@colliergov.net]
Sent: Wednesday, April 26, 2006 5:42 PM
To: Heidi R. Rockhold
Cc: Martin, Cecilia; HerreraSandra; Student, Marjorie
Subject: RE: Lely Barefoot Beach PUD
Thanks Heidi, do we still have time to tweak the words?
Melissa Zone, Principal Planner
Collier County
Department of Zoning & Land Development Review
239-213-2958
2800 N. Horseshoe Dr.
Naples, FL 34101
4/27/2006
Lely Barefoot Beach PUD
Page 2 of2
17A
~~_~__~_~A'_~U_^__~"~~"~_"_~~~^~__'~~'~~~"'"_~__V~_~".~~~_~~_~.~u._~.~~~~~~",.~A"'A~~_.,_~,_~~'_~~"^~
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collier.fl.us]
Sent: Wednesday, April 26, 20064:10 PM
To: ZoneMelissa
Cc: martin_c
Subject: Lely Barefoot Beach PUD
Melissa,
I just finished the preparation for the Naples Daily News Advertisement for the above referenced ad. In the
process of typing the Ordinance title, I came across two misspelled words and wanted you to be aware for they
will need to be corrected before they are adopted.
1. Line 6 - Lely Barefoot Beach PUD is spelled BARFOOT
2. Line 16 - Environmental is spelled ENVORNMENTAL
If you have any questions, please feel free to contact me..
Thank you,
Heidi R. Rockhold
Minutes and Records
Clerk to the BOCC
(239) 774-8411
(239) 774-8408 Fax
heidi.rockhold@c1erk.collier.fl.us
4/27/2006
r
o
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B, Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper
timers) in the issue May 7th, 2006
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
offi.::e in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
it, i~
(Signat e of affiant)
Sworn to and subscribed before me
This May 8th, 2006
Hall leI! Bushon')
.iN!' j\\1MISS\ON:# i)1)23.16G7 tXPiRE~
July 24, ;,lIO"
"",',IEI! 'C'QU 1POY c~:,H ;,'''~; '~AN(E, ',N(
17A
PUOH.liiilI'AR-&313
_cNDTICEO.2Fo'NTENTTO
, ONIWOL. ~N~9f
tt40tlce I. hereby gj , j
tllat on TUESDAY, >"",
23, 200$, In the, Bo<<ltI.
~ 3rd Floo" Adml.,
'I trillion Building, ~I.
II" c..~ovemm.nl
- I_ImI.,
"" Tran. '. FTor!da.
the'lolrd of County
CO""",,,lo",,, will con.
.Id" tne enactment 01
I. county Ordlnanct.
T1te m.e.tlnJ. will CW:
~ at t:oqA.M. , 7,2"
i'Ml. t"u"l:8g:~,li'i
roff,g,'N~ ~C~cl'~~," 4..1
COMMISSIONERS .
C,Og~LIER COUNT'
,F IDA, AAa~OI
, N ~:t"lrt III
o A 'AWE" ~
77.41, AS AM~OE ,
I~H...
ON TlIAbr J ~:8
1011 , TARIAN
FA III 0 INGLI'
~o ..~~UIO NTIIA\,
UN TN OW LLI N'G
Ace. RVnl ~~~
~i' 1'\11~':'Ut4TleoN'
Y~l Ai~HS~IIV'~NMOJ
" ..J:I'N'MUM
~ ...... OF PRlNCI.
SMtkl~A TII~ril'MlN,:
IGHT ASP.
~~le\y'li"rfN~!~t!~
rMibii1' ADDING"iXHIIIT
I' , Wc~'\f.
r '.'NNc:., LILY IS.
LI . ~A~O .
A IY PflOVID~~
EFFECTlYI DATf,
p :~UDZ'A'2004'
.' ,y D nop.
".CQ~=
In. C,n,ul.'
'to,.qUtlt .n
tM lIly
ch PUD by
. PUD docu.
to'. ,Malt'r Plan
. , Tract "J" !rom'
" ._1ltI1Itv -'It 10
.. .'""'..tlmllf;.....~
"ItM.",,_1 cilrv.U> .n
s e I 1.01. acr. min.
groft._ are_
we" "'M the PUD
!tOCU:t'Ittn to br~n It
Into ,PIn O'lnlt, :11th
S".'-I l""I,onln.ntol
bP~.-lon R"ul.tlon.
, ... n EXhIbit "F"
,by anflbe.
.'._rv_
~i t, Inc:
, .. .unt,
. y' "'.'.01
D COIf"at. 01
.. Tract J Is
located t ~he 'outh.
Wilt. comer 01 larefoot
Beaoh.oufevard and
II o'sfront Dr/ve, located
n eetlon. 5,'.7 a 8
Town.hl. .. South'
~~.II;. ~~rfd~t, Colli.;
CODI.. of theprOPOied
Ordinance are on fI'e
=~theClerk to the
1o~~Sr 1Yr=
-, ...."nvlted
to , "'_...
NOTE: Aft' P8t1anI wIsh.
InLl! W, eak .on any
rJ';O:w'iih'w Il1U8t "U:
:f=lII" of~.re.
It. in'; . ,the i;~nda
Indf.. ,,!.;.!~~relled.
be 'iTm '~ml"" will
en _.... nutes
tlon of In- 'I"d~u':,'?~
'ptO on blha'f 01 an
organIzation or group I.
~r.eedou'boath'd. If reco".
Y . Chairman.
a .poke.penon lor a
g,ou. 0' O".nlllllon
may be allotted 10 min.
~~ to .peak on an
Persons wIlhlng to have
written or graphic ma.
terlal. InclUded In the
Board aaenda paCkets
mu.t,ubmlt IIld ma-
terial . minimum 01 3
Wllk. prior to the reo
'pectlve public hearing.
In enr. cue, written ma.
terlo. Int.nd.d to bo
considered by the Board
.hell be, .ubrnltted to
the ""1'0''''10 Coun"
oto"da mInimum of leV..'I'
.nbllay. prl.or to th.<
Cu e h....lng. All m.,
trrla, u.ed In pres.ntd.
on. before t"e -loa," i
will b.eoln' . .erm~'
nentpartoftfterecon:l. ,j';
,-
An, _on who decldto!'
I/:e Yl:~' :,,~=o: ~
eord or the _'Olno.
Plrlelnlng tIIeroto .~
ther,'ore, may need ~~
enlure that a verbatl
record of, the proce
Inas Is mlife, Which r".
cord Includ.. the tesl ~
mony and evlden.J...."
Upon whldt the . apPfJ'\l>
I. based. ,~).
"I'
10ARD Of COUNt:;"
COMMI_ _"
CO L L' E R,C.O 0 U N r"".'
FLORIDA, . .'.!lj.",/
FRANK HAW. CHAW'.
MAN ". U!,':!
DWIQHT I. BRO<1~'
CWK .:,!,
~I Heidi R, ' ROCkh, JJ
(SlAy CI...~ .'
Mav . ND..IUL!f
17A
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 doeument. 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 # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exeeotion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the ehecklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Constance 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 eontact 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 Melissa Zone, Principal Planner Phone Number 213-2958
Contact
Agenda Date Item was 5/23/06 Agenda Item Number 17-A
Approved by the BCC
Type of Document Ordinance 2j56~ - t.2 Number of Original I
Attached Documents Attached I
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 BeC 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 5" ." 't' (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.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1,26,05, Revised 2,24,05
17 A
ORDINANCE NO. 06- 22
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING SECTION XV ENTITLED TRACT J:
UTILITY SITE OF ORDINANCE NUMBER 77-48, AS
AMENDED, AND ORDINANCE NUMBER 85-21, AS
AMENDED, THE LEL Y BAREFOOT BEACH PUD
CHANGING THE PERMITTED LAND USES ON
TRACT J FROM UTILITY OR UTILITARIAN
FACILITIES TO SINGLE-FAMILY RESIDENTIAL FOR
ONE DWELLING UNIT TOGETHER WITH
ACCESSORY USES AND ADDING REGULATIONS
FOR MINIMUM LOT AREA, MINIMUM LOT WIDTH,
MINIMUM YARDS, MINIMUM FLOOR AREA OF
PRINCIPAL STRUCTURES, OFF-STREET PARKING,
MAXIMUM HEIGHT AND SPECIAL
ENVIRONMENT AL PROTECTION REGULATIONS;
ADDING EXHIBIT "F" AGREEMENT BY AND
BETWEEN THE CONSERVANCY, INC., LEL Y
ESTATES, INC. AND COLLIER COUNTY, FLORIDA;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 9, 1977, the Board of County Commissioners approved
Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit
Development; and
WHEREAS, on June 4, 1985, the Board of County Commissioners approved Ordinance
Number 85-21, which reestablished the Lely Barefoot Beach Planned Unit Development Zoning
District while at the same time amended Ordinance Number 77-48; and
WHEREAS, subsequent to these dates amendments to the Lely Barefoot Beach Planned
Unit Development Zoning District were duly adopted by the Board of County Commissioners;
and
WHEREAS, Robert Andrea, of Coastal Engineering Consultants, Inc., representing Lely
Development Corporation, petitioned the Board of County Commissioners to further amend the
Lely Barefoot Beach PUD Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENTS TO SECTION XV, UTILITY SITE OF ORDINANCE
NUMBER 77-48, AS AMENDED, AND ORDINANCE NUMBER 85-
21, AS AMENDED, THE LEL Y BAREFOOT BEACH PUD
Section XV, entitled "Utility Site" of Ordinance Number 77-48, as amended, and
Ordinance Number 85-21, as amended the Lely Barefoot Beach PUD, is hereby amended to read
as follows:
TRACT J: UTILITY SITE SINGLE FAMILY RESIDENTIAL DEVELOPMENT
Words strode throl:lgh are deleted; words underlined are added.
Page I of 4
17A
15.1 PURPOSE
The purpose of this Section is to establish development regulations for the area
designated on Exhibit "A" as Tract J: Utility Site. Single Family Residential
Development.
15.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the folloY/ing:
/'.... Principal Uses:
(1) Utilitarian facilities such as grooods maintenance equipment storage;
utility pumping stations; water storage tank; vehicular parking; or
similar project serving facilities. Prior to utili:lation of Tract J, the
plan f{)r its utilization shall be submitted to and approved by the
appropriate Collier County agencies, which shall insure that the
planned uses are appropriate on the site; that the location of the
planned i111f'rovements is appropriate; and that if the facilities to be
installed ':/arrant screening, the necessary fencing and/or landscaping
is installed.
15.2 MAXIMUM DWELLING UNITS
A maximum of one single-family dwelling unit may be constructed in this tract.
15.3 USES PERMITTED
No building or structure. or part thereof. shall be erected. altered. or used. or land
used. in whole or part. for other than the following:
A. Principal Uses:
Single family residence.
B. Accessory Uses:
(l) Customary accessory uses and structures including private garage.
(2) Signs as permitted by the Land Development Code.
15.4 REGULATIONS
15.4.1
GENERAL:
All yards. setbacks. shall be in relation to home site boundaries. All principal
and accessory structures shall have a minimum setback of 25 feet from the
boundary of any preserve.
15.4.2
MINIMUM LOT AREA:
6.000 square feet.
15.4.3
MINIMUM LOT WIDTH:
Words stfl:lel( thnmgh are deleted; words underlined are added.
Page 2 of 4
114
60 feet.
15.4.4
MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25 feet. which minimum yard
is also an easement in which utilities. walkwavs. and the like may be
installed.
B. Yards which abut Bayfront Drive which extends easterly from Lely
Beach Boulevard: 20 feet.
C. Preserves: All principal and accessory structures shall have a minimum
setback of 25 feet from the boundary of any preserve.
15.4.5
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
A. One storv- 1,200 square feet of living area, exclusive of garage or
unenclosed patios. decks or porches.
B. Two story- 2,000 square feet of living area exclusive of garage or
unenclosed patios. decks or porches.
C. Three story- 2.500 square feet of living area exclusive of garage or
unenclosed patios, decks or porches.
15.4.6
OFF-STREET PARKING REQUIREMENTS:
Two parking spaces per single familv residence.
15.4.7
MAXIMUM HEIGHT:
Three stories with a maximum highest point of roof to be 70-feet NGVD
including decorative elements, but excluding chimneys. When the first
habitable floor is raised a sufficient height above ground level to permit the
under building area to be used for automobile parking and other utilitarian
purposes. that under building area shall not be deemed to be a story.
15.4.8
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
A. All development in this tract shall be in accordance with construction,
native habitat protection. dune preservation and wetland preservation
regulations listed in Section XX.
B. Prior to County approval of any development orders or permits
authorizing site work on Tract J. the 1.01 acre portion of Tract J
identified in the Environmental Impact Statement as Exhibit B dated
April2L 2004 with the FLUCFCS Code of6l2 - (for mangroves). and
also depicted on the conceptual site plan. shall be split consistent with
County regulations and be conveyed in fee simple to the Collier
County Board of County Commissioners in such a manner as to ensure
the 1.01 acre section will be preserved in its natural state allowing only
removal of exotic and nuisance vegetation.
C. A South Florida Water Management District permit modification to
Permit Number 11-00026-5 shall be required prior to issuing any
building permits for the single family home.
Words stmek tAioHgh are deleted; words underlined are added.
Page 3 of 4
17A
SECTION TWO: AMENDMENTS TO EXHIBITS SECTION
Ordinance Number 77-48, as amended, and Ordinance Number 85-21, as
amended, are hereby amended to add Exhibit .oF", Agreement by and between The Conservancy,
Inc., Le1y Estates, Inc. and Collier County, Florida dated December 17, 1985.
SECTION THREE: EFFECTIVE DATE
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 .J3 day of M a. y , 2006.
~f;,n& ,~
A TT.~S.~~.......~i"",
DWJ.~HTE~ BR.~CK, CLERK
. ~.':" ~. '. ,,"
'~. ')
> ~,} t'
~ ',"I,"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.' .
Attest u ~'~C~V~ feputy Clerk
11 gnl1turt Oft J .
Approved as to form and
legal sufficiency
A.
~~
BY: ~~
FRANK HALAS, CHAIRMAN
~~?11 ~pd -~~ .
Marjorie' . Student-Stirling "6
Assistant County Attorney
Words stmoJ( tlml\:lgh are deleted; words underlined are added.
,--
!I(m# J 1-4
~ i"':~ <:> l~of o<.p
~
i :>:~ ~ jD~
f "",u ~
Page 4 of 4
l
I
"'~.' ..;r'.\""". '~,-, .";', ,.......<;, :>,...'"". ""',.,.. ;~'_"'~'~''''"",,"_~.,, .
:1'
~
'/
.
,;~
j'i
...
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIA.L CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA
THE CONSERVANCY, INC.
A Not-Far-Profit Florida Corp. ,
Plaintiff,
V5.
LELY ESTATES, INC.
A Florida corporation
CASE ~O. B5-l57l-CA.-Dl
AND
COLLIER COUNTY,
A political subdivision of the
State of Florida,
Defendants
"
AGREEMENT
The parties, by and through their unders ignc,d a1: torneys,
hereby agree to the following terms and conoi tions:
L. Statement. The Plaintiff does not endorse de,velopmellc
of the Lely Barefoot Beach coastal barrier habitats nor is it
involved in the planning and development of this site. Fu=ther,
plaintiff'S ~greements herein contained are Solely intended to
reduce adverse environmental impacts to coastal bart'i.er habitats
and processes as well as to restore those features f.:arnaged by
forces of nature and/or human abuse. Other aspects of land use
planning and growth management that are within the nornl<tl pm:view
of governmental review and permitting {e.g., number of unit.5,
infrastructure, traffic floW, hurricane .evacuation, ~tilitLes,
fire, etc.)r not directly relate~ to natural resources protection,
are expr~ssly left to the responsibility of the Collier County
Board of County commissioners and their a?propriate statt.
It is
understood and agreed between the parties that the.D8f~~dGnt.
County Commission, after considering the review and recommendation
of staff, has the responsibility to dete~mine the ap?ropriat~
number ~t residential units for tracts Lely Beach North and Lely
Beach South.
Exhibit F
."
e
l'7li
~ '
e
.~. General Standards for All Undeve~oped Areas South of
Tract D_~.9intJle Family Residential).
In order to ensure maximal
protr,:ctio.. ';)f coastal barrier functions and feat~res, the parties
;lereto agree to the specific construction, native ha!;litat prQ-
tection, dune restoration, and wetland preservation standards for
all currently undeveloped areas south of Tract o (5ingle Family
Residential), as set forth in Exhibit A, attached hereto and.
incorporated herein.
3. Development ~tandards for Designated Area of Particular
Environmelltal Concern. The parties agree that an area including
and south of the site of the former Little Hickory Pass is an
Area of Particular Envirorunental' Concern. (APEC) .
It is depicted
more specifically on Exhibit, B, attached Ihereto and incorporated
herein, and shall be referred to ,as nAct~ve Community Recreation
,
Area, Lely Beach South", and "Passive Conununity Recreation Area"
i~ any revised Planned Unit Development for this project. The
APEC, based on island width, past geomorphic features, extent of
coverage by native, habitats, and ,the like, was highlighted
primarily because of the high potential for ~dverse developmental
impact and, secondarily, because of potential storm danger and
unsuitability for intense residential use.
Reflective of the
special nature of the APEC, the parties hereby agree to those
special land use standards for this area which are attached hereto
and incorporated herein as Exhibit C. The I?arties agree that the
reference to the above described lands as art "Area of Particular'
Environmental Concern" is in no way related to the Area of Critical
State Concern .or Development of Regional Impact designations of,
Chapter 380, Florida Statutes.
4. Development Standards for Beachfront Areas and Marigrove
P:=eserv'~s Outside the Area of Particular Envirorunental Concern.
The parties agree to the specific percent development coverage
standards and 6ertain other appropriate land use standards for
-2-
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17A
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beachfront ar~as and mangrove preserves outsid~ the Area of
Particular Environmental Concern. These standards are attached
hereto and incorporated her~in as Exhibit D.
5. Incor~oration of Se~t~ement Standards. The parties agree
that land use and environmental standards described in this
Agreement and incorporated as Exhibits A, C, and D shall be,included
in all documents and associated exhibits governing land use within
the area legally described as Lely Barefoot Beach. In addition,
sufficient text shall be includea within any said documents and
exhibits governing land use to incorpora~a these standards into
the Collier County review and permitting process.
6. The Conservancy, Inc., Plan Review and Approval. To
enable Plaintiff, The Conservancy, to keep informed about the
development status of the property known as Lely Barefoot Beach
and to ensure consistency with these agreements, Defendant, Lely,
ir.s agents, representatives, successors, assigns, and heirs, does
hereby agree that Conceptual Site Plans, Site Development Plans,
Fractionalization Plans, Water Management Plans, Tree Removal
Plans and Landscaping Plans submitted to Collier County shall
concurrently be submitted to The Conservancy for its review and
approval. Such approval shall not be unreasonablY withheld. If
The Conservancy has not made written objections, within fifteen
(15) days of submittal of any of, the above plans, approval will
be presumed. In order to resolve disputes under th.is Paragraph,
6, as to whether the, disapproval is reasonable in light of the
agreements, 'the parties agree to .submit such disputes to binding
arbitration by The Conservancy's Board of Directors. Two-thirds
(2/3) majority vote of a quorum of said Board is required to
sustain the disapproval. It shall be the duty of the Board to
meet and arrive at a de'cisionwi thin twenty-five (25) days of
submission of the dispute. Lely may seek judiciary review only
in the event that the decipion of the Board is arbitrary and
capricious.
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i l
7. Binding Nature of P.U.D. Because of the characteristics
of this real estate development and the speci'fic nature of the
agreements h-erein for settlement and the associated standards,
defendant Lely, ,on'behalf of itself and its representatives,
successors, assigns and heirs, does hereby agree that nc changes
to the relevant P.U.D. ordinance or associated exhibits (except
for the minor c):langes described below) will be made without review
and.....r,i,tten approvalby~p_lai.ntiff, The ~Conser:yancy. . ,Su.ch, _appr:o~al
shall not be unreasonably withheld. The parties, agree that minor
changes .....hich is no. way affect, directly or indirectly, the
environmental stipu~,ations and conditions imposed herein. the
uses, the loc~tion of development corridors Dr the restrictions
fixed in the P.U.D. may be made without approval of The Co~-
servancy although review is still required.
B. Standing:. Defendant Lely and, the County he;:-eby agree
that plaintiff shall have standing' in any, court of _appropri3.te
jurisdiction so as'to ensure the development of- properties in
accordanc,e with the agreement-s herein.
9. Notification of Content of Agreements for Settlement.
Defendant Lely hereby agrees to notify all future 'purchasers of
lands within the legally described Lely Barefoot Beach of t:he
agieemen~s and undertakings contained in this Agreemer.t and the
Exhibits attached hereto prior to any sale.
10. It is specifically affirmed by each signer of this
Agreement that, he has been duly authorized to execute sa.rne on
behalf of his client.
,
This- Agre~ment shall be binding upon the
parties, their heirs,
successors, assigns, agents and representa-
tives.
11. In con~iaeration 0f the fore9oing agreements by Collier
County and Defendant Lely Estates, Inc., Plaintiff hereby
stipulates to the dismissal of the above referenced causes of
-4-
-......-,-__."'_''<llI',,_]''_____,'__.._.___~_..''...,_....,..__..,..,"'.~,;.~.~"...._,__...~
.
17
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/
action withpr~juqice and will expedite appropriate documentation
to effect same.
DATED this ~ day of ~ ' 19 E?S.
VEGA, BROWN, NICHOLS, STANLEY
& MARTIN, P.A.
2660 Airpor oad South
Naples, or !.~. 33"'962
(813) 774- 33
, By:
Ge Vega, Jr., Esquir
Attorney for Defendant,
Estates, Inc.
",
..........
, ~ '
,I?ATED this/.1-- day Of~' 19YJ-:' .
BOARD OF 'COUNTY CO~~ISSIONERS
COLLIER C VNTY" F,LORID~) I ~_>
. . \. '>:ri.3t~
A. Pistor, Chairman
rvtf.
-
Approved'as to form and
legal suffiOiency:
r~ ~r~
Burt L,Saun ers ,
Col~ier County Attorney
DATED this lfl- day of ~.
..--
19J-...,.
Rynders I' Esg
Attorney for The Cons Inc.
1450 Merrihue Drive
Naples, 'Florida 33942
(813) 262-0304
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17A
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EXHISIT-A
General standards For All Undeveloped Areas South Of Tract 0
I. Construction Standards
a. All construction activities, outside those listed in III 'd, e,
f, and g, undertaken in Lely Beach North, Lely Beach South and the
Active comrounityRecreation Area shall occur landward of the State's
established Coastal Construction Control Line (CCCL).
b. The special structural requirements designed 'to protect
beach front buildings from storm tides or wave damage, incorporated in
the State of Florida approved protective covenants for Lely Barefoot
Beach, shall be applicable to all structures constructed. Where these
requirements differ from other local, state and federal requirements in
force at the time of construction, those standards which offer the
highest level of protection to residents shall apply.
c. There shall be no hardening of either the Gulf or Bay shoreline
(e.g. seawalls, groins, riprap). Any shoreline stabilizations shall'
take place utilizing the planting of native vegetation and/or the
replacement of sand lost due to erosion.
d. Structures shall be clustered in order to retain large open
space areas for native habitat retention/restoration and to keep open
corridors for potential storm surge and island breachment.
e. All available under~buildings areas (i.e;, areas not required
for stairwells, pilings, etc.) shall be utilized in meeting County
parking requirements. At a minimum, 30% of required paved parking
spaces shall occur under the buildings. '
f. Structures shall be oriented in ways other than continuous shore
parallel in order to reduce their exposure to storm waves and winds.
g. The water management system shall be designed with no direct
runoff to the dune or wetland zone. Storm waters shall be directed
toward the center of the development areas for percolation and treatment
in roadside swales and the like. If deemed necessary, spreader swales
may be constructed in open upland areas adjacent to wetlands provided
. their construction does not result in the loss of native habitats. '
'II. Native Habitat Protection and Restoration Standards
, a. The entire site (inclUding development, recreation"
preservation, open space, and dune restoration areas) shall be cleared
of all exotics and be maintained exotic free by the developer or
homeowner association.
b. Buildings, parking lots, and other associated development
facilities shall be located in development corridors characterized by
exotic species or open and devoid of established native plant
communities. Facilities are to be 'sighted outside the designated
preservation and sensitive vegetation areas to avoid the clearing of
remaining native habitats. Within the development tracts existing
native species shall be retained as natural landscaping; Where native
spec~es must be removed to allow for the construction of abuilding,
park~ngarea, or the like, they shall be transplanted to open areas
within the development tracts or to the preserve or sensitive vegetation
areas.
c.
other
Extensive open space areas between, residential unit clusters and
development facilities shall be landscaped with retained and
.,.
17 A.
to.
replicate natural species distribution. Where native dune species
exist, they shall be retained or transplanted prior to grading and
replanted thereafter.
h. The habitat restoration specialist selected for the job as well
as the detailed dune restoration program and plans shall ,be reviewed and
approved prior to construction by the County Natural Resources
Management Department.
IV. Standards For Wetland Preservation Zone
a. All jurisdictional wetlands located outside of Tracts M, N, and
o are considered to be be a part of the wetland preservation zone. This
designation highlights the imPortance of these wetlands and the need for
their strict preservation.
b. Trimming and pruning of live plants within the zone prohibited
without first obtaining appropriate Federal, state, and County approval.
c. No land modifications or structures are permitted within this
zone other than nature trails and boardwalks.
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EXHIeIT C
Development Standards For Area Of Particular Environmental
Concern (Master plan Tracts "Active Communi tv Recreation
. Area" IILel Beach Southll and "Passive communit
Recreat on Area")
I. Residential Development Areas I Recreation Areas / preservation
Areal;> ,
a. The Area of Particular Environmen~al Conce~n is divided into
discrete development areas, recreation areas, and preservation areas as
depicted on Exhibit B and referenced and legally described on the
revised PUD exhibits. .
b. Development and recreationalactivites are bounded by state CCCL
to the west and the wetland jurisdiction line to the east.
'c. All residential development activity shall be restricted to
designated development corridors (DC-l, DC-2, OC-3, oc...41.
d. No development activities other than nature trails and the
construction of Lely Beach Boulevard are permitted in designated
preservation areas.
e. The Active community Recreation Area is located at the site of
the former Little Hickory Pass. The existence 'of the former pass, the
well-developed back-barrier channels converging at this point, and the
site's low elevation result in a high potential for island breachment
during a major coastal storm. Active community recreation facilities
(e.g. pools, tennis courts I are permitted in the designated Active
Community Recreation Area provided all other land use standards are met.
f. Former Tract LShall only be used as a Passive Community
Recreation Area due to its environmental sensitivity and unsuitability
for use. Only limited recreational facilities can be constructed in
open or low plant cover corridors and with the maximum, coverage
stipulated herein.
g. Development corridors are to be developed as unified projects
anc;i shall not be frac,tionalized.
II. Residential Units
a. Total number. of units in the Area of Particular Environmental
concern ~ 0 to 97 units (final number of units. within this range to be
dictated by the Board of County Commissioners following review and
reconunendation by professional staff). .
b. Maximum unit c;iistribution A maximum of 60, 15, 12, and 10
residential units are allowed in c;ievelopment corridors DC-1, DC-2, DC-3,
and DC-4 respectively. This maximum number may not be increased.
c. Residential units may be transferred to Tracts H and I.
d. ' 'No residential units, recreational 'structures or related
facilities are allowed in designated preservation areas.
e. No residential units'are.allowed in either the passive or active
community recreation areas (although parking for adjoininq development
areas permitted in Active Community Recreation Area provided all other
standar~s are met).
III. Percent Development Coveraqe
a. The development coverage (buildings, parking lots, roadways
<' I a " l~
. " . (
EXHIBIT 0
Develo ment Standards For Residential Beachftont Develo ent
Areas And Mangrove Preserves Outsi e Area Of Particular
Envirorunental Concern Revised Master plan Tracts "LeI
Beach North", "Mil, "N', and "0"),
I. Residential Development Areas I Sensitive Vegetation Areas
a. Residential development to occur in designated areas on both
sides of Lely aeach Boulevard. ' '
b. All development activities to be bounded on the west by the
State CCCL and on the east by the wetland jurisdiction line.
c. Areas of dense native plant cover considered as sensitive
vegetation areas to be worked around and incorporated as reta~ned
natural ground cover in required 'yards and open space.
II. Residential Units
a. Total number of residential beachf~ont units south of Tract D
and outside the Area of particular Environmental Concern - 0 to 391
(final number of units within this range to be dictated by the' Board of
County Commissioners following review and recommendation by their
professional staff).
b. Unit distribution- Of the final number of units'tobe built
at this location, .20 percent will be constructed east of Lely Beach
Boulevard. '
c. Unit transfer - If desired units may be transferred to Tracts H
or I. '
III. Percenta eDevelo ment Cover a e
a. e evelopment coverage (e.g. buildings, parking lots, ,
roadways) to be strictly limited. '
b. Total development coverage is to be measured by impervious
. surfaces and liberally construed to reflect all development related
.alterationof natural surfaces. The development coverage shall be
calculated as a percentage of the potential development area located
between the State CCCLto the west and the wetland jurisdiction line to
the east,' excluding the required land for LelyBeach Boulevard and its
associated right of way.
c. Development coverage data, as measured by the. total coverage
of impervious surfaces, and ,all numbers and calculations used to obtain
that data shall be submitted to county staff along with' other detailed'
construction statistics at t'ime of final site plan review. "
d. The maximum development coverage of beachfront residential
areas 'south of Tract D and outside the Area of 'Particular Environmental
Concern (Tract "Lely Beach North") shall be 40 percent.
IV. Deeding of Mangrove Preserve.s
a. The mangrove preserves depicted as Tracts M, N, and 0 on' the
original and current master plans, along with their associated open
water bottom lands, shall be deeded to the State to ensure uniformity of
resource management and ,protection for the estuarine system of Little
Hickory Bay.
. .
.
.
1
~,.,.~~:;
l'l.c~'
~
other than Lely Beach Boulevard' within the Area of Particular
Environmental Concern is to be strictly limited.
b. Total development' coverage is to be measured by impervious
surfaces..and liber,ally. ,. construed, to ...reflect .all., development:-rela ted
alteration.. of natural' 'cover. ,The deve,lopment' 'coverage shall be
calculated as a percentage .of,_the potential development' area located
within each designated corridor. between the State CCCL line to the west
and the wetland jurisdiction line to the east, excluding the required
land..foLLely__Beach...BoulEUl'ard-..and. i..ts~ Associated.., r.i'qh.t , o.f.way. "," '...c...:'
,; '..C,.,' ".:c. The development coverage data, as measured, by the, total
coverage of impervious surfaces, and:allnumbers and calculations used
to obtain that data shall be submitted'to County staff ,along with other
detailed construction statistics at tlme'of final site pJ,an review. '
d. The maximum development coverage of lands within the Area of
Particular Environmental Concern shall be as follows: Active community
Recreation Area - 40 % 1 DC-l - 5Q \; 'DC-2 - 50 \1 DC-J - 45 \1 DC-4 "7' 35
%1 Passive Conununi:ty'Recreatiori'Area"':'lO t.' ", ," l"" ,. :. '-'
t. ~l r:~)~
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 2006-22
Which was adopted by the Board of County Commissioners
on the 23rd 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 24th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
..~
178
COLLIER COUNTY FWRIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
.....................*....*.......*..*......................................................*......***.*.
Originating Deptl Div: Comm.Dev.Serv.l Planning Person: Carolina Valera C, V' Date: A."f '0'
Petition No. (If none, give brief description): RZ-2005-AR-8483, Tivoli Office Building Rezone
Petitioner: (Name & Address): Johnson Engineering, Inc., Laura Spurgeon, 2350 Stanford Court, Naples, FL 34112; Clay Brooker of
Cheffy, Passidomo, Wilson, & Johnson, 5150 Tamiami Trail N., Suite 502, Naples, Fl. 34]03
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Dr. Michael Arbitman,
Trustee, and Mahmoud Rahim, and Raya Hussain,658 Penn Place, Winter Park, FL 32789
Hearing before BCC
BZA
Other
Requested Hearing date:
Mav 23. 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: RZ-2005-AR-8483. Michael Arbitman Trustee of
Land Trust VAD 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-]) 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 ]3, Township 48 South, Range 25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
] 13-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
J~~~
/epartment Head
List Attachments:
:i y ~,~
Dae
Approved by:
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If ]egal 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 ReceivedH~S ~ Cl,p ,Date of Public hearing: 5-a3-C~ Date Advertised: Y'1-blp
.-..-...._..".....,.-..__~___'.'..,.,."'e.....".'n.'..<'._"._,~.-.."'....;;=-.-.."'''''-".''''''"-____._.~.o.;,,,,.,_....__._..".<<.._;_'__~~"""''';~-=''''''''''''''
178
ORDINANCE NO. 06 -
AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DBVELOPMENT
CODE, WHICH ESTAB,LISHED TIlE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORA'IED AREA OF COUJER
COUNTY, FLORIDA, BY AMENDING TIlE APPROPRIATE ZONING
ATI.AS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE, HEREIN DESCRIBED PROPERTY
LOCATED, ON THE SOlJI'HEAST CORNER OF THE
INT.BRSECl'ION OF UVINGSTON ROAD AND VETERANS
MEMORIAL BOULEVARD IN SECI'ION 13, 'IOWNSlDP 48 SOUI1:l,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE
AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL
PROFESSIONAL AND GENERAL OFFICE (C-l) ZONING DISTRlCT
FOR PROJECT TO BE KNOWN AS TIVOU OFFICE BUilDING
REZONE; PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Laura Spurgeon of Johnson Engineering, Inc., representing Dr.
Michael Arbitman, Trustee, petitioned the Board of County CommiSllioners to change the
zoning classification of the herein dcacribed real property.
NOW THEREFORE BE IT OROAINEID BY THE BOARD OF COUNTY
COMMISSIONERS OF COlLJER COUNTY. FLORIDA that:
SECI10N ONE:
The zoning classification real property described as The Northwest 1,4 of the
Northwest 'A of the Northwest 'A of the Northeast 14 of Section 13, Township 48 South,
Range 25 East, Collier County, FIcirida. as&igned Tax Folio Number 00149720005,
compriaing 2-1/2 acres, more or less, is changed from the Agricultural (A) zoning district
to the Co_rcial Professional and General Office (C-l) zoning district for project to be
known as Tivoli Office Buildlng Rezone and the appropriate zoning atlas map or maps,
as described in Ordinance 2004-41, 8S amended, the Collier County Land Development
Code, is horeby amended accordingly. The herein described real property is the same for
which the rezone is hereby approved subject to the following conditions:
SECITON 1WO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPI'BD by the Board of County .CommillSioners of
Collier County, Florida, this day of , 2006.
.JtI'ft~
ATTEST:
DWIOIIT B. BROCK, CLERK
By:
BOARD OF COUNI'Y COMMISSIONERS
COUJER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
2
178
A'
178
April 6, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: RZ-2005-AR-8483; Tivoli Office Building Rezone
Dear Legals:
Please advertise the above referenced notice on Sunday, May 7, 2006 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.lAccount # 113-138312-649110
178
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, May 23, 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 AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF
LIVINGSTON ROAD AND VETERANS MEMORIAL BOULEVARD IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE
AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL PROFESSIONAL AND
GENERAL OFFICE (C-1) ZONING DISTRICT FOR PROJECT TO BE KNOWN AS
TIVOLI OFFICE BUILDING REZONE; PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE.
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-
1) 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 corner of the intersection of Livingston Road and
Veterans Memorial Boulevard, Section 13, Township 48 South, Range 25
East, Collier County, Florida.
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
'_'__.'N_"__'~__ ". '" .- ..'" -_ Wp. .
Dwight E. Brock
Clerk of Courts
;Cul!,Jity~()fC<JIJier
CLERK OF THE"'CJ!RCUIT COURT
" ,
COLLIER COUNTY CpURT~OUSE
3301 TAMIAMI T~IL EAST
P.O. BOX 4f~044 \.
NAPLES, FLORIDA ~~j 1 0 1-3O-t4
~'l .
it I
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
;:';'d'..,
April 6, 2006
- I
,j .......,7
/
Clay Brooker
Cheffy, Passidomo, Wilson & Johnson
5150 Tamiami Trail N. Suite 502
Naples, FL 34103
Re: Notice of Public Hearing to consider
Petition RZ-2005-AR-8483; Tivoli Office Building Rezone
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, May 23, 2006, as indicated on the enclosed
notice. The legal notice pertaining to this petition will be published in the Naples
Daily News on Sunday, May 7, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
........... . _. ~_~__"_'~"'"'""_"_M_"'"_,____._",__,...
Dwight E. Brock
Clerk of Courts
'GQi!jity- afColJier
CLERK OF THB-GIRCUIT COURT
COLLIER COUNTY 'qoURT~O. USE
3301 TAMIAMI T~IL EAi$T
P.O. BOX 4f~044'\
NAPLES, FLORIDA '~~101-3044
\',( I
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
." .....
April 6, 2006
- I
::"?-;.7
Dr. Michael Arbitman, Trustee
Mahmoud Rahim & Raya Hussain
658 Penn Place
Winter Park, FL 32789
Re: Notice of Public Hearing to consider
Petition RZ-2005-AR-8483; Tivoli Office Building Rezone
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, May 23, 2006, as indicated on the enclosed
notice. The legal notice pertaining to this petition will be published in the Naples
Daily News on Sunday, May 7, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.t1.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.t1.us
T .... -"'_."__.:"r.....
Dwight E. Brock
Clerk of Courts
Cuqpfy-ofC<>'lJier
CLERK OF THE-CIRC(UT COURT
'- \
COLLIER COUNTY ~-'. ,URT~O,.. USE
3301 TAMIAMI T IL EAlST
P.O. BOX 4 ~044 \,
NAPLES, FLORIDA ~;l101-3d44
-j/ i
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 6, 2006
,
., J,1
- "
Laura Spurgeon
Johnson Engineering, Inc.
2350 Stanford Court
Naples, FL 34112
Re: Notice of Public Hearing to consider
Petition RZ-2005-AR-8483; Tivoli Office Building Rezone
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, May 23, 2006, as indicated on the enclosed
notice. The legal notice pertaining to this petition will be published in the Naples
Daily News on Sunday, May 7, 2006.
Yau are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Ann P. Jennejohn
178
",,~
To:
Subject:
legals@naplesnews.com
RZ-2005-AR-8483 Tivoli Office Building
Attachments:
RZ-2005-AR-8483.doc; RZ-2005-AR-8483.doc
Good Morni ng,
Please advertise the attached on Sunday, May 7,2006.
Thank you,
Ann
774-8406
RZ-200S-AR-8483.
doc (23 KB)
RZ-200S-AR-8483.
doc (24 KB)
1
Ann P. Jennejohn
178
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, April 06, 2006 8:28 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT6007914.txt; RZ-2005-AR-8483 Tivoli Office Building
1~1
~
f,;:- ;:-""::-1
LJ
ATT6007914.txt RZ-2005-AR-8483
(229 B) Tivoli Office ...
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
Ann P. Jennejohn
178
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, April 06, 2006 8:28 AM
Ann P. Jennejohn
Delivered: RZ-2005-AR-8483 Tivoli Office Building
Attachments:
RZ-2005-AR-8483 Tivoli Office Building
RZ-200S-AR-8483
Tivoli Office ...
<<RZ-2005-AR-8483 Tivoli Office Building>> Your message
To: legals@naplesnews.com
Subject: RZ-2005-AR-8483 Tivoli Office Building
Sent: Thu, 6 Apr 2006 08:27:48 -0400
was delivered to the following recipient(s):
legals on Thu, 6 Apr 2006 08:27:51 -0400
1
RZ-2005-AR-8483 Tivoli Office Building
Ann P. Jennejohn
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Thursday, April 06, 2006 9:26 AM
To: Ann P. Jennejohn
Subject: RE: RZ-2005-AR-8483 Tivoli Office Building
OK
-----Original Message-----
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@clerk.collier.fl.us]
Sent: Thursday, April 06, 20068:28 AM
To: legals@naplesnews.com
Subject: RZ-200S-AR-8483 Tivoli Office Building
Good Morning,
Please advertise the attached on Sunday, May 7, 2006.
Thank you,
Ann
774-8406
< <RZ -2005-AR-8483 .doc> >
4/6/2006
<<RZ -2005-AR-8483 .doc>>
Page 1 of 1
178
~
II
I
178
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
;":~?';';';;&" Hc.mieH Bl.1snor1j
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.,JiIL.:"" July 24, 2007
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Notice Is h b -
that on TU;&BA~ given
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W. TNE C U CDlJN:'
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h 0: zlJl.COIff~E,1
LA. PilT',!\jlE u~~
.COR~ORATEOA 0$
FL .
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1.1; , ~"~lhW'G"NG
. ~~f,J3't1r"'CL~I'
mf:l.f'& P60Pi:R"'I~
SOllTHEAlT cg rI,..! H E
THE INTI_SEe'ION' g~
b'l-llI1TaN RO'AO AND
ICULEVAAQ ~Er~'&L
~clu.,JOWNS"J ~'.~
COLL'Ir.N'lfJu~
~tgOle.~,flIOM THE AG,
DllTRiCT'io ~lOc'1l~~
r~~~fN'i\~E$~~~~~k
CColl,.ZOl!lltlG DISTRICT
~2~J",.ROJE Ct TO 8E
FI" Ult- TWelVO I Of;: I
PAO" ~~~. ONE,
I ~~~~A~m~_
I AND PiIOVIOIIIQ',N If:'
. F!CTIVEDATE. :'r;: I
I ::JJ,t'~?Jt,~'~~f~:ni
Trust.. of Land Truit
I UAD. and Mahmoud Ra. I
hIm and RaYf; tW~n
r.pr...nt.~~y Clay
Brooker or C""!'Y . PUI'-
domo. WIlton " Johnson
, and Llur. $pur"eon, of
Johnson Englneerng
Inc., reJI"eIjJ~~
from {UA l.cultUral
(A) zonlno dl let 10 lhe
Commll'clal rol8stlon-
I al and aener.' Otftce
(c-!) zonlnL~,'strlctfor
~rJ'JWeMrCl'iu'fllNr.'W
zO"'" TIte 1UbIeet~,
erty,'COf\IIMlriiCt'J. a
aeres. ~- lOe'-rell on e
southeutcerntr 'of the
Intersection; _ 0' "lIvkJg-
I ston Road ~d Veterans
MemorIa' Boulevard
SIel/on 13, Township is
South, Range 25 East
Colli... Countlr, florida. '
Copies of the proposed
D',dh,nllnc. are on file
w t the Clerk to the
Board and Me available
for Inspection. All Inter-
~~'~an'J~~~ed.
NOTE: AI! P<<'SOnS wish.
Ing to .peak on. any
r:~f,,~ ~~~ty~I~:
mlnlstrator.Pf'lor to pre.
sentlstlon of the agenda
Item to be eddrelSld
IndIvidual. speake,.. wuii
be limIted to 5 minutes
on an:i Item. The Hlec- i
tlon of an- Individual to
speak on behalf of an,'
organization or group Is I
encouraged. If recog.1
nlzed by the Chairman
a spOkesperson for a
group or organIzation i
may be allotted 10 mln- i
~~~~ to speak on an
Persons wllh!ng to have
wrItten or graphic ma-
terIals Ineluded In the i
Board agenda packets
must Submit said ma-
teria/ a minImum of 3
weeks prIor to the re-
spectIve public heal'lng.
In any case.. wrltte!n 'ma-
terIals Intended to be
considered by the Board
shall be submitted. to I
I,h..el/approprlate Count~ I
II minimum of stv-
enb/dlcays prior to the i
pu hearl!1Q. All m&-I
terlal used In presenta.
tlons before. the' Board
wIll become a perma-
nent Part orthe ra<yd'
Any pel'lon who decides
to appeal a decIsIon of
~yg, wlUl1Hd a ,...
pertaining e t=d~~3
therefore, m'Vnftd to
ensure that . verbatim
record of tht proce.d.
Ings II made, which reo
cord Includet the t.stl.
mony and ,vIdence
", ~bon whIch the appeal
s ased.
U'~J,~.8JERi C) U NT Y
CFl2kLIER COUNTY
~IDA '
~~~NK HALAS. OHAIR.
K~~~HT E.. SROCK,!
mfl~~ Jennejohn. Dep,
1\4ay 7_~,~!~_I9S
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attachcd copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper
timers) in the issue May 7th, 2006
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
oftice in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
i) /(
/') ~;,
( Signature of affiant)
Sworn to and subscribed before me
This May 8th, 2006
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
178
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already eomplete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to eontact 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 aeted to approve the
item,
Name of Primary Staff Carolina Valera, Principal Planner
Contact
Agenda Date Item was May 23, 2006
A roved b the BCC
Type of Document
Attached _ t.3
Phone Number
659-5729
Agenda Item Number
17B
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, C.V
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.. V,
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
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.
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 OS/23/06 and all changes made during c..t!
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
INSTRUCTIONS & CHECKLIST
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2,24,05
,1/'8
ORDINANCE NO. 06 - 23
AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED 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 PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF LIVINGSTON ROAD AND VETERANS
MEMORIAL BOULEVARD IN SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE
AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL
PROFESSIONAL AND GENERAL OFFICE (C-1) ZONING DISTRICT
FOR PROJECT TO BE KNOWN AS TIVOLI OFFICE BUILDING
REZONE; PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Laura Spurgeon of Johnson Engineering, Inc., representing Dr.
Michael Arbitman, Trustee, petitioned the Board of County Commissioners to change the
zoning classification 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 real property described as The Northwest 1.4 of the
Northwest 1.4 of the Northwest l.4 of the Northeast 1.4 of Section 13, Township 48 South,
Range 25 East, Collier County, Florida, assigned Tax Folio Number 00149720005,
comprising 2-1/2 acres, more or less, is changed from the Agricultural (A) zoning district
to the Commercial Professional and General Office (C-1) zoning district for project to be
known as Tivoli Office Building Rezone and the appropriate zoning atlas map or maps,
as described in Ordinance 2004-41, as amended, the Collier County Land Development
Code, is hereby amended accordingly. The herein described real property is the same for
which the rezone is hereby approved subject to the following conditions:
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this C:<.3/" day of ---.M a V , 2006.
I
1
~:
ATTEST: ,
DWIGHT 'E. Bl~OQK, CLERK
~~n{erc
. 'IS at, ..ttt. t,... .
,f:q~turf'~of1'lll
.' ,< .. >^'. ~ . '" .
d
By:
2
lltJ
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
FRANK HALAS, CHAIRMAN
Item #
1~r2
~~9~~,'du ~~~ (()
~.,,~.~.~.,~ ,._-""~_ m~_'"_"J.J
lId
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 2006-23
Which was adopted by the Board of County Commissioners
on the 23rd 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 24th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~~~~
By: Teresa Dillard,
Deputy Clerk