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Agenda 09/11-12/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA September 11, 2007 9:00 AM Jim Coletta, BCe Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, Bee Commissioner, District 1; CRAB Chairman Frank Halas, Bee Commissioner, District 2 Fred W, Coyle, BCC 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. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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 of 17 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Captain Alejandro Castillo, Salvation Army 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. July 24, 2007 . BCCIRegular Meeting C. July 25, 2007. BCC/Regular Meeting (Continuation of July 24, 2007 BCC Meeting) D. July 25, 2007 . Value Adjustment Board Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards: 5.Year Recipients: Lowell Lam. Utility Authority Jerry Morgan - Utility Authority Sheri Barnett. Utility Authority Robert Mulhere. Development Services Advisory Committee Ann Keller. Contractors Licensing Board 4. PROCLAMATIONS A. Proclamation for Patriot Day to be accepted by Greg Speers, Kevin Rambosk, Jim Elson, Peter Kraley and Don Peacock. B. Proclamation Mr. Peter Thomas Day, to honor Mr. Peter Thomas for his unselfish dedication and service to the community. To be accepted by Mr. Peter Thomas. C. Proclamation for Collier County Firefighter Appreciation Week to be accepted by Angelique Flynn, Program Coordinator, Muscular Dystrophy Association D. Proclamation NAACP Freedom Fund Day to be accepted by Anthony Denson, President, NAACP and Cheryl Seals-Gonzalez, Freedom Fund Dinner Chair. E. Proclamation for National Preparedness Week to be accepted by Rick Zyvolski, Emergency Management Coordinator and Joe Frazier, Homeland Security Coordinator. F. Proclamation for Industry Appreciation Week to be accepted by Tammie Nemecek, Julie Schmelzle and Dick Grant G. Proclamation for Water Reuse Week to be accepted by Dr. George Yilmaz, Dale Waller, Jon Pratt, Millie Kelley and Ray Ognibene. 5. PRESENTATIONS A. Provide the Board of County Commissioners with an update of the progress of the East of County Road 951 Infrastructure and Services Horizon Study Public Participation Master Committee B. Santa Barbara Boulevard - the expansion and improvement of Santa Barbara Boulevard from four (4) lanes to six (6) lanes for 4.0 miles and Radio Road from two (2) lanes to four (4) lanes for 1.22 miles. C. Recommendation to recognize Michele Mosca, Principal Planner, Comprehensive Planning, as Employee of the Month for August 2007. 2 of 17 6. PUBLIC PETITIONS A. Public petition request by Freeman & Freeman Construction, Inc. to discuss rezone fees for 428 and 432 13th Street, Immokalee, FL. B. Public petition request by Alex Brown to discuss the lack of solar power sources. C. Public petition request by James King to discuss storm/wastewater drainage on Captains Cove. D. Public petition request by Richard Eckstein to discuss the distribution of a chemical free fertilizer in Collier County. E. Public petition request by Jim Kramer to discuss removal of traffic control signs upon completion of construction. F. Public petition request by Jim Schulze to discuss the TDR Conservation Program. G. Public petition request by Joe Hamilton to discuss Collier Conservation purchase of Hamilton property. Item 7 and 8 to be heard no sooner than 1 :00 p.m., uniess otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE-2006-AR-1 0551, DeVoe Family Limited Partnership II, represented by Sandra Bottcher of Q. Grady Minor & Associates, P .A., is requesting a parking exemption for the DeVoe Suzuki dealership. The exemption seeks approval of an off-site employee parking area on a residentially~zoned lot to serve the DeVoe Suzuki dealership in the adjacent commercially~ zoned district. The subject property, consisting of 0.23 acres, is located at 1397 Trail Terrace Drive, on the northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in Section 22, Township 49 South, Range 25 East Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. Recommend Adoption of an Ordinance of Collier County, Florida, Amending the Collier County Noise Ordinance, Ordinance Number 90-17, as Amended; Changing Six Definitions; Clarifying Two Exceptions; Deleting References to ASA and ANSI Standards; Authorizing Regulation of Two Types of Noise Without use of Testing Equipment Except when such Noise Is Commonly Emitted from a Permitted Business, Profession or Occupation; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; Providing the Effective Date. 9. BOARD OF COUNTY COMMISSIONERS A. THIS ITEM TO BE HEARD WEDNESDAY, SEPTEMBER 12, 2007 AT 9:00 A.M. Board of County Commissioners to interview County Attorney Recruitment Search Firms. B. Appointment of member to the Contractors Licensing Board. C. Appointment of members to the Fire Review Task Force. D. Appointment of members to the Rural Lands Stewardship Area (RLSA) Review Committee. E. Appointment of members to the Collier County Airport Authority. F. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. G. To appoint a Commissioner and an Alternate to serve on the County Canvassing Board for the 2008 Elections. 3 of 17 H. Appointment of members to the Affordable Housing Commission. I. Appointment of members to the Housing Finance Authority. J. Appointment of member to the Emergency Medical Services Advisory Council. K. Recommendation for the Board of County Commissioners to approve filling a vacant position in the Board's Office. 10. COUNTY MANAGER'S REPORT A. Receive and approve the Progress Report for the Year 2006, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan. (Robert Wiley, Principal Project Manager, Engineering Services Department) B. Recommendation that the Board of County Commissioners direct staff to amend the Conservation Collier Ordinance No. 2002~63 in order to make various procedure related changes so that efficiency and cost effectiveness will be increased, and to make various non~substantial changes for consistency and clarification. (Alex Sulecki, Principal Environmental Specialist, Facilities Management) C. This item to be heard at 11 :00 a.m. immediately following Item 14A. Recommendation for the Collier County Board of Commissioners (BCC) to approve a Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $9,000,000 Revolving Line of Credit Agreement with Wachovia Bank; approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) D. This item to be heard on or about 11 :00 a.m. A Resolution of the Board of County Commissioners of Collier County, Florida, acting as the Governing Body of Collier County, Florida and the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, authorizing the issuance of not exceeding $6,250,000 in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, to finance the costs of certain roadway lighting, roadway- related drainage and roadway restoration within the Forest Lakes MSTU and to pay certain costs and expenses incurred with the issuance of the Series 2007 Bonds; Providing for the payment of said Bonds from ad valorem taxation levied in an amount which shall not exceed four mills on all taxable property within the boundaries of the MSTU; Making certain covenants and agreements in connection therewith; Providing for the rights of the holders of such bonds; authorizing the awarding of said Series 2007 Bonds pursuant to a public bid; Delegating certain authority to the Chair for the award of the Series 2007 Bonds and the approval of the terms and details of said Series 2007 Bonds; Authorizing the publication of a notice of sale for the Series 2007 Bonds or a summary thereof; Appointing the paying agent and registrar for said Series 2007 Bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect to the Series 2007 Bonds; Authorizing the execution and delivery of a continuing disclosure certificate with respect to the Series 2007 Bonds; Authorizing municipal bond insurance for the Series 2007 Bonds; and providing an effective date. (Mike Smykowski, Director, Office of Management and Budget) E. Recommendation to award contract #07-4176, South Regional Library to DeAngelis Diamond Construction for the construction of the South Regional Library, project 54003, in the amount of $6,519,813 and approve the necessary commercial paper loan and budget amendments. (Hank Jones, Senior Project Manager, Facilities Management) F. Recommendation that the Board of County Commissioners considers and directs staff to make changes to the County-Wide Impact Fee Deferral Program. (Jeff Klatzkow, Assistant County Attorney) 4 of 17 G. Recommendation to award RFP #07-4126, Janitorial Services to OneSource Facility Services, Inc. ($2,144,446.68) (Damon Gonzales, Facilities Manager, Facilities Management) H. Recommendation to accept the Report on Review of Bid No. 07-4127 "Office Supplies," submitted by the Collier County Office of Management and Budget. (Laura Davisson, Budget Analyst, Office of Management and Budget) I. That the Board of County Commissioners approves the award Bid 07-4127 for Office Supplies to Corporate Express. (Steve Carnell, Director, Purchasing Department) J. Recommendation to award Bid No. 07-4179 Marco Island Recycling Center to Vanderbilt Bay Construction, Inc. In the amount of $1,299,975 for construction of the new Marco Island Recycling Center, Project Number 59003. (Dan Rodriguez, Director, Solid Waste) K. Recommendation to award Bid # 07-4173 Gordon River Water Quality Park in the amount of $9,852,655.04 to Kraft Construction Company, Inc. and allocate $9,852,655.04 to construct the Freedom Park (aka Gordon River Water Quality Park), Project Number 510185, Bid No. 07-4173. (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 11 :00 a.m. Recommendation that the Collier County Community Redevelopment Agency (CRA) approve selection of Wachovia Bank to provide a $9,000,000 Revolving Line of Credit to purchase real property and finance various capital improvement projects within the Bayshore Gateway Triangle eRA; approve a Resolution approving the form of a Line of Credit Agreement and Master Note; authorize the CRA Chairman to sign other documents in connection therewith and make draws against the Line of Credit as needed; pledge Bayshore Gateway Triangle CRA Tax Increment Funds (TIF) and other legally available moneys as the loan repayment source; and authorize all necessary budget amendments (Companion to Item 10C) (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facilities for Park Central North 2. Recommendation to approve final acceptance of the water and sewer utility facilities for Saturnia Lakes, Phase 2 3. Recommendation to approve final acceptance of the water and sewer utility facilities for Saturnia Lakes, Phase 1 B 5 of 17 4. Recommendation to approve final acceptance of the water and sewer utility facility for Saturnia Lakes, Phase 3 5. Recommendation to approve final acceptance of the water and sewer utility facilities for Addison Reserve 6. Recommendation to approve final acceptance of the water and sewer utility facilities for Saturnia Lakes, Phase 1A 7. Recommendation to approve final acceptance of the water and sewer utility facilities for Oakridge Middle School 8. Recommendation to grant final approval of the roadway (private) and drainage Improvements for the final plat of Wilshire Lakes, Phase Two, the roadway and drainage Improvements will be privately maintained. 9. Recommendation to grant final approval of the roadway (private) and drainage Improvements for the final plat of Charlee Estates. The roadway and drainage improvements will be privately maintained. 10. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Charlee Estates Phase Two. The roadway and drainage improvements will be privately maintained. 11. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Tracts S-1 and S-2, Vineyards Unit 3, Replat 12. Recommendation to approve the Release and Satisfaction of Lien for payments received for the following Code Enforcement actions. 13. Recommendation to award Bid #06-4013 -- Background Check Annual Contract to Sterling Testing Systems, Inc. and Ad.VANCE Screening Solutions, Inc. for an estimated annual expenditure of $75,000.00. 14. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Circle K Corporation. 15. Recommendation to approve final acceptance of the water and sewer utility facilities for Classics Plantation Estates, Phase 2A. 16. Recommendation to approve final acceptance of the water and sewer utility facilities for Remington Reserve. 17. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Grey Oaks Unit Seventeen. The roadway and drainage improvements will be privately maintained. 18. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Grey Oaks Unit Eighteen. The roadway and drainage improvements will be privately maintained. 19. This Item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this Item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Biscayne Bay at Heritage Bay Unit Four, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 20. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, an Easement Use Agreement which would allow construction of improvements over a portion of a drainage easement held by Collier County at 140 Via Napoli Drive. 6 of 17 21. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two-G 22. Recommendation that the Board of County Commissioners of Collier County, Florida, approve the subordination of an existing lien held by the County pursuant to Collier County Ordinance No. 2003-61. 23. Recommendation that the Board of County Commissioners authorize the County Manager or his designee to create two (2) permanent Full Time Equivalent (FTE) positions within the Community Development and Environmental Services (CDES) Division to replace the existing two State of Florida Department of Environmental Protection FTEs who provide enhanced environmental resource permitting assistance currently employed by the Florida Department of Environmental Protection, South District Office. 24. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 11, Del Webb at Ave Maria Parcels 106, 110,112,113 & 115, approval ofthe standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 25. Recommendation to award a professional service retainer contract 07- 4150 for Grant Writing & Project Management Oversight Services. 26. To receive the Board of County Commissioners approval to award a contract to White & Smith, LLC Planning and Law Group to work with staff to update and re-write identified sections of the Land Development Code. The contract amount of $150,000 would be funded from previousiy Board approved and budgeted capital funding within CDES, specifically the Zoning Department. 27. Recommendation that the Board of County Commissioners of Collier County, Florida approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2008, and authorizing the Chairman of the Board of County Commissioners to sign the agreement on behalf of Collier County. 28. Authorize the Chairman or his designee to sign a letter of support for the updated Comprehensive Economic Development Strategy (CEDS) prepared by the Southwest Florida Regional Planning Council's Economic Development Strategy Committee. B. TRANSPORTATION SERVICES 1. Recommendation that the Board of County Commissioners approve the Landscape Maintenance Agreement between Collier County, Florida and the Ivy of Naples Grande Community Development District for landscaping within the right-of-way on Golden Gate Parkway. 2. Recommendation that the Board of County Commissioners approve the attached budget amendment and Reimbursement to Bayvest, LLC., and to authorize the Chairman of the Board of County Commissioners to execute said reimbursement to Bayvest, LLC. in which Collier County would be responsible for a total estimated cost of $99,125.21 for design and construction of the pole relocation. 3. Recommedation to award Bid #07-4157 "Golden Gate Blvd. Phase 3 (13th Street SW to Wilson Blvd.)Landscape Maintenance Annual Contract" to Vila & Son Landscaping in the amount of $54,276.10, Fund #111, Cost Center 163815. 7 of 17 4. Recommendation that the Board of County Commissioners adopt a Resolution approving, and authorize its chairman to execute, a supplemental agreement to amend a Local Agency Program (LAP) agreement previously entered into with the Florida Department of Transportation for construction of roadway lighting on State Road 84 (Davis Boulevard). 5. Approve the purchase of 2.51 acres (Parcel #215) of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $251,755.00) 6. Recommendation to approve an amendment to the Development Agreement with Stock Development, LLC., (Developer) and Collier County (County) to provide options for access and circulation to the commercial parcels adjacent to Collier Boulevard and Grand Lely Drive. 7. Recommendation to approve an Interlocal Agreement between the School District of Collier County, collectively referred to as "District, and Collier County, herein referred to as County, to construct the traffic signal at the intersection of Veterans Memorial Boulevard and Livingston Road. 8. Recommendation to approve an Interlocal Agreement between the School District of Collier County collectively referred to as "District, and Collier County, herein referred to as County, for improvements at four elementary schools within Collier County. 9. Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Supplemental Agreement with the Florida Department of Transportation (FDOT), for the purchase and installation of prefabricated pedestrian bridges crossing the Cocohatchee River and one of its tributaries on the west side of Vanderbilt Drive within the existing right~of~way. ($586,500) 10. Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Supplemental Agreement with the Florida Department of Transportation (FDOT), for the purchase and installation of two (2) prefabricated pedestrian bridges crossing the Santa Barbara Canal on both sides of Golden Gate Parkway within the existing right-of-way. ($262,500) 11. Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation (FDOT), in which Collier County would be reimbursed up to $704,375 for the construction of sidewalks on Roberts Avenue from North 9th Street to North 18th Street (Dupree Drive) and on North 9th Street from State Route 29 to Immokalee Drive. (Project # 601202) 12. Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) in which Collier County wouid be reimbursed up to $170,625 for the construction of a sidewalk on North First Street from Roberts Avenue to State Route 29. (Project # 601202) 13. Approve the purchase of 2.81 acres of improved property which is required for road right-of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168 (fiscal impact: $384,792.50) 14. Recommendation to approve Change Order No.2 to add $605,379.00 for continuing Inspection Services for PBS&J under ITN 05-3583 "CEI Services for Collier County Road Projects" for Project No. 66042B - Immokalee Road six laning project from US41 to 1-75. 15. Recommendation to approve a budget amendment in the amount of $82,775 for a Work Oder to PBS&J to provide Professional Services for the Palm River Unit #8 Stormwater Improvements (Project No. 511361) 8 of 17 16. Recommendation to approve a reconveyance of a real property interest in accordance with Section 255.22, Florida Statutes (Fiscal Impact: None.) 17. Recommendation to Approve the FY 2007 Transit Development Plan (TDP) Annual Progress Report. 18. Recommendation to accept a funding agreement with the South Florida Water Management District to share in a portion of the construction costs of the Gateway Triangle Stormwater Improvement Project in the amount of $100,000, Project 518031. 19. To present to the Collier County Board of County Commissioners for approval, the additional paratransit operator selected by McDonald Transit Management, Inc., operating as Collier Transit Management, Inc., d/b/a/ Collier Area Transit to perform paratranslt services in Collier County. 20. Report to the Board of County Commissioners outlining the year end FY 2007 closure of certain MSTU Project Funds (Funds 132, 136, 150, 155, 156, and 160) which were identified within the approved FY 2006-2007 budget; request approval of all necessary FY 2007 Budget Amendments intended to close said project funds; and direct the Clerk of Courts Finance Section to transfer residual cash from each project fund to the corresponding MSTU cost center fund ( Either Fund 142,153,158,159,162 and 163) established within the approved FY 2007 budget. C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution acknowledging: (1) certain specified actions related to the administration of low interest State Revolving Fund loans involving the exercise of independent judgment thereby requiring Collier County Board of Commissioner approval and (2) actions related thereto that are administrative or ministerial in nature and authorizing the County Manager or his designee to take appropriate action. 2. Recommendation to approve a Budget Amendment appropriating additional revenue received in the Mandatory Trash Collection Fund for trash collection services and Collier County Landfill tipping fees during FY 2007. Fiscal impact to Fund (473), Mandatory Trash Collection, is $410,500. 3. Recommendation to approve the acquisition of a 4,113 square foot Utility and Access Easement near the southwest corner of 3811 7th Avenue SW for a public water supply well site easement, at a cost not to exceed $25,500, Project Number 700661. 4. Reject the result of Bid #07-4147, attained by Jan Mac Construction, Inc., for Acoustical Improvements at the Carica Pump Station, Project Number 710081. 5. Recommendation to approve acquisition of Utility Easements required for the replacement and rehabilitation of the water distribution system serving Cypress and Dalton Mobile Home Parks on Auto Ranch Road at an estimated cost not to exceed $2,200, Project Number 710103. 6. Recommendation to approve Change Order 4 to Contract 05-3766R with Douglas N. Higgins, Inc. for the construction of a Pigging Station for Immokalee Road 30-inch Force Main in the amount of $135,594.00. Project 73943. 7. Approve an Assignment and Assumption Agreement between Immokalee Disposal Company, Inc. and Choice Environmental Services of Collier, Inc. to assign and transfer to Choice Environmental Services of Collier, Inc. all interest in the District II Franchisee Agreement for solid waste recyclable materials, and yard trash collection services with Collier County. 8. Approve payment of non-bid driveway related construction items to NR Contractors Incorporated under Bid #05-3872 Repair of Driveways. 9 of 17 D. PUBLIC SERVICES 1. Approval of Facility Use Agreements between Collier County Public Library and Collier County Supervisor of Elections for use of Naples Branch Library and East Naples Branch Library as polling precincts and authorization for Library Director to sign the agreements. 2. Recommendation to approve the after-the-fact submittal of the attached Wildflower grant application to the Florida Wildflower Foundation to develop wildflower planting areas at Eagle Lakes Community Park. 3. Recommendation to approve a budget amendment appropriating $40,000 from 306 reserves for entry road lighting upgrades at East Naples Community Park. 4. Recommendation to enter into an Interlocal Agreement with The School District of Collier County and to approve a project in the amount not to exceed $400,000 to install lighting to improve existing facilities associated with property at Veterans Memorial Elementary School 5. Recommendation to approve a Florida Recreation Development Assistance Program{FRDAP)Grant Agreement in the amount of $200,000 for development of Delasol Neighborhood Park and necessary budget amendments. 6. Recommendation to approve a Florida Recreation Development Assistance Program (FRDAP) Grant Agreement In the amount of $200,000 for improvements to Golden Gate Community Park and necessary Budget Amendments. 7. Recommendation to approve the after-the-fact submittal of the 2007 State of Florida Homeless Housing Assistance Grant known as HHAG application to the Department of Community Affairs Office on Homelessness. 8. Recommendation to approve a Florida Clean Vessel Act Grant Agreement in the amount of $30,379 for deveiopment of a Vessel Pump Out Station at Caxambas Park and necessary budget amendments. 9. Recommendation to approve the after-the-fact submittal of the Community Libraries In Caring Program grant application to the Florida Department of State, State Library and Archives of Florida for a Immokalee Library Homework Help Grant, in the amount of $10,000. 10. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010, as required by the Florida Housing Finance Corporation. 11. Recommendation to waive formal competition and to approve a contract with Whitewater West Industries for supply and installation of the 5th slide at Sun n Fun Lagoon in the amount of $180,000. 12. Recommendation for the Board to approve and authorize the Chairman to sign the U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) funds for FY 2007-2008. 13. Recommendation to provide after-the-fact approval of a Certification of Local Government Approval required for a Federal Emergency Shelter Grant as requested by the Shelter for Abused Women and Children. 14. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve a budget amendment to reflect an Increase of $2,158 in the Alzheimers Disease Initiative program. 10 of 17 15. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. for the Home Care for the Elderly grant in the amount of $115,329 and approve a budget amendment. 16. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $9,353 in the Community Care for the Elderly program. 17. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Alcime (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 138, Independence Phase II. 18. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 31, Trail Ridge. 19. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 32, Trail Ridge. 20. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 33, Trail Ridge. 21. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 34, Trail Ridge. 22. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 35, Trail Ridge. 23. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 36, Trail Ridge. 24. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 130, Trail Ridge. 25. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 168, Trail Ridge. 26. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 169, Trail Ridge. 11 of 17 27. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County Impact fees for an owner-occupied affordable housing unit located at Lot 170, Trail Ridge. 28. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with George Langkll Jr. (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 199, Trail Ridge Naples. 29. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the annual Certification for Implementation of Regulatory Reform Activities by the State Housing Initiatives Partnership (SHIP) Program. 30. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Anthony McClain and Angelique McClain (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 201, Trail Ridge Naples. 31. Recommendation to approve a request to apply for a Florida Recreation Development Assistance Program Grant in the amount of $200,000 for improvements to Immokalee Sports Complex. 32. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $2,911 in the Older Americans Act program. E. ADMINISTRATIVE SERVICES 1. Recommendation to adopt a resolution approving the FY'08 Pay/Classification Plan providing a wage adjustment & a merit increase on 1011/07; to continue the creation/modification/deletion of classificatlons/assignment of pay ranges from the FY'08 Pay/Classification Plan. 2. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 3. Recommendation to approve Appendix 3 and 4 for the purchase of additional SAP licenses according to the terms of the SAP Public Services, Inc. Software End-User License Agreement. ($290,891.25) 4. To authorize payment of invoices submitted by Sunshine Pharmacy, which were submitted out of alignment from the contract requirements. 5. Recommendation to award contract 07- 4142 Fixed Term Value Engineering Services to two firms. 6. Recommendation that the Board of County Commissioners authorize the Human Resources Department to research, draft, and advertise an amendment to the Collier County Fingerprinting Ordinance No. 04-52 to require fingerprinting for all Collier County employees and certain County contract employees as defined by 125.5801, Florida Statutes. 7. Recommend that the Board of County Commissioners approve purchase of Stertil-Konl mobile automotive lift systems from Heavy-Duty Lift and Equipment as a sole source distributor without the formal bid process in FY 2007 and FY 2008. 12 of 17 8. Recommendation to approve an Agreement for Sale and Purchase of Lots 11 and 12 in the North Naples Research and Technology Park to house an EMS Facility at a cost not to exceed $690,375, Project Number 551701, and to approve commercial paper for the purchase of the land and associated expenses, including preconstruction costs tor design modifications and civil engineering, In the net amount of $875,000. F. COUNTY MANAGER 1. Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meeting dated August 14, 2007) 2. Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meeting dated August 28, 2007) 3. Recommendation that the Board of County Commissioners approves an Agreement with American Medical Academy, Inc., which would allow paramedic students to participate in skill training and field experiences under the supervision of the Collier County Emergency Medical Services Department. 4. Recommendation that the Board of County Commissioners Award Bid #07-4158 in the amount of $58,300 for the Purchase and Delivery of Pine Straw Mulch to Custom Pine Straw, Inc. 5. Recommendation to approve the annual five percent (5%) increase in Consultant Fees for the Medical Director of Emergency Medical Services as described in the Emergency Medical Services Medical Consultant Contract for a total of $100,485 for FY 08. 6. Recommendation that the Board of County Commissioners approve budget amendments in the amounts of $20,000 to reduce the transfer of excess funds from the Law Library Fund (640) to Court Innovations Fund (192); reduce reserves in Court Innovations Fund (192); and approve the purchase of books for the Law Library. 7. Recommendation to approve an Agreement between the Florida Department of Community Affairs and Collier County accepting $8,403 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within the County and approve the Budget Amendment necessary to recognize and appropriate $8,403 as revenue. 8. Recommendation to approve the Interlocal Agreements between Collier County and East Naples Fire Control and Rescue District and Collier County and North Naples Fire Control and Rescue District for an Advanced Life Support Engine Partnership Program. 9. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget. 10. Recommendation that the Board of County Commissioners approves the attached Interagency Agreement between Collier County and the Department of Juvenile Justice regarding confidentially of records and authorizes the Chairman to execute said agreement. 11. Recommendation to approve a Lease Agreement with North Naples Fire Control and Rescue District for shared use of the Countys Heritage Bay Public Safety Facility at no annual cost. 12. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $16,500,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Collier County Sheriffs Special Operations Building; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 13 of 17 G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4000 Harvest Court ($90,000). H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation designating September 24, 2007 as Family Day - A Day to Eat Dinner with Your Children. To be mailed to Joseph A. Califano, Jr., National Center on Addiction and Substance Abuse at Columbia University. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid In advance to attend the Blue Foundation Grant/Provider's Staff Appreciation Lunch on September 19, 2007 and is requesting reimbursement in the amount of $15.00, to be paid from his travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Naples Press Club: Taxes, Terror & Trenchcoats Luncheon on Thursday, September 27,2007 at the Collier Athletic Club; $20.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend and present awards at the EDC Amazing Place - 2007 Excellence in Industry Awards Evening Gala Celebration on September 13, 2007 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget. 5. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend as Master of Ceremonies at the Southwest Florida Workforce Development Board Awards Dinner on September 14, 2007 and is requesting reimbursement in the amount of $25.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of July 07, 2007 through July 13, 2007 and for submission into the official records of the Board. 2. To obtain board approval for disbursements for the period of July 14, 2007 through July 20,2007 and for submission into the official records of the board. 3. To obtain Board approval for disbursements for the period of July 21, 2007 through July 27, 2007 and for submission into the official records of the Board. 4. To obtain Board approval for disbursements for the period of July 28, 2007 through August 03, 2007 and for submission into the official records of the Board. 5. To obtain board approval for disbursements for the period of August 04, 2007 through August 10,2007 and for submission into the official records of the board. 14 of 17 6. To obtain Board approval for disbursements for the period of August 11, 2007 through August 17,2007 and for submission into the official records of the Board. 7. To obtain Board approval for disbursements for the period of August 18, 2007 through August 24,2007 and for submission Into the official records of the Board. 8. Recommendation that the Board Of County Commissioners Approve an Agreement Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Heritage Greens Subdivision. 9. Recommend that the Board Authorize the Extension of the Tax Roll Before Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323, F.S. Tax Collector's Request. 10. Authorize the Chairman to execute the sales order with Election Systems and Software to purchase new voting system and to allow the recognition of revenue from the Department of State and to approve a budget amendment. 11. To obtain approval from the Board of County Commissioners to prepay Community Development and Environmental Services capital debt. 12. To obtain Board approval of EMS banking service fees associated with outsourced billing processes with AD PI. K. COUNTY ATTORNEY 1. Recommendation for the Board of County Commissioners to approve and ratify the payment of invoices from Garvin & Tripp for professional services rendered in the litigation cases Brock v. Collier County, et al., Case No. 04-941 consolidated with Case Nos. 05-953 and 05-1506; and Collier County v. Brock, Case No. 07-1056, now pending in the Twentieth Judicial Circuit. 2. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel 163 in the Case Styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project #60027) (Fiscal Impact: $4,000.00). 3. Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 806 & 706 in the lawsuit styled CC v. James M. Brown, et al., Case No. 06-0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $16,607.55) 4. Recommendation to approve a Stipulated Final Judgment for Parcel 129 in the lawsuit styled CC v. West Coast Development Corporation of Naples, Inc., et al., Case No. 06-0708-CA (Santa Barbara Boulevard Project No. 62081). (Positive Fiscal Impact of $19,314.35). 5. Recommendation to Approve a Stipulated Final Judgment in the Amount of $15,000.00 for the Acquisition of Parcel 815 in the Lawsuit Styled Collier County v. Myrtle Preserve LLC, et aI., Case No. 07-0463-CA (Lely Area Stormwater Improvement Project #511011). Fiscal Impact: $6505.00) 6. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 127,827, 727A & 727B in the lawsuit styled CC v. Napoli Luxury Condominiums P.O.A., Inc., et aI., Case No. 06-1299-CA (County Barn Road Project No. 60101). (Fiscal Impact $204,888) 7. Recommendation to adopt a resolution approving the County Attorney Office 2008 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase effective on October 1, 2007 (the first day of the first pay period in Fiscal Year 2008). 8. Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revenue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. 15 of 17 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT-2007-AR-11897, to disclaim, renounce and vacate the Countys and the Publics interest in a 14 foot wide Fire Access Easement over Tract A4, Wilshire Lakes Phase Two, a subdivision as recorded in Plat Book 27, Pages 24 through 27 of the Public Records of Collier County, Florida, situated in Section 31, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically described in Exhibit A. B. Recommendation that the Board of County Commissioners adopt a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and adopt an Ordinance to amend the Collier County Utilities Standards and Procedures Ordinance. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8894, 1-75 Associates, LLC, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., are requesting two 2-year PUD Extensions for the Golden Gate Commerce Park PUD. The subject project is located on the northwest quadrant of the intersection of Collier Boulevard (CR-951) and Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. D. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non~ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $17,288,400. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT-2007-AR-11657, to disclaim, renounce and vacate the Countys and the Publics interest in a 20 foot wide Lake Maintenance Easement, Irrigation Easement & Drainage Easement over a portion of Lot 97, Lot 98, and Tract K, Marbella Lakes, a subdivision as recorded in Plat Book 46, Pages 77 through 82 of the Public Records of Collier County, Florida, situated in Section 19, Township 49 South, Range 26 East, Collier County, Florida, and being more specifically described in Exhibit A. F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDEX-2005-AR-7944 Victoria Estates, Ltd., represented by R. Bruce Anderson, of Roetzel & Andress and Ralph Abercla, represented by Richard Y ovanovich, of Goodlette, Coleman & Johnson, are requesting two 2-year PUD extension of the Collier Boulevard Mixed Use Commerce Center PUD. The subject property, consisting of 70.2 acres, is located in the southwest quadrant of the intersection of Collier Boulevard and Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. 16 of 17 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 of 17 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 11. 2007 Item 10D: In the executive summary, the first sentence under Considerations should read: "On November 7, 2006 a majority of all qualified registered electors within the boundaries of the Forest Lakes Roadway and Drainage MSTU approved a referendum for the issuance of general obligation bonds to finance the construction of certain capital improvements within the Forest Lakes Municipal Services Taxing Unit (MSTU)." Also, the Fiscal Impact should read: "The pledge for this bond is a Forest Lakes MSTU tax levy as approved by voter referendum not to exceed 4.0000 mills. The final maturity of these bonds will be January 1, 2022." (Commissioner Coyle's request.) Add Item 10L: Request to the Collier County Board of County Commissioners for approval of a Resolution clarifying the County's prior 2002 Resolution regarding use of interest earned on the investment of County funds. (Staff's request.) Item 16A23: The "Legal Considerations" portion of the Executive Summary was omitted and should read as follows: "The draft letter, dated September 12, 2007, terminating the Intergovernmental Agreement between the County and the Department of Environmental Protection dated March 24, 2004, meets the termination requirements of Paragraph 6 of that Agreement. (Staff's request.) Withdraw Item 16B16: Recommendation to approve a reconveyance of a real property interest in accordance with Section 255.22, Florida Statutes (Fiscal Impact: None.) (Petitioner's request.) Item 16D1: This item should be amended to seek approval of Facility Use Agreements between Collier County, Florida and the Collier County Supervisor of Elections for use of the Naples Branch Library and the East Naples Branch Library as polling precincts and for authorization for the Chairman of the Board of County Commissioners to sign the agreements (rather than the Library Director.) (Staff's request.) Withdraw Item 16D4: Recommendation to enter into an Interlocal Agreement with the School District of Collier County and to approve a project in the amount not to exceed $400,000 to install lighting to improve existing facilities associated with property at Veterans Memorial Elementary School. (Staff's request.) Move Item 16D11 to 10M: Recommendation to waive formal competition and to approve a contract with Whitewater West Industries for supply and installation of the 5th slide at Sun-N-Fun Lagoon in the amount of $180,000. (Commissioner Fiala's request.) Time Certain Items: Item 9A to be heard Wednesdav. September 12.2007 at 9:00 a.m.: Board of County Commissioners to interview County Attorney Recruitment search firms. Item 10C to be heard at 11 :00 a.m. followinQ Item 14A and 14B: Recommendation for the Collier County Board of Commissioners (BCC) to approve a Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $9,000,000 Revolving Line of Credit Agreement with Wachovia Bank; approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments. Item 1 OD to be heard on or about 11 :00 a.m.: A Resolution of the Board of County Commissioners of Collier Count y, Florida, acting as the Governing Body of Collier County, Florida and the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, authorizing the issuance of not exceeding $6,250,000 in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, to finance the costs of certain roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes MSTU and to pay certain costs and expenses incurred with the issuance of the Series 2007 Bonds; (For simplicity and because of the length, this is not the complete title.) Item 14A to be heard at 11:00 a.m. and to be heard prior to companion Item 10C: Recommendation that the Collier County Community Redevelopment Agency (CRA) approve selection of Wachovia Bank to provide a $9,000,000 Revolving Line of Credit to purchase real property and finance various capital improvement projects within the Bayshore Gateway Triangle CRA; approve a Resolution approving the form of a Line of Credit Agreement and Master Note; authorize the CRA Chairman to sign other documents in connection therewith and make draws against the Line of Credit as needed: pledge Bayshore Gateway Triangle CRA Tax Increment Funds (TIF) and other legally available moneys as the loan repayment source; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA.) Move Item 16G1 to 14B. which will be heard at 11:00 bv CRA immediatelv followinQ Item 14A: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4000 Harvest Court ($90,000). (Staff's request.) Agenda Item No. 3A September 11, 2007 Page 1 of 2 Board of County Commissioners Advisory Committee Service Awards Recipients Tuesday, September 11, 2007 Name # of Years Advisory Board Lowell Lam 5 Utility Authority Jerrv Morean 5 Utility Authority Sheri Barnett 5 Collier County Code Enforcement - North Robert Mulhere 5 Development Services Advisory Committee Ann Keller 5 Contractors Licensinq Board - - Page 1 of 1 AQenda !tern No. 3A September 11, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summ.ry~ 3A Advisory Committee Service Awards 5-Year Recipients lowelllam - Utility Authority Jerry Morgan - Utility Authority Sheri Barnett. Utility Authority Robert Mulhere - Development Services Advisory Committee Ann Keller - Comractors Licensing Board Meeting Date: 9/11/20079:QO:QOAM Prepared By Paula Springs Board of County Commissioners E"eculiveAidelotheBCC Date BCCOffice 8122/20072:34:17 PM Approved By Sue Fijson Executive Manager to thr- BCC Date Board of County Commissioners BCCOffice 8/22/20073:33 PM Approved By JamesV. Mudd County Manager D~. Board ofCounly Commissioners Counly Manager's Office 8122120074:55 PM filf','!lr'\A Pf'nclI'lTf'!':t\Fxn()rt\RR.S~tf'mher%?.o 11 %202007\01. %20SER VICE%20A WARD.. 9/512007 Agenda Item No. 4A September 11, 2007 Page 1 of 2 ,~ PROCLAMA rION WHEREAS, in December 2001, Congress approved a joint resolutitm to designate September 11 of each year as Patriot Day: and, WHEREAS, during this observance, Americans are urged to remember those who perished in the terrorist affacks of September 11, 2001, and never forget how Americans responded in New York City, at the Pentagon, and in the skies over Pennsylvania-with heroism and self-sacrifice: and; WHEREAS, on that day, and in its aftermath, we saw the greatness of America in the bravery of the victims, in the heroism of first responders who laid down their lives to save others, in the compassion of people who stepped forward to help those they had never met" and in the generosity of mJ1lions of Americans who enriched Ol./f' country with acts of service and kindness: and, - WHER€AS, from the tragedy of September 11 emerged a stronger Nation, renewed by a spirit of national P,:~ff/f",,?(!tf,"q~:,t(Y/'L.!()ve of country: and, 'J 7,i'F,.<:,"1'1~H ~E;~;:';" :FH;:F~:; .:'-!E ~f~;::~:, :'" WHeREAS, those whom'!?;'~(,fff ';on '~h~t,/l:tJ.gYc;;-?~K.,,~:ir.[!ri'f~~cl'er hold a cherished place in our: ,~~~qrrJ'and/;"::th~' hfstoryi~f- p'Ur;:fJqt~'onl' ana. !::\::-':>S~~~f~~;~'~~).:- - ,,,:.,,,.,,,,,:',\.,:t',;y" 7,;<',;, J,: WJ-IEREAS, as we re.T~mijilf'5eptelT1u:', 1,1, 2001;'_ we,:,ri:.af~~rm;,'t1e vows made in the e4~J{~it~E~~~ ~(.- 'our~', grl~~~.a.,!d, ';1l1g;;!:~, "/:~,~f-;'1~t>:t;t'tys home and t:lefel/cfer;'!~:,;-~';neric(J f~!!I:'n~t:ji;'c, wi/ln'!t:_,~~/teh,::~iJ~:;wIJI not faN in fight(lJgi'iq.H'~the safety :and se.c~r;tyof;~hF:.2f'!lerIC~;L:;'e.ople and 0 world fre~-:jr'~~~errcr,sm/_~ntt,' "..:',:>-:'::^:~::_-i',;,:,:i:;:!'~;'i~." WHEREAS, the -,€~f!r;>>:t~f cotJ,niy:_commissk+e~s.,:^'~ould like to ~rtffogiJ~je our Armed Forr:€i(wafiJpave -p~~~/Jed. -the w9r G!!'!(n,st terroris,ip~1lf:lt;~,:yalor and skill and lo/ti~:t6ii President., of the_ United States in5ciffic~tJlfy recognizing , I', ,',:'/".~",:':' :".'I~i':';"tc today"a~~Pptr;t9t Day. '.,_;;i,il',:~;'::: '-i:'; \l:B,'{tt:;;::'::"::f:;;., , , :' , "'~_, \;;;, , J(ri,:':,,',:i1":'f,:',:i,';( NOW TMEREFOR€. bli:;{'trkro~fq(fr]~d.,hy:the"f!oa,:iii::~ff,i;.qut;t;y,./;iJ/ntij!isioners of Collier . ,",",' c. ~:--L', ,: , ' " ':0:' ,'" ,', '" ," ,',".'" ':, :,,"" ','_ ~ County, Florida, that Sepfe."!,Be.r',)~~,,'l9P;;kf r:(cf/sl..'{(j_tt!cf a~i::; :1:';-' ~'.F;,' "'".,, ,. i.'":,, ,,:"~,';:~~';,~__" ',c' PATR1QTD1~i:' . ..' \:;. DONE AND ORDERED on this 11'" doy of September 2007. BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN A TTFSTc DWIGHT E. BROCK. CLERK - Page 1 of 1 Agenda l1em No. 4A September 1 i, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ltemNumber: Item Summary; ,1A Meeting Date: Proclamation tor "'atria! Day to be 8ccepted by Gff!g Speers KevlIl Rambosk, Jim Elson Peter Kraleyand Don Peacock f!111120072000QAM Prepared By Paula Springs Board 01 County Commissioners E:lCeculive Aide to the Bce Date BCCOffic.. SIS/200710:00:16AM Approved By Sue Filson EKecLltivll Manager to the BCC Date Board of County Commissioners BCCOIfi<:e 9/S/200710:05AM AppruvedBy .lam,,~V. Mudd County Manager Date 80ilrd of County Commls"ioflers County Manager's Off,ee 9/5/200712:23 PM til~'//("\Apen{hITe"t\Fxnor1\RR.Scntemher'l/;',)011 oj,,202007\04 %20PRO('l .AMA T10KS\4A \.. 9/5/2007 ~ WHEREAS, ,.,+r . 1',<..':' ," - ,,', WHEREAS, .' .,'''''--- " ,. WHEREAS, "X~_' ',"'-::;-'''--' -'7."-':')' ," " ":,C;')7;\';1"r';;"mc""-:~,,,.:"_,;;", ';.'.,'1',,"' -.,'-"'.'>,, ,~>? -- , -, " - , PROCLAMA rION . -', ....". Agenda JtemNo. 48 ',. $e tember 11, 2007 "."1,.' Page 1 of 2 ',. T , - - , '- , , ~ . - "~.,-':' thIs life-"Iterirtg' experieiJce as a Soldier gave him a deePer' apj>rW~iati~m - ;, '" ,-,:-:,,' ,'-,: < ' ", ,. -".:-, ',,:', , ,:, ::';, <:. :., ':" _~1".':-?:.' ft1rfell()~-$ervlce,memker:$~_'hiS cDuntrr",-andfreedom; Q'!tl;-::,I,:..' -~'-i<" ,-.,~ 'WHEREAS, he is a 4evate community local" Founda , the Ve 5C1' . imself to ,improving the ' ell as servirtg on many 01 D-Day Memorial ,~"- - ,- -',.. .- " ""5 Council, and s well as in the WHEREAS, - WHEREAS, ms including o 30-secand , ,~ill_:air. 'tJ~ ' , '- ,',-.". -', , Governments . NOW THEREFORE. be it prO, County, Florida, tha ammissianers of Callier e designated as ',"'" " ., ' .. - ;: ": .. - , ' .!' \, , ~ - - ,.:" - " ,: - " -, - :: ' ,- " - ,-" - ' MR, PeTER THOMAS DAY - , ' , " - , , . ' -' , ,,",'::,' .": ,'", " ,," - : DONe AND ORDERED on this i 1'" da>: of September 2ooT. BOARD OF COUNTY COMMISSIONERS CO/.LIER COUNTY, FLORIDA - JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK ";',c-,,,';, , .'! Page 1 of] Agenda Item No. 48 September 11,2007 Pag82of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 48 Meeting Date: Prociamatlor: Mr PaWr Tnoma5 Oily, \0 honor Mr. Peter Thomas 101 his unselfish d€dlCallon and service to the community Tobr accepted by Mr P8lerThomas 9/11120(J79:00.00J,M Prepared By Lisa Resnick Executive Aide to the BCe Date Boar<:lofCounty Commissioners BCCOffice 8/28120079:SJ:12AM Approved By Sue Filson Executive Manager to the BCC D,~ Board of County Commissioners BCCO/fiee BI2B120071a:3SAM Approved By Jame5 V. Mudd County M~nager Date Board of County Commissioners County Manager'sOHi:::e 6/21>120073:04 PN1 filp'/I("\Aopnnl1Tp<:f\FynClrt\s;(s;(_SPntpmh..r%7011 %7fl7M7\OA. %70PRnrT AMATI()N~\4.A\ Q/.::;nO()7 Agenda Item No. 4C September 11, 2007 Page 1 of 2 ~ PROCLAMA TION WHEREAS, fighting fires is one of the most hazardaus professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare ()f our citizens~. and, WHEREAS, in addition to their dal7y service to communities, firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association far the past 53 years in the fight against neuromuscular dl$ea$es~' and, - WHEREAS, the Muscular Dystrophy Association is extremely grateful to the firefighters of Collier County whose Fill-the-Boot campaign will assist the Muscu/ar Dystrophy A~fqf/:t?!~f!}:~/~ providing services such os local c1inics1 summer ca"!er~~!1t!;~f1#F'Wf;qn.f~t#JJI!~~~t groupsl and public educatkm $em;lI9qfi?~f';~~::,~lft~}t4;:ii~~.r~f}iq~f.~~t"B!l~ families: andl <.<:1.,:: )~':'~ , t::, ';; );::};j:' ~[:.,.-"..",.' .L-';~~ 'h:"i~&"f:,': li1f1i1 <b'.f'; WHEREAS, in honor of,t//!fiiJ~f,;;:t#;'.th~ii5e~igh~~~';'l;~of{(,~Sfounty, the. Muscular ():'$ ,,' Assog',atlon.,'s. ~pon,sorIn9 {J9Z&:~n,~[~ttnty'FJref,ghter Appreci k for(the iveelt';'f.Septelnbkr ')6;:2007: and, ~.,:':.( ,j~:-:<'::_}:~,'"',:,:;:'\',' .':~~:::_.',J. \ ,;;,,",i~~~j,n;:: WHEREAS. e for aJI Co'/Ij~r.~~c:u~/):~,~/tli~~,.' to Jql~;,::t~~;'-Muscular iation Jnfh;s~tribute .':'ti:/'oDt;,Y;:irefigh.ters~;:! ,.)~p':~. '~,~F:,:'::...~',,:::_::>_:):-""'~ " H~~~_;Jf1Jt NOW THEREFORE, ',roc1tii"!e;<{by the ,Bqar~ p{ County Cp!,jf!jltf!oners of Collier County, . thot/theH!/;';:*f!r S'Tptember J 6. "!?9A'O:'; be designated as' ~ii ',"i-"" ~c,\\.'."iiif,~:'1~;:;f;;~ COLLIER c.", .,l"/{i<EF!t.7f:fTE~1'1f!I?P..Bft!!l(4TJ:ON WEEK '~~l\~iilii.~~~~'s'::' J;,lt.;,~~;;~ ;~,~;~;~'~i~~,; }ij\J;:'T,\'i~\~:,i~"f{f"'-' DONE ANI> ORDERED THIS"'P/tJi DiY' Sf Se"lii'" ., CJQ.7" '-"~I'::1';"~~~'"'fAN1?,,~JJ,j,:,:''''\',, t.;'V BOAfl'flt:JP'COUN7Y COMMISSIONERS COLLIER COLlNTY. FLORIDA , JAMES COLE7TA, CHAIRMAN A TrEST: DWIGHT E. BROCK, CLERK - Page 1 of 1 Agenda Item No. 4C September 11, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 40 Proclamation for Collier County Firefighter Appreciation Week lQ be accepted by Angellque Flynn; Program Coordinator, Muscular Dystrophy Association Meeting Date; 9/11/20079:0000AM Prepared By PllulllSprings Board of County Commissioners Executive Aide to thll BCe D.~ BCCQffice 8128/20072:12:08 PM Approved By Sue Filson Executive Manager to the BCC D... BoerdofCounty Commissioners BCCOfhce 11128120072:33 PM Approved By JamesV. Mudd Board of County Commissioners County Manager Date CountyM;mager'sOfflce 812B120074:24PM file:/Ir:\Ape:nOATe:<tt\Fxnort\RR-Sentemherl%2011 %202007\04 %20PROCl.AMATIONS\40.. 9/5/2007 Agenda Item No. 4D September 11, 2007 Page 1 of 2 PROCI.AMA TION WHEREAS, The National Association for the Advancement of Colored People (NAACP), will hold its twenty- fifth Freedom Fund Dinner and Awards Ceremony on Saturday, September 29, 200;: at the Naples HI1ton and Towers: and. WHEREAS, proceeds af this event will be used ta ensure that economic, political; educational, and social equality remain strong within our community: and, WHEREAS, this silver anniversarl~_,'j:~~!!~::~/s,g.~~e:ves to acknowledge the fo~nders of t~;,P/c1~f&lf:o/~~iJi,Crk~~,fS~~ch and recognize many acntevements.:ove:r;.the'yeari;,;'be /'/:"res(llv(!a~that the publtc IS .,-,,, >1',<-,,_ 1\,1; .' __",_~>,. '''~:;'c' ,..rE,! "'_;"~'-:"1" :',' invited to;irtterid,.nndshare '/,,- this':cefeb'ration .of freedom for all. {:,',~)t:kiJ~~;:;'~')" ""':,:.r;J;i ,\':',:1+ :; . ,. -- ,;:t:~ '; , "-'-"--" /:_,::,Jrf-iftJt: __, _ -'__" ";~':'~~:<;L~; NOW THEREFORE/B;' 'it proclaimed by the ,Boord 'of Caunt~i'C;;minissioners af;Cgijk~'County,Florida fhatSepteinber. 29. ~2007, be "".-,,,,~'_":I..~ < ", ,_c,.. "1' . ,'.... .. --., '--,; I ..-,' dcsi!1(lllJ~t( as .' ..: ,,*,," ,,;":,', I:i >'''''Of'' \ ::NAAcP f:i<EEDOM FUND DAY J~ '-j,"::" ....:, "C', .~., ij... .. . ;,. ,_, .,."c.....:"t'.'". ,:., " -'; i;:~i!;.~:;':,... ' .i~'; ~i; ;,.q :~; DONE AND ORDERED'.ffrIS:it~H;day of Septeg;j,~;', 2007. Ji ";i':W ,.',i; ri<:t\11:;": . : edARD. OF COl/NTY COMMISSIONERS COUJER COl/NTY, FI.ORIDA ',;-,' JAMES COI.ETTA, CHAIRMAN ATTEST: DWIGHT E. SROCK, CtERK - Page 1 of 1 Agenda Item No, 40 Seplember 11, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number; Item Summary; 4D Meeting Date; f>roclamallon NAACP Freedom Fund Day \0 be' accepted by A.nthony Denson President NJl,ACP and Chery! Sef!lS-Gonzalez: Freedom Fund Dinner C~air 9i11!2007900:00AM Prepared By Paula Spring", BO,'lrdofCounty Commissioners Exec;utive Aide 10 the BCe Date BCCOffice BI28/200; 2:0;:46 PM Approved By Sue Filson Executive Manager to fhe BCe Date Board of County Commissioners BecOffice 8/28/20072:35 PM Approved By Jame&V. Mudd County Manager Dale Board Of County CommIssioners County Manager's Office 8128120074:21 PM file: / /C':\AQendaTe"t\E'Xoort\RR-Sentemher"rn2() 1 ,. (l/n202007\04, %20PR orl ,A MA TJONS\4DI.. 91."i/20()7 Agenda Item No. 4E September 11, 2007 Page 1 of 2 ,~ I'ROCLAMA rION W'HEREA$~ Ntrfft1twII"...,.- _4_ MtNIth 1& tI IllltitwrwItM e_ ~_~' dftrt ~IM N by tho /1.S. "'I- "._.f of _ SocurlIy _ s.p;.mbr ID __ A/nrIt:IIM to pIW/ItII"tI "'" .....J,-~/u ", ttwIr ht1ttws~ bw,' ,~ tmd #htNNs: -. WfEREAS. 'I'hb~""" 11_ ", ittt:rwIM pub/it: ......... ~~" ",. 11lIrp... ~ of /IfWPtII'In9 fr 4IIIA -,.tlt.M4 tIIId to ".,.... /ndn.ld.ud~ ", ,... tI1f:1'iM.. Md. WHSEAS, .,.", tho _ of s.p;.mbr, tho Cd/Ir aurty _ of c__~ IJrrI/t:g will ".,. rwsfdnrts 'ID ,.,. IfmpM steps ", ",. -'- v '"cs -'" 1NIr fomm. Hftr fI'WII01"Ild fr _m-, fer.. 11IIII. Wl-t9f'AS. bUtg fI'WII01"Ild indut/Il$ crufilfl "" ... ~ IIIppIy IrJt ~^'~ Itwms thtrf wII/ ""- you """""'" '-"Y ID ........ for .. _ _ .". In tho __ .f 11II __,-_,. .. "14-17 II pia tbtIt adtJ . ~"n. .:~ lit pJac. (II" ..~MW tho _. nv,;., _ _ .nrr.._i _ _ """'" .ffo# "..... ctIIItIIUti'ly. MIl 9'ffltt!I1IMIIwd by trrIiIfIItg itt 6nt fJid IIItd ....,-_, ~. -. WHEREAS, WHEREAS. ~ WHEREAS, tho tho CM/,.,. iocJud/ng Authrffy, tho ..-tmtIcMc' ....-"Y. NOW TJ./EREF0IlE. I>> /f ,..".,._ by ;M _ .f Cwtrty c-,,;.....,.. .f c.m.r Ct:1unty. FIoridtJ. 'IIttIt tIM IIftIII1h "" Sy~.L 2007 _ 3"~ _ NArrONAL _AREDNEss MONTH />ONE AM> 0RDE1IED "" _ II" My .f ~ 2007. BOAR/) OF COtINTY ,a:)MMrlf:trONERS COLLIER COIAVTY. FLORIDA JAMes COLETTA, CHAIRMAN A77'Esr, DWlliHT' E. 11ROCX. a.EIlK - Page 1 of1 Agenda Item No. 4E September 11. 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4E Proclamation for hlational Preparedness VI/eek Ie bE, accepted b~ Hie!; Zyvolsk:, Emergency Management Coordinator and .JOt' Fmller Homeland Security Coordinator Meeting Dale: 9i11f2007900.00JlM Prepared By Pilu!aSprings 8oardofCounty Commissioners E)lecutiveAidelotheBCC D~, BCeOffice 8/28/:2007:2:18:57 PM Approved B}' $uO'iFitson Executive Manilgerto thl! Bee D..te Board of County CommiSSioners BCCQfflce S/26!:20072:29PM Approved By Jame&V, Mudd County Manager Dale Bonrciof Cownty Commissioners Cotlnty Manager'!. OfflclJ 8!26120Q74,S9PM file:((C\AQ:endaTest\ExDort\gg-Sentember~/o20 1 1.%202007\04. %20PROCLAMA TIONS\4E\._ 9/512007 Agenda Item No, 4F September 11, 2007 Page 1 of 2 PROC!..AMA TION WHEREAS, industry in Collier County is vital to the community's economic health: and. WHEREAS, Collier County's existing industries are the key to a prosperous future/ and, WHEREAS, Callier County's industries help sustain our quality of life, exemplify high standards of excellence and a positive, responsible approach to economic diversification and community enhancement; and, - WHEREAS, public knowledge of the contribution made by industry is essential to maintenance of ~pp1j"7Pm,r!Y-!'JftJ(.,~,~1,!(Jstry relationship. '<1:,~~:<Fi':' ',:;{J:l~:::> ~,i!;'~::.:,:; l(;'.:,i":' :::';; f~; NOW THEREFOR€. be ,_~t ,Pr.~f{~~ff!~~;:k>r.~~.f!.,;~o.~rtc{:';gff:;';r6~'!tr Commissioners of Collie,: ,Cqunty,j;lorida, that Septel1lber;17,;21, 2007, be desl~T!~el~f~'".. ' ",~". ",. ()';m'1; {tfL:!~::;'~f\::r ' .'~; ',": I, ',j" _.-" -:)'i,,-:,',''':\ IIWD'USTRY APPRECIA TION WEEK ~~D~~~:}.J i;, ,i::_ 'n ,", .,.,;,',:~ _:"'~:~"'_:'-\'.;,>;:!,:> and urge all resi(ffents::to salute:our indLlStriesand'their employees 'fer their t~>,,::;,;i r _'" _'~ ,"0 - - -, - - - -, -- --- ,';::' --, contrIbution to a~~i';_4.~/!i,!,un,.tfr:'J\ -. \J:i:!).'tl-!,jl~:, ;.'l:, ;" ":, ___~_, ",/~-~':!; DONE AND ORDERED:I'ikrIs 11th Day-of September, 2007,:,: ':;':m?:;:~,\, . :~;' ~'<,:'t) ;:' \.:l:~~;~;o:~, ,i'~}J;::,\t)~ '::Hf;':~~'~,~:,":';'::,: .- ,":,:, '~;j,\ ':.>, ;~'{:t~)'p,,-~ , ,c'" BGJARD, OF; COUNTY' COMMISSIONERS comER' COVNTY, FLORIDA +-., " __.':..C-' ___ ;~1 -,,,-,. JAMES COLETTA, CHAIRMAN A TrEST: DWIGHT E. BROCK, CLERK - Page 1 of 1 Agenda Item No. 4F September 11,2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4F Proclam3\lonl01lndustry ApprrcciatlOl1 Week 10 beaccepied bl' Tarnmie Nemecek., Julie Schmelzle and DICk Grant Meeting Date: 9/11120079:00 00 AM Prepared By PaulilSprings BoardofCounly Commissioners EJl(!cutive Aidelo tile BCC Date BeG Of/iell 914/20071:40;28 PM Approved By 5u"Filson BoardofColJnty Commissioners ExecutIve Manager to the BCC Date BCC Office 9/4120071:45 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager'~ Otfl~e 9!4120071:59PM file:! /C:\AgendaTest\Export\88-Septemhcr%20 11,%202007\04 .%20PROCLAMA T1 ONS\4F\.. 9/5/2007 PROCLAMA TION Agenda Item No. 48 September 11, 2007 Page 1 of 2 - WHEREAS, safe, clean, and sustainable water resources are essential to Floridas environment, economy, citizens, ana visitors.: and. WHEREAS, Florldas water supplies are essentially finite, while our population and our need for water resources contirwe to increase: and. WHEREAS, water reuse provides a means for conserving and augmenting Florida 50 preCiDlJ$ water re~: and. WHEREAS, the Florida Department of Environmental Protection, the five Water Management tJistriC'ts, the Florida t>epartment of Health. the Florida Public Service Commission and other state agencies have implemented an award-winning water reuse program: and.. WHEREAS, Florida$ Water Reuse Program was honored by the V.S. Environmental Protection Agency with the 2006 Water Efficiency Leadership Award; and, _ _,',:,,;,':;C~~\r)':1~~r'?!;rSmtll r.;:,J:~::I:!;~":'~ WHCREAS, Floridas perf1Ji~~~u~~I~~d~~WA~6~~~;~~;::i? :iJdlion gallons per day (over 5Z g!~~'t,'~~.Fior~'da's~ tota?!ier"!tftf!f1~~gp~f.j~ for all domestic wasteWC1ten1t.~p'tm~nt facilities); 'and;.'":,,_ "";'F' !H"i-:,t..:, :{~:tt;:\,,~:~~~t;Y ,'__" ' " , ; , ",~:,:,::;;""'i~E:t:':~,;:::,,; WHEREAS, Collif!!.h~'ifdiJn,fi"s Wa~e":Re.da'!1ation,_f::rcl'lifj~S: wi1tl;'~l[;'cal year 2008, dtstri'b'd/fl~ve 5.si;;/ii'on aaijo~s ~f.redalmitd wJ-~;:;/f~r{bcneficial :~~~t_:~~t~setting _ t~e:;'.;'l!~;,o~:pr~c!~t!~:.~~;'! W~~G\~~~:;frrJgatJun,' ;'}f~~~;>F,)::i /:_;:::~,_,f_. " ~ :Y:":t:::: WHEREAS, thet,?{)pZ~-;WateRe.iJse Symposium, :sponscrcd by the' ,:WafeReuse "":"'::_I,'i.('r.."_,,,,!, , ;, '." ,.-,', ' , , " ", f.,'".",,~, AsSociat{Q'I~_ the'W~fer Environment RcderatifJrJ, a~a.__thf!:)fmerican Wc~~i~p):.k~ A~s'dcla.fiof1, w~~/be-\hejJi in Tampa'Jjf/qr{~a..bn September 9-12,q~f~f\';a~ ...... ...... .", ,(.~:;tj. NOW THEREFORE, be~lt7Ptoa~imecfby the.,^BOcrd^'of:C~im,ix,tCod/mJs;ioners of Collier County, FloR{ddit?tjfiit>t.h~:wi~;fi/i:s~j/t~in'biir:'if-2007 be recognized as "<<:.'R~_;.~" ~'_', '_': .:,' ..' ':::~_~:" ,; ",~,~,;; :': f WA"'t'RRt'USEWEt'K' -'-.., -- . ..: . . . . ,,' .,,' '., -. ~.,,', ..... end Collier CDUnty.. Florida is calling upon each citizen and business to help protect our precious potable water resources by becoming more aware 'Of the need to protect and conserve our predous and potable water resources. DONt' AND ORDE:RED THIS 11th Day of September, 2ooT. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ArrEST: DWIGHT E. BROCK, CLERK - Page 1 of 1 Agenda Item No, 4G September 11, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4G Meeting Date: P~otlan>atlon for \!\iate; R(luse Week to be accepted by Dr George Ylirnaz Dale Waller. Jon Pratt, Millie Y.eiiey and Ray Ognibene 9.'1112007 9:00.CO.A.M Prepared By Paula Springs Board of County Commissioners E~eoutive Aide to the BCe Date BCCOffioe 812SI20072:16:22PM Approved By SUI) Fil50n EKecutille Manager to the Bee Date Board of County Commissioner& BCCQfficc 8128120072:)1 PM AIlproved By James V Mudd County Mana.,er Dote Board afCounty COll'lm;1'Ismners County Manager's OffiCI) e:26120074:211PM file:/iC:\AgendaT est\Export\88-Septembefl/o20 11,%202007\04, %20PROCLAMA T1 ONS\4G\., 9/5/2007 Agenda Item No. 5A September 11, 2007 Page 1 of 5 EXECUTIVE SUMMARY Provide the Board of County Commissioners with an update of the progress of the East of County Road 951 Infrastructure and Services Horizon Study Master Committee OBJECTIVE: To provide the Board of County Commissioners a status report of the public participation efforts ofthe Horizon Study Master Committee CONSIDERATION: With the adoption of Resolution #06-181, the Board of County Commissioners established the East of County Road 951 Infrastructure and Services Horizon Study Master Committee as an ad-hoc committce to assist the Board in facilitating the public participation component (Phase Two) of the East of County Road 951 Infrastructure and Services Horizon Study. The public participation phase of the Horizon Study is a multi-year effort designed to seek public feedback upon potential infrastructure and service outlays from the County's respective DivisionslDepartments for the East of CR 951 Study Area. The Horizon Study Master Committee Chailman, Bill McDaniel, will provide the BCC an overview of the Committee's efforts to date. ~ FISCAL IMPACT: Sufficient Funding for Legal Advertising is contained within the proposed FY 2008 Comprehensive Planning Department Budget, Cost Center 138317. Source of the funds are from Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: The continuation of this Advisory Committee and its lead in the public participation phase of the East of County Road 951 Infrastructure and Services Horizon Study will most likely lead to anlendments to the Growth Management Plan, the Golden Gate Area Master Plan, Immokalee Area Master Plan, the Rural Lands Stewardship Area, the Rural Fringe, as well as amendments to the Collier County Land Development Code. Additionally, the preferences expressed by the public, and the conclusions drawn from those preferences, may impact future policy decisions and development approvals considered by the Board for the Study area. RECOMMENDATION: That the Board of County Commissioners review the progress of the Horizon Study Master Committee and provide feedback upon the Committee's progress and direction. Prepared by; Mike Bos~ AICP, Community Planning and Redevelopment Manager, Comprehensive Planning Department ,--. Item Number: Item Summary: Meeting Date: Page 1 of I Agenda 118m No. SA September 11 . 2007 Page20fS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A Prov,d€' tile Board of County Commissioners with anllPdate of the progress ot the East of Cuunty Road 951 Infrastructure and Sewces Honz:m SWdy PUblic POIrticipatio'l Master COll1ll1ltr~e 9/"11!2007900,00AM P!incipalPlanner Date Prepared By Mil<e 60si, AICP Community ~velopment & Environmental Services Zoning &. Land Development Review 1117120072:19:06 PM Date Approved By Marlene Stewart Exe.cutiveSecretary SI9/200711:29AM Approved By Community DeVl'dopment & Community Developme.nt & Environmental Services Environmental Servi"cs Admin. Randall J.Cohen Community Development & EnvironmenilllServices Comprefllmsive Planning Department Oirecto. Daie Coml'rerl'msiv<1' Planning Sln!20072AJP~ Approved Br Joseph K. Schmitt C;ommumty Development & Environment..l&ervi~e!i Community Developmont & Envimnmental Services Adminstrator Daie Comlmmity DovE-lopmonf & Envimnmentlll.:.crvicesi\dmm 8115/2007 11:~1 AM Applications Anaiyst Oat.., Approved By OMS Coordmalor AdministrativeServicas informauonT<>t.hnology 8/20/200711:05AM Marl< ISlIcksm, 8udget Analyst Date Approved By County Manllger'~, Office OffrccofManagement& [judget 1',/27/20078:01 AM Approved By .In,,,esV,Mudd Eloardof Counly Commissioners CounlyManager Date County Manager's Office 6127/20Q712:3SPM tile://C:\AgelldaTest\Export\88~September%20] I, %202007\05.%20PRESENT A Tl ONS\5A \5.. 9/5/2007 i\genda Item No. 5/\ September 11, 2007 Page 3 of 5 To: Joe Schmitt, Administrator, CDES Thru: Randy Cohen, Director Comprehensive Planning From: Mike Bosi, Planning Manager RE: East of CR951 Horizon Study Public Participation (Phase 11) Status Update Date: July 23, 2007 The East of CR951 Horizon Study Public Participation process is the second phase of the East of CR95 I Infrastructure and Services Horizon Study. The first phase of the project was a 15 month long assessment of three potential infrastructure and service provisions from the various infrastructure and service providing divisions/departments throughout the County. The second phase is a projected 18 month long process of polling and soliciting input from the residents of the Study area in relation to their perspectives related to those identified potential growth outlays and the cost associated with those outlays. The opinions and preferences expressed by the public during phase two of the Study will form the basis of recommendations to the BCC from the Master Committee concerning not only level of service expectations, but general attitudes towards growth and how the community sees growth affecting the area east of CR95 1. To date the process is nine months into that projected 18 month process. The Horizon Study Public Participation Master Committee, a committee partially appointed by the BCC on September 26th and fully filled on November 28th, 2006, is directing the public participation phase of the project. To date the Master Committee has meet nine times, with the exception of the first meeting, the meetings have been held at the Aglicultural Extension office at 14700 Immokalee Road. Please note that even though the second phase is projected to last 18 months, the Master Committee is the driver of the process that will detern1ine the length of the second phase, as well as the end product generated by the committee. The first five Master Committee meetings were utilized for organizational and educational purposes. At the March 19th meeting, the Committee received a draft presentation from the Public Utilities Division concerning the level of service options identified within the Preliminary Report, as well as alternative utilities extension options. This draft presentation was provided to the Master Committee to detennine issues and opportunities before the official public participation meeting. The first public participation meeting, where the Committee was actively seeking community input through a designed questionnaire, was held on April 16th at the University of Florida Agriculture Extension Office. Approximately 120 people attended the meeting. The May Committee meeting focused on a draft presentation from the Public Services Division covering both Parks and Libraries. In June the Committee heard a draft presentation from the Sherriffs Department. The second "official" public participation meeting was held on July 9th at the UF Agricultural Extension Office with the Public Services Division and the Sherriffs Department making presentations to the public. Approximately 50 people attended the meeting. For each of the public participation meetings short survey questionnaires are distributed to those in attendance regarding the meeting's presentations to help gauge public opinion ~ Agenda Item No. 5A September 11, 2007 Page 4 of 5 and preferences for the delivery of the service. These questionnaires will form the basis for the final survey that will be distributed by Fraser & Mohlke and Associates to a target sample at the conclusion of the public participation process. The remaining prospective schedule for the public participation meetings and the Horizon Study Master Committee is tentatively set forth as follows: August, 2007 - EMS draft presentation to the Committee September - Fire Districts presentation to the Committee (Golden Gate & Big Corkscrew Island) October - "Official" public participation meeting, the Fire Districts and EMS November - Master Committee review of the progress of the Inter-Active Growth Model and development of end survey December - Transportation draft to the Committee (To be held in Immokalee in conjunction with the IMPVq January, 2008 - "Official" public participation meeting, Transportation February - Collier County Public Schools draft presentation to Committee March - "Official" public participation meeting, Collier County Public Schools April - Finalize survey questionnaire and distribution to target sample May - Processing and tabulation of returned questionnaire June - Discussion and review of draft report July - Finalize draft report August - Final report and recommendation for inclusion in Horizon Study Report The process of a draft presentation to the Master Committee, then the official public participation meeting will be duplicated for each public participation meeting. The questionnaires for each of these meetings will focus upon the department/division presenting, but will also contain questions keyed to the main components of the Preliminary Report. On January 9, 2007, the BCC entered into a contract with Fraser & Mohlke Associates, Inc., a public opinion polling firm, to assist the Master Committee with the public polling survey and presentations. Chuck Mohlke, the firm principal has been instrumental within the Master Committee's public participation meetings. Mr. Mohlke has been responsible for drafting component presentation questionnaires, which are distributed at the "official" public participation meetings. The tabulation of the results of the questionnaires has provided the Master Committee with direct feedback regarding the communities preferences and opinions of the service provider. Additionally, the feedback is helping to shape the questions to be included within the final survey questionnaire. In addition to the public participation portion of Phase II, the phase is also comprised of the development of the Collier County Inter-Active Growth Model (CIAGM). The CIAGM, a trademarked commodity, developed by Van Buskirk, Ryffel and Associates Inc., is designed to improve Collier County's population forecast methods and establish a growth modeling planning methodology which projects growth and development, particularly the amount and distribution of land uses and public services east of County Road 951/Collier Boulevard. The growth model is a Graphic Information System (GIS) planning/modeling tool which is developed using current land use allocations to the parcels that make up the Study area. Agenda Item No. 5A September 11. 2007 Page 5 of 5 The development of the Collier Inter-Active Growth Model, per the contract, follows an 18 month development schedule, with August, 2007 standing as the ninth month of that 18 month long process. The data collection phase of the process has been completed through the collaborative efforts of the consultant team and County Staff. The next stage of the model's development will focus upon population forecasting by Traffic Analysis Zone (TAZ) and the development of the specific sub-models per the contract. The sub- models will assist in modeling for such areas as affordable housing, commercial and industrial need, school facilities, parks, libraries and law enforcement. The sub-models will complement the AUIR process and GMP in guiding and preparing for growth and development. The next stage will focus on the factors the model will utilize for determining growth and the intensity associated with future development. Communication between the consultant and staff will stand as the key component of the model's next stage of development. As indicated, as the model's development moves forward, input on assumptions for development will be solicited from the various departments/divisions throughout the County. In addition the consultant team will attend an upcoming Horizon Study Master Committee meeting to discuss the model's growth assumptions for the various sub-areas which comprise the Study area. Through discussion and conversation with the consultant team, staff is confident that the model's development is currently on track and staff's confidence level is high towards our ability to deliver a final product in the spring of 2008, or soon thereafter. . Agenda Item No. 58 September 11, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: September II th, 2007 Contract Number. Proiect Title. Proiect Number: Contract 06-4042 Santa Barbara Blvd. six (6) laning from Davis Blvd (SR-84) to Copper Leaf Lane and Radio Road four (4) laning from Santa Barbara Blvd. to Davis Blvd. (Project #62081) Firm Name: Astaldi Construction Corporation Proiect Manal!er: Felipe Porro for Astaldi and Tad Pluc for Collier County Transportation. Project Description: The project requirements include the expansion and improvement of Santa Barbara Blvd. from four (4) lanes to six (6) lanes for 4.0 miles and Radio Road from two (2) lanes to four (4) lanes for 1.22 miles. The scope of the work includes bridge widening over Interstate 1-75 and Golden Gate Canal, drainage improvements, utility relocations, noise abatement walls, signalization and lighting enhancements, and landscaping improvements. --- Oril!inal Start Date: February 5'\ 2007 Notice to Proceed Issuance Date: January 8th, 2007 Oril!inal Budl!et: $62,051,879.48 Revised Budl!et: $62,051,879.48 Oril!inal Completion Date: August 23'd, 2009 Revised Completion Date: August 23"\ 2009 Reason(s) for Variance: None Reason(s) for Variance: None Actions Planned/Taken to Minimize Variance: N/A Actions Planned/Taken to Minimize Variance: N/A Current Proiect Status: Project on Schedule with 19.8% percent of the work complete and ] 8.9% percent of the contract time elapsed as of July 31 st, 2007. V alue of work completed and stored to date (7/31/07) is $12,279,843.90. Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No 56 September 11. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5B Santa BartJar<l Boulevard Ihe expansion and improvement at Santa Barbari3 Boulevard from tour (4i lanes to six (6) lanes tor 4,0 miles and Radio Road from two (2) lanes to lour (4) lanesfor122miles 9111120D7900:DOAM El'lgil'lelH Date Prepared By Tael Pluc Tral'lsportatiol'lServices Transportatiol'l Engineering and Construction 412&/20072:16:35PM Steve Ritter Field Engineering Inspector D," Approved By Tmnsport"tjonServices Transportatiol'lEongineeringand Construction 819/2007 SA? AM Tran'1.portatiol'l Division Administrator Date Approved By Norm E. Feder, AICP TrllnsportationService., Transportation 50rvices Admin 8/10/200712:55PM M,;nagementfBudlJ'~1 Analyst Date Approved By Ufo" T~ylor Trllnf,p<)rl~tiOI1 Servlcefo TransportatIon Administration C/10120074:18 PM Ac~ount,ng 5upervisor D~te Approved B)' ShllronNewmlln Transportallon"",rvices lran~port"tlOl' Services Admin 8/1:t.'2007 2:06 PM NajehAhmad Director Dat" Approved By Tri!nsport~tion Services TraWiporllllLonEOngineennq& ConstructIon Managem",,,t 8114120074:34 PM PatL",llnllanl Executive Seaetnl)' Date Approved By tral15port~tion SerV'CE!S Transportation Services Adrnin 8/15/20079:41 AM AuplicationsAnalyst Dllte Approved By OMS Coordmator Admirl!strativ(:Serl/;ct!s Inform",:ionTechnoh:>g,' ll/15/200711:24AM SUfoanUShN "'''nior ManagementlBudget Anaiy5-t Date Approved By COllnty Manager's OffIce Off,ceofMan"getTIente BUCiget 3128120073:11 PM MichllelSmykowski Management&. Budge' Director Date Approved By County Milnager'sOffice Office of Manageln"f1t & Budyet 812P.120013:1B PM Approved By .james\'. Mudd BoarclofCounty Commissioners County Manager Dale Countv r.lanllper's Office 812.81200; 3:40PM file://C:\AlIcndaT est\Exnort\R&-SentembeflIo20 11. 0/0202007\05. %20PRESENT A Tl ONS\5B\5.. 9/5/2007 Agenda Item No. 5C September 11, 2007 Page 1 of2 EXECUTIVE SUMMARY Recommendation to recognize Michele Mosca, Principal Planner, Comprehensive Planning, as Employee of the Month for August 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Michele Mosca, Principal Planner, Comprehensive Planning, as Employee of the Month for August 2007. CONSIDERATIONS: Michele Mosca, Principal Planner, has been nominated as the "Employee of the Month" for August 2007. Michele is an invaluable member of the Comprehensive Planning Department. She often goes far beyond her normal duties. She is proactive, solution oriented and an excellent team player. Recently, Michele was assigned as the liaison to the Collier County School Working group. This group's mission was to prepare an inter-local agreement pertaining to school concurrency as well as the public schools facilities element for the Growth Management Plan. Originally a regular member of the group, Michele assumed the major responsibility of coordinating the project. This role caused her to work many extra hours, including nights and weekends. Her dedication to this project paid off in the development of an inter-local agreement that was presented to the Collier County School Board. The agreement protects the interests of Collier County and its residents. - The County is fortunate to have her wealth of knowledge and planning expertise, and Michele should be commended for this accomplishment that will benefit the County for years to come. In addition her hard work and dedication on many other projects, demonstrates her commitment to the County, and as a result Michele is worthy of this prestigious honor. FISCAL IMPACT: The selected "Employee of the Month" receives a $150.00 cash award. Funds are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Michele Mosca as "Employee of the Month" for August 2007. PREPARED BY: Brittney Mahon, Employee Recognition Coordinator, Department of Human Resources Item Number: Item Summary: Meeting Date: Page ] of 1 Aoenda lIem No. 5C September 11, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5C Recommendation lO recognize Michele Mosca "',inelpal Planner, Comprehel1slve Plannmg as Employee of the Montll tor August 2()Q7 9/11120ui9 ()()00 ft,M Employee Recognition Coordinator Date Prepared By Brittney Mahon AdministrllllveServices Humlln Resouces 81:<1120Q79:36:13AM Human Resourcel'-D!rcctor Date Approved By Jean Menit! Adm;n;strlltiv", Services Human Resources 8J28/20074:24PM Administrative Services Administrator Dale Approved B)' len Golden Price Adminislralivf.>l)ervices Admini!>tr<:tive Services Admin BI2SI2007'8:J2AM Approved By Applic:ltion..Allalyst Dilte OMS Goon:imator AorTl1ni5tr~liv" Services IntorrnlltionTechnoiogy BI:l9f200i 11:19AM L~\lra DIlVI~,"on Man;Jgenumt 0:. Budgel Anaiyst [Jate Approved B)' COllntv ManagefsOffice Office of ManaWllnenl e Budgel BI28J200711:47AM Michael SmyKQ;v:;ki Mana\](!mentll. Budflet Direclof DOlt" Approved By C".mtv M,mnger's Office Office o'Management & Budget 8129/20071:38PM Approved B)' James V MlJd(1 BOHuo/County C"mmissioncn:. County Manage' Data County M;;nager'", Office lJI29:20071:50PM file://C:\AgcndaT est\Exoort\88-Seotember%20 11. %202007\05, %20PRESENT A T10NS\5C\5... 9/5/2007 - Agenda Item No. 6A September 11, 2007 Page 1 of 2 COUJER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111. (239) 774-8383 . FAX (239) 774-4010 July 24, 2007 Freeman & Freeman Construction, Inc. P.O. Box 664 Immokalee, FL 34143 Re: Public Petition Request to Discuss Rezone Fees for 428 and 432 13'h Street, Immokalee, FL Ladies and/or Gentlemen: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2007, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Piease be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. . Sincerely, Qc: ~L!, James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator JUL-12-2007 09:08 PM Fr..man&Freeman 2396574093 P.01 Agenda Item No. 6A September 11, 2007 Page 2 of 2 , Reauest to Sceak under Public Petition Please print Name: Freeman & Freeman Inc. 428 & 432 13lh Street East Rezone Address: p,O, Box 664,lmmokalee, FL 34143 Phone: (239) 657-2410 Date of the Board Meetlna yOU wish to BDeak: e8jOj :2QO'7 q /,1 r 0 ? Please eXDlain In detail the reason you are reauestino to soeak (attach additional Dace If necessarY): We are requesting that the rezone .... to be deferred until the pre- approved owners close their construction loans and thin the feea can be ptIld. Currently the property is zoned mobile home and we are proposing to change this zoning to village residential. The home buyers qualify as very low income and can't afford to pay thne rezone fee.. The mastar plan would change the zoning, but a time frame h.. not been detannlned. Please axolain in detail the action YOU are askina the Commission to take (attach additional cace If necessarvl: We need the comml..lon to allow the rezone.... to be deferred on th..e two properties during the rezone proca... Currently the two owners that are applying for mortgage. qualify as low Income home owners. and cannot afford to pay the fee. at this time. By deterring the f... until closing, that will allow the potential buyers to get their loan. approved for construction. After the loan. are closed, we will make arrangements with the tltI. company to pay the tees due for the rezon.. · Pre-appllcation m..t1nll took plac. on July 5,2007. Mell... Zone is the county rep,...ntatlve that Is currently handling the rezone application. C:\Oooumonllond Sottlnga\SecrotorylMy Documema\13th Street Ent ProJecl Rozone.doc Agenda Item No. 6B September 11. 2007 Page 1 of 2 COllIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 34111. (239) 774-8383 . FAX (239) 774-4010 August7,2007 Mr. Alex Brown 2 Tina Lane #239 Naples, FL 34104 Re: Public Petition Request to Discuss The Lack Of Solar Power Sources Dear Mr. Brown: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2007, regarding the above referenced subject. .- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concem and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, 2:s~' County Manager JVM/jb cc: David Weigel, County Attorney James DeLony, Public Utilities Administrator - ". :. item Nc\, ,35 S~;p{err:bs: 1, 2'J07 := o~ 2 Reauest to Speak under Public Petition Please print Name: -A Ie X /3NfA,) ;J Address: -, . ~ IN J4 L,J ~.d39 ;/ ~ I es"-1 3t../ I tJC/ Phone: ^b~ m<i9 Date of the Board Meetina yOU wish to speak: c; /1/ I Please explain in detail the reason you are reauestino to soeak (attach additional paoe if necessary): S{.uJ SftuJe- <;/vt''fY' W/;?u.T JJa <::;/)~,r Aelf-':t If) Su-Pl'lj/ t,~t uJ.(tPf'-fJ/f' <'iAfJfl-AM(1)(Tf,V Elec{; pM ~\I' /0 ,j,tlt,U hQfI.1lL ~ I" n/~ ~~A~:f4--I,:vl It.le..... ~f{d ha.. If'wI/JJ;, ~" .N4i7~1I t.J 'Tl1d (.J~vlf'npy cJ be -# J !'(cf.... IJJ '-j-)rJp.j.-1 j)1J(J'Y- SolAY'- ec( 1\....,-/ <lL. wt:..'\ Se.J&..~l),J~ l-t:ldo proJlAc.1"'lb,) ~ Please explain in detail the action vou are askino the Commission to take (attach additional paae if necessary): HoW '1'b c:I 0 t't H:\Mary-Jo\Public Petition Request Fonn.ooc Agenda Item No. Be ~~11,200~ OFFice OF THE COUN~'MAWA'QeR Reauest to Soeak under Public Petition AUG 1 3 2007 Please print ACTION Name: . .,.- '-UAMF~ ~~\(, Address: 330lf CAfJTIMJS CbiJE fJltPu:=-Sl pc.. 3411..2- , Phone: DAf - 01.39- .P~/-.f:39<f /-Id}I..t.C ,,).37- 77F-cJ.tt.,5Cp Date of the Board Meetina YOU wish to sceak: 9- .if -,1 "7 . - ,.-- Please eXDlain in detai/the reason YOU are reauestina to sceak (attach additional Daoe if necessarv): /j,J J1.LI~a,T dOLJb .1.v/hL.E' A-".tt-4,b~L}(~ tC'o/L J4 ;r r~~~~ !;~ 3M ~~5 ~~<:~~ . ="~ 'Y~ ~f:.~~ ;~""1;;~~ , /Y/.rr IV" evEN l.VI'Tff 7#6- cJl74.r/ C!:-Jsr 11)(" i)/~ '7t)1f /JJ/.,-/-f If.){) fJ/2..l>/7L6//l1- A-~ 7710 IT (1JjJ-S ~/.f &JI/F/UX'J 7/MT- 77~ ~d'uT~ 1-;;+5' ) J/) GJ.~t3Mt;JT -J , . .--,,-. .~ ~ , -,......, - . ., ., S721.fM t,ufl-,f1T Lu~re/2- or;::- 77-1e' /M"aZ/LT'I (CO#T2>) Please exolain in detai/the action YOU are askina the Commission to take (attach additional oaae if necessarv): If/r/l€d A-tft..J/IJ-e' r# EASeNFASr Ti 4{IJIJE ~~~;r:~~ ;21t;~o~::::SCS/f~~ :;~:)J 11 ;/I-)7;:;tfZ h/,) Tf/tr /)p/<:;/TE ~//2.c("T7NJ ,1,L) '/7) ;1lZe-:efi !4tJ6J)UtT ~. \[f'ovO SIJh.J11t1J. J ~J/ouUJ 1:~~d: JC.f-; >>~/~~'R~1:~ I2x/ 7if~ CtJUI-J7T! ;</b/-fr Or /.U,4>f ~PAI2.7A/..dJj~. C:\DoeUmenls and SalIings\Owner\My eoc..mantslPulllicPetilio_onn.doc . . Agenda Item No. 6C September 11, 2007 Page 2 of 2 I have spoken with numerous individuals with the County conceming this matter. While all have been very nice and responsive, none seem to have the authority to remedy this situation. One gentleman spoke with the Legal Department and relayed their opinion. They (I don't know who) stated that we had to work with the property owners to get an easement donated, then set up a MSTU to maintain it. This seems unaceptable for the following reasons. First we are not knowledgable in this area and the required paperwork would need to be completed for the land to be donated correctly. Secondly, it is in our opinion that the removal of Storml Waste water from County Right of Way is the Counties responsablity and we should not be charged (an MSTU) for this. I have also been told that no persons StormlWaste Water drainage can effect any other persons property. The way it is now all water flows down Captains Cove and is deposited on 3307, 3308 and when it rains heavly 3318. This seems to be in conflict of what County Employees have explained to me. Thank you in advance for your addressing this issue. Sincerely (J;m~ 3308 Captains Cove Naples, Florida 34112 Agenda Item No. 6D September 11, 2007 Page 1 of6 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111' (239) 774-8383' FAX (239) 774-4010 August 17, 2007 Mr. Richard Eckstein 2063 River Reach Drive #381 Naples, FL 34104 Re: Public Petition Request to Discuss The Distribution of a Chemical Free Fertilizer in Collier County Dear Mr.Eckstein: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2007, regarding the above referenced subject. --' Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, a~~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator ;/ Requests to speak under public petition To Whom It May Concem: I read an article in the paper that the County was having fertilizer problems and issues. They would like to regulate the use of fertilizers in Collier County. Fertilizer is being leached into the Gulf of Mexico and polluting the waterways with phospates and amonium nitrates. The use of these chemical based fertilizers is becoming a problem for Collier County and its water supply. I have a solution to this problem for the county and its citizens. I would like to donate an unlimited supply of an all natural, botanical plant nutrient fertilizer that we have named Infinity Fertilizer. Our purpose is to make this fertilizer available throughout the county so that businesses and residences will no longer have to use harmful chemicals and fertilizers to promote plant health. Agenda Item No. 60 September 11, 2007 Page 2 of 6 I will donate this product to the county, free of charge, if they will pay the shipping and handling costs for the material. The County will have total control of the distribution of this product. This will be a win - win situation for everyone involved. The county will no longer have to deal with all the fertilizer runoff from all the golf courses overuse and over application of environmentally detrimental fertilizer. The county will also win because they will be able to charge a user fee for the synthetic chemical fertilizer. The county will no longer have to deal with all the detrimental fertilize run-off of all the ammonium nitrate fertilizers in the bodies of water. This harmful run-off is known to kill habitats and fisheries. What I will need from the County is a place to distribute this product. We will need a location that has easy access for the consumers, and equipment. such as a front-end loader. This will be a staging area where I can bring the product into a local area and have it distributed to the user of the product. The shipping and handling cost to get this product to the local area in the county is approximately $700 per ton. I would like to discuss the feasibility of this in more depth with the Commission to help work out all the details in order to make this concept workable. Attached please find testimonial letters and A & L Laboratories analysis of the product as well as a ftve-pound sample to be used for analysis. f6/ /1/;206'( Richard Eckstein Infinity Fertilizer freefertilizer.com (website is under construction) Eckstein83@yahoo.com .~ 0<-<0 tOga ON('/) Z"-:Q) '-.,..- en ~ '" 2wo.. -.0 "'>= '00; c:~ Q' "- OJ'" <(U) \2j e en W - a:1i; 00 I-~ c:a:.jg a:~1n O ....co .eCO .... ~ 1'... -Ill , - QlCU - [J)" ~ 00) C~ ~ III In - EO .....o~ a: Q. .. ...... ~ ... CD III to- Ql.... ;;..I .~ . ..... ::> In ... en. In tJocu - tnC? a:.!: CU :2" C)5 0) [J)~ c:a: · l!3 2'0('1) Ill~ a: & ~ W"'.:: C a ... III OJ ... a._ I- 8 ~ -.., ... '" 03 en5 ~;:? ~ c:a: er w Ol ~ :::l Z f- er o ll. !!! <I ~ o I <Xl 10 '" u.. .. -4 '" ii :> ... .~O':I M' :> I .. .. "'-.1 z i "'... . 0 !i I m 0' I ... ~ " .1 '" ~~ l!; .. "'-.1 -:> o ~ :2 &l N :;l 0 '" .. f-< ., ~ 0 M >< :l ,.., '" ~ M g: N ~ ::I ~ III ~ . il ::I '" '" M Q ": S ::I 1i I: ~ r i ~ " ii c ~ c - ;;t .. . '" i't .... ~- ~ = i !li ~; -= s' ili ~~ ~ < l! '" o ~ c II : Ill; .. E C H < ~. i " ~ . ! \:;oD '---0 ~ o \ '-, ., ~...; .. i . ~ " " " '5 . ~ . " .,; ~g ~~ R~ .g~ .0 E~ Z, 00 go. o~ ~.~ eo ;;-s .... ~'5 ~~ ~ . ~ [~ !:.!! o . o co;' ~ .~ .~! alE 0" .gg :c~j; >- - c: -Z-~ .c_. .2'g ~ :r: ~. ~~:E al-og' ~ 5 '" I';;::; i'~g -:,:::: ~ E~", ::Igg. ~i5U :E OIl c I ~ f 2'~ '- ;t;g3 0<. ...I 8 &. I ~_:g -. . -' 0_ e:..~[ ~;j- 0., -'00 ~~.~ ~ ;.~ , . 2:::CII.g ~~'i a::~E o 111 ~ ~~~ w 2" Cl - 0' " - LlJ 4 <I (J) I 0' o U LU a: - ~;~'~-l' 10-.1 Cl W "'I- wI- -'- a.::; ~m "' ..",. fIl",m o I- >- a. o U !3 !I,I !: E "'1: <Xl .;'(". ':I, . . ..,~.: .1 -1: ;:;,r Ji ..0 '" '" I '" ~.... ~ .. - '" = ... K - l:i!E , .. . < ~ E 01: I- ... 10 E i m a: 211 " '" 0 ~ ! < Co ", W mz a: .. :.. ... :> i '" en .... K iij ~ I ~ .. ..... ct .. i - Z u,Ea.. ~ !i!", ct -= I - ...J o-z a: 0 S w ~ ... ;:. en '" co.. . 0 '" . a: .... ~ " .. i 01: ~.. <Xl ~S! ft 0 6.. t - .. "'I ""= :.. ,.... = co~ .. .. 1-10 (J)IO '" ... Z - ~ - Om w -- '" - " ~E LU "'m .. => <I I- a. z (J) "-.1 m '" 3u.. a- U (J) .... LU - U1 -1: - '" O<I .... U a- - 0'_ 0 cr -01: ~'" ~~ -.... EE ...J <= 0 I- .... - 20 a: 0 ~I- 0 (I) , a. w a: ~ - 0 0 w 1 !l o ~ il Ii :! ~ III '" to '" :;l f-< ::> . z... ~ "'", O::"'N o .... ~ ;:l 1;; '" ... "! .., M ,,; o ,,; I Ij ': I ~ . g I" II , I~ '" -< .., '" .. f-<... f-< ! g~j ~ tI) e-l ~ :E ~HH E ,.., ,'" c::J < '0 ~ :;J!fa: ~ '" 0 z !;: ~:o: '" ~ '" c '" ::> "'IE 1 ~ \.n ........ r"J ;" ',) 'r " (lj-, .......... .,J yy I I Agenda Item No. 6D September 11, 2007 Page 4 of 6 SHOW BOAT_ BRANSON BELLE A Silver Dollar City Production May 15, 1998 Nature's Best Infinity Fertilizer 2iB s... 67th. West Avenue Beny Hill, OK 74107 Dear Rich; I want to thank you for introducing White River Landing to "Nature's Best Infinity Fertilizer". Since we've started using "Infinity Fertilizer", the grass has gotten a deeper color and stronger root system. Grass is now growing in areas where it woul,l" not grow before. Not only does it look better, the moss problem has vanished. Again, thank you for introducing. this product to us. It will save us much time and money. Sincerely, ~.-t-t:';7-:' 4-c~' Ed Baunach House and Grounds Supervisor \\':rl~;~~, R;".w I 'Hl~ill~. ..l.,,{)(i ';':1,~~,' ~!"\' ~n5 . By,-u;::"n ~\~i~:";'.:ri n5i)Jb \\""-hit~ River Lal1Jin~ . 4S:,X! SL::",ll-,l,-Y. 105 . B,\,,::,...'l~, \L;~'--'l1rj 6E(;16 The ~(Q)L1J~~ 'il Shop .11 Nur..ry Agenda Item No. 60 September 11, 2007 Page 5 of 6 "lExtraord;nsry by NA TURIE" 221 Henderson Street, Jackson, MO 63755-1736 (314) 243-65"'9 December 26, 1 994 Natures Best Infinity Fertilizer 2513 S. 67ll W. Avenue Tulsa, OK 74107 Dear Rick; I am certainly glad I saw your ad! The day I got your sample, I began some informal testing. I used four Ficus "Benjamina" plants that I had purchased from a 1 oca 1 greenhouse. On two, I put the Inf i n i ty Fertilizer, on the other two nothing. Within two weeks I was seeing new growth from old wood on the plants I had treated! I also put some on a "Teenie Geniee" cherry tree that was hardly showing signs of life, Within just a few days, lt started budding out from old wood. To make a Bonsai successful, I often must to be able to make new buds appear on old wood (a feat akin to magic), and I am glad to have found a compiete1y natural product that will help me make my art and business more of a success. Please send my first order AS FAST AS YOU CAN. ~. . ItlanKS, ~J] <;''^~-J Bi1l~etor '~'-'-T'w~ . . Agenda Item No. 60 September 11, 2007 Page 6 of 6 08.20.98 Natures Best Fertilizer 1513 South 67 West Ave Berryhill, Oklahoma 74107 Dear Natures Best, I just thought I would take a minute to give a little customer feedback and thank you once again delivering your fertilizer "Natures Best" down to Florida. Wejust completed harvesting the vineyard. Norma1ly, harvest takes place in late August I early September. But this year, it was several weeks early. As you had predicted "Natures Best" seems to have provided the correct mix of nutrients and ttace minerals that our grapevines were needing. In addition to ripening early, the vines appeared to be more vigorous this year than in years past. This growth is very important to the Muscadine grapevine. Next year's fiuit will be set on this year's new growth. Needless to say we are looking forward to harvest next year, based on the amount of "new wood" in the vineyard. I recommend your product and look forward to using it for many seasons to come. Regards, Q<<2#--' ~ Rob Rittgers 0-- Dakotah Vmeyards & Winery Agenda Item No. 6E September 11, 2007 Page 1 of 4 COlLIER COUNlY MANAGER'S OFFICE 3301 East Tamiami Ttail . Naples, Florida 34111. (239) 774-8383 . FAX (239) 774-4010 August23,2007 Mr. Jim Kramer 180 Cape Sable Drive Naples, FL 34104-4117 Re: Public Petition Request to Discuss Removal of Traffic Control Signs Upon Completion of Construction Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2007. regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inqUiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~V~ James~V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator Reauest to Soeak under Public Petition Agenda Item No. 6E September 11, 2007 RECEIVEElge 2 of 4 OFFICE OF THE COUNTY MANAGER AUG 2 t. 2007 Please print Name: J~ ~ /(R/l /'t-( e-e ACTION Phone: /8tJ CIlj7jC 5171JL~ /J1<(v[ /rfI1 PLf= 5 tL 3 Cf/t)'(- tfl/T :z 3 t1-tfS () - d--- 77/ 1/1/07 Address: Date of the Board Meetina YOU wish to soeak: Please explain in detai/the reason YOU are reouestina to speak (attach additional paae if necessary): 7Ir r M {) t:; / V /J,/,a:p u / TO v s fr c) A1 k h((" j /M'P <;; c4'l".f F[,H (jj(J /,1/ C'c?LItf./! 0'.;>?-'A!17' /5 T,7L,E *11fr"tJP<f)/2f r;:/l,F//c C~,vr^,OL S/t5/V 0E tJo,afs' A/M-!<..U:.Jl j);cS Ai' ~o). ,r TC',) /!rTtf~ Co-u4'T/PL..- c...7/CI..ft; / I rlk5f :5/6.1/S / CtJA/f5 .oc, 5m?LE) 8", I 12r.:",{ Of/I: LJ. /T /S /9 5/frFT~, /A"r2>/#k#7/?'4'HL /1)/j, /1 E:5 7/1-/-:'-7 c.. j) 157,c/l-Z.f/ h1/_ Please explain in detail the action YOU are askina the Commission to take (attach additional paae if necessary): D(I?L'cr 57/trF m /CEt/(tF?v T#,c h4).Iv/ff'~ A..44j)Se./fj'Jff? ,.1/fip /7,~,nd'c.t:~6 rMI"'Ee.77ES To ~;:T?~t4zI;1/,.c tR~Sf7?$.5'/$/<f/Y r6/f j?,rACoc/dc ()r rll,c:>E 7/Fr(poF'~;e1' r"c/f-/t/lt'rS'. H:\Judi'S Folder\Forms\Public Petition Request Fonn.doc Page 1 of2 Agenda Item No, 6E September 11, 2007 Page 3 of 4 naplesnews.com In the Know: LashiagOllt.KLiviBgston IandSC2lpiDg' By TIM A TEN Tuesday, August 21,2007 Q: Will the new Marquesa Plaza on the comer of Pine Ridge and Livingston roads have a grocery store? When will the plaza open? -- Jake YounglNaples A: Marquesa Plaza will feature many small shops, but it will not have a grocery store or a big box store, said Erik Mogelvang of Hovland Real Estate, the center's developer. Even though some of the buildings are completed, don't let that fool you, Mogelvang said. A lot of work still needs to be done in the new North Naples shopping center. "You can expect many of the tenants to be open toward the end of November, beginning of December," he said. Phase 1 has been completed, phase 2 will be done about Oct. I, an outparcel building with Starbucks, Wireless Toyz and another store will be ready in November, and the First American Bank on the comer probably will open in January, Mogelvang said. You can add Figaro's Pizzeria to the list of tenants we published in April. In addition to businesses listed above, the plaza will be home to Adams Dry Cleaners, Carvel Ice Cream, E.R. QuickCare, European Nails & Spa, First Watch restaurant, Five Guys Famous Burgers and Fries, Help-U-Sell Real Estate, Jackpots Gaming Arcade, On The Rocks Restaurant and Lounge, pazazz Jewelry, Sunshine Phannacy, Sports Clips and The Tire Choice. Located on the southeast comer at 3350 Pine Ridge Road, Marquesa Plaza has a total of 116,000 square feet of retail shops_ Q: I'd like to know how many Failure to Obey-Traffic Control Device-Road Closed (316_074) citations were written during July on the new portion of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road. It should be looked into for entrapment. The barricades were open with a "keep to the right" sign, and the green turn arrows were working. It was also during the opening of the Super Target that backed up http://www.naplesnews.com/news/2007/aug/21/know _lashing_ ouUivingstot~Jandscaping... 8/22/2007 ~ Page 2 of2 Agenda Item No. 6E ~ . September 11, 2007 Page 4 of4 traffic on Immokalee Road. A squad car was set up on Vanderbilt Beach Road ticketing drivers. Shouldn't he have been setting on the Immokalee Road turning signals warning drivers the road remained closed? Thank you for looking into this. -- Sherry JohnsonINaples A: In July, six citations were written in the area of Logan Boulevard and Immokalee Road for Florida Statute 316.074, according to Kristin Adams of the Collier County Sheriffs Office. That statute describes violations of a traffic control device, which can include running a stop sign or turning right on red when a sign prohibits it, Adams said. Q: The landscaping on the section of Livingston Road between Orange Blossom and Vanderbilt Beach Road is dreadful compared to the landscaping along most of the main thoroughfares throughout Naples. Why? -- Marilyn PottinglNaples A: Apparently, the state doesn't agree with your landscaping assessment. Livingston Road landscaping and irrigation was the recipient of the 2006 Florida Nursery Growers & Landscape Association Award of Excellence for the Livingston Road Landscape Beautification and Irrigation Installation in the category of Institutional/Government, said Diane Flagg, director of the Collier County Alternative Tl'311'>pvr Il:.t;' n. Modes I:Jt.p-to-...l. "The Alternative Transportation Modes Department seeks to maintain landscaping tl> the highest standards. Your suggestions are appreciated," Flagg said. "We strive to exceed expectations. If you would provide a specific issue or location, we would be happy to address it for you_" ;: ~. , ~11(?C //:~Qt. 5/ S//I rFS f*',cs f5/t'C[-,. - - - I f/4KK5'( ~ ;: ~~-<-<C<_ Tim Aten is multimedia news editor fthe Daily News. E-mail questions with your name and city of residence to intheknow@naplesnews.com. Find a complete archive of "In the Know" columns at naplesnews.com/intheknowl <<::> 2007 Naples Daily News and NDN Productions_ Published in Naples, Florida, USA by the E.W. Scripps Co. http://www.naplesnews.com/news/2007/aug/21/know_lashing_ ouUivingston _landscaping... 8/22/2007 Agenda Item No. 6F September 11, 2007 Page 1 of 3 COllIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 August28,2007 Mr. Jim Schulze 665 93'd Avenue North Naples, FL 34108 Re: Public Petition Request to Discuss the TDR Conservation Program. Dear Mr. Schulze: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2007, regarding the above referenced subject. .-' Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~M~ County Manager JVM/jb cc; David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator '--~.'-I' . .-:;.--. --, --.. ...." _............ \_......, .......... ,w",,'- 1-'."" Agenda Item No. 6F September 11, 2007 Page 2 of 3 Reauest to Speak under Public Petition Please pnnt Name: Jim Schulze Address. 66593'" Ave N Naples FL 34108 Phone. (239) 592-1341ph (239) 571-9599 cell Date of the Board Meetina yOU wish to speak: l \ Sept. ~ 2007 Plea" eXDlain in delai/the reason YOU arEl rElQu<:>stinq to GDEl"" (attach additional paae if necessary) The purpose of my request to speak in front of the Collier County Board of Commissioners is to discuss the TOR conservation program. I presently own two of the potential one-hundred and fifty parcels that are not included in this program. The parcels' am speaking of are those smaller than five acres that were, unfortunately, sub-divided prior to the date of October 19'h, 1074, In ....ding the TOR LOe the date October 19'h, 19704 ill no where to be found. The LOC does mention June 22, 1999 as the last date of sub- division_ AccordIng to the Collier County Appraisers office, my parcels are valued exactly the same as a 2.5 acre parcel that was severed prior to October 19'h, 1974, which qualities for the TDR program. This being ttle case, should I not benefit from the TOR program ttle same as my neighbor? The TDR program was created to "establish an ,auitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland $Y$tem.. "nd lIignificant areas of habitat for listed species" _ Obviously we need the larger tracls to reach our goal but, will our goal be met if we have several "hole$ in the donut"? These small tracls could cause problems in creating flow ways or doing controlled bums to remove exotic plants in the future! Consider ttle cost of removlna ttle exotics and then consider the "holes in the donut" are just going to blow new seeds, I feel It is only fair to let everyone benefit from the TOR program. C:\Oocuments and Settillgt.'\jll11\My Oocument5'PublicPetltlC>llReqUQs1(';ol1'\"'lte{ised{1 j.doc '....C"''-'C1'j, r.....~'-''''. .o;.W, ";l.iUI L.....'... "'IV' .JUII ,=,ol,..lIUl.LI::! ~~..;J~) :.J::ll,).I:.JUO::- r:JV.,) Agenda Item No. 6F September 11, 2007 Page 3 of 3 please explain in delai/the action yOU are askinq the Commission to take (attach additional Daoe if necessary): I would ask that the Collier County Commission take the necessary steps to include all the property owners in the TOR program. We pay the same property taxes. We have the same listed species and we are located in the same now ways. Thank you for your consideration. C:\Documents. and Settings\jinl\My Oocuments\Publ.jcPetitionR~"l.lestFormrevf.l;~dI11.doc ",~,~,-,.~_....,., ~ Agenda Item No. 6G September 11, 2007 Page 1 of 2 COllIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 3411:t . (239) 774-8383 . FAX (239) 774-4010 August 28, 2007 Mr. Joe Hamilton 4330 14th Avenue Naples, FL 34139 Re: Public Petition Request to Discuss Collier Conservation Purchase of Hamilton Property Dear Mr. Hamilton: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2007, regarding the above referenced subject. <-'9 Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F"} of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~~~~~-f County Manager JVMfjb cc: David Weigel, County Attorney Len Price, Administrative Services Administrator --e Reauest to Speak under Public Petition Agenda Item No. 6G September 11, 2007 R Page 2 of 2 ECElVED OFFICE OF THE COUNTY MANAGER AUG 2 8 2007 . Please print ACTION Name: Joe Na IV!; IftJ'l JI-I fJve /l/1./}!e.s h I ak/-7Cf3/ Address: t../.3 30 3c.J /34 Phone: Sept. / / Date of the Board Meetina vou wish to speak: Please explain in detail the reason YOU are reauestina to speak (attach additional paae if necessary): C~fl,'e(" /Ia v# ,. / .f-~:N; , (!() 1f:5 e r Val/Ofr t 1;:)l1,=,r-/(/ . I I I ourt.j;a5e II ~-f -. Please explain in detail the action vou are askina the Commission to take (attach additional Daae if necessary); -. H:\Mary-Jo\Public Petition Request Form.doc Agenda Item No. 7A September 11, 2007 Page 1 of 76 EXECUTIVE SUMMARY PE-2006-AR-I055I, Sandra Bottcher of Q. Grady Minor & Associates, P.A., representing the DeVoe Family Limited Partnership 11, reqnesting a Parking Exemption to permit an off-site parking lot in a residentially-zoned district for property located at 1397 Trail Terrace Drive, in Section 22, Township 49 Sonth, Range 25 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Parking Exemption and render a decision pursuant to Section 4.05.02.K.3 of the Land Development Code in order to insure that the community's interests are maintained. CONSIDERATIONS: -- The petitioner seeks approval of a Parking Exemption to allow an off-site employee parking lot in the Residential Multi-Fanlily (RMF-6) District. The 14-space parking lot would serve the DeVoe Suzuki dealership that is presently under construction in the adjacent General Commercial (C-4) District to the east. The petitioner states that the requested parking lot is needed for dealership staff since, based upon their personal automobile-sales industry experience, the anticipated number of employees will generate parking in excess of the parking standards provided by the LDC. Additionally, the Suzuki franchiser would like the provision of 60 vehicle display spaces, further restricting the availability of on-site parking. The petitioner is also concerned about overflow parking into the right-of-way; and has cited that the dealership may be expanded in the future, necessitating additional parking. At present, a total of 119 parking spaces are being provided on the site, which represents 98 spaces over that required by the LDC. The additional 14 spaces would give the petitioner a total of 112 spaces above the LDC parking requirement. FISCAL IMPACT: Approval of this Parking Exemption petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Approval of this Parking Exemption would not affect or change the requirements of the Growth Management Plan. AFFORDABLE HOUSING IMPACT: Approval of this Parking Exemption would have no affordable housing impact. Agenda Item NO.7 A September 11, 2007 Page 2 of 76 ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Parking Exemption. ENVIRONMENTAL ADVISORY COUNCIL (EAc) RECOMMENDATION: The EAC did not review this petition as they do not normally hear Parking Exemption petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PE-2006-AR-l0551 on June 21, 2007, and by a vote of four to three recommended that this petition be forwarded to the BZA with a recommendation of denial on the basis that the dealership already significantly exceeds LDC parking requirements, irrespective of the franchiser's additional parking demands; the proposed use would encroach upon an existing residential neighborhood, thereby negatively impacting its character, quality and future development; approval of the use would pose increased pedestrian and vehicular safety risks; and the dealership has more viable alternatives to accommodate its intensive parking needs, such as the vacant commercially-zoned land abutting its southern boundary, which the petitioner already owns. ~, Staff received five letters of support for this request from neighboring property owners. Five letters of objection were also received, in addition to a petition opposing the project that was signed by more than 100 property owners in the neighborhood. Because of these objections and the fact that the CCPe's vote was not unanimous, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: The petitioner is seeking a Parking Exemption pursuant to LDC Section 4.05.02.K.3. A Parking Exemption from the BZA is needed because the lot proposed for off-site parking is not zoned for commercial use. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding. Decisions regarding Parking Exemptions are quasi-judicial, and all testimony given must be under oath. The petitioner has the burden to prove that the proposed request is consistent with the critelia set forth below, and the Board may question the petitioner, or staff, to ensme that the necessary criteria have been satisfied. Should the Board consider denying this petition to assure that that the decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the following criteria: (1) Whether the anlount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. The distance of the farthest parking space from the facility to be served. Pedestrian safety if the lots are separated by a collector or arterial roadway. Pedestrian and vehicular safety. ,- (2) (3) (4) 2 A>]enda Item No.7 A September 11, 2007 Page 3 of 76 (5) The character and quality ofthe neighborhood and the future development of surrounding properties. (6) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. (10) Whether the off-site parking area will be used for valet parking. (II) Whether the off-site parking area will be used for employee parking. (12) Whether there are more viable alternatives available. Approval of this request requires three affirmative votes of the BZA. The proposed Resolution was prepared by the County Attorney's Office and is sufficient for Board action. -JAK RECOMMENDA TION: Staff recommends that the BZA deny Petition PE-2006-AR-I0551. However, should the BZA approve this petition, staff recommends that the approval be subject to the conditions incorporated into the attached Resolution. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review 3 Item Number; Item Summary; Meeting Date: Page 1 of 1 Agenda Ilem No. 7A September 11. 2007 Page 4 Of 76 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A Thili item reqlllfes that all partlclpolnts be swornm and ex parte disc losurebeprovidedby Commission members, PE-2006.,Il,R-10551, DeVoe Family Limited Partnership II, represented by Sandril Botteller of 0_ Grady Minor & Associates P,A, IS requesting a parking exemption tor the DeVoe Suzuki dealership Tne exemption seeks approval of an off- sitl" ernployeeparking area on a reSidentially-zoned lotto serve IheDel/oe Su:uki dealership In the ad_iacent commerCially-zoned distl'lcL The subject properly. consisting of 023 acres, IS located al1397 Trail TerTace Drive. on the northwesl comer 01 1~th Streel North and Trail Terrace Dl'lw, approximately 500 feel soulh of Solana Road III SectIOn 22, Township 49 SOUtl1, Range 25 Easl Collier COllnty Flonda 9111/20Q79:0QOOAM Senior Planner Date Prepared By John.Da'lidMose Community Development & EnvironmentalSer'lices Zomng& Land Development 6/28i200710:42:59AM Chief Planner Date Approved By Ray Bellows Community Development & Em',ronmantalServlce$ Z_onin(j & Land DevelopnH~nt Review 612812U0711:50AM Susar, MurrllY,AICP Zonlnf,l & Laml Development D;rectol D(\te Approved By Cnmmurllty Development <>- Envi"onment~1 Servi~es Zoning & L.lI1d DevBlopment Review 7/3/20079:56 AM Marlene Stewart Date Approved By Community Dellelopment & E.nllironmentalServices ExeoutiveS-ecretary Community Development & Environmental Servlce"Admin 7/3/20071:05 PM Approved By Joseph K, SChmitt Community Development & EnvironmentilIServit:e~ Community De\lelopmenl &. Environmental S-ervlI:;es Adm,nstr,,-tor Date CommunilyD,'\Ielopment& EllvironmelltaIS"'rlt,cesAomin. 7!512oo7 6:45 PM Applicallons An<llyst Date Approved By OM!;> CoonJrnlltor Administrative Services inlormationTecl1llo\oOY 7/9/20079:31 AM Mark Isackson 811dpetAnalyst tJate ApprovetlB}' County Manager's Ofliee Office of Mana~wment & Budget 7111/20072:12 PM Approved By James V, Mudd BoartiolCounty Commissioners Counly Manager Date CQunty Manager's Office 7/12/20079::>7 AM file://C:\AgendaT est\Export\88-September%20 11.%202007\07. %20BOARDo/0200Fo/020Z0.. 9/5/2007 ^GEN~..9.e2.i!j'l,'!\rm No.7 A ~_Br8rli\ 2007 Page 5 of 76 eo1N:r County "- ~ - - II::. __ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEAliNG DATE: MAY 3, 2007 SUBJECT: PETITION; PE-2006-AR-1055 I : DEVOE PARKING EXEMPTION APPLICANT/ AGENTS: Applicant: DeVoe Family Limited Partnership II P.O. Box 1098 Naples, FL 34106 Agent: Sandra Bottcher Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: The applicant seeks approval of a parking exemption to allow an off-site employee parking lot in the Residential Multi-Family (RMF-6) zoning district. The proposed 14-space parking lot would serve the DeVoe Suzuki dealership that is presently under construction in the adjacent General Commercial (C-4) zoning district to the east. GEOGRAPHIC LOCA nON: The proposed off-site parking lot would be accommodatcd on a 0.23-acre tract located at 1397 Trail Terrace Drive. The site lies on the nOlth side of Trail Terrace Drive, immediately west of its intersection with 14'h Street NOIth, in Section 22, Township 49 South, Range 25 East, of Collier County, Plorida. On the attached zoning map, the subject site is outlined in yellow and the dealership that the parking exemption would serve is outlined in green PURPOSEIDESCRIPTlON OF PRO,JECT: The petitioner states that the requested parking lot is needed for dealership staff since, based upon their personal automobile-sales industry experience, the anticipated number of employees will generate parking in excess of the standards provided by the Land Development Code (LDC). Additionally, the Suzuki franchiser requires the provision of 60 vehicle "display spaces," futther restricting the availability of parking on-site. The subject sile was formerly occupied by a used car sales office/trailer; however, it is now being developed with the Suzuki dealership for which the proposed parking Staff Report for May 3,2007 cepc Devoe Parking Exemption, PE-2006.AR-10551 Page 1 of8 <(r--<o r--Or-- m -<~o I a .:<0 . ' _ .~: ~,"'Yli. ~ ~lI:I ~" . I. 8S ~ < Q3~0l Q~ $ < _OJ<1l ~~ <') '- I' >m -.DCt. , ~ ~ i~ w < ~. (,) ~d <1l;:: A.. u.. . ~~ e" "'- 0 (/) u 'g c$ 0 .0 . c: I. " z , <1>0- Gj~ ';j OlOJ \5 E <((I) I .... " , I ~ (,) 0 . (10;8 '~j":>) avo~ >INV!:U-Ji1310000 "<t , (,) '<t \i ~ , u.. & . Q Q (/) W ~ .. c: Q U ~ " u ~ z , ~ . ~ w~ 0 z .' , " , " iiJ ~ ~ w " G HHION 133U!S H.l..=!ll',u 'T>':>iOIJ.QII / - -.- U'&1~6A'iIH . n . nmOOO\\m t~ I( ! l~ ~CIf'OIjll.ll_l_OOS: tL-lUVl.8IlllII , I o.tow lKlui.....n 1- 1. !~ lIt'Vol ~Wrf\lOl'llJO<1\/111' ~~ tiz I wQ i ,\; , Ou ;!I :i:g \ . 111'1 ':))(I'IIl.lti I'" -- . I~I r!1 {<t'trnl lMIl 1HUf{~ . , " II Ii II ~ h li.!ii li:!~iI i " I ~=" ilnwOW; " """""- II 1. jii - a.. <( ~ C!> z z o N m - '" '" " D: <C . '" " " N W 0. .. Z o E 0- W 0. a.. <( ~ z o I- <( () o ....J Agenda item I~o. 7 A September 11, 2007 Page 7 of 76 exemption is being requested. According to the petitioners' narrative statement, the parking exemption is being requested to provide 14 additional parking spaces for dealership staff since, based upon the applicant's personal automobile-sales industry experience, the anticipated number of employees will generate parking in excess of the standards provided by the LDC. (The petitioners have noted that changes in this industry may warrant a review of the LDC standards.) The residentially-zoned site for which the parking exemption is being sought is vacant and cleared. The property previously contained an abandoned residence that the DeVoe family had donated to the Fire Department for training purposes, which was subsequently demolished. In the narrative statement, the applicant states that if the proposed parking exemption is approved, the property would serve as a step- down in intensity between the C-4 zoning district to the east and the existing, single-family and multi- family uses on the RMF-6-zoned propelties abutting it to the north, west and south. A IS-foot wide, type B buffer and a six-foot high barrier wall would be provided along the subject site's northern and westem sides in order to screen and shield the existing residential uses from the proposed parking lot. (No mention was made of how the southern boundary of the subject property would be treated to buffer the residential propelty abutting it.) The petitioner is also proposing a small sign on the site to indicate that the parking lot would be for employee use only; and a lockable gate would be provided to prevent the lot's unauthorized nighttime use. SURROUNDING LAND USE AND ZONING (refer to the Zonine MaD): North; Developed, platted lots of the Decker Highlands Subdivision, zoned RMF-6; then Highlands Drive. The single-family home on the parcel immediately adjacent to the subject propelty was constructed in 1974. South: Trail Terrace Drive; then platted lots of the Trail Ten'ace Subdivision, zoned RMF-6. The single-family home on the parcel immediately abutting thc su~ject propelty was constructed in 1981. Staff Report for May 3, 2007,2006 CCPC Devoe Parking Exemption, PE.2006.AR-10551 Page 2 of 8 Agenda Item No. 7A September 11, 2007 Page 8 of 76 East: Fourteenth Street; then redeveloping lots of the Trail Terrace Subdivision, zoned C.4. The Suzuki dealership for which this parking exemption is being proposed is situated in this area. West; Developed platted lots of the Trail TelTace Subdivision, zoned RMF.6. The duplex on the parcel immediately abutting the subject property was constructed in 1957. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The property for this proposed parking exemption is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). The GMP is silent regarding parking exemptions in confOlmance with the LDC. The LDC addresses parking exemptions in LDC Section 4.05.02 K.3, and establishes criteria for their review and approval. Based on the above analysis, Comprehensive Planning staff believes this request may be deemed consistent with the FutUl'e Land Use Element (FLUE). ANALYSIS: Transportation Review: Staff from the TranspOliation Department has noted a concem regarding the design of the proposed sidewalk located on the western and a portion of the northern sides of the site. Rather than merely expanding the width of the existing three-foot wide sidewalk in order to meet the current, five-fool standard (which would leave a longitudinal seam that would likely crack and separate), TranspOliation staff requested that the applicant remove the sidewalk altogether and replace it with the new, five-foot wide standard in order to ensure the soundest and safest pedestrian walkway. Zoning Review: Section 4.05.02.K.3.(a)2 of the LDC allows a parking exemption to be sought when a lot proposed for off.site parking is not zoned for commercial uses. As part of its review of this application, Staff has completed a comprehensive evaluation of the parking exemption criteria outlined in Section 4.04.02,K3.(b) of the LDC, upon which a determination for any parking exemption must be based. (These criteria are italicized below, followed by staffs comments.) This evaluation will form the foundation of the Planning Commission's recommendation, which is then forwarded to the Board of Zoning Appeals Board (BZA) for a final decision. (1) Whether the amount of off-site parking is required by LDC Section 4.05.04 G. and 4.05.09. or is in excess of these requirements. The LDC's minimum parking requirements for the auto dealership are as follows; Parking Tabulations for the Original SDP LDCIV1\!Jitnum 'Dealership Area . 'Ratio lspa'ceI4I.lQsq.(t: 4,934 sq. ft.l400 sq, ft ofbiiildin ,area Isp~cCl~;OOPsq. 2,548 sq. ft.l2,OOO sq. ft. .ft,ofolltiloor sales disla area Required Parking Proposed pal;king 12.3 spaces 12 spaces 1.3 spaces I space Staff Report for May 3, 2007, 2006 CCPC Devoe Parking Exemption, PE-2006.AR.10551 Page 3 of 8 Agenda Item NO.7 A September 11, 2007 Page 9 of 76 1 handicap ~pac~25 parking s aces 14 spaces/25 spaces 0.6 space 1 space Total: 14 spaces Parking Tabnlations for the Approved SDP A ,I,npMiniltl!lm . Dealership Area 'Ratio lspllce/2,OOOsq, 14,441 sq. ft.l2,OOO sq. ft. ft.of(Jul:doorsales displllyarea IhlljJdicap 7spaces/25 splices spaee/25 parking s aces Req!lired l'al'king P,,'oposedl'al'king 7.2 spaces 7 spaces 0.3 spaces o spaces Total: 7 additional spaces As shown in the tables above, the LDC required a minimum of ] 4 parking spaces for the dealership's originally approved Site Development Plan (SDP). Seven additional spaces (for a total of 2\ spaces) were subsequently rcquired for the expandcd site with the approval of SDPA-2006- AR-I0712. The approved site plan, prepared by Q. Grady Minor and Associates, P.A., dated September 2006 as revised through December 5, 2006, a lolal of I 19 parking spaceR are being provided on the site, which represents 98 spaces over that required by the LDC (119 - 2\ = 98 spaces). The petitioner stales that an additional 14 spaces (for a total of 112 Rpaces for the site above the LDC requirement) are now being requested because: (a) the Suzuki franchiser rcquires 60 on-site display parking spaces; (b) based on their personal industry experience, the number of employees will necessitate more parking than the minimum prescribed by the LDC; (c) lhe petitioner is concerned about overflow parking into the right-of-way; and (d) the dealership may be expanded in the future. Regarding reason (a), in staff's opinion, parking for the use should be accommodated on the existing site or accomplished through the consolidation of adjacent propeliy within the allowable commcrcial zoning district. Forcing a parking lot into an established residential neighborhood in order to accommodate the overbuilding or intensification of a commercial use would not be appropriate. As noted above, the site is already overparked by 98 spaces relative to the LDC minimum parking requirements; and even when the 60 display spaces required by the franchise holder are deducted from that number, an excess of 38 parking spaces remains. (By itself, this remainder is nearly double the numbcr of spaces required by the LDC.) The applicant has stated that these 38 spaces are needed to accommodate employec overflow from their Saab-Isuzu-Subaru dealership site, located across Solano Road, nOlih of the Suzuki dealership. However, the proposed parking exemption is not being requested for lhe applicants' Saab-Isuzu-Subaru sitc, but rather the Suzuki site. Conceming reason (b), common planning practicc dictates that separate allowances, such as exemptions, should not be given in a situation of such a general nature that it could affect others similarly situated. If, as the petitioner has stated in the narrative, the auto sales industry has changed such that the LDC parking standards for this use should be revised, then an LDC amendment would be the appropriate mcchanism to address the situation; granting a parking Staff Report for May 3,2007,2006 CCPC Devoe Parking Exemption, PE-2006-AR-10551 Page4 of 8 ~ Agenda Item No. 7A September 11, 2007 Page 10 of 76 exemption or any variance from the existing standards would not. Relative to reason (c), parking in the right-of-way is a zoning violation and is, therefore, prohibited. If the petitioner has concerns about the use overflowing into the right-of-way, the use should be downscaled to adequately fit the site. Regarding reason (d), any future expansion of the dealership should be able to provide the required parking on-site in compliance with the LDC parking requirements, in addition to any additional parking that might be needed in order to meet the demands of the franchise. As shown on the zoning map, there are several parcels zoned C-4 fronting Goodlette- Frank Road contiguous to the southern boundary of the dealership. Staff believes that these commercially-zoned lots would be the appropriate site for additional parking or any other expansion of the use, as the location of these parcels would not cause an encroachment into the existing residential neighborhood. (Staff notes that approval of this parking exemption should not be construed as a variance from any parking space requirement for any future expansion.) (2) The distance of the farthest parking space fi"om Ihe facilily to be served The petitioner's development plan (see Exhibit A) clearly illustrates the spatial relationship between the auto dealership and the proposed off-site parking lot directly across 14th Street NOlth (which has a 6O-foot wide right-of-way). The wheelstop of the falthest parking space is shown approximately 160 feet from the auto dealership's nearest enlt'allce. (3) Pedestrian safely if the lots are separated by a colleclor or arterial roadway; and (4) Pedestrian and vehicular safety, FOUlteenth SIt'eet North is classified as a local rather than a collector or arterial roadway. The petitioner is proposing a sidewalk alld a pedestrian crosswalk to connect the proposed pal'king lot to the automobile dealership situated across J 4th Street North. Persons using the parking lot would, therefore, be required to cross 14th Street North to reach the dealership, thereby increasing the risk of danger when compared to on-site parking. (5) The character and quality of the neighborhood and the fiiture development of surrounding properties. Zoning staff has concerns about permitting the development of a parking lot on this site, as it would be an encroachment into an established residential neighborhood of single- and multi-family dwellings established between the late-I 950s and the 1980s. The entire al'ea west of 141h Street NOlth sUlTOunding the proposed parking lot site is zoned for, and currently developed with, single- family and multi-family housing; and although the dwelling on the subject property has been demolished and the parcel is now vacant, the land remains zoned RMF-6 which is intended for residential uses, (6) Potential parking problems for neighboring properties. There are no nearby commercial uses that would likely attempt to use the parking lot illegally; and use ofthe parking lot for non-employees would be discouraged by the propllsed signage al1d gate. Staff Report for May 3, 2007, 2006 CCPC Devoe Parking Exemption, PE-2006.AR-10551 Page 5 of 8 Agenda Item NO.7 A September 11. 2007 Page 11 of76 (7) Whether the Inlernaltraffic flow is required 10 leave the site to reach the proposed ojJ-site parking. The proposed lot would be directly accessible from 14th Street North, so users would not be required to cut through the auto dealership to reach it. (8) Whether vehicular access shall be from or 011/0 residential streets. As previously noted, 14th Street North is a local (i,e., residential) street. However the existing dealership already uses 14th Street North for access, so this issue does not seem germane to this petition. (9) Whether buffers adjacent to Ihe property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The development plan indicates that the residentially-zoned lots to the nOlth and west will be separated from the proposed parking lot by a 15-foot wide, type B buffer; and from the residentially-zoned propelty to the south (and the dealership to the east) by a 10-foot wide, type D buffer. As required by LDC Section 5.03.02.EJ and Section 5,03.02,EA, respectively, a six-foot high masonry or pre-fabricated concrete wall/fence must be provided along the northem and western boundaries of the site, and a four-foot high wall/fence must be provided along its southern boundary. The applicants' narrative statement alludes to the six-foot walls, but no mention is made of the required four-foot wall; nor are any of these walls shoWll on the submitted development plan, (10) Whether the ojJ-site parking area will be usedfor valet parking. Valet parking is not proposed. (11) Whether the ojJ-site parking area will be usedfor employee parking. The petitioner has indicated that the off-site parking area is to be utilized by employees only. (/2) Whether there are more viable allernatives available. There are clearly more appropriate alternatives, such as scaling back the size of the use so that its parking needs could be accommodated on-site rather than spilling over into an established residential neighborhood, especially when the use is already providing 98 spaces over the minimum requirement of the LDC (and still 38 parking spaces over this requirement even when the 60 display spaces mandated by the franchise holder are deducted). Another option would be to locate the additional employee parking spaces on one of the parcels along Goodlette-Frank Road, abutting the southern boundary of the dealership, which are already zoned C-4 and would not necessitate a parking exemption. Finally, the petitioner could relocate the new dealership to a larger tract of land in another area of the county that would be more suitable for its intensive parking needs. (13) Off-streel parking areas must be accessible from a slreet, alley or other public right-of'l'ay and all ojJ-street parking facilities m1ls1 be so arranged that no motor vehicle shall have to Staff Report for May 3, 2007, 2006 cepe Devoe Parking Exemption. PE-2006-AR.10551 Page 6 of 8 ~ Agenda Item No. 7 A September 11, 2007 Page 12 of 76 back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 2.3.16. Trail TelTace Drive provides vehicular access to the off-site parking lot. The parking lot has been designed so that motor vehicles would not he required to back into the street. NEIGHBORHOOD INFORMATION REQUIREMENTS: For parking exemptions, the LDC requircs petitioners to notify neighboring property owners by mail, but no meeting is required. The petitioner provided documentation to show the required letter was sent on November 3, 2006, and held a voluntary neighborhood information meeting on February 1, 2007. Because the meeting was unofficial, County staff was not in attendance and the meeting was not officially recorded. STAFF RECOMMENDATION: Staff of Zoning and Land Development Review recommends that the Collier County Phllming Commission (CCPC) forward Petition PE-2006-AR-I0551 to the Board of County Commissioners (BCC) with a recommendation of denial, finding that the proposed use; already significantly exceeds LDC parking requirements, irrespective of the franchiser's additional parking demands; would encroach upon an existing residential neighborhood, thereby negatively impacting its character, quality and future development; would pose increased pedestrian and vehicular safety risks; and has more viable alternatives available to accommodate its intensive parking needs. PREPARED BY: ~1+fJ~ -DA VlD MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW r //; / 0 1 DATf: _4/1~7 'DA ~. II) . d:.1~~---- {flUto/' RAYB LOWS,MANAGER J ATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW ~ lfh. lrCe/l~ SlJ'SAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW t/ /; 2-10 7 , DATE Staff Report for May 3,2007,2006 CCPC Devoe Parking Exemption, PE-2006-AR-10551 Page 7 of B APPROVED BY: /-----, , PH K. SCHM , ADM STRA TOR MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE Tentatively scheduled for the June 12, 2007 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: IM~~~ MARK p, STRAIN, CHAIRMAN Staff Report for May 3, 2007, 2006 CCPC Devoe Parking Exemption, PE-2006-AR-10551 ~ l[) - 3- 0 7 DATE Agenda Item No. 7A September 11, 2007 Page 13 of 76 Page 8 of8 _z__ . ".,,-....... I' ! .......... -' I . '. , . " . ;~I d <{r-<D I 'I :ii e~e r-Dr- ;1 D_ ,I I , I.! >"~, "l 0 , ! "I ' I r.::-~ ,,:..q- -. ,.._, :i ~ 'I ~I. I II r .....;: 11) ,I "'-OJ "'''' ...\~~ ,....... I ~i! :::=~ro '" "'ED- . II II "OQ) "I "_ Eli IDo.. ; OJQ) ~ I., <{CfJ . 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I I 1'- 1 I 1: i Y-' I I '.'/ J- /, I ( , i I I I , I I I 1 ", f O \ 1_\- = =.,=[-- '" I: ~ 01 i~ .00:; N ~ ~ :ii!l l~ ~ Q't;; .I"~ ~ ~~ Id t::l :;: Ol I"'~ ~ ,,- ,- ct: o..~. lO:~ Q'; ~ '3 '" ~ !< ~ ~. ~~ ~ .... ~~ L 1.3~ , ill ~~ ~ ~ii ~~ili! ::ir~ ""= !!;; g~ "~E ~~.t"l ~~~ - -< :51'"~ =~li: ~ . 8~ '~~l ~K!J1.. ~.e ~ ~ ~Lfih ~ ~ ~J~ -c i:l '",g" ~~ l~ d.... i > ~ l;; ~ fJ '" ~ i B "I <1<".. "'I' ~ g ~ " I>: l~~ t I ~~ !. ~~i5~ 'i-'",~ t .~.~" ....~~'" . '.'J, .' ~~L~~ " g;~ ~ ~ 1;\ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors. Planners. Landscape Architects Agenda Item No. 7A September 11, 2007 Page 15 of 76 MARK W. MINOR, r.E. NORMAN J. TREBILCOCK, AI.c.r" P.E. e DEAN SMITH, P.E. DA VlD W. SCHMITT. P.E. MICHAEL J. DELATE, r.E. MICHAEL T. HERRERA, r.E. GARY J. GASPERINI, P.E. WILSON A. GARCIA, P.E. D. WAYNE ARNOLD, A.J.C.P. STEPHEN v. BURGESS, P.S.M. JUAN A. ARAQUE, P.s.M. KEITH A. STEPHENSON, P.s.M. KENN!ITH W. PAHUTSKl ALAN v. ROSEMAN JEI'FREY S. CURL, ASLA, RLA IVY WYLIE, r.E. September 22, 2006 Ms. Kay Deselem, AICP Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 PE_2006-AR-10551 PROJECT 112006050058 DATE: 9/26/06 KAY DESELEM RE: DeVoe Parking Exemption Dear Ms. Deselem: Enclosed, please fInd the completed appiication and supporting materials for the DeVoe Parking Exemption petition. The pre-application meeting for this project was held on May 17, 2006. The application seeks approval of an off-site employee parking area on a residentially-zoned lot to serve the DeVoe Suzuki dealership in the adjacent commercially-zoned district. The subject property is generally located two blocks south of Solana Road, on the west side of FOUlteenth Street, which is one block west of Goodlette-Frank Road. A complete LDC consistency analysis is enclosed for your review. Please feel free to contact me at 947-1144 if you have any questions regarding this submittal. Sincerely, ~e,- Heidi K. Williams Enclosure cc: Richard DeVoe Don DeVoe (239) 947-] ]44. PAX (239) 947-0375. Web Sile: www.gradyminor.com 3800 Vift Del Rey . BonitCl Springs, Floridi:l 341~4-7569 EB 0005] 51 . LB 0005151 . LC 26000266 KDOb0920Covcr Letter.doc DVKK ~ Agenda Item No. 7A September 11, 2007 Page 16 of 76 ADDITIONAL INFORMATION PROVIDED BY THE APPLICANT'S AGENT OCTOBER 31, 2006 The auto dealership that will be selVed by the proposed off-site lot is located east of the subject property between 141h Street and Goodlette-Frank Road. The dealership site is zoned C-4. There was previously a pre-owned auto sales trailer on the property and now the Suzuki dealership is under construction there. The Suzuki franchise standard requires 60 display spaces, which are provided on-site. Customer parking has been provided on-site in accordance with the Land Development Code requirements. The DeVoe Family is concerned that, due to their extensive experience in the auto sales industry, the expected number of employees is higher than the LDC parking calculation anticipates. Perhaps there are changes in the industry that warrant review of the parking standard, however, we are seeking a near-term solution to prevent overflow parking in the right of way or any other undesirable situation from developing. There is an abandoned home on the property for which we seek the parking exemption. As you noted, that home is not habitable. The DeVoe Family donated this house to the Fire Department for training purposes. It has been well used by the Fire Department for practice with smoke drills, drills that required cutting holes in the roof, and simulating situations where a vehicle was driven through the wall. It is now boarded up and scheduled to be torn down within a few weeks. If the parking exemption is approved, we feel that this property may selVe as a step-down in intensity between the C-4 zoning district and the existing single- family and duplex residences in the neighborhood. The site will be landscaped according to Code with a six-foot wall on the north and west sides. Our client intends to install a small sign indicating that the parking lot is for employees only and to provide a gate that will be locked each evening. The DeVoe family is committed to proper maintenance of the proposed site. They understand that the appearance of this site reflects on their entire organization. Therefore, it is our opinion that the proposed parking area will be an attractive visual booster to the neighborhood rather than a nuisance. Thank you again for discussing this petition further prior to rendering a staff opinion. Please let me know if there are any other points we can clarify. DeVoe Parking Exemption Petition Nan'alive Statement Agenda Item NO.7 A September 11, 2007 PE-2006-AR-10551Page 170176 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM The requested DeVoe Parking Exemption would allow parking spaces for employees of the new and used automobile dealership to the east to he located on the subject property, The subject site is 0.23," acres located on the north side of Trail Terrace Drive, immediately west of FOUlteenth Street. It is designated Urban, Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Collier County Growth Management Plan. The property is zoned Residential Multiple-Family-6 (RMF-6) and is within the Corridor Management Overlay (CMO) on the Official Zoning Atlas Map of Collier County. Although the propelty is within 330 feet of Goodlette-Frank Road, the provisions of the CMO do not apply to this site because it is not abutting or adjacent to thc right-of-way, as required by Section 2,03.07.A.2 of the Land Developmcnt Code (LDC). Section 4.05.02.K.3.a of the tDe contains specific circumstances under which an applicant may request a parking exemption. This petition falls under the second scenario in which the proposed off-site parking area is not in a commercial zoning district. Approval of parking exemptions is based upon the 12 factors outlined in LDC section 4.05.02.K.3.b. Consistency with thesc 12 provisions is demonstrated below. I) The subject property is intended to supplement the parking requirement and providc a parking area for employees of an auto dealership that is under construction east of the site. Based on the approved site plan, the required amount of parking for the dealership is 14 spaces. Currently, 18 spaces are provided on-site. It is anticipated that the dealership may be expanded to the south, in which Case more parking will be required. Should this petition be approved, 14 spaces would be constructed on the subject property to meet the increased requirement. The parking exemption is not intendcd to provide parking area that is drastically more than the number of required parking spaces. It is also not intended to displace customer parking to this area. 2) The subject property is adjacent to the property it serves, but is separated from it by Fourteenth Street, which is a local road with a 60-foot right-of-way width. This is a reasonable distance for an employee to walk to the building. Many conunerciallocations provide on-site parking lots that extend a fmther distance from the building than this width. 3) As stated above, the subject property is separated from the commercial site by a local road rather than a collector or atterial road. Despite this, a complete pedestrian system will safely convey employees to the dealership. 4) The subject propel1y will be designed to promote pedestrian and vehicular safety by prohibiting vehicles from backing directly onto Fourteenth Street, by sepat'ating pedestrian paths from vehicular travel lanes and by providing signage atld pavement markings to increase awareness of any points of interaction between vehicular and pedestrian traffic. If the parking exemption is approved, a final site development plan will be submitted that is consistent with LDC provisions regarding these items. Page I of3 Agenda Item No. 7 A September 11, 2007 Page 18 of 76 5) The neighborhood surrounding the subject property is transitional between residential and commercial areas. This site and the lots to the north and south of it arc immediately west of the General Commercial Zoning District (C-4) located along Goodlette-Frank Road. Currently, this district supports a landscape and fertilizer company, a day care facility and auto dealerships that are accessible from Fourteenth Street. A residentially-zoned lot located one block north of tlle subject property was granted an off-site parking exemption for a similar purpose. That lot and the subject property serve as buffers between the more intense commercial area and the neighboring residential sites. The neighborhood is built out with older single-family and duplex residential uses, but redevelopment activity continues on a lot-by-lot basis. 6) If the parking exemption is approved, it should not ereate a parking problem for the neighborhood. This lot would be specifically for employees to utilize during normal business hours. All customer parking spaces will be contained on-site. 7) Employees utilizing the proposed lot would proceed directly to the lot by way of the existing road network and would not cut through the auto dealership. Internal traffic will remain internal to the dealership. 8) Ingress and egress to the proposed off-site parking lot will he onto Fourteenth Street. Generally, the east side of Fourteenth Street serves commercial properties and the west side serves residential uses. For the most part, driveways for the residential lots access tbe perpendicular local roads rather than Fourteenth Street. While Fourteenth Street may be viewed as a partially residential road, the alternative access is onto Trail TelTace Drive which is a purely residential street. The conceptual site plan provides access onto Fourteenth to minimize impacts to the residential area. 9) The subject property abuts two lots zoned RMF-6 that are already developed with single- family and duplex residences. The north and west side of the site will be landscaped with a ] 5-foot wide Type-B buffer, including a six-foot high wall. This will serve to separate aod screen existing residents from the parking area. 10) The off-site parking area will not be used for valet parking services. II) The off-site parking area will be used for employees only. 12) Due to site constraints including the width of the commercial property, the applicant feels that the ofi~site parking area is tbe most viable option for employee parking, In addition to the considerations above, LDC Section 4.05.02.K.3.c requires that motor vehieles may not back directly onto rights-of-way. The conceptual plan shows a potential layout that accommodates this requirement. This parking exemption petition, as proposed, meets all the Land Development Code criteria. The lot is placed to serve the auto dealership while adequately buffe1ing residential10ts from the Page 2 of3 Agenda Item No. 7A September 11. 2007 Page 19 of 76 more intense commercial district. Landscaping, including a six-foot wall further protect neighbors from potential any negative impacts. Use of the site will be limited to normal business hours which fillther decrease impacts to the neighborhood. New landscape buffering will provide an attractive streetscape at the entrance to the residential area. Overall, approval of the parking exemption petition does not pose any nuisance to the neighborhood or threat to public health, safety or welfare. Pngc 3 of3 . ;... Agenda Item No. 7A September 11, 2007 Page 20 of 76 RESOLUTION NO. 07- A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLffiR COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION l'E-2006-AR-!055I. IN ORDBR TO PERMIT OFF-SITE PARKING ON A NON-CONTIGUOUS LOT ZONED RESlDBNTlAL MULTI-FAMILY (RMF-6l, LOCATED AT 1397 TRAIL TERRACE DRNE. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate. and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS I the County pursuant thereto adopted a Land Development Code (Ordinance No. 04-41, as amended) which cSlablishcs regulations for the zoning of particular geographic divisions of the County; and WI:IEREAS, Section 4.05.00 of the Land Development Code sets forth requirements find standards for off~street parking and loading facilities and pe.rmHs an exemption from these standards under certain circumstances; and WHEREAS, after proper notice. the Board of Zoning Appeals held a public hearing to consider Parking Exemption petition PE.2006-AR-10551 and found that the criteria set forth in Section 4.0S.02.K.3. of the. Land Development Code hus been met and the Petition should be approved; and WHEREAS, ail interested parties have..been given opportunity to be heard by this Board in a public meeting and the Board having cousJdered all matters presented. NOW, THEREFORE. BE IT RESOLVED BY TUE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition PE-2006-AR-1055I filed by Q. Grady Minor and Associates, PA, representing the DeVoe Family Limited Pminel'ship ("Owner"), is approved to permit off-sile parking all non- contiguous land zoned Residential Multi-Family (RMF-6) at 1397 Trail Terrace Drive, more particularly described in Exhibit "A." The off-streel parking shall comply wilh lh~ Site Plan dated September, 2006, prepared by Q. Grady Minor and Associates P.A., attached hereto as Exhibit "B", and shall be subjecl to the conditions attached ill Exhibit "C," FEIge 1 0[2 Agenda Item No. 7 A September 11, 2007 Page 21 of 76 BE IT FURTHER RESOLVED that tilis Resolution be recorded in tile minutes of this Board. PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County, Floridn, tilis day of _____ ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA By: . Deputy Clerk By: JAMES COLETTA, Chairman Jeff Ass Exbibits: A. Legal Description B. Site Plan, dated September 2006 C. Conditions of Approval Page 2 of 2 Agenda Item No. 7A September 11, 2007 Page 22 of 76 LEGAL DESCRIPTION . . . .. . - . . THE EAST HALF OF LOT 19 AND ALL OF LOT 20, ALL IN 8LOCf(E OF ,TRAIL TERRACE AS RECORDED IN PLAT BOOK 2 AT PAGE: 94 IN THE PUBLIC RECORDS OF COLLIER. COUNTY FLORIDA. EXHIBIT A PE_2006-AR-10551 <(~(Q ~O~ .o~ 0'" 0 Z -<:0 E::::N Q),-Ill _<lJ -",c" .gj ED- ~'" (Do.. 0l<lJ <((I) -.- ....' '11_...- ,I l - , I' I :! ~~f . ^ ~il I !~ ;il . . :r ilot: l ~fl .,! l~~' !~ '" 1" III h~ ~/ I I _I "I " , I . 'I , , "I . ,r -..."...... .".. -.. -.-~. . '" , II II II II Njll. I: /I II # ) I I I I I I [ I.: I, I: o > ~~. ~lS~ "w" l!l~~ e< ~. d- I I rlfl" I. I ,I ! r::' I'; l l~ 1\;': II'.' Ili~ ~[; ) r~ .I ij,i/ II ~ II II II II II II II II II II t\ I II I \1 II , II I II II . 1\ I II II , II I II ' II ' II I II i , , ~ ~ :-::J '" ~ I el g u ~ ~~ ~ ~..... ~ ~ {."J~ ~ ~ ~ w ~~ n: o::~ ~f ~ (f~, ~i o "' ~ 1< ! ~ ee; ~ "~ ~ .... J';>.;g .. "'~ ~,- ei? ~ ~if ~ ~ ~ ~~' ~Eii ;1,' <::::>,!!llli:! F, -- - :;;~', ~ = ~:P~& ~t; ~'i'jll' ~~ 'c'. :=:' ial~ ~; :I$F. cr , I _~ ~i---~-'--~-- I' -~~=~-=-) 110 l:vAlHil --'i'V~ll---'_ I ./ ----.-- I - // i:r - L~ I , I I I -' I I I I I' I I I I I I, '\ ~~ \ ~\ \ ell I ~Ili I I I I I I I I I I ) . /1 i { I I I EXHIBIT B PE-2006-AR-10551 II ~'(l "1'1 II (1..: IIl,'N IIL;1: II hI 11,11 11":.1 11 L! ,I k: jllJ I j t~'.1 11!:i 11 :;\~ II L~ I "11 III>: I II :::1 I 11(;: 11':1 I (I :': I II ',. II " i :: .... II '. , 110 I II;~ ~' r!l ~l!~ 111-(-(\ . ~t., r ::~ w II U'I ~~s Ii iJ c I II ,.~, Ii _:1 II ':. II II III; Ill':; I[ tf Ii P 111'":' 'Il Ill. I Fl 0 I '\. l~t~ I ~ ==r==: If \; ~:I ~ I "~l>.~~ : ~UJJJ-LL :( i ! "~"J';2.:~' ~.:, .'=_ _'=~_ e-. Ii. ~ _____ --"'J_~~t-""::",---""-"""""",-,,~ L --~-- -- '1(' __ ________ --- __J / L' ---~-~~_f3\i (,.:\;o:iiiG;,:'~;S';'j:;-'i~'c3:hGt:di,,:L,:::1}), ,-- . . ~ , J: 0; e g ~ ~ ~ 3. .. ~~: I > , ^ 111 ! ~~ ~. ~ mii ~ ~:!: ~" I Agenda Item NO.7 A September 11, 2007 Page 24 of 76 CONDITIONS OF APPROVAL DEVOE SUZUKI DEALERSHIP I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "DeVoe Parking Exemption," prepared by Q. Grady Minor and Associates, P .A. and dated September 2006. The site plan noted is conceptual in nature for parking exemption application approval only. The final site design and development order plans shall be compliance with all applicable federal, state, and county laws and regulations; and 2. The Parking Exemption is limited to a maximum of 14 parking spaces that shall be restricted to employees of the Suzuki auto dealership only; and 3. Prior to the use of the site as a parking lot, the owner shall install a sign indicating that the parking lot use is limited to employees of the Suzuki dealership only. This sign must be shown on all development plans and is subject to further review by county staff; and 4. Prior to the use of the site as a parking lot, the owner shall install a gate across the entire entrance. TIlls gate shall be locked at the end of every business day after the last employee has departed. This gate must be shown on all development plans and is subject to fUlther review by county staff; and 5. The petitioner shall revise the site plan as part of any development order submittal showing new, code-compliant sidewalks. Upgrades to existing sidewalks are not acceptable. Drafted: 413107 EXHIBIT C PE-2006-AR-10551 G:ICurrentIMoss\Exemptions. ParkinglDeVoe. PE-2006-AR-10551ICONDiTIONS OF APPROVAL 11.3.06.rtf "4....".,. Agenda Item NO.7 A September 11. 2007 Page 25 of 76 RESOLUTION NO. 07. A RESOLUTION BY THE BOARD OF ZONlNG APPEALS OF COLLIER COUNTY, FLORIDA. GRANTlNG PARKING EXEMPTION PETITION PE-2006-AR-1055!, IN ORDER TO PERMIT OFF-SITE PARKING ON A NON-CONTIGUOUS LOT ZONED RESIDENTIAL MULTI-FAMJLY (RMF-6), LOCATED AT 1397 TRAIL TERRACE DRIVE. WHEREAS, the Legislature of the State of.Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate' and enforce zoning and such business regulations as are necessary fol' the protection of the public; and WHEREAS, tbe County pursuant thereto adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County: and WHEREAS, Section 4.05.00 of the Larld Deve.Joprnent Code sets forth requirements and standards for off-street parking and loading facilitie.':: and permits an exemption from these standards under celtain circumstances; and WHEREAS, after proper notice. tilC Board of Zoning Appeals held a public hearing to consider Parking Exemption Petition PB-2006-AR-l 0551 and found that the criteria set forth in Section 4.05.02.K3. of the Land Development Code has been met and the Petition should be approved; and WHEREAS, all interested parties have)een given opportunity to be heard by this Board in a public meeting and the Board having considc;red all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition PE-2006-AR-I0551 filed by Q. Grady Minor and Associate,. P.A., representing the DeVoe Family Limited Partnership ("Owner"), is approved to permit off-site parking on non- contiguous land zoned Residential Multi-Family (Rh1F-6) at 1397 Trail Terrace Drive, more particularly de.scI'ibed in Exhibit "A." The off-stroot parking shall comply willi the Site Plan dated September, 2006, prepared by Q. Gmdy Minor and Associates PA. attached hereto as Exhibit "B". and shaIl be subject to the conditions attached in Exhibit IIC," Page 1 of2 . Agenda Item NO.7 A September 11, 2007 Page 26 of 76 BE IT FURTHER RESOLVED that tllis Resolution be recorded in the minutes of this Board. PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County, Florida, this day of .2007, ATTEST: DWIGill E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FWRIDA By: , Deputy Clerk By: JAMES COLETTA, Chairmau Jeff Ass Exhibits: A. Legal Description B. Site Plan, dated September 2006 C. Conditions of Approval Page t.of2 Agenda Item No. 7A September 11. 2007 Page 27 of 76 . . ,. . . . . . . . . THE EAST HALF OF LOT 19 AND ALL OF LOT 20; ALL IN BLOCK E OF TRAIL TERRACE AS RECORDED IN PLAT BOOK 2 AT PAGE: 94 IN THE: PUBLIC RECORDS'OF COLLIER. COUNTY FLORIDA. . . . . . " - . , . LEGAL DESCRIPTION EXHIBIT A . PE-2006-AR-1 0551 11,(1 11[;1 11 I.:~r 11 t~r II l~~ . 111"1' I h' \1 l:~l Illi_:J II r;~ II tJ II Ii;] n::.'i, IIq lilli., , :11,}1 I 11";; II .:, . II':, I Iii II '0' II ,. I II" II; I II;~ I II r; [' Ii-HI t: If 1\ r:q d'lltli "; II ,." 8,1;! 11.' 8] II ( II:: II \ 1 II :.' II ~ II., \ :i \; ') \ \ \ ' i\ \ I 111:\ 0 _\ itf~. I 'I 1\ I = = = =1:::: I ~:I:",:, \ ' I Ii,' I I \ :1 t; \ -\\: 1 . IF I I ! Il~l,. II Q" - , LLlJ~I.:~~~~l, 011. I PE-2~:~~~-~0551 ! ~_'%-<--..L'_..""",,,;,-!___...JI: I. '_~_____ I ''Kd,.. . "'... q., - ..,L.;"..~ '&"""~_n _~.__ . 'L ---,-",-,"---~-~ ........,'----"7.":;.-<~,~~ ~. 7l:'~-'..,dl'~.'l"~".,,U"<,J., - - - .<c?>;;}0j::i;<~~T{?1~;'~t\'O':~"i' .,,~c=._. ~...-- - <(1'-<.0 , 01'- 1'-0_ ".1. NO '00 I '::N ,I .. ij)>-~ :::::~ro cu,.-o... 'Oc: c:i!O "'0. en", <((I) . ~ II . \I II N II 1 Ii I II II II \1 II II II II II II 11 \l \I II \I II \1 1\ II II II II It II II II )J II II , . I "_ '';',,,,",, . " ~;.lWS ~ . I' ; "1 ,I I: ~II .- ~!! .~ ~ I'i , r.~i :r I ;~ lit I ~qll .., i!i ii, h. , __,.."..N c~.'. ! I I 1 i i I , \ L I ~~ "'~il ~,,;' o~~ ~... o --'0- - ", . il O. l ~ ~ i::: ~ ~ ~ ~ ~ ~'" . ~ ~I- '" "", I ~ ~~ h .sa ~~ ;i ct: '" iii t~ ~ 0-5 ~ .oj ~ ~ ~ ~~ ~ " ..... , ~! \;' ..L~_"'-__ to''' . ':! I '" I <-~.,~- _,,,,,,..,,, 'i".i~- ~j/!II (' '-~--i-- ~n_~__ - . ~~ll! 1 ~/-- "_ _ ~i~! ,;~ I '/' ',",'-'-'~ - g 'Q1\i i, \ 1 _~'I u'r~-i(Dl . ~~ !!fil! I. t I I '" _. ,.p. i ',,: 'Il~ i e d !~ es~ '! . I, " I Jll , 1 >-! ' =, ., I ' ! . I '. , I '_ I . I I " I f-- -, 8~~ 0 I l . I',' I', g~ n. (']'1,. . 1 ff"~. ,\...U ~'!:~g~ I, .~ I I I _ ': : '[ I ill I, \ I I .il I, e.J , : I, : IT\ ;:'\.:~ ~ r." G) J '.J.!_~;_,_ _",_' Ii;;- ~~~~.g ~ ~ ;. ~ ~ !i: I, , I I I I I ..-6\. , ~l : t 'I::: '~l' I \ l' i I I, I I' I t\ ! \ Il I I \ , : , Ir' i ",l !:. I I ) '; I "/' h" j 1 l'~ ~~ l:;~~~ ... "~E.-g~ ~H,~u! ". o"':",..~ , Ii ~~:~ ~ '!~ ~ ).- /'1 ( \ \ I I Agenda Item No. 7A September 11, 2007 Page 29 of 76 CONDITIONS OF APPROVAL DEVOE SUZUKI DEALERSHIP I. The Parking Exemption is limited to what is shown on the conceptual site plan, identified as "DeVoe Parking Exemption," prepared by Q. Grady Minor and Associates, P.A. and dated September 2006. The site plan noted is conceptual in nature for parking exemption application approval only. The final site design and development order plans shall be compliance with all applicable federal, state, and county laws and regulations; and 2. The Parking Exemption is limited to a maximum of 14 parking spaces that shall be restricted to employees of the Suzuki auto dealership only; and 3. Prior to the use of the site as a parking lot, the owner shall install a sign indicating that the parking lot use is limited to employecs of the Suzuki dealership only. This sign must be shown on all development plans and is subject to further review by county staff; and 4. Prior to the use of the site as a parking lot, the owner shall install a gate across the entire entrance. This gate shall be locked at the end of every business day after the last cmployee has departed. This gate must be shown on all development plans and is s~lbject to further review by county staff; and 5. The petitioner shall revise the site plan as part of any development order submittal showing new, code-compliant sidewalks. Upgrades to existing sidewalks are not acceptable. EXHIBIT C PE-2006-AR-10551 G:\CurrentIMossIExemptlons, Parklng\DeVoe. PE-20QiJ-AR-10551ICONDITIONS OF APPROVAL 11-3-06.<11 ~ Agenda 1\81ti ~7 A SeptembMl1':-Z007 Page 30 of 76 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PARKING EXEMPTION (LDC 4.0S.02.K) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [PE_2006_AR-I0551 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM ] Above to be completed by Staff GENERAL INFORMATION l \ , ~ i > I I I ! L APPLICANT DEVOE FAMILY LIMITED PARTNERSHIP II ADDRESS PO BOX 1098 CITY NAPLES STATE FLORIDA ZIP 3410Q. FAX # 2..39-649-7452 TELEPHONE # 239-261-1234 CELL # E - MAl L AD DRESS: ______________________________________________________----------------- AGENT SANDRA BOTTCHER ADDRESS 3800 VIA DEL REY TELEPHONE # 239-947-1144 FIRM O. GRADY MINOR AND ASSOCIATES. P.A CITY BONITA SPRINGS STATE FL ZIP 34134 CELL # ____________________ FAX # 239-947-0375 E-MAIL ADDRESS:SBOTTCHER@GRADYMINOR.COM ! Last revised 11/23/05 Page 1 of 10 i / i i Agenda Item No. 7A September 11, 2007 Page 31 of 76 BE AWARE THAT COLLIER COUNTY HAS lOBBYIST REGULATIONS. ADDITIONAllY, THIS PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMATION AND SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (lDC). GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. I...... - OWN.ERSHIP INFORMATION ...~ NAME OF OWNER(S) DEVOE FAMILY LIMITED PARTNERSHIP II ADDRESS PO BOX 1 098 CITY NAPLES STATEFL ZIP 34106 TELEPHONE # ____________________ CELL # ____________________ FAX # _____________________ E- MAl L ADDRESS: _____________ ______ ___ ______________________ ________ ___ ________________ I PROPERTY LOCATION Detailed leoal descriotion of the orooerty covered by the aoolication: (If space is inadequate, attach on separate page.) Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maxi mum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct iegal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. PRINCIPAL SITE: Section/Township/Range 22/49/~ Plat Book 1: 2 Page #: 80: 94 lot: 1 - 3: lots l-S Block: F & G UniC_ Subdivision: Decker Highlands: Trail Terrrace Property I.D. Number(s): 29782400006. 29782440008. 29782480000. 77412360002.77412400001.77412480005.77412440003 Last revised 11/23/05 Page 2 of 10 ~ Agenda Item No. 7A September 11, 2007 Page 32 of 76 OFF-SITE PARKING AREA: Property I.D. Number(s): 77411680000 ____,:2~___&_rrll~HEI2----.ll;;CA~::::t?li~S~J::I]J:Lhl-------- Sizeofproperty~ 134.90 ft.X75.03ft. =TotaISq.Ft.10.121.5:t AcresO.23:t Address/general location of subject property: 1397 Trail Terrace Drive The property is located on the northwest corner of 14th Street and Trail Terrace Drive Approximatelv 500 feet South of Solana Road. -------------------------------------------~------------------------------------- -------------------------------------------------------------------------------~ L . ...,.,...,...,......'..; ;','.-;," ",-....." "..... ....... -...... ""-'-'" """"..,..--." '".'.-, . ASSOCIA liONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. If there are NO associations, please indicate N/A for EACH item. NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS __________________________ CITY ____________ STATE _____ ZIP ---------- NAME OF MASTER ASSOCIATION: N/A MAILING ADDRESS ____________________________ CITY ___________ STATE ____ ZIP ---------- NAME OF CIVIC ASSOCIATION: N/A MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP ------------ Last revised 11/23/05 Page 3 of 10 Agenda Item No. 7.A September 11, 2007 Page 33 of 76 DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownersh ip c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership Last revised 11/23/05 Page 4 of 10 Agenda Item NO.7 A September 11, 2007 Page 34 of 76 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Richard H. DeVoe. Naples. Florida Barbara J. DeVoe. DeVoe Familv Reduction Trust 7.24% 6.24% 86.52% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership ----------------------------------- ----------------------------------- -------~------------ ----------------------------------- -------------------- Date of Contract: ________________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- Last revised 11/23/05 Page 5 of 10 Agenda Item No.7 A September 11, 2007 Page 35 of 76 PRQJI;CTINFORMATIQN I Zoning of proposed off-site parking lot RMF-6 Zoning of commercial tract the Parking Exemption is proposed to serve (-4 Type of land use that the parking exemption is proposed to serve New and Used Car Dealership Total number of parking spaces required for project 20 Number of Parking Spaces Proposed Off-Site 14 Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? DYES I2SI NO If yes, please name the roadway: 14th Street Does the permitted use propose to share required parking with another permitted use? DYES I2SI NO L EVALUATION CRITERIA.. Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of Zoning Adjustments shall be based upon consideration of the applicable criteria noted in lDC Section 4.05.02.K.3.b. Please provide a narrative statement describing the request with specific reference to the criteria noted in the cited section of the lDC. Include any backup materials and documentation that you wish to have considered in support of the request. last revised 11/23/05 Page 6 of 10 . Agenda Item No. 7A September 11. 2007 Page 36 of 76 PARKING EXEMPTION (PE) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Comoleted Aoolication 20 X Pre-Aoplication meetino notes 20 x Conceptual Site Plan 24" x 36" 20 x Site Plan 8 Y, " x 11" 1 x Narrative Statement (based upon LDC Evaluation x Criteria) 20 Warrantv Deed 2 x Owner/Aaent Affidavit, sianed & sealed 1 x BoundarY Survev, no more than 6 months old (24" x 36") 4 x Electronic cODies of all document & Plans 1 x Addressina Checklist 2 x Location Mao 2 x 10-Year Lease Aoreement (see LDC 4.05.02.K.2.a) 2 x Fees: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. C2J $1,500 Public Hearing Application Fee C2J $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees; a new pre-application meeting may be required. C2J $729.00 Legal Advertising Fee for cepe meeting (to be reconciled upon receipt Naples Daily News Invoice). C2J $363.00 Legal Advertising Fee for Bee meeting o Property Owner Notification Fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified retllrn receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized agent/applicant for this petition. I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result In the delay of processing this petition. A~TUR~ C1/20(OG Date LEGAL DESCRIPTION Agenda Item No. 7A September 11, 2007 Page 37 of 76 THE EAST HALF OF LOT 1 9 AND ALL OF' LOT 20, ALL IN BLOCK E OF TRAIL TERRACE AS RECORDED IN PLAT BOOI< 2 AT PAGE 94 IN THE PUBLIC RECORDS 'OF COLLIER. COUNTY FLORIDA. PE-2006-AR-I0551 . PRO.meT #2006050058 DATE: 9/26/06 r Agenda Item No. 7 A PE_2006_AR-10555>eptember 11, 2007 PRO,lECT #20060500Slf'age 38 of 76 DATE: 9/26/06 I{A Y DESELEM AFFIDAVIT Well, DF,vOP. Fruni ly r.im;,tPC1 PArtnpTIOhip TT being first duly sworn, depose and say that well amI are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize O. Gradv Minor and Associates. P.A.. to act as our I my representative in any matters regarding this Petition. .~~-!l_!!~~ !H1<e4A.f ~~____________________________ Signature of Property Owner Signature of Property Owner DeVoe Family Limited Partnership II Richard H. DeVoe General Partner ----------------------------- -------------------------------- Typed or Printed Name of Owner Typed or Printed Name of Owner /*- The foregoing instrument was acknowl~ed before me this __k.:="_ day of _-;:Lj/.J.d.L___, 2006, by eu..I:ILe.ILJ1..Jlr::JJ.pJL_~F1o is personally known tu~ or has produced ________________________as i dentificati 0 n. State of Florida County of Collier !?/J-v._jL f {O~.: (Signature of Notarfj>'ublic - State of Florida) ..,~~!"!!~ ,4<~"'YJ;i;i-, PAMELAJ. DAVIS !>{ ',.j MYCOMMISSIONIDD144125 W;;,... ',J EXPIRES: December 20. ZOO6 ''l.P,fllm. Sord<<IThNNclII/Yf'1t.Ii;U/IllttwIl\oro _______f.t"J.MHL1----;[:.-~b-dJL1$ (Print, Type. or Stamp Commissioned Name of Notary Public) Last revised 11/23/05 Page 10 of 10 PE-2006-AR-I0551 PROJECT #2006050058 DATE: 9/26/06 KAYDESELEM Agenda Item No. 7A September 11Pillll71 of 1 . Page 39 0176 .. Book 4043 - page 2073 Preoared by and relum IQ: Kalhleen C. PalSldomo, Esq. Kelly, Passldomo, Alba & Cassner, LLP 2390 Tamlaml TraU North S nlte 204 Naples, FL 34103 239-261-3453 File Number: DeVoe Will Call No.: 8fl.02483 3844786 OR: 4043PG: 2073 RICOWID In omcm AlCORDS of OO~Ull COBIn, .. OS/25/2006 at 10:59AK arIGB' I. BROCr. Clllr eOls 1115000.0' DC III 11.50 DOC-.70 1311S.0D Retll: lILU PASSlOOKO It At 2390 'AKIANl 'R I '201 IAPLlB rL mOl (Spa.. Abov. This Un. For Rccording o."J Warranty Deed This Warranty Deed made Ihill ;t day of .Lt~ _ 2006 between Rebeeca Wallace alk/a Rebecca Z. Wll1Iace, a single woman, grantor, and DeVoe Famll mlled Parlnershlp II, a FI"rlda limited partnership wbose po$1 "mc. addre.. is P.O. B"I 1098, Naples, FL 34106. grantee: (Whenever osed'henlin the tet"l'l1S "grantor" and. Ilgrantce" include "lithe pd/1.ies 10 lhfs ilUtrument Md the helin, !egol reprosenlat'vcs. and Msigns of iDdlvidua!s..ond Iht .succcs~ors and assigns of CorporaIlOllS, b'U'15 and (rwilCC$) Witnesseth, tbat 8Qid grantor, for and in cOl1sideration of tbe .um ofTEN AND NOlloo DOLLARS ($10.00) lll\d other good and valuable considel1lliol1s to said gnmlor in band paid by said gfW1lee, the receipt whereofi. heJ'llby acknowledged, bas granted, bargained, and sold to the .lIid gmn1ee, and grnntee's heirs Il/1d assigns forever, the following described land, slluate, lying and being in CoOler County, Florida to-wit: Lots I, 2, 3 and 4, Block G, TRAIL TERRACE, aeeordblg to the Plat theret){, recorded In Plat Book 2, Page 94, Public Records of Collier County, FlorIda, LESS AND EXCEPT the S"Ulh Four (4') feel ofLol4. '.1 ill; I~I ~ ~ , Parcelldentlfieatlon Number: 77412360002n74 1240000tn74 12440003 ' and The Elllt 1/2 Of Lot 19 and All of Lot 20,llloek E, TRAIL TERRACE, according 10 the Plat thereof, recorded In Plat Book 2, Page 94, Public R"""rds of Comer County, FI"rlda. ParcelldentlficaU"n Numberl 77411680000 SubJeet to lues for 2006, and subsequent years; c"venants, condlllons, restrletlon., easements, resewalions and Ilmllatlons of record, If any, Together with all the tenomenls, boredilllmenls and appurtenances thoreto belonging or in anywise appertaining. To Have and to Hold, Iho same in fee .imple forever. And the grantor hereby covcnanlS with said grantee thaI the gl1lnlor ill lawfully seized of said land in fee simple; that the granlor has good righlll/1d lawful authority 10 sell and convey said land; IIlSl tbe grantor hereby fully WlllT8llt8 th.lille to said land and will defend the same againsl the lawful cllliros of all persons whomsoever; and that said land is free of all cncumbnmces. except taxes accruil1g 8ubsequeUllo December 31, 2005. In Witness Whereof, grantor has horeuDto setgralltors hand and seal the dQY and year fi"t above wrillen. , ,........:.:/ ........ ..,..... .......... ............... .................~_. ............ ..~-,._--_....... --.- --- -''-' , .- Agenda Item NO.7 A September 11, 2007 Page 40 of 76 "- ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apolv to every proiect. Hems in bold type arc required. ]. Leglll description of subj ect property or properties (copy o/lengthy description may be attached) Trail Terrace Block E EI2 of Lot ]9 and all onot 20 OR 1491. PG 385 c:...z.-l\.-c;-Z-5 2. Folio (Property ill) Ilumber(s) of above (attach to, or associate with, legal description if more than one) 77411680000 3. Street address or addresses (as applicable, if ab-eady assigned) 1397 Trail TelTace Drive 4. Location map, showing exact location ofprojectJsite ill relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (ffiJP Amendment) o SDPl (3DI' Insubstantial Change) o SIP (Site Improvement Plan) o SIP A (SIP Amendment) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Pennits) lZI Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, ete.) o Other - Describc: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o D D o o D o o PPL (Plans & Plat Review) PSP (Prelimimuy Subdivision Plat) FP (Final Plat) LLA (Lot Line AdjustrQent) BL (Blasting Pennit) ROW (Right-of-Way Permit) EXP (Excavation Permit) VRSFP (Veg. Removal & Site Fill permit) 11. Please Check One: lZI Checklist is to be Faxed Back D Personally Picked Up 12. Applicant Name Sharon Uml>enl1our Phone 947-1144 Fax 947-0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further rcvicw by the Addressing Section. FOR STAFF USE ONLY Primary Number 1'4 '2. z-z. q Address Number \ ct 6.:e-. -T;o,:- Address Number 0 Address Number Approved by ).. .'l\""':'A lIt'\. 6)(tCLN' Date _.,?_=_ \ G -0(., PE_2006-AR-10551 PROJECT #2006050058 DATE: 9126106 KAY DESELEM j2 :~3 34 4 3 9 10 GULl OF MEXICO j~j p, L' r' lfl ;n22 I ro >- " 0: S o <( o '" 27 ,. z <( o <( o no "' z :; ~ ::> n. __----1- _._~ >- , '" . o n. <Y " SOLANA ~ " i>' " << '> << >- 28 -j----- 3" 36 VANDERBILT BEACH ROAD 2 11 12 31 7 Aqenda Item No. 7A epremoer I, ( Page 41 of 76 32 6 5 8 PINE RI' GE ROAO (C.R. '896) 14 1.1 01 << () a: .~Zl-~' i? V> " 24 ~ ::; t.) a' ~ 23 19 26 25 3D GOLDEN GATE PARKWAY :is 36 LOCATION MAP N.T.S. PE-2006-AR-1055J PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM OWNRR/OEVELOPF.R lIesroN!:DIJ'l': Ste ~,"~l ,,~, AlIl ASSOCIA1E\ P, MR. RICHARD H. DEvOE DRJ,Wt< IlY, <A" CIVIl. EI>CltJE!:RS . LAND SURVEYORS. PI.MlNERS DEVOE f' AMtL Y Llt.llTEO APPROVElI: """ 3/lO{J VIA IlEt.. REY PAR1NERSHIP BOllnA SPJllI'iOS. rl.ORIDA :H13.1 106 \'/tlOERNESS ORlvf. JaB CODt~ O\l<K ~ NAPLES, Fl .34105 P~ONE: (2aD) ll4'....-llH ,,"/ll(; CnD) U....-03"I6 SCALE' NTS EIIOIHftRl""emIlrIeAlIB,.IJtlICl."AY10NC811OOS1'1 IDIM'oYIlIOCEll11f1l;4n:orAVfHOllDA1'IllHl.IIOOlI6III y 18 :31 17 20 29 32 o 0: << > W .J ::> o CD z <( '" o ~ o > ~ CD <( 0: << CD a: <( CD << >- Z << V> DEVOE PARKING EXEMPTION IlATE: MAY 2006 LOCATION MAP '0' 1 PARKING EXEMPTION (PE) APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 7 A SeQtember 11, 2007 PE-2006-AR-I0551 Page 42 of 76 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 20 xv Pre-Application meetino notes 20 x V Conceptual Site Plan 24" x 36" 20 x 1/. Site Plan 8 Y, " x 11" 1 x-(./" Narrative Statement (based upon LDC Evaluation x / Criteria) 20 V Warrantv Deed 2 x V Owner/Aaent Affidavit, sianed & sealed 1 x ,I Boundarv Survey, no more than 6 months old (24" x 36") 4 x :/ Electronic copies of all document & Plans 1 x v' Addressina Checklist 2 x J Location Map 2 x V 10-Year Lease Aareement (see LDC 4.05.02.K.2.a) . 2 x Fees: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. cgj $1,500 Public Hearing Application Fee cgj $ 500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees; a new pre-application meeting may be required. cgj $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). cgj $363.00 Legal Advertising Fee for BCe meeting o Property Owner Notification Fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified return receipt maif ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal Information may result in the delay of processing this petition. Agent/Applicant SIGNATURE Date Date: 5 Itf/O(o PE_21106-AR-111551 PRO.JECT #20060501158 PARKING EXEMPTION DATE: 9126106 PRE-APPLICATION MEETING NOTES KAY DESELEM 0-. G------'\<Xl~ {U)J\Oc- <f A~c . 'e...: 6- \ (i) Agenda Item No. 7A September 11, 2007 2800 NORTH HORSESHOE DRIVE"ge 43 of 76 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 .' COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Prolect Name: Applicant Nome: ( Owner Name: ~2~::tZLM,L~ [~ Owner Address:. . Zoning of both traels (2..S r ~tf -c. c - ~ Assigned Planner K~ }vC ' CUI4C,," .City Slate ZIP Submittal Requirements (refer to applicallon for additional requirements) No. of eODies Item ~20 Completed Application Ilf 20 Pre-Application Meeting Notes 1Sa720 Conceptual Site Plan 24" X 36" C5rl Site Plan 8 y," X II" 122120 Narrative Statement (based upon LDC Evaluation Criteria) 'Q 2* Warranty Deed !:Srl* Owner/Agent Affidavit, signed & notarized ~4 Boundary Survey, na more than 6 months old (24" x36") Mil Electronic Copies of all document & Plans 521' 2 Addressing Checklist 5a 2 Location Map !Zl2 1 O-year Lease Agreement (see LDC 4.05.02.K.2.a) o OTHER o OTHER Fees. The following are current; however the fee schedule is subiect to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled In effect when the petition Is accepted by Collier County. l;;::J' $1,500 Public Hearing Application Fee @ $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre- application meeting shall not be credited towards application fees; a new pre-application meeting may be required. 1Xt' $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). 0' $363.00 Legal Advertising Fee for BCC meeting I1a1 Property Owner Notification Fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified return receipt mair ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Parking Exemption Pre-Application Notes Revised 12/01/05 Page 1 of 2 . Agenda Item No. 7A September 11. 2007 '0 t~.J-tL( t '1r I,^\~ CLt,uJil/-'5L&H ,f:; '5d{r.IA)~'t rf.iIlJ~ Assigned Planner: Please check necessary reviewing departments: o Comprehensive Planning o Landscape o Transportation o Environmental 1m' Graphics Parking Exemption Pre-Application Notes Revised 12/01/05 Page 2 of 2 ~ '> Gl Ill: .~ fio'f. J:3 .-':::;1 .~ Z .. ~. .~ ~ r:: >- o e' .!!! "0 @ 11> 5 .5! 'i :s 'jj) _ ..1:1 o 11> - 11> C Gl Gl .. E "0 t "'lJ t:l < a. C1) .0 o ~ w - r:: Gl E a. o ~'i ;!: ~ luo .---Q :e "0 ,\ - LL. a lr' 0.... .~ w oi$ \ ^' !;( t:l) V) Q C '2 o N ~.'.., :S" 0,.''-,---." '$ .' 'i!!!'I" ~. II ....'d::.-, ~;. .~ -':~::'-: .;.....c. "a .~. ~., \/J '~ ~.. 11> E .5! ~ :s M 'jj) g: :1:1 ~ Ill: - ~ N, Z .. < Gl w... .,g :E 0... E <C 0 ::l Zw Z bZ Gl '" Cl C . \ a Vi 0 ~~V'l ..I: pl>.<C 0... !~', Q <:':,:: ;..J'.. < :e ~:,:I;:,: : 11,("" J ..,. i)j t::' '" ,; ~ N ~ !!l co al '" .;; ~ o a '0 f-' LlJ LlJ I Cf) ~ z (9 ~ '" E ~ ~ c: ~ " ~ (9 . 1.la~ 10 UO U~;lUa '-'U1.11t:!ro ,-,u. nl.Il..Jro;,c..;:I.:J.LllCJ ~~~--u~~ ~r~~ ~.A Agenda Item No. 7A September 11. 2007 Page 46 of 76 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will avvlv to everv vroiect. Items in bold type are required. I. Legal description of subject property or properties (copy of lengthy description may be attached) Trail Terrace BlockE E12 of Lot 19 and all oflot20 OR 1491. PG385 Z- z. - lI- <4 - Z-S 2. Folio (Property ill) number{s) of above (attach to, or associate with, legal description if more than one) _77411680000 3. Street address or addresses (as applicable, if already assigned) 1397 Trail TelTace Drive 4. Location map, showing exact location ofprojectfsite in relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SOP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (EtoP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SlPA (SIP Amendment) o SNR (Street Name Change) o VegetationlExotic (Veg. Removal Permits) IZI Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or rlevelopment names proposed for, or already appearing in, condominium documents (if applicable; indicatc whcther proposed or existing) o o o o o o o o PPL (Plans & Plat Revicw) PSP (PreliminalY Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Pennit) ROW (Right-of-Way Pelruit) EXP (Excavation Permit) VRSPP (Veg. Removal & Site Fill Permit) 11. Please Check One: IZI Checklist is to be Faxed Back 0 Personally Picked Up 12. ApplicantName Sharon Umnenhollr Phone 947-1144 Fax 947-0375 13. Signature on Addressing Checklist does not constitute Project andJor Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Numher 1'1 '2.. G.-G. q Address Number \ Ql"Z.:E_ -r,: Address Number {] Address Number Approved by X,l,^ ...~S IV\. s;(<C:l."^ Date '5 - l t" -0(., Details Folio No.II77411680000 M<lll II IIIfIIII Current Ownership Property Addressl11397 TRAIL TERRACE DR Agenda 1!'l"JlJ)lOJ M: I September 'f'f~ ZOUi Page 47 of 76 Owner Namell DEVOE FAM LIMITED PRTNRSHP II Addressesll PO BOX 1098 Cltvll NAPLES II Statell FL II Zlpll 34106. 1098 Legall TRAIL TERRACE BLK E E1/2 OF LOT 19 + ALL OF LOT 20 Section Township Range Acres 22 49 25 0.24 Sub No. II 659700 II TRAIL TERRACE ~ Use Code II 1 II SINGLE FAMILY RESIDENTIAL ~_ M::2~o. '1J Ml!WJJl.ATJ!l! 6 II Strap NO. l 669700 E 194A22 2006 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 295,776.00 II Date I 05 / 2006 Latest Sales History (+) Improved Value I $ 69.670.00 I (1!Il} Market Value I $ 365,446.00 I H SOH Exempt Value $ 0.00 (=) Asses.ed Value I $ 365,446.00 I (-) Homestead and other Exempt Value $ 0.00 Book - Page 1 4Q43 - .2013 II Amount I $ 1,885,000.00 I I (=) Taxeble Value ,I $ 365.446.00 I SOH = "Save Our Homes" exempt value due 10 cap on asseS5ment increases. ~ The lnformalion Is Updated Weekly. http://www.collierappraiser.com/RccordDetail.asp?FolioID=0000077411680000 1011712006 " Book 4043 - rage 2073 Agenda Item No. 7.A. September 11nOO71 ofl . ("age 48 of76 ._ I.; ill; I~I ~ . PE-2006-AR-I0551 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM 3844786 OR: 4043PG~ 2073 RICOlDlD in Or'rCrA~ RICOIDS of COLLIIR ca&rlr, IL OS/25/2001 at 10:55AK OIIGHT I. BROCr, eLltl COl8 1'85000.00 IIC 'II 1'.50 DOC-.70 11115.00 Pn:pared by and return 10; Kathleen C. Passldomo, Esq. J{,Uy, PlI5lldomo, Alba & CRllner, LLP 2390 Tamlaml TraU North Suit, 104 Naples, FL34103 239-261-3453 File Number: DeVoe Will Call No.: 8o-G2483 Retn: KILL! PASSlDOKO If At 2350 fAKIAKI fl I 't04 UPLIS lL 34103 .. __...-rSpaee Abov, Thi, Line For Rccording DalaL-...-. Warranty Deed This Warranty Deed made Ihis ;1; day of .Lt~ 2006 belween Rebeeca Wallace alkJa R.b~a Z. Wallae" a single woman. grantor. and DeVoe FarnU mlled Partnership II, a Florida Umlttd partnership whoso poll office addre.. is P.O. Bnx 1098, Naples, FL 34106. grantee: (WheneY" llSed herdn lbo "'"'" 'gtIlIltoJ" IIlld "srnnloc' include .n Ib, pani.. I. this In9l1ulllen, IIlld lbo heirs, I'gat repl....lIlUV... IIlld ",signs or individuals, and the JUCClIllUOI'3 pnd I1JSjgns ()( corporations. tnIsts and trustees) Witnesseth, that said grantor, for and in consideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) and olher good IlIld valuable considerations 10 said grantor in band paid hy said grantee, the receipt wbereof is hereby acknowtedged, bllS gnulted, bargained, ond sold to the said grantee, and grantee's beirs and Msisns forever, the following desen'bed land, situate, lying and being in Comer Connty. Florida to-wit: Loti I, 2,3 and 4, Block G, TRAIL TERRACE, according to tbe Plat thereof, r~orded In Plat Book 2, Page 94, Public Records ofCoUler County, Florida, LESS AND EXCEPT the Sauth Four (4') feet ofLot 4. Pared Identification Nnmb,r: 774U360002l7741240000In7412440003 and Tbe East 1/2 or Lot 19 and All or Lot 20, Block E, TRAIL TERRACE, according to the Plat thereof, recorded In Plat Book 2, Page 94, Pnbllc Reeords of Comer County, Florida. Parcelldentllleallon Number: 77411680000 Snbject to tases for 20011, and snbsequent years; covenants, condltlonl, restrictions, easements, reservatlonl and limitations of record, If any. Together with all the tenements. h.rediIlUllCl'1s and apput1C1llUlces thereto belonging or in lUlywise appertaining. To Have and to Hold. tbe same in fee simple forever. And the grantor hereby eovenlUl1s wilh aald grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good righl and lawful aulhority to sell and convey said land; that the grantor bereby fuUy warrants the tllIe to said land and will defend the .ame against the lawful claims of all persons whomsoever; and lhat said land is free of all encumbrances. except taxes accruing subsequenllo December 31, 2005. In Witness Whereof. stantor has hereunlo set grantors Mod and s.allhe day and year tint above written. Agenda Item No. 7A September 11. 2007 Page 49 of 76 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers _ Land Surveyors _ Planners _ Landscape Architects MARKW MINOR,P.R NORMAN). TREllILCOCI<, ALCP., P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL). OBLATE, P.E. MICHABL T. HERRERA, P.E. GARY J. GASPERINI, P.E. WIlBON A GARCIA. P.E. D. WAYNE ARNOLD, A.I.C.P. STEPHEN V. BURGESS, P.5.M. . JUAN A. ARAQUE, P.5.M KEITH A STEPHENSON, P.5.M. KBNNETIi W. PAHUTSKI ALAN V. ROSEMAN JEFFREY 5. CURL, ASu., RLA NYWYUE,I'.E. November.3, 2006 Subject: DeVoe Parking Exemption; PE-2006-AR-10551 Dear Property Owner: Please be advised that DeVoe Family limited Partnership II, owner, represented by Sandra Bottcher of Q. Grady Minor and Associates, PA has made a formal application to Collier County to request a parking exemption from the requirements of the zoning regulations as they apply to the following described property: . 1397 Trail Terrace Drive,' located on the northwest corner of 14th Street and Trail Terrace Drive, approximately 500 feet south of Solana Road. It is our intention to ask the County to allow us to use this site for off-site employee parking to serve the auto dealership located east of the property. Please feel free to contact us for any further Information you may require. We are Interested in your feedback and would like to take this opportunity to assure you that our request should not adversely impact your property interests. 6Y '- Sandra Bottcher Project Manager (239) 947-1144 _ FAX (239) 947-0375 _ Web Site: www.gradyminor.com 3800 Via Del Rey _ Bonita Springs, Florida 34134-7569 EB 0005151 _ LB 0005151 _ LC 26000266 I Agenda Item No. 7A I hereby certify that pursuant to Ordinance 2004-72, of the Collier County~tImber 11. 2007 Page 50 of 76 Development Code, I did give notice by mail within 30 days of receipt of notice letter of application sufficiency to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the subject site as well as advisement of the extent and nature of the variance or parking exemption. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance ~~~ State of Florida County ofGellier Le-c TIle foregoing Affidavit of Compliance was acknowledged before me this day of No v'c/vlb OL. .2006 by ~ I( (j j,< ~'71U/ ,3~ who is Eersonally known to me or who has produced as identification. PAAlEI.I\I'\, CASE t.\~ COt.\t.\I8S10N I 0039358\l EXPI~E8: t.\'Y3~L~~"" &anltdinroNOtIl'jP"""" C?~h1,~ (Signature of Notary Public) f}q./1 t:.1J/ J1. C. AS; C (Print name ofNotarv Public) 9~9~-"~a-cap lW'a13I:r~OO18 M 1:10 1:I3dd3dlnO t1.9S 83NA VI:I 9 31:U\f10 3 S31"l'o'r 'S11IW 6Ot>S'--1. ~ U"E: 1=J'S.::n:fVN M83A'tJ lSI~OLI{) 318V'U"NIl3A'f1O ld 3NI1SI8HO 1 S3l8VHO 'III 31avo l ~E:Z"-~(H"{) ld'S3ldVN HQ 30V8ld31lIVld199f:~ ~ N\f11/ 'NO.1. l\r'a (l)09~S ilIlAlIaA'\1 \j\ 9M:r1....ZOlt:rE: 1:f'S31dVN S 3^V H.l'~ 0S1i> '6IB~alJl 1 NA llHVV\1 '!::.Il SSN\r'r '60~"'90~'S 1d'S31dVN '860~ xoe Od dl1 '1'113 A 113>1 % 3Hl 'II d~S8N1.8d O.L 1 W":j 30^3a AlI~^V-09'008-~ WO)-AtS"U"MMM . OOJ:r9"n~~lWl 1~'S3ldVN QA1S 3>lVl SE:lNl}/ 08tlZ o 131:1\r'Ol:lVW ')IlNlO - - ~9EZ"'eo~p& l.:l'S31d'v'N l:!a SONVlHmH at:>E;l V ~~VVI'NWlaOO!) ,I :i OOOl"'90ll'S" l.::I'S3ldVN 860 I X08 Od II dHSHNll:ld a311V'l1l W'tf.:l 30^30 LtH--paOB~ 1V>l'AOIH 1;:10 3N01S111W 09 'D Q3AV>l 'U'VZV (1)09 ~S U'I1ldlNU (l)N9I\V 9Sn 6UI~UI~d 99'~96pnws pue wer Agenda Item No. 7A September 11, 2007 Page 52 of 76 DeVoe Parking Exemption; PE-2006-AR-10551 Project Location Map DEvoE SERVICEI COLLISION CENTER DEVOE ISUZU &: USED CllRS DEVOE 5MB ../ - -"~r -..~ ----~ SITE~ . ~ I .!. :!:i :J: DEVOE SUZUKI - SPERLING COURT - - , I , I I -~ it , N ! ~ I~~ 10 ,lI) 00 I , _-1-__ I , I I ---. '20 \ , I 8 I '" \ ; I ;Z; I : I ~ I z I I I I I I I I Agenda Item NO.7 A September 11, 2007 Page 53 of 76 Timothy J. Dieterle 1386 Highlands Dr #G Naples, FI34103 Kay DeseJem, AICP Principal Planner Collier County Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Subject: DeVoe Exemption Request Dear Kay Deselem: I would like to take a moment of your time to express my agreement the to the proposal submitted By the DeVoe Family Partnership to rezoning for parking exemption in OUt. neighborhood. C. Angel Marks and myself, which co-own a parcel of property directly behind the proposed employee parking lot for the new dealership, would like to express the SUPPOlt for this change in zoning. Weare new owners in the neighborhood, yet have rented this property at 1386 Highlands Dr. for over four years and have found that the DeVoe Group to be courteons and valued neighbors for the entire time. They opcrate a first-rate business with complete consideration for their surrounding neighbors. We were been invited to a planning proposal meeting prior to the petition and have been completely informed to the changes they wish to implement. We feel that their ideas to be both beneficial and considerate to our neighborhood. They are a valued asset to our area and support their plans. We wish that you favorably considered their plans to make our neighborhood a finer place to live. Sincerely, Timothy Dieterle & C. Angel Marks RECEIVED MAR 1 6 2007 ZONING DEPARTMENT . Agenda Item No. 7A September 11, 2007 Page 54 of 76 March 25, 2007 Kay Desellem, AICP Principal Planner Collier County Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Deselem, This letter is in reference to Devoe's proposed parking lot for employees on 14th St. in Naples. As manager of Royal Poinciana Apts on Solana Road, I have no objection to the proposed parking lot. Devoe has always maintained their property in a very professional ma11l1er, they have always had their propel1Y beautifully landscaped and well lit at night. I believe this is an asset to the neighbor hood. If you should need anything fmther from me, please feel free to call me at 263-6119, I will be happy to speak with you. Sincerley, idi./7f.<.L '7Jl..d!L&d.W 7" i:athy J.:;Idliser Manager RECEIVED MAR 2 8 2007 ZONING DEPARTMENT Agenda Item No. 7A September 11, 2007 Page 55 of 76 March 30th, 2007 To Whom It May Concern, My name is Kathy Milliser and I had sent you a letter concerning Mr. Devoe's upcoming project near my address on Solana Road. I would like to rescind that letter. I do not have the authority to be giving permission for such projects. I would like to have my prior letter removed from public records. Thank You, Kathy Milliser jfkd~;W~~ RECEI\/l::D APR p. '~n7 ZONING DEPARTMENT . Agenda Item NO.7 A September 11, 2007 Page 56 of 76 Patricia B. Fox 207 Freedom Blvd. Coatsville. PA 19320-1553 John-David Moss, AICP Principal Planner Collier County Zoning and land Development Review 2800 N. Horseshoe Drive Naples, Fl 34104 Subject: DeYoe Parking Exemption Request - PE-2006-AR-1 0551 Dear Mr. Moss: I would like to take a moment of your time to offer my support for the proposed parking exemption petition submitted by the DeVoe Family Partnership for off-site parking. I currently own property located at 1378 Solana Road, which is adjacent to the existing DeVoe parking area on the southwest corner of Solana Road and 14th Street North and have found the DeYoe Group to be a courteous and valued neighbor. I would ask that you considered their plans and approve the proposed parking exemption petition. ---- Sincerely, a~' 6...;%r Patricia B. Fox." .-.-' RECEIVED APR n 9 2007 ZONING DEPARTMENT Agenda Item No. 7A September 11, 2007 Page 57 of 76 Laurel Y. Sitterly 1251 Solana Road Naples, FL 34103 April 16, 2006 John-David Moss Principal Planner Zoning Dept. Community Development Division 2800 North Horseshoe Drive Naples, FL 34104 RE: PE-2006-AR-1 0551, DeVoe Dear Mr. Moss: I am a resident of Bent Pines Villas and although I will not personally be affected by the parking exemption for 1397 Trail Terrace Drive, I want to object to the use of an undeveloped lot in one of the last affordable neighborhoods in Naples for commercial purposes. There are a lot of very nice, average size, affordable, new homes being built to replace older homes in this neighborhood right now. Besides changing the character of the neighborhood and affecting the neighbors property values, I believe this change will undermine what the city and county are trying to do as far finding space in the city and county for more affordable housing. It will also set a precedent for future changes ill this same location. Thank you for your consideration. Si~~~ Q(il.,,~ Laurel Yan~;~;I~"'-- 1251 Soiana Road Naples, FL 34103 RECEIVEL APR 1 8 2007 ZONING OEPARTMEi,' AgendIlElgenlNrf VA September 11, 2007 Page 58 of 76 __.____________~~______.___'___,.___'_.,,_..__.___..,___..___.._._......".___... _,._._.._.~_,..,__..",_~....,.., .,.,,_.,"'___ .....__.~._.._.._.._.,._,_.~...,_.._.__....~_.~h_..~..___n MossJohndavid From: CLE:bSARGE@aoLcom Sent: Wednesday, April 18, 2007 6:57 PM To: MossJohndavid Subject: re: Devoe Parking Exemption Dear Mr. Moss, I own the property next to the proposed site, a duplex @ 1369 and 1381 Trail Terrace Dr. Mr Devoe contacted me after he purchased the property next door and asked me how I felt about a supposed employee parking lot next to my property and I told him I was totally opposed to It Since then I have been doing some investigating, talking to neighbors and to my tenants and have found out that quite often there have been cars speeding down 14th street with repair tags hanging from the mirror. They have even left skid marks. This is a residential neighborhood!! You give some one an inch on my side of the street and who knows what it will eventuaily turn into in the future!!! I do not want anything but residential next to my propertyll Sometime down the road I may want to tear my duplex down and build something wonderful, possibly 2 story. I am sure the new tenants or owners would not want to look out their window to see a lot of parked cars as well as the noise of the cars constantly pulling In and out!!1 What they do on the other side of 14th is there business but my side is residential and should stay that way. If the property next to me falls to a different usage I can see Mr. Devoe continuing down my side of the street!lI Piease stop this!! Sincerely, Marilyn Janss __,~",__"__,,,,________,__'_~~~M'_"'_~'~'~- _ _ ______.__~.,..~~~_~__,,__...~..~____.....%w. .,,_..,..__..._~.,^, See what's free at AOL.,cQill. \ 6/4/2007 AgendPlilfl!nl NiT: fA September 1'1 ,-2007 Page 59 of 76 MossJohndavid .__.__.._-----.._.--"-"-'-_._--_._..--_.._~.--_.,--_.,.-----...--...- ,.....-.. ..... "-'-'--'-'._~'-'-"'-'." ..- -'--.,--. -.--_._~.__.~.._..,,_.-._--,-,-.,---_.~--,---- From: CLEOBARGE@aol.com Sent: Wednesday, May 02, 20072:58 PM To: MossJohndavid Subject: Re: Devoe Parking Exemption Dear Mr. Moss, I just want to make sure that there is not a hearing which I would need to attend tomorrow, May 3. Mr Devoe has been in yesterday and today with the sob story about how I am hurting his children and grandchildren. i told him the first conversation was fine and the second when he brought me the layout of the parking lot was fine. I am not changing my mind and that now I consider his visits as approaching harrassment! Can't wait until this is over hopefully on June 21st You may call me if you like at 261-7952 work or at home, 261-8093 Sincerely, Marilyn --~--~-_.__._-__~____..__. ...... 'U"_'.~_~_____^._... See what's free at AOLcom. '--_..._.._----~-_...~~...-~--~_._~-------'"--".--.__._".._. ,..--._.~.. -.'" 5/3/2007 ~ Agenda Item No. 7A September 11. 2007 Page 60 of 76 April 25, 2007 Collier County Government Community Deveiopment and Enviromnental Services Division ATTN: John-David Moss, AICP 2800 Horseshoe Dr. NaplesFL 34104 RE: Petition PE-2006-AR-l 0551, Devoe Family Limited Partnership II To whom it May eoncern, I am presently a full time resident of Naples Florida and have resided in this neighborhood for 32 years. I presently own two properties within tlle 500 ft. perimeter of the aforementioncd petitioned property. In response to your letter dated April 13, 2007, I am documenting my opposition to the proposed parking lot. The Devoe Partnership owns several properties in the area, and a strip of commercial propelty along Goodlette Frank Blvd. The proposal to encroach on residential prope11y is unacceptable. This is a sensitive area with a lake nearby. This is a family oriented location. We have had continual problems with Devoe technicians using this area as a test ground for vehicles on our streets. Many years of complaints by neighbors has not changed their policy on using our local roads for these tesl runs. I would like to suggest that Devoe do something worthwhile for this residential community such as creating GREEN space on this property. What we do not need is another blacktop parking lot. A local small park would be a wonderful place for Devoe personnel to enjoy lunch and relaxation. Another suggestion is to build a home for someone who cannot afford to live and work in this community. The home could be given away to a person in necd. There is a parking lot located on the corner of 12'1> St. and Solana Rd., and ample space on ]2th St. along Goodlette for parking. 1 am vehemently opposed to the suggestion of this proposal and hope you will consider the surrounding community rather than pushing the residents aside for your own gain. Sincerely, Veronica M. T ,awson 1296 Sperling Ct. AgendBagfmll'tlf !7 A September 11, 2007 Page 61 of 76 MossJohndavid -~"-~,.,..,......,..~....,..~--.....,_.._.".._.._-,_..._..,-.. ,'.-,-.--., .'.--..........-..-.....+-......-..--.-......-.... From: Janice Anderson [janiceanderson1@comcast.net] Sent: Thursday. May 03. 2007 3:39 PM To: MossJohndavid Subject: Devoe Hello John I attended the meeting on the issue of Devoe' request for a variance for a parking lot at the end of my drive (Trail Terrace Drive). I am against this variance and plan to attend the meeting on June 21st that was postponed today via Devoe, to let the court know that I do not want this variance, There are many residents who are not able to attend this meeting due to vacations, work etc. i currently own 3 lots on Trail Terrace Drive and did not receive proper notice of this request for variance. I saw the sign posted which prompted me to talk with a neighbor, I am not sure how the process works but, can I in June, request a postponement of the meeting until the residents return in November or December? I believe it is wrong to hold court when a considerable amount of players are unavailable. Thank you for your time. Sincerely. Janice Anderson 5/4/2007 . ~/tB1en~ajteni:Jkrjt) 7 -- sfPte\-;;ber f'i~07 Page 62 of 76 __ lD'. Q.oll'tt~,/ lou....--~ Vlo..--M~ CO'\M--~'$~:.. '-/ ~o} -\-0 Ve..-.z.ov'-~ "0 ~ ~('o~~ ~ 0 C. Q./~ lJI...., +- \"3 Cj 7 T v~ l "\.JL.vca...t...L. \) ;(" . ~ ~ Pn 0- '<('<' 0 ~ '0 C) \.1..:) '^ 0 ""'- w \ ~~ .: ........ ':SOe) \~-\-- 0 ~ ~ '^-- ~("() ~ -\') c 3: ..s::-e.e.-\ '3~\("~l'1 a..\:,o........-\: ~ 7D~~~\.A-~ o~ CLv-O~V- r:;oA'~~ l~ ~L-:,0' o \.~~ ~ lCL-o.J...- ~ ~V'..e. ~ ~ L{ ~ ~V" kJ. 0 \. c--\. s S \.k. '" V' (I '""--~ ~ S::> \ ct. v... ~ "Q.. ~ I \..A... V-~-'<- ~ l.-::> " ~ J.. V'-.. 0 ~ -\u ~ 'Z.. 0 "'---"- ~s <rV'c.~~ . ~lL-d ---- ( ~o-..v '-->"-' -~ C9 vCk~ ~ RECEIVED MAY D 8 2007 ZONING DEPARTMENT Agenda Item No. 7A September 11, 2007 Page 63 of 76 May 4, 2007 Collier County Government Community Development and Environmental Services Division Attn: John-David Moss, AICP 2800 Horseshoe Drive Naples, Florida 34104 Re: Petition PE-2006-AR-1 0551. DeVoe Family Limited Partnership II As a property owner in the area of 14th Street and Trail Terrace Drive, I whole-heartedly support the improvements being made to the area by the DeVoe organization. I have driven 14th street several times a day for the last twenty-two years and these new enhancements far exceed what was originally there. Hopefully these improvements and standards of pride and appearance will encourage neighboring property owners to follow suite. This Is a major plus for our area. Respectfully, L~ d "Jack" Lieber 1 ypress Woods Drive 1124 Michigan Avenue 1136 Michigan Avenue RECEIVED ~l,<\y n 0 2007 ZONING DEPARTMENT . Jun 13 07 02:57p Agenda IWIJl No. 7A Septembll'r"1 1, 2007 Page 64 of 76 6. U.2007 Collier County Zoning and Land Development Review' 2800 Horseshoe Dr. Naples, Fl. 34104 AUn: .John-David Moss, AICP Principal Planner Re: DeVoe Parking Exemption Request PE-2006-AR-I0551 I would like to olTer my support to the DeVoe dealership at Solana Rd and 14th St. N., Naples, FL. 34103 I've owned the property at 3900 140. St. N., Naples, FL. for about 15 yrs, I've always found the DeVoe family to be very professional. The DeVoe family certainly takes pride in all the Dealerships as well as all the DeVoe employees. In lots of ways tbe DeVoe Dealership will add security to our neighborhood. Nice lighting, fresh new buildings and a professionally maintained property. Thank you for YOUI' time, ?2:;" ~ ePiIj ~ 3900 14/h St. N. Naples, FL 34103 239-213-4230 Jun 13 07 02:57p Fertilizer Sod Soil Mulch Tools Chemicals Free Delivery Bill Morris Owner Santo Tomaini Chief Operating Officer John Brossard General Manager Bob Cook Manager, lee County Members of Naploo Area c_. of . * Commerce. ~DI' ~ . [, ~. . .. CllAMIlW ex > Florida Nurserymen and Growers Association COLLIER 3930 14th Street N. Naples, FL 34103 (941) 263-8858 Agenda ~!'f'1 No. 7 A SeplembBr 11, 2007 Page 65 of 76 Naples Fertilizer and Garden Centers Champions of Service John-David Moss, AICP Principal Planner Collier County Zoning and Lllnd Development Review 2800 Horseshoe Drive Naples, FL 34104 Re: DeVoe Parking Exemption Request PE-2006-AR-10551 Dear Mr. Moss I would like to take a moment of your time to offer my support and the support of the ownership of Naples Fertilizer & Garden Centers for the proposed parking exemption petition submitted b)' the DeVoe Family Limited Partnership for the off site employee parking. I currently own/operate the Garden Centcr along, witl. tbc Morris family, and call otTer our support for tbe DeVoe family's proposal. Our business is across 14'" Street from the proposed lot and, if developed in this summer, would offer an additional butTer between the comme,'cial side of 14'" Strect and the residential neighborhood on the west. As a business owner/operator, I understand the need to plan for the future growth of our al'ea and the f\ltm'e growth of 0111' business. \Vhen the two can be planned in a manner that is beneficial to bolll interests, then trnly a win-win is the result. I, along with tbe Morris family, would asl, that you cOllsidel' their plans aud approve the proposed parking exemption petition. ~incer Iv . . ,~~.._. --.- Santo Tornaini Chief Operating Officer Naples Fertilizer Garden Centers Fax: (941) 262-5416 e-mail: info@naplesfertilizer.com web: www.naplesfertilizer.com LEE 24591 Production Circle Ex!. Bonita Springs, FL 34135 (941) 992-0992 . 1),\ n. (1) ~~ C,rf) (~ (V0 ~/ r' . 1\-\ ) -> \rC "-.....- Agenda Item No. 7 A September 11 , 2007 Page 66 of 76 I'ETlllot'-l .---..........----:.. ... \\l' lilt, llIHII'I'-;it211r'd ;11'.' Ilflpnscd In lIlt: It'1)}(\S -I h . l' . " I nlil T"''''M'' Prill' "" "". ~'" "1 ' " I.. C( till, :,"g <>1 ;l 1':Il-klllg 1<>1 1!I':"k<l "I 1.1"7 , ..' 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Agenda Item No. 7A September 11. 2007 Page 67 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14'b Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). . \. Agenda Item No. 7A September 11, 2007 Page 68 of 76 PETITION ~ We the undersigned are opposed to the proposed building of a parking lot located ai 1397 Trail Terrace Drive, on the Northwest corner of 14tb Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the De V oe Family Limited Partnership II. ,/') 'J ' '<<L\.:><Ll U.._ \<cc.$,_p, d. J i0'i;0 /;);// 'H' 1 K ,--~, ;4iJ \ ""T\ I ,j-e J"J\I~f.e (1.('h~;Q \(11'1 ") (-"'p:e.f ,"1 . ~'"l-<::" ' DIL, /.1JA~/tJ€:- jv1A11..17t,) D t1 . f:.lL. tie, CJ ~:e\,.)".l~,\CLuI\I'<,"'% Ie"?:] 5/{)Jr( ('7 ;!r-<.Z .'. 1\D'Qe.'f<1v'?n(,'J( /007 S:"h(,'",).J {IV' 1Pv-~ (!i):t,t~I"... SNdl lun Ji'<r!.j Ave Jff:e: '4;i: l~J .'--;l1<!ICil7 J\/ifJfJIf.,f 1/.576 S>pe,.-v.fl'-'6-A!j~, 4f.<<L/'~ '/l/?';M~J lit) KVi?r,,/,,7 15 /1.''''ttJ:;:---Lfl/ ir{;iA'(A~' .:'tv', . - \\y<./~~ . 'tHl /J/i(lili t}1 7J('~;J!* <: 1127 5;:I[ /2 [ fV{ ;-'M a~- #4.7di ~) S;U" (F,- ~,~:~YzV\ . /117 ~)fJ~l~ {i{}{ >\~\.,~ 0 ~_~~1c~~ N ~.~__'~ fL{) ,,j I 1/; 'v'" A 1{1?4!Y I/?J , 1'71t~"'. T~ 'c ,1l/~-- \J2/11J;g: "5 iN(~t1/Le't~,"1 p.;,./ t-IIU!.4C,'f170 /h~ {'- ~ tL--- DATE (ff) (0) ~ (H) '. (11-) I The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachmeni of residential property by a commercial business (parking lot). ADDRESS SlGNA TIJRE \)r. <V ~ A ~ c, '7 r:r~ I )kE- 6: 4 4;t~z / . ... \ C>)~ \\\b~l-..,,\,.iO' 1.1-1<1 50 {(}I~ K_ I /{Y} i ~(.'Jfurj/l? r U' ~ll.K II"; ") 17~t. PETITION Agenda Item I~o. 7 A September 11 , 2007 Page 69 of 76 We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th St,'eet North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Paltnership II. The proposed parking lot is located in a residential area on a rcsidentiallot. We do not want any encroachment of residential propelty by a commercial business (parking lot). f!.R lilT DATE NAME ~ ~AR.IIGr l\ (if) ~, 1J'\AI..L/' I fJ... 0 do ,1/l.<1..d1 1R /1A- . L ./ L . -,L II,{': /I o NUG'~t;1\ 113t Tf"q/.e. (e.Yr?5!C:~ (Jr. 4IP/y?c7J91:i -if'3/. B. .1/\.e:j .:J.AA. :::r A4f\.f..5 t-tflfCi)li,J\nJ. I ~Z7 Sph' \\~j fh.lf l>>Jl fj-e(Ci lWO T?-aIJ ~mM Cf-l) Cor~ L fl1'/JAA> lo'lf /-/,)-/; ("lVi.; 7)/uw . (1.1) f!'lu~~ \:'r'~d IDSi ~,~hl'oJ' ~,,," qo . ..J1LA~Ei (,d~' / () 6 /; #t#;{/ANO S (/+) ~\\\"W' ~\11/fIRo1 I.Oql..,\ h9\r\\uX\\\;S c:k. ([I) RoteA leilh- I DIE *~~la-^'!J-) (}O onqe\(A l12nS\ U2~tI1Q11\Oncl\ (1+) J t A, r-l M,M8-L <; I u ~'s() R A I L 1f:K'1f (j) 'SeW"" _, ~~~d (2./ 2 So !(lAv.(- (.j. ((J I vo..v ~~<tS \:1 J;2t:.1/0hlll.wd<;DV -5 (0 7T 5(J-fLI'~/ I U lj \-1-, y/" /<~.,-,,-vf}' -1)C;J/J_ Cn~l/ -~ /a0<:t Mjql/Jvf p/)r/~ ADDRESS ~ SIGNATURE ?10-/)A~b;; ,~k/ ~'n. F.. / '//-C'-I-6z.r- OEtRP/z.. ,y,IlM.'''' 0~ ~GYM/ ~PAd [l ~ ~'14UU- y>-;z,~ , , . ,k-\~ ~ ~'-U ._~~P'~.....-<- (;;J;hLq:67 ~" pRI:.!\1T NAME J ADDRESS SIGNATUREO t:1A~I'fj,Al ~7T{Z~()tl I/06<~f-eK- l)J(- At~MfAJ1~/1/\ ()~~ .:\.\ Sfl~c.cR 45BG{ Ca\aU 3\J\\ ') J-\f>'6C\ S I N\o\)~ \1..S'b ~ l\r/0 . l7/1) JV\ Mol \~v-"\''lr t'A rAf~'- /~ j~PA V\~ l d ~~ D/c/- f,~;tJx"j,I' ~i#tj ~t) ~tck\~ ~c- \s~,\ ~Jtl~ CGI--Li u~ . ' ,) / (l4) .1!/2/)JiGfJ5 /2IPt~lE7f3 ,jpW-/...JtJb Ll'vl eo Fr!l1t4- T~- J2Z:.s" '.,.(- ,L rJv, (L-I) G'IJ#~/v---- 77 <ft) ?'"~i ;r~-- J ]'7-+ DATE (11) llet) it) Ct\') Agenda Item No.7 A September 11, 2007 Page 70 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). . .>' (-IV.'. '>'.~ ..~-!, -...- ~ // I> ~,---- Agenda Item NO.7 A September 11. 2007 Page 71 of 76 PETITION -- We the undersigned are opposed to the proposed building ofa parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Dri\'f, approximatcly 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroaclunent of residential property by a commercial business (parking lot). . pRINT .. , DA TE NAME ADDRESS @)~~;ftflL ./51;) 5fmLf4' (J~ ('-//Z./6701> W4-NSA-L 312.. 7 1V-?i7~')1 JV__ "- @ G -1;1-0':;--;; eJf5A.. /14t7/ ~19d.s JlIY:.i. :;.V- /1/ . fji !PI/sic 7 ~f.I .. YfFiJ1rEX' . /Og-'? S/G!~I'J6- Ave:- J1. f' /\-\'C/"9Qh j f I (jT) (H) '\)qv;oI Fov-hec2. 1070 ~~ Itv lrA-< 41!-,'d'rf1-:,~,,:-t:._ &G-I) '1Av;l Forha.z.. 16th rHt'cf1'jQn;1-V -f!:lJNC C-r!/ 7.77-91(26 ,/n/D1",Ucl) ?A.vicJ ful-heG-7.- /tJtfb tM;'ctl;f<<J/"'1 .rT-LI ~(t.;/I J?l-"t~~ ~ (flJ 'D:iYi'c{ Fo~~het...2 ICl~J 7 C(PIY'>'S __v.J[)(IS P~~II/~ (,;II 7FJ/II~b I AQenda Item No. 7A September 11, 2007 Page 72 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14'h Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in ~ection 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). 'P1U::'I\1T DATE NAME ADDRESS \ (f\-) 4Jp(o LJ) N If IL.S )(JfY1fffl J L (~:;-IPlf.[)?'-'_ ,h~ -<-;;,p~.7~rs CJ4) 0/i;JE /J/')r;l C 1100 11'(./.vL 78'-.;)(1..- ~ ,C~;;r r il) {' <y 11"'-'" rl 11/1 v <- z.. J Of/! 'IM Ie if';:; e.i- W 0 rJ1f:r. , (~) :~~~~/:'~NE' 1~69 ;;'UL;/eP<1yg... >i~' o An iN!.. (VL&11'f\S I ( (J.5 T/f'-IrL 1'de.K J).t:, (+I) W~ruM)~~{2 blbjo;l~I~J?c. VRe.ve.ccr, l)J...d'~ 3975 lIjt_C1 ;)+tJ.,lf:~ 0'0> hC'\ 08'f..-ter . - . '- \P~'<:,)CCA (A,\.CV~~J JD.5Z .-: . . I (J _ .? j . /1/t)AHk-tJ~ ),)9r~o..l/ 0':N'u; ~ [ ~ [ok ~ 11'1 5' -,c" I. I(Ar'iCe. I }./" /,1 . r- .t ~f\J7'i \DS6'fV\(t..~10t~tJ_.k I~t- . ~ _k1.j,li I J~\I,0't.s~\?,>;:f-3 j\/\IJrU'Y'1 r'hc 1:-; 'i--,iJ(A/~'L-"~..? /~l ..' ;1:\ ,. ji . J L " y"",,'l) 10.. Lv I ~'S \ 'S ')<, / ~ I /..-V\ 'r' ~ ItV..'- . [..G.t-C 'fi :~ 'U A-I A:t /J i ')[( t(vt \ d:7 Q VY\(&V{Io"'''- 'liU/))!l-. fYe()~~ . ., SIGNATURE (~) CWl ....... I. f If) , ltl) Agenda Item No. 7A September 11, 2007 Page 73 of 76 PETITION We the undersigned are opposed to the proposed building ofa parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroaclunent of residential property by a commercial business (parking lot). PR TNT , DATE NAME I I ~A f-f5/t/ (j-i) '(<I c.k l,r~, ~k- J '2 H~ it I L.k-;uM (W9~/j!?ns ~~~/?2;OlU'~'1d~~'?~f/ ! (f,; /1t1 .' /'1':72 ,'L "<? I "")C'-;:{ V !/ 1 (' W Ff"Xil1 ./ \, (f1\l\I"\lil)6/~A' /J<r.e? .-!.3L12.jJJeJ?IJ124,4n.e lJ) [i 10:;> f-YA'v (A<"> 1'15 i/l i 2. (", ~o 1M ,.( ~~; 1<-" r.r J(_ ~ & I" I 0 ') 0 (( !PIAl 0 r!-'(i (J J~, !/l1 /(. (I! G /( ~l..-._ (jj) -to'1I' C,,:,IIVl.-i (";;>I~ l1'lA(hA-t/Jh (I.O..L QO kJ f.v'-(wlt. lu,'::rcf...f'/' I :k5 ( }V1 GOil(; I""" M /-1- r '\' -1J../~ 51~J'\, $,'j\") _JJ2'-\ (/IlL I}...... 4l--f?' /f.:,1/J-;.:'<?-'/ hi) /' ./. -...~..-_.':;:::-;,~.., Lli /..-J:-::;/ l./l71/.rlfff //c.~g /1;1/{)/6/!l/'c;/~,,"'r--/' r: \7:["11\ f3 f' .O't C!--...- / () 7(/ M .'6ft::fl() I'l AV('~j/I*P;;f (jI-)~ 'DAWN LEE ,lObS ,^,cH i "AN AvE ~. Of) ,g p1) el06 cL? l b J.,~~~~, (1:H'"d?_ - -7 ~~.. . (jI-) 11"1 01 ~;;W liD A, n WI ill . 1M" AJ/ ,,"hitF"" Ave ati(17vdu'. ~\) \\~~o(~ J~rtv.l:S()LU-SJ' \'1 __~ U L~vf... j.?-,~I.-J I ! ~ ADDRESS ?]'.....~~~~ .......... /" '" . Agenda Item No. 7A September 11, 2007 Page 74 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, TO\\oTIship49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). PRINT 1:2.3'1 :SOLR AJ A 'KD. #-1 SIGNATURE ];75. V~aL~.u _..NI\(U \ ' J Vt)(;vJ /~/~ ~, ) .t., ADDRESS OATE 5/3 (ti) '])IW (1) I-J tj,jj)MAJ\J !5)3 Q\) ~\-'PI\\ ^) O~'\'f i\) \;:;;-0 ~,LJ.1N-\\ ?) 0/9/01 r51f~YL fI/LBiJd P37 ~tJ0,if11 Ict!ffl1; -J~'o'D7 /l1/4I!V;;//~;J6PIJj;;R. I.:;;~o onLANA k?D , - 5!1fc, 7 r r. I! '17 ;;'!<<l1cul L1' IS-) ~l 01\- \;v\ 1 kV'( ".'J:e/ \~ Lf) S<::> U{ \" '\ Y ~ 4~) 07 '~~-l-'~~Kk \ 2.\..~<:::, So( " \~~ . 5151OJ.5~fi/M f\ \~lSf.U[J~A \'d,~q SO\Ctnc.L :;,1 J .,,101 ''''~00:.C'''''(~ ~'0-c. -:::.",,----..,A2': \c..io '> "'::>~"_'U= , r. ( ~-7 . ';;('0 ,..7, .. 0 /'J-.:- . ,~. 01(-H) .. Itr"- --: !J;)Y\I_!. j:1~ ,"" . t . '/..- ',i! -IV . ~~\~, Qf) ~~~ ~7f{) 6hA:, ~;; &h/o7@~t~ /,)]0 5JJy 1?~~Jh-l/J'{tJ r (./!~')#;.f?~:s=Apo/,.Jo /~~1Z~f4 lo;t~. ~ /;h( () 7 Jjt;il/Pi ffr;;f~rf!, ILK-j;J~aii?~r.iE.. 0. 6/1101 GJ~I~OW--- jJ60 sl.aJy Pd-IMW'/- -'~V'fl)2aIl_~~1t1 12~~-X7"f,~ ~; i:b }bl NAME Agenda Item NO.7 A September 11. 2007 Page 75 of 76 PETITION .. We the undersigned are opposed to the proposed building of a parking lot located at1397 Trail Terrace Drive, on the Northwest corner of 14'h Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). PRr:NT ---.., DA TE NAME 5/3/0 1(j )~ n,'c<, _ ~r-Jers)n ~-7~(J7Q!-) 5coT oJJ11~v1 <S~JY'/o-l}) j..{)LJ/SE. (Yr:.~ILlG'nTT (if) J', F v To CJi) 9~ve- ~ct-chJ,.i-- 10"Y1 -((ZQtL 16(-{L. ;:.l 'PvtkiJ.-. ,!1 sl1017 Illi'/h' n 41"""" /&O? 7>0 i lil~ffv J), ~){;,"!zr r;j't...dfo 7 M\tk~ ()iAVCh\C.!.,C i./{) 7 'l '7rt'. j '/ h R~ !~'2JJ, ~ '..tf) "I""'W\ \! "' "- ~"""/ uJ Q . S' w\'( A,,-~ ""I., . ~ (llf:\ 'I'i ''-;-\'' 'Y " , C' ,. 1\ )s/(!,~dJ d:J:;Jr;~r /(}Om-4rh,~ """Ilk; ~72i(}7 cJOH;U (jlJ, (~~ f)j;T;- rltd/M/ill ~k 3 J ~ 2/o?- '-'10..1';, 0. ISQb~)(l. 39;) 9'2_'J..Ib... 8 j.) +/OL!. t~ G9 /,1'\1.01 ~ . ., , ,I .~_ 3:, ,\11...,'-,_.,._._ It .i <19 "''' \. ,; <: il \'" \0<1<') \,:>">, c., S. \~ (hoL,'" e < I \.z'.nr' ~'trI" '--- 1 \ d ~ (q 61~! -A\..1,,\J(~ (n2f:-1OW fd,--f' 110-, (~ 'So jliM PAib'j , I - 7--:--, .H lt~\bl - ~~oI}JL~~I"\ L)~~"" Ed/ I> !. ,,/,1, I,l"I'Qi{I"I7L"dN d ,[ ["'k ,2" ,O'U;h_. K/);, , ",_~Lro'L" ADDRESS .', I ~. ~?71f- ~ - ---..~ ;303 1(<\.'. I lar4c~0,. /o7!3 ! /'a" 1~(r1I1t' UIf. Jeff; IliI-l,L -Z;;;eR..---1l f!, / LJ .2 5 I iZ. /G, 1'< r.( 14, -(jJ) . .,; o. ._ U U .. "'~ _0 Ow . . . 5u V ':0. .0 00 . w 0 Q..c o U ::;. o ]). ';:: 0 :00 0._ .0. 02 C ID 0. .- .c "501 .~ c 01:;::; 00 g.~ ow .c "' u-o . <:. '-.0 U. ,_. :J L 0 2ID .~ >. ;r:- c "' J ~ 0 >-'-' I I I I I I I I I I DC W I f- a I I I I I I I I I C) z z a N z a Ul -> W DC '---.- i~ Ul <l: -' Y'~M .~~t\.&fo"LJ..k.o ~M. Agenda Item No. 7A sept~~.14 ~007 t,~f76 ~~~ t ""to s: -"1>\ \ \ \ \ ...L- lU{ ~ w ~ . < z Sol ct~Oy/ I ['>. 122-----11' ~,q'" 12 , "i', I ~:~~I, ,y-,I6 I ~ HIGHI ANns DRIVE ~7 I :' ';\ I '2 I ,,1/ 'I'" , l>,J & 2" ~ ti I, 8 9 10111 IJ ~11L,1 F :I'" 5 0 f71 I III + I' ,\' J" 5 ~ 7 6ul:lrolll /13141,51 \5"T J" S 6 i 2 -I 0' 7 <5 1 C I 16;;:. 1 .1- J -\~, Z 12 L__l i l- ae. ; TR^IL TERRACE DRIVE ~ -l @161, ~ ,I '1J"J ....'1...'0 \6' . Jl" S 017 I ;l -I" ~11. VI 'I:: J " 5\~'" 9'~' 111213 I.Ill> I i ~ ~ 2 J" 5'7>> I/lOHaI3141':' 614 L I C..4 5 ~ 1 8 ,16 llir-'"l r1' ~ i (A) SPERLING, YEbE 6~ III II ~ ~ \ i v1 II 5J ~r; .,IF.. lU ./ I', ~ . \;1. J "I 7 8 9 10 11 ~ 1 I .l~ I lli i'~ ':"':" @' "",,,IItl~c I 70 -.J , , ,', rI~,'"" ",,,~JJ ' , 1 2 :3 " :l 6 7 II 9 III p ,- 23'41& 6 7 e , 911if ,12:T r" '1& I:~:' 8 -' ~ 1 1 c Lr1ft .,.t:' -- ,.- 1!1 9~Clll)~: \415167 It) 7 B 9~ III 1415'1617 "I '~ E I 13 . " I I :ili'J- I '/~~" .1.. ~ ' II ~ to 1~ lJ 14 It. III 11 \8119 :w ~ , \1 I I 0 :; #' 7~ sPR NGCO~' J \:j ~ 1/ "\_~ ,<t y I' PIn<" Q , ? ~- !Q I '6 g -T~~I\J 4 1 1617 6 I ~ 1 t nl\f.1 " ~ "----r It . J,_~~_ ::1:.' "I=----'o^' , ~ +1 'I ':1' , 4 ,I,' i, 1 Iv'ICHIGAN AVENUE " ;:,',i' , V 3~, 6 7 ~ II 10 11 U 14 1 16171619 11 12 \U H 151lt; r.:\ \8 19 :Ill 21122 \ 0J 2J \ n , I \ CYPRESS WOODS DRIVE +-1~, . 10 , -, ~ ~ D i [, . ,"' ! ~ I ~ i (5) I @ () ,.Il ;r..~ ~ '"""~ H , " ST/w.21" C-1/P' STIW-315 @ CUll " " , C-S XO 171JI , , , HOLL YGA 0 I' , ~ 0 " Z I 25 ~4 2 I 1 J ~ 0 ! , L. \ \ -I,@\ ... ~2 " 4~' 41 40 39 311;17 36 J5 34 JJ 32 31 30 28 28 5W~~~.'OI1l !21~1~. ' , , "~ j' . LANE 72 ......... HEMINGWAY PLACE ............... I B I 1:~~ tt F+6 31101 cdl2 I ~I'" 2~ 23 22 :.r. :zo III 111 17 1611~A"'.!I ~ 17 " 1<1- 15 \6 11116 19 20 --[:.-:.. 6 7 61~, 10 \1 12 #' 14 15 :r:: '2 J 14 !i I ~ I 8111 ~11 12 J \4.11' 17 16 \ 20 ~ C$) ~- ,13 16 ~rr-----, I l ~ fl-'~"'l \6 \10 ~1[Jll j?L ~ 1J I fH.Af';K WHITEMAN I BOULEVARD t;j G 'I ~ -r ,\ ~ 1/ II ;;r ~ . rE~'(l \6 tf) I f 10" \ 20\:; 3~1 6711 g 111,12h:-'!14,b, F ',l,. '156 1 ,!_'!..Jt~1_1_2\;I.l~11516.71~, f iE------!5-\..! ~ 6 1 II " II> 1\ ~ 14 II> 1& 11 18 \9V20 21 22 2Jl2~ Z a: ~ 12 ~ \3 ....,..I'F~'4..~ 26 27 ~ 2<1 -- f'\;"".-r' t) 2~ ~~ o " , , t_ , - 43 l- -3--:: ~2 4\ 40"9,3g 37 35 J~ :u JJ 32 ~ i ~ I O1',i ra-j ;: i vi ! c; I i i f%- @ " " 2625 lRACT r mI\CTB_J I~ i ~'.~11k", IT m "I' G-4 . '\ I ~:I I 1 " COOPER DRIVE ,JJJ\" , " " ., 411 ~.5 44 52 M 50 49, " , , I _._._._._,_._._._._._INDiCA TES CiTY LIMiTS ______________INDICATES SPECiAL TREATMENT OVERLAY INDiCA TES CORRIDOR MANAGEMENT OVERLAY (330' OFFSET FROM R!W LINE) , ~ ~. ~~g IV!:! ~~8 ;;;7...0 J,il7'7 ""cO>:>- ~ J.~!"'~l :'.30 ~~::: o J,!'f~~~~ ~ nl6~~~ c ~:i' ~ "' ~ ~~~; ~;~;!t .....,~.. I , r~~~~t ~t., ;;'f~5~ .!.,!.,!,~J,-..!" ZZ~~~I: DiSTRICT , SUBDIVISION INDEX '0. "'" I'.B. e,. '0. HIIl.!E P.S. e,. , 1I,I,lJII.)([ . " " , C\'1'RESSYlDODS/:STATESPlATi2 . " " , DECl(fRHlllHlAADS , ., " , NIIPU;S WPRO~Etil ~O'5- UT'lI.f. FAII~S , , " , NORTH NAPLES HIGHLA~OS , " " , sPERL\~jCS. SUBDI\I:~ON UNIT I . " " , mAlL lUlAA<;( , " " . OM KtlotLmm', , " " , c,o,RIeE: WOOOS , " " " l-'El.l'NGW^Y PL^C<. JQ 2~-~J " ---- -':'fc EXECUTIVE SUMMARY Agenda Item No. SA September 11 , 2007 Page 1 of 9 Recommend Adoption of an Ordinance of Collier County, Florida, Amending the Collier County Noise Ordinance, Ordinance Number 90-17, as Amended; Changing Six Definitions; Clarifying Two Exceptions; Deleting References to ASA and ANSI Standards; Authorizing Regulation of Two Types of Noise Without use of Testing Equipment Except when such Noise Is Commonly Emitted from a Permitted Business, Profession or Occupation; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; Providing the Effective Date. OBJECTIVE: To amend Collier County's Noise Control Ordinance to authorize enforcement of noise violations without use of testing equipment provided the noise is clearly and unreasonably loud, or is clearly a nuisance, at only specified noise sensitive sites. CONSIDERATIONS: This proposed amendment is recommended in response to instructions from the Board of County Commissioners at its June 26, 2007 meeting, public petition item 6.B. relating to ATV noise on neighbor's property. The Noise Control Ordinance currently requires that all noise violations be tested by testing equipment. The scope of these amendments is very limited. This proposed amendment authorizes enforcement of these noise violations without use of testing equipment ___ provided the noise is clearly and unreasonably loud, or is clearly a nuisance, at only specified especially noise sensitive sites, and such noise is caused by domesticated animals; by a device designed to produce, reproduce or amplify noise; or by a vehicle (which includes ATVs) , or by such device on or from a vehicle, when not on a road. However, all noise violations must be tested if the source of the noise is a lawful business, profession or occupation and the type of noise is commonly emitted from that type of business, occupation or profession during normal hours of operation. Because noise from vehicles when on a road can be enforced only by law enforcement officers, vehicle-related noise violations at such locations have always been, and remain, exempted from the Ordinance. Finally, at staff's request this ordinance amendment deletes references to ASA and ANSI standards that have not been utilized by staff and are not necessary. FISCAL IMPACT: Code Enforcement staff believes that authorizing enforcement of these violations without testing equipment will result in more noise complaints and, therefore, will require employment of one-half of one full time employee (a cost increase of $65,000). GROWTH MANAGEMENT IMPACT: There is no growth management impact related to amending this Ordinance. RECOMMENDATION: That the Board of County Commissioners adopt the attached ordinance amendment and direct the Board's Chairman to sign same. Prepared by: Thomas C. Palmer, Assistant County Attorney Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. BA September 11, 2007 Page2of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A Recommend Adoption of an Ordinance of Collier County, Florida. Amending the Collier County Noise Ordinance, Ordinance Number 90-17 as Amended Changing Six Definitions; Clarifying Two Exceptions: Deleting References to ASA and ANSI StandardS: Authorizing Regulation of Two Types of Noise VVHhout use of Testing Equipment Except when such NOI&e Is Commonly Emitted from a Permitted Busines&, Profession or Occupation, Providing lor Conflict and SeverabiliTy: ProvTding for Irlclusion in the Code of Laws and Ordinances Providing the Effec!iveDate 9/11/20078 00:00AM LeglllAssistarrt Data Prepllred By Kay Nail, CLA County Attorney County Attorney Office 8/2BI200711:47;36AM Deborah D.Allen Legal Office Administrator Date Approved By County Attorney County Attorney Oflica 8128120073:53 PM DllVid C. Weigel County Attomey Date Approved By County Atlorney County Attorney Office 612e120073:57PM Approved By OMBCoordinator AdministrativeServkes AppiicationsAnalyst Date InlomlabonTechnoTogy 8/2912007 Sc29AM Management & Budget Director Date Approved By Michael5mykowski County Manager's Office Office of Management & Budget 8J29120079:04AM James V Mudd County Manager Date Approved By Board of County Commis:;ioners County Manage(s Office 6/291200711:J2AM filr-'/Ir'\Aor-ntirar-<l.t\p.,mnrt\RR.""ntr-rnh"rOln?011 % ?O?OO7\OR o/^?OA T)\/'FRTTSFT)o;.."nPT TR Q/.:;/1007 ORDINANCE NO. 2007- Agenda Item No. 8A September 11, 2007 Page 3 of 9 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY NOISE ORDINANCE, ORDINANCE NUMBER 90-17, AS AMENDED; CHANGING SIX DEFINITIONS; CLARIFYING TWO EXCEPTIONS; DELETING REFERENCES TO ASA AND ANSI STANDARDS; AUTHORIZtNG REGULATION OF TWO TYPES OF NOISE WITHOUT USE OF TESTING EQUIPMENT EXCEPT WHEN SUCH NOISE IS COMMONLY EMITTED FROM A PERMITTED BUSINESS, PROFESSION OR OCCUPATION; PROVIDING FOR CONFLICT AND SEVERABiliTY; PROVIDING FOR tNCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING THE EFFECTIVE DATE. WHEREAS, noise that is unreasonably loud, raucous or jarring (ciearly annoying or clearly disturbing to any individual of normal sensibilities at a specified noise sensitive site) or is a nuisance (without reasonable justification is unreasonably interfering with the peace and quiet of any individual of normal sensibiiities at a specified noise sensitive site) is appropriate for regulation by ordinance without use of noise testing equipment provided such noise is caused by a domesticated animal, or by any device designed to produce, reproduce or amplify sound, such as, for example, horn, siren, radio, musical instrument or loudspeaker, or is caused by any vehicle (or such device on any vehicle) when not on a road; and WHEREAS, Supreme Court of the United States opinions including Grayned v. City of Rockford, 408 U.S. 104 (1972), Cameron v. Johnson, 390 U.S. 611 (1968) and Kovacs v. Cooper. 336 U.S. 77 (1949); Federal Appellate Court opinions inciuding Reeves V. McConn, 631. F.2d 377 (5th Cir. 1980); and Fiorida Courts of Appeals opinions including Easy Way v. Lee County. 674 So.2d 863 (Fla. 20d DCA 1990). hoid that iocal governments can re9ulate certain classes of noise without use of testing equipment jf such regulations do not delegate undue enforcement discretion to enforcement officers, do not regulate more noise than is necessary to serve the governmental interest, and such regulation is not preempted to exclusive enforcement jurisdiction by the state or federal government; and WHEREAS, Collier County's Noise Ordinance currently requires that ali noise violations of this Ordinance must be enforced by use of testing equipment; and WHEREAS, this amending ordinance authorizes regulation of these two (2) special classes of noise without use of testing equipment because each such class of noise is basically and fundamentaliy incompatible with customary activities and invades rights of individuals of ordinary sensibilities at these especially noise sensitive sites; and WHEREAS, this ordinance provides that all noise. including these two (2) special classes of noise, must be tested by decibel level testing equipment provided the offending noise is a type commonly emitted from such type of lawfui business, profession or occupation during its normal business hours; and .. Agenda Item No. 8A September 11. 2007 WHEREAS. regulation of all of these off road noises is not preempted to Page 4 of 9 exclusive enforcement by state or federal agencies; and WHEREAS. this Ordinance deletes references to ASA and ANSI Standards because such standards have not been used by staff and are not required. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section 54-82 in the Code of Laws and Ordinances of Collier County. Florida, is hereby amended to read as follows: Sec. 54-82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section. except where the context clearly indicates a different meaning: Agricultural zone means any geographic area designated for agricultural activities by the zoning authority having jurisdiction over such area. Ambient noise means the all encompassing noise associated with a given environment, being usually a composite of sound from many sources near and far. Amplified sound means use of a public address system, loudspeaker. amplifier or any other device which electronically augments the volume of sound. A-weighted level (dBA) means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Commercial zone means any geographic area designated for commercial or professional activities by the zoning authority having jurisdiction over such area. Community event means any cultural. sporting, historical or traditional observance, holidays and ceremonies. parades and concerts open to the public. including events operated for profit or for which admission is charged. Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or on any public or private right-of-way, structures. utilities or similar property. Continuous noise means a noise, which remains essentially constant in level during the period of observation. County code enforcement department means the designated authority charged with administration of this article and enforcement in addition to enforcement by the county sheriffs office. Decibel (dB) means a unit for describing the amplitude of sound. equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter. Decibel measurements start from the common loaarithm (base 10) and measure the oressure. strenath and maanitude (loudness) of a sound ranaina from 0, the threshold of audibilrtv of the normal human ear. to above 120 dB, the threshold of ear pain. The hioher the decibels, the louder the sound. Emergency means an occurrence or set of circumstances involving actual or imminent physical trauma or property damage. which demands immediate action. Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Hertz (Hz) is a measurement of the frequencv of sound waves. Each hertz eauals one cvcle oer second. The hearina ranae of the normal human ear is between 20 Hz to 20 000 Hz (cvcles per second\. The hioher the number of hertz (freouencv), the hioher the pitch of the sound. Impulsive sound means a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. 2 Words Underlined are added; Words gtruek 'fl:1.roagA. are deleted. Agenda Item No. SA September 11. 2007 Industrial zone means an industrial zone is any geographic area designated for Page 5 of 9 industrial or manufacturing activities by the zoning authority having jurisdiction over such area. Intermittent noise means a noise whose sound pressure level exceeds the ambient noise level at either reguiar or irregular intervals. Motor vehicle means any self-orooelled vehicle not ooerated uPon rails or auidewav. but not includina any bicvcle, motorized scooter. electric cersonal assistance mobility device. or mooed. Manv vehicles are not motor vehicles. Noise means any sound which annoys or disturbs humans or causes or tends to cause an adverse psychological effect on humans. Nei.e ~i.I"r-9aR6G "'eaR. ORe ~o'son er a ~'O"~ ef leu~, harsh, nonRar",enio"s .O"R~S or "i"'rations that arG "n~IGasant aR~ irritatiR~ to Ihe ear "'AicR is or may be haFmful er injyria"c to IRe RealtA or v'~llare of a reasonable ~er..en with nOFmal sensiti"itiec er "nreasona"'ly intoFfer"s with tAG oRjel'ment of lile, ~ro~eF!y or ol:ltEiser rosreation. Noise level means the sound pressure level as measured in dBA unless otherwise specified. A measurement of noise must be at least five dB above the ambient noise level. Nonenclosed area means any area or structure that is not totally enclosed with a continuous roof, floor and walls constructed using rigid structural building materials. Person means any individual natural person, public or private corporation, firm, association. joint venture, partnership. or any other entity whatsoever or any combination of such, jointly and severally. Person shall include any owner, agent, or employee of a business establishment or other entity. Property boundary means the legal boundary of real property. In the case of multiple family structures. the property boundary for purposes of this article shall be the balcony, porch or interior of the complainant's unit. Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if Ihe one-third octave band sound pressure level in the band wrth the tone exceeds arithmetic value of the sound pressure levels of the two contiguous one- third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. Real propBrty line means an imaginary line along the ground surface. and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding inlrabuilding reai property divisions. Residential zone means a residential zone is any geographic area designated for single or multifamily dwelling by the zoning authority having iurisdiction over such area. RMS sound pressure means the square root of the time averaged square of the sound pressure, denoted Prms. Road means the entire width between the boundary lines of every way or place of whatever nature when any Dart thereof is ooen to public use for vehicular traffic. and everv private wav or private place over which the Sheriffs Office has traffic control iurisdiction under a Section 316.006(3)(b). Florida Statutes. traffic control aareement. Sheriff's office means the county sheriffs office. Sound means an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration. intensity and frequency. Sound level meter means an instrument to measure the sound pressure level of relatively continuous and broadband noises. The sound level meter used to determine compliance with this article shall meet or exceed the requirements for type 2 sound levei meter in accordance with ANSI standard S1 A. Sound pressure level means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10- 6 N/m 2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Vehicle. which also includes aU motor vehicles, means every device in. uoon, or bv which any individual or propertv is or may be transported or drawn upon a 3 Words Underlined are added; Words StrHd: Thrsli;h are deleted. . hiahwav (exceptina devices used exclusivelv upon stationary rails or tracks), indudine auto'!'obile. commercial motor vehicle. truck. tandem trailer truck. trailer. semi-trailer bus. motorcvcle. tractor, farm labor vehide. all-terrain vehicle. two~nder ail-terrain vehIcle. mooed. maxI-cube vehicle. motorized scooter. motorized bike. or bicvcle etc., whether movina or stationary. Agenda Item No. SA September 11. 2007 Page 6 of 9 SECTtON TWO: Subsection (b) in Section 54-85 in the Code of Laws and Ordinances of Collier County, Florida, is amended to read as follows: Sec. 54-85. Findings and purpose. (a) The board of county commissioners finds and determines that noise level emissions in excess of the requirements established in this article are potentially harmful and injurious to the public health, safety and welfare. and unreasonably interfere with the enjoyment of life and property in the county. (b) It is therefore the purpose of this artide to eliminate. regulate or restrict sources and occurrences of amplified sound or noise at decibel levels or frequencies and intensities which are contrary to the public welfare. constitute a nuisance to the pUblic at large and degrade the quality of life. It ie solerm/Aes ~y tho t;HJ3rd tl:1:J! 8)(secsi'le FIsico oro3teEf 8~' tho amplifis3tion Elf sel:Jnd oman:Jting from nClReFlsle&ed aro:JE: Sl:Jsh :Ie: ohislme hub:, screened portAGE> and tho like 'N"8" locales in Gamm8rsial ar t8urist use acoupancies or zones wit"iA 1.000 feet af a rociGontial uce accupaAsy or zeFl9 is dicrufltivo to the 1.::Ieo ::mEf eAjoymont of ou8" reoisential praperty. It is declared that the provisions and prohibitions hereinafter contained and enacted are for the purpose of securing and promoting public health, comfort. convenience, safety and welfare, and the peace and quiet of the county and the inhabitants therein. SECTION THREE: Subsections (9) and (10) in Section 54-87 of the Code of Laws and Ordinances of Collier County. Florida. ("Exceptions" from application of this Artide) is amended to read as follows: (9) Statutory Vehide Related Noise Violations. Motor vehicle noise prohibited bv Section 316.296. F.S.. (excessive or unusual noise from motor vehide exhaust system). or bv Section 316.294. F.S. (maximum motor vehide decibel levels measured bv testina eauioment). or anv vehicle noise orohibited bv anv other Florida Statute. shall not be enforced bv code enforcement officers. T"~se rAa!or ',e"iolos 08Atroll"s by F.S. i>eotioA 316.2G3, as rAal' 9" arAondod. Sblt PRet tReea FAotor v6Fiislec 8Homptea fmm that coverage. (10) Molor vohiGie" S"fiAeS iA F.K i>ecli8A 311;.293(1)(a) aAd (9). Noise that violates this Article emitted from a vehicle (includino motor vehicle) when on a road. or emitted from a noise producino device related to a vehicle when on a road. shall not be enforced bv code enforcement officers. These violations when off road can be enforced bv code enforcement officers or bv the Sheriffs Office. includina without noise testina bv apolvina Section 54-93. narrowlv construed. SECTION FOUR: Subsections (a)(5). (b)(1) and (b)(2) in Section 54-92 of the Code of Laws and Ordinances of Collier County, Florida. are amended as follows: 54-92. Maximum permissible sound levels. (a) Classification or use occupancy. For the purposes of defining "use occupancy" in the article. the following classifications shall apply. . .. (5) Nursing homes. hospitals. hospices. public or private schools including college or university, libraries in use aM churche~ in use and courts in session HSe& shall be considered residential uses. .. . (b) Maximum permissible sound and vibration levels by zoning classification or use occupancy. 4 Words Underlined are added; Words 8kue1: TlHeugn. are deleted. Agenda Item No. SA September 11, 2007 (1) No sound tested bv eouioment shall violate any sound standard provision of Page 7 of 9 this article unless the offending sound exceeds the then existing ambient sound level by at least five dBA for Table I. or five decibels unweighted for Table II. at the sound-affected site or unit The board. by resolution(s), after pubic hearing thereon. may make. adopt, amend and repeal rules and administrative orders to implement. administer and enforce this article. No person shall operate, or cause or suffer to be operated any source of sound from any use occupancy in such a manner as to create a sound level, after applicable character of sound adjustments, If any. which exceeds the limits set forth for the use occupancy category in Table 1 or Table II, for any minimum part of any measurement period, which measurement period shall not be less than 60 seconds. Sounds that are tested should be measured at or beyond the property boundary line of the site or unit from which the sound emanates at any sound-affected site(s) or unit(s) that the tester deems to be most appropriate. and which should usually be at a distance greater than 50 feet from the sound source unless there is valid reason for testing at a closer distance. "Real property line (or boundary)" means an imaginary line along the ground surface. and its vertical extension, which separates real property owned by one owner from real property owned by another owner. but does not include intra-building divisions. Test equipment shall be placed at a height at least three feet above the ground and at least four and one-half feet away from walls. barriers. obstructions and any other sound- refiecting surfaces that might destroy the validity of the test measurements. Wind barriers should be used when appropriate. If the investigation is based upon a complaint, the testing equipment should be located as close as possible to the sound-affected site or unit from which the complaint originated. All times are standard or daylight savings as applicable. The standard(s) to be applied shall be the standard(s) and/or table(s) that result in the lowest sound level(s) that violate this article. Equipment testing shall include octave band analysis. An "octave band" is a range of sound frequencies divided Into nine octave bands to classify sounds according to pitch (frequency). If the measured difference between the applicable ambient sounds and the pOGsIsly alleoed violating sound levels is five dBA or unweighted decibels, each possibly alleoed violating sound level shall be reduced by two dBA or unweighted decibels. If the measured difference is six to eight dBA or unweighted decibels. the peselsly alleoed violating sound level readings shall be reduced by one dBA or unweighted decibel. If such measured difference is nine or more dBA or unweighted decibels, the possibly violating sound reading should not be adjusted based upon the difference. No person shall hinder. obstruct. delay. resist. prevent in any way. interfere with, or attempt to interfere with any authorized person while he or she is in the performance of duties pursuant to this article. [TABLE I is omitted but is not affected by this Amending Ordinance] (2) Table II. below. applies to tested sound at sound-affected siteslunits. The required five-decibel difference between the ambient sound level and the offending sound applies to every octave band. Table II applies to tested sounds emitted from any single residential, tourist residential, commercial, Industnal, and/or manufacturing operation, activity. process, plant or facility. or any combination(s) thereof. Provided the offending Table I sound level for sounds that are tested exceeds the ambient sound level by at least five dSA, or exceeds by five decibels unweighted any of the maximum applicable sound level in any octave band in Table II, it Is a violation of this article when any such sound IS caused or suffered by any such non-exempt activity. facility. entily. plant, operation. or process. . by applying tRe following stanElaraG. as may be applicable: I'.NSI Slanaaros: S 1.1 1991 (I'.S.'\ 111) (Aco"sti"al terminologl'; Definitions ef teGRRiml torms net aefine9 horoin shall be astaineo from tRe then cwmAt versien of the .",merlsaA Stanoa,,1 I\GaustiGai T """inelegy p"blisRea by tho ,^,mcrican NiSltisAal StambrdlS; Institl:lte, Inc. in S 1 1 or its tA13F1 GlJrreAt sues"ssor iA fORetioA); S 1.1195. (AS/'. 17) (SpeelfiG.tieRs for sauno level metors); I'.NSI S 1.1^ 1955 (^meRomenls 10 S 1.1 195}); ANSI S 1.e 1951 (1990) (.".SA 5J) (Stanoar<l prelerrea frequeneies, frOq""RCY levels eAa b~no numbers lar ~GGuGtiGal meas"remente); I\~ISI S 1.11 198e (R199}) (".S.". (5) SpeGifiGaliens for OGt~ve SaRa ana fractional octave bORa aAalog ORa aigital filters); S 1.12 1 ge7. (R1 985) (Spe"ificatioRs for laberatory SI~Raera 5 Words Underlined are added; Words Struel: 1l.rel;lg;R are deleted. . "'io'a~RaAes); ANSI S 1.16 1971 (R1988) (MeauuFemonl af sawnd ~reuswm lovals); flN!>1 !> 12.1 1988 (R1993) (I\S/I 830) (l\usess",aAI of Ri8A eA8r8Y im~wlse sownds witA res~est Ie resideAlial sa",,,,wAilies); ANSI S 12.7 1985 (R190J) (",..1'.82) (Measwrins i",~wlua naisa); MI!>1 !> 12.9 1088/Part 1. (R1993) (.^.S^, 78) (EnviraA",eAlal sawnds. Part 1); 'INSI S 12.9 1902fPart 2 (.'ISA 105) En'lironmeA'tal se1.lAdG Part 2, 3Ret rneaSl::lremeAt sf IOA~ teFm, wiae aro3 "oWAd); MI!>1 !> 12.9 1992!PaFt 3 (ASA 109) (EnvironmeAlal sowAd, Part 3. sRort larm ",easwr-emeAI 'NiIR aA aasewar ~reseAI); .^,~JSi S 12.181991 (.^.SI'. 110) (Owldaor maaswrameAl af sawAd ~ressure le',ols); NISI S 12.10 1990 (1'$/\ 88) (Dassri~la's lar dete,miAaliaA at aa"'~atiaility iaAd use ,evis!aA af .^.NSI S3.d2 1980). llesawse IRase sta"daFEls (aAd,'er the vlaFalie" staAda"ls) will ae w~ daled from ti",e Ie ti"'e. sweR slaAda,ds ",ay ae w~ dated ay rese/uliens ef IRe l3ear<l ef Gount'J semmicsisRers after pblblis t-learing fAerBeR, iRsll:lEting the c.umm3ry ase"da ~resess. Applying Table II. the nighttime hours are each day from 10:00 p.m. until 7:00 a.m. the following morning except as otherwise expressly specified in this article. Unless provided otherwise. includino seelion 54-93. each such tested sound that tests in excess of any such sound-affected site-specific applicable resultant value. after applying all applicable site-specific impulse sound andlor pure tone (charaeler of sound) adjustments, shall be a violation of this article. [Table II is omitted but is not affeeled by this Amending Ordinance] SECTION FIVE; A new Section 54-93 of the Code of Laws and Ordinances of Collier County, Florida, is added into this Article as follows: Sec. 54-93. Noise violations that do not reauire use of testina eauipment. (1) This section. which shall be narrowlv construed, apolies notwithstandina other provisions in this Article relatina to sound/noise measurina (decibel testino) eouioment (2) This seelion applies only to the followino noise affeeled sites: a. Residential dwellino or unit: These include sinole-family residence. duo lex. etc.. aoartment. dwellina condominium unit. mobile home. house trailer. house boat or transient dwellina unit includina hotel. motel. inn or similar residential use establishment that is not exempted from this Article by Subsection 54-92(d) (multifamilv dwellinos under the same manaoement); b. Hospital; c. Nursina home: d. Library in use; e. Public or private school, includino colleoe and university, f. Court in session: Q. Hosoice: or h. Church in use. (3) Takino into account the time of day. day of the week. and the unmeasured ambient noise at any above-Ijsted noise affected site. the followina noises are a violation of this Article without use of testino eouipment provided such noise. based uoon hearina by an enforcement officer and a comolainant at the noise affected site. is clearlv: a. Unreasonablv loud. raucous or ianino (is clearlY annoyina or c1earlv disturbina to any individual of normal sensibilities at such site)' or b. A nuisance: (without reasonable iustification is unreasonably interferino with the peace and ouiet of any individual of normal sensibilities at such site). (4) ThiS Section applies when either (or both) above-listed noise is emitted from a: a. Domesticated animal. includina doa. bird or fowl. which violations oursuant to this Section shall be enforced onlv bY Domestic Animal Services or bY the Sheriff's Office when testinq equioment is not used. These noises can be enforced by code enforcement officers when noise testina equioment is used. b. Vehicle (includino motor vehicle) noise applied to the total volume of noise from the vehicle or from anY Dart thereof includ;na motor/enaine, if any, 6 Words Underlined are added; Words Stntel: Through are deleted. Agenda Item No. SA September 11, 2007 Page 8 of 9 Agenda Item No. 8A September 11, 2007 and considerina whether anv Dart of the vehicle's exhaust svstem. if anv. is Page 9 of 9 modified or removed. or because the vehicle or any vehicle related sound oraducina device is out of reoair. These noises shall not be enforced bv code enforcement officers exceot when the location of the source of such noise is off road c. Sound Producina Device. These devices include every device desianed to oroduce. reoroduce ar amolitv sound. whether or not related to a vehicle. such as horn siren. whistle. bell. musical instrument radio. TV. ohonoaraoh. soeaker. loudsoeaker. microohone. or other substantiallv similar device. includina when a horn. siren. whistle. bell or similar device is sounded lanoer than necessarv. These noises shall not be enforced bv code enforcement officers exceot when the sound oroducina device is off road. d. Exceotions: Lawful Business. Profession or Occuoation. This section does not aeplv to any lawful business. orofession. or occuoation provided anv such above-listed class of noise is !voicallv emitted from that tvoe of business. crofession or occuoation. and at that hour of the day and day of the week. This section aoolies if such noise is either not tvoical for such !voe business. orofession or occupation. or is tvoical but is emitted at a time other then the normal hours of ooeration of that soecific business profession or occuoation. at that location. SECTION SIX: Conflict and Severability. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision. and such holding shall not affect the validity of the remaining portions thereof. SECTION SEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article." or any other appropriate word. SECTION EIGHT: Effective Date. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County. Florida, this _ day of , 2007. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Deputy Clerk By: JAMES COLETTA. Chairman Approved as to form and legal sufficiency: By: ~ Thom s C. Palmer. Assistant County Attorney 7 Words Underlined are added; Words Sffilel: Threusk are deleted. EXECUTIVE SUMMARY Agenda Item No. 9A September 11, 2007 Page 1 of 5 BOARD OF COUNTY COMMISSIONERS TO INTERVIEW COUNTY ATTORNEY RECRUITMENT SEARCH FIRMS OBJECTIVE: To interview the two responsive eounty Attorney Recruitment Search Firms, complete the score sheet, and select the firm most qualified to provide candidates for the position of County Attorney in accordance with the specifications stated in the proposal. CONSIDERATIONS: While convened in regular session on June 12, 2007, the Board of eounty Commissioners directed the Executive Manager to the Bec to work with staff to prepare and present to the Board an RFP for a legal recruiting firm to begin the process to search for a County Attorney. Following is the timeline of events: TIMELlNE: . June 26, 2007 - Bce authorized the RFP scope of services . June 28, 2007 - RFP was published . July 23,2007 - Bid Closing at 3:00 p.m. . July 24, 2007 - BCC updated and directed staff to set up interviews for the two responsive search firms . September 12, 2007 - Interview responsive search firms and make selection. RESPONSIVE SEARCH FIRMS: ~ . Argus Group of Tampa, Florida . The Waters Consulting Group, Inc. of Dallas, Texas FISCAL IMPACT: No Impact at this time. GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of eounty Commissioners interview the two County Attorney Recruitment Search Finns, complete the score sheets, and select a firm to provide County Attorney Recruitment Service. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Page ] of 1 Agenda !tem No. 9A September 11, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A THIS ITEM TO BE HEARD WEDNESDAY, SEPTEMBER 12. 2007 AT 9:00 AM Board of County Commissioners to interview County Attorney Recruitment Search Firms Item Summary: Meeting Date: 9/1112007 S.OO:OO AM Prepared By Sue Filson Exacutive Managertotha BCC D~. Board of County Commissioners BCCOffice Approved By JlImesV. Mudd County Manager Data Board of County CommisSioners County Managers Office B/6/200710:42AM filf"/lr'\AI1f>1lil~Tp"t\PYnnrl\Sl:Sl:_Sf'ntf'mhp.rOln?Oll %7()?OO7\()Q %70HnA Rf1%70nF%?Orn Q/,nO(J7 Agenda Item No. 9A September 11. 2007 Page 3 of 5 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail East Bldg. "G--. Naples. Florida 34112 .239-774-&407 . FAX 732-0844 Date: July 27,2007 To: Sue Filson Executive Manager, BCC From: Michael F. Hauer, CPPO, CPPB/01WX Purchasing Acquisition Manager Subject: RFP# 07-4170, "County Attorney Recruitment Services" The following is a summary of the above referenced solicitation. We issued electronic notices to twenty-five firms on June 28, 2007 that resulted in ten firms downloading the solicitation document, and three firms submitting a proposal response by the close date of July 23, 2007 at 3:00 p.m. After the preliminary review of the documents submitted by the proposers (Argus Legal, Waters- Oldani Executive Recruitment, and Ad Hoc Law Associates) it was determined that the submission by Ad Hoc Law Associates was non-responsive as they did not submit a proposal, only the required attachments. We contacted this firm to confirm that no other packages were sent and were advised that they did not know what a proposal was. The two remaining proposal responses will be evaluated based on the evaluation criterion stated in the solicitation document. c " ~. {7(V'r l: c " " .. " filson_s Page I of I Agenda Item No. 9A September 11, 2007 Page 4 of 5 ..from: HauerMike >nt: Friday, July 27. 2007 2: 1 0 PM To: 'sclermont@arugsteam.com'; 'Igarcia@argusteam.com' Cc: filson_s Subject: Presentation, County Attomey Recruitment Services. RFP# 07-4170 July 27, 2007 Sabrina and Lisa, The Collier County Board of County Commissioners has requested a presentation by your firm regarding the proposal response submittal for the above referenced subject The presentation will be held on September 12, 2007 commencing promptly at 9:00 a.m. We will provide you with the agenda prior to that time and date. If you have any questions, please feel free to contact me. Michael F. Hauer, CPPO, CPPB Purchasing Acquisitions Manager Collier County Board of County Commissioners Purchasing Department, Bldg. "G" 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8965 (239) 530-6699 fax MikeHauer@Colliergov.net 7/27/2007 filson_s Page I of I Agenda Item No. 9A September 11, 2007 Page 5 of 5 From: HauerMike Sent: Friday, July 27. 20072: 13 PM To: 'canderson@watersconsulting.com' Cc: filson_s Subject: Presentation, County Attorney Recruitment Services, RFP# 07-4170 July 27,2007 Charles, The Collier County Board of County Commissioners has requested a presentation by your firm regarding the proposal response submittal for the above referenced subject. The presentation will be held on September 12, 2007 commencing promptly at 9:00 a.m. We will provide you with the agenda prior to that time and date. If you have any questions, please feel free to contact me. Michael F. Hauer, CPPO, CPPB Purchasing Acquisitions Manager Collier County Board of County Commissioners Purchasing Department, Bldg. "G" 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8965 (239) 530-6699 fax MikeHauer@Colliergov.net 7/27/2007 . EXECUTIVE SUMMARY Agenda Item No. 98 September 11. 2007 Page 1 of 17 APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS LICENSING BOARD OBJECTIVE: To appoint 1 member to serve a 3 year term, expiring on June 30, 2010, to the Contractors Licensing Board. CONSIDERATIONS: The Contractors Licensing Board (CLB) had I term expire on June 30, 2007 in the category of Specialty Contractor. This 9 member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder of a certificate of competency of any contractor, master or journeyman should be disciplined. Members of the CLB who are not consumer representative members should be either a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed building contractor. A minimum 3 members shall be in the category of "eonsumer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list ofthe current membership is included in the backup. The term for Michael Boyd expired on June 30, 2007. A press release was issued and resumes were received from the following 5 interested citizens: ~- APPLICANT CATEGORY DlST ELECTOR ADV. COMM. Michael E. Boyd-reapnt Special Contractor.- Signs 3 Yes Contractors Licensing Board Sam Smart Does not meet requirements 3 Yes None Jerry P. Morgan Does not meet requirements 2 Yes Code Enforcement Board James W. Murray Does not meet requirements 2 Yes None Gordon L. Rist Does not meet requirements 5 Yes None ATTENDANCE: Excellent - 90% range COMMITTEE RECOMMENDATION: Quasi-Judicial: no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint I member, and direct the County Attorney to prepare a resolution confmning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Page 1 of1 Agenda !tem No. 98 September 11, 2007 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 98 Appointment of member to the Contractors Licensing Board 9/11120079.0Q,OOAM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCCOffice Approved By JamesV. Mudd County Manager Date Board of County Commissioners County Manager's Office 8161200711c13AM filf'.//r'\Acrf'nthT..<:t\Fvnnrt\S/5!..<:f>rlt..",'h..rO/"'')(l11 o/~')n')nn'7\nQ o/~')n'Qn!:r. pno/~ ")nnvo/~ 'lnrn a/,nnn'7 "_,"_,~_,,,,,~,_~_,,'_.'~"M' "~_..,,____o_.^.,~_' ".-._.~--~,.'."" Agenda Item No. 98 September 11. 2007 Page 3 of 17 COLLIER COUNTY BUILDING REVIEW & PERMITrING CONTRACIDR'S LICENSING COMMUNITY DEVF.I.DPMENT AND ENVIRONMENTAL SERVICFB IlI"VlSION 1800 North Horseshoe Drive . Naples. Florida 34104 . 239.659.5706. FAX 239-403-2369 MEMORANDUM TO: Sue Fison, Executive Manager Board of County Commissioners FROM: Michael Ossorio, Contractor Licensing Supervisor DATE: July 18,2007 RE: Contractors Licensing Board Per your memo dated July 9, 2007, below is my assessment of the advisory board applications for the Contractor Licensing Board. A) After reviewing Contractor Licensing Ordinance 2006-46 see 3.] .1, the applicant meets all the necessary requirements for reappointment of a Contractor Licensing Board member. B) Michael Boyd attendances have been excellent in the 90% range. If you require any additional information, please feel free to contact me at 659-5706. r Agenda Item No. 9B September 11. 2007 Page 4 of 17 COLLIER COUNTY BUILDING REVIEW & PERMImNG CONTRACTOR'S LICENSING COMMUNlTY DEVELOPMENT AND ENVllIONMEI\'TALSERVlCEE DIVISION 2800 North Horseshoe Drive _ Naples, Florida 34104 . 239.659~5706. FAX 239-403.2369 MEMORANDUM TO: Sue Fison, Executive Manager Board of County Commissioners FROM: Michael Ossorio, Contractor Licensing Supervisor DATE: July 23, 2007 RE: Contractors Licensing Board Per your memo dated July 9,2007, below is my assessment of the advisory board applications for the Contractor Licensing Board. A) After reviewing Contractor Licensing Ordinance 2006-46 sec 3.1.1, the applicants noted below have not met the necessary requirements for appointments to the advisory committee. I) Sam Smart 2) Jerry P. Morgan 3) James W. Murray 4) Gordon L. Rist If you require any additional information, please feel free to contact me at 659-5706. Agenda Item No. 98 September 11. 2007 Page 5 of 17 ( Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Lee Horn 287-5044 10/26/04 06/30/07 3 Years 2225 Malibu Lake Circle, #621 287-5044 06/26/07 06/30/10 3 Years Naples, FL 34119 E-Mail: sportslem@ao1.com District: 3 Category: Consumer Mr. Eric D. Guite' 403-9365 03/14/06 02/28/09 3 Years 1520 Nautilus Road 403-9365 Naples, FL 34102 E-Mail: District: 4 Category: City of Naples - Specialty Contractor Mr. Glenn Herriman 269-7625 01/09/07 06130/1 0 3 Years C 2881 64th Street, S.W. 649-4770 Naples, FL 34105 E-Mail: glenn@rxinsurance.us District: 3 Category: Consumer Mr. Michael Boyd 643-4404 09/21/04 06/30/07 3 Years / 5340 Tamarind Ridge Drive 353-1823 Naples, FL 34119 E-Mail: mboyd@signsandthings.com District: 3 Category: Specialty Contractor - Signs Mr. Sydney E. Blum 594-7880 07/29/03 06/30/06 3 Years 12930 Positano Circle #305 261-1855 06/20/06 06/30109 3 Years Naples, FL 34105 E-Mail: eescool@eartWink.net District: 4 Category: Specialty Trade l 'c,.-"",,-_~:..:'.-.._:~.: ~.. '-"~:'_=~'_",..-."^..(n!r._""'.,,,,-~.:__ '7';"-::-;f-<l,;-.O:_:"-~-::. 'X::.J.~:-,...~t;:"L :='," <'''"...;~ WedneSd;,y, June 27, 20117 .. - .. ... Page J of 3 . Agenda Item No. 9B September 11, 2007 Page 6 of 17 Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Richard E. Joslin, Jr. 455-5000 06/11/96 595 13th Street, N.W. 06/20106 Naples, FL 34120 E-Mail: PappaPooI2@earthlink.net District: 5 Category: Licensed Commercial PooVSpa Contr Mr. William T. Lewis P.O. Box 1228 Naples, FL 34106 E-Mail: District: 1 Category: General Contractor 430-1799 09/1 0/03 430-1799 6120/06 Ms. Ann Lundblad Keller 370-7237 09/10/02 2107 21st Court South 370-7237 06/14/05 Naples, FL 34102 E-Mail: akeller@aqualaneaprtners.com District: 4 Category: Consumer- City of Naples Representative Mr. Les Dickson 202 Monterey Drive Naples, FL 34119 E-Mail: District: 3 Category: Roofing Contractor .J.. -',~J;I;=,'.:'~~-~;-;-:;';."8',,-^~$P:;Y; -:-=,:;l'!;';''''.:C'' Wednesday, June 27, 2007 514-1100 06/11/96 06/14/05 06/30197 06/30/09 I Year 3 Years 06/30/06 6130109 3 Years 3 Years 06/30/05 08/20108 3 Years 3 Years 06/30/99 06/30/08 3 Years 3 Years -,,=..~,>:.;,,,.. ..~'.;:tc- .:~ ._,,'-,';,-~:ro;;.~~- :::>:"""",,,'Z,",,.'" '" "''''- Page 2 of3 ,-',"':';;0" Agenda Item No. 9B September 11, 2007 Page 7 of 17 Contractors Licensing Board Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 9 member board was created by Ord. No. 78-2,85-42,90-105.92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or joumeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. FI Stat, See 489.131, sub 10 states that 3 members must be consumer representatives. Membership should be licensed architect, licensed general contractor. licensed engineer, licensed electrical contractor, licensed plumbing contractor, licensed roofing contractor. licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiring a Certificate of Competency as provided in the Ordinance. These categories are merely directory and failure to have a member of each of the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a Quasi Judicial Board. Amended by Ordinance No. 94-34, 95-11. 97-68, 99-45.2002-21 ( FLSTAT: 489 Staff: Michael Ossorio, Contractor's Licensing Supervisor: 659-5706 ( :: ,,- :;-':i.::" .~'-.=,,"~;."::'~',= .. ,.-: -- .,':l:'r;l.\:'-'.~",.=: Wednesday,~j;t'ne 27; iOfn _"_~:.1';,,,,,, ,,-","':'-', -,..-~;;; Page of 3 '^T'''''':"_':'''=''.J~_' -,",^,.__> T Agenda Item No. 96 September 11, 2007 Page 8 of 17 MEMORANDUM JUL 102001 p1oI1:45 DATE: July 9, 2007 FROM: Elections Office ~. , Sue Filson, Executive Manager \ Board of County Commissioner f TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CONTRACTORS LICENSING BOARD COMMISSION DISTRICT Sam Smart 11289 Phoenix Way Naples, FL 34119 3 Jerry P. Morgan 2350 Mont Claire Drive, #201 Naples, FL 34109 :J- James W. Murray 800 Shadow Lake Lane Naples, FL 34108 ~- Gordon L. Rist 791 29th Street, S.W. Naples, FL 34117 s- Thank you for your help. Advisory Board Application Page 1 of2 Agenda Item No. 98 September 11. 2007 Page 9 of 17 filson_s From: mboyd@signsandthings.com Sent: Wednesday. July 11, 2007 3:57 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 (Jee [/0/75 0157 3 '-/-: ,~t"i (tj (ji-t' Application was received on: 7/1112007 3:56:49 PM. Name: Irnichael e.boy~ Home Phone: 1239-353-18231 Home Address: ~340 tamarind ridge dr.1 City: ~ Zip Code: JEI:!2I Phone Numbers Fax: 1239-643-31941 Business: 1239-643-44041 e-Mail Address:lmboydia)signsandthings.coml Work Place: ~igns & thind How long have you lived in Collier County: !more than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? Iv e~ Board I Committee Applied for: ~ontractors licensinll, board) Category: bpeciality contracto~ Do you currently hold public offfice? ~ ~ontractors licensinll, , smart growth! Do you currently or ever served on a Collier County Board or ~ Education: Ibs elementary education! 7/13/2007 .. Advisory Board Application ~----~ s elementary educatio Page 2 of2 Agenda Item No. 9B September 11. 2007 Page 10 of 17 Experience: !state certified electrical contracto~ 7113/2007 MEMORANDUM Aaenda Item No. 98 September 11. 2007 Page 11 of 17 DATE: July 9, 2007 TO: Michael Ossorio, Contractor's Licens~.ng Su rvisor Sue Filson, Executive Manager , Board of County Commissioners , FROM: RE: Contractors Licensing Board As you know, we currently have a 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: Sam Smart 11289 Phoenix Way Naples, FL 34119 Jerry P. Morgan 2350 Mont Claire Drive, #201 Naples, FL 34109 James W. Murray 800 Shadow Lake Lane Naples, FL 34108 Gordon L. Rist 791 29th Street, S. W. Naples, FL 34117 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 ""''9>,. B7!09/2C07 lB:BB 239-598-2B89 To: 239-598-2089 07/0!/07 lO:!3 AM paiB At~, -:SwC PEL:CAt, GLA% From: R6sniCKLlsa PAGE ell! 01 Agenda Item No. 96 September 11 , 2007 Page 12 of 17 2 of 5 ~'''''.N Board of County Commissioners 3301 East Tlmll...; Troil NlpIeI, FL34112 (Ull) 774-80'7 J'n: (239) 114-3601 ~l <<,. ~ , >.... ,..,.... ',1.-....-.. ,'" I '. '- .. Application for Advisory CommitteeslBoards Nlme: ..- ~ -;.... ~~~ HOlllePII01le:(12)!:\ ') SC\'l.~CC\4. Ho...Adclr." ""2.89 \A'lOl!'NI"l(. ~ Zip Code: :3 4-1 \ ~ Fa'ND.~~~ "i~~~"'.:9"t8- ~'!!.c:Q '__II._...:~\...\e"^,, ~c.. ~ P1..eorEIllPIOymOlll:_~C,H..l C>""",S!o, :l:!>I& .:r'c::.. ~O~~,31,-\O" Bend orC.mm_Applied fDr: CcN~c::T'l:>"'- .....\ee....l.S IN-Co ~N\..O CI..,. (if .pplic.blc): ~I""'--:t'-? ~~"t"'O~ ID...; ~dlDlatrkt, ~.eaft...lIllI!DtIlI.., i""peflOl.,*- H.... kIDg ban y<>u Unci in CollieT County: Y.... J...O MonlbJ .~_ Art you. rOllI.tend voter ill Com.r County; V.......- No D. you c:urrmtly bold p.bU. om..? v. If... ""otll__1 No .,... Rave you ever been comided of any offen.. agaJnot the J ,....1 If 1ft. ...... YO!! NO~__ 1\.0 ,eu JWW" Rn'e, 91" Inn ,.. "'" Rn'''' oa a CoIhr Cnufy...4 vr Q:lImmI....1 YClllI If.... ._lbl..........__.; N. .......- PIea.e Ib~r eoaumunity ~it1. (dvie dubs., neisbborb,od ..,odation" etc. aud. r:::om held: ... e.-,.c.J'ool ~ c.- iY\....~"'-S ~ ~~-._ _ ~~.....O Iv. S+- '-ie'NU,. ~...~ ~ ~II;.~ E.""'......: C>5 Cc~ \.... ~ ~$ t. E.c.:...._.c..S M~A O~~, c::.-_'\'YUlotl""" \104 ~\ "'2..0 ~c....... ~ t C>~.._ oC- ~~ C:.- s c:-.....-. ...,.._S~ I\~~ '-ct Go\... =t::lO~1> (,. ~ e:,...~~_ . . ""'.... :; 160(U:oo """NV'l_, Co... .,.....c,,,,,, _ __ ~o ~\..........._ ~. E4\1Cllllotl; 17tt_1lllllCaM! ........,.,..,,,.y_/etJ,..,,,.,,.,, lidf."Ik6IIJ........wkr.,..*4,...,PUIrM, .E'.ucdwMMtII!'hI fNB_"c-qC "" .....SmE..r..-1>d,lWpIw,I'1UIlJ. 1/;-_'-1"'''''''-- (lJf/774-Hf11"......,.......... - '---.... ~,..,... ,.._..._~c_c.lIIlIy. Jul 05 07 09:20a Je~~~ Morean 07/05/07 08:40 AM Page 2 of 2 23S-513-1240 p.1 Agenda Item No. 98 September 11, 2007 Page 13 of 17 . Board of County Commissioners 3301 East 'r.mi...i Trail Naples, FL34lt1 (.139) 77~" Fn' (:!39) 774-3602 ~I ~.. ~t.~ ..", .> ' '.~ ~ '.'c";"' .... .... .. .-, '., ' , ? ... . . '.' ',. -.. -,.." . .' if, r .' :~q/~........ ":1) Application for Advisory Committees/Boards N.m.J ~Ri-~ M ~RGAK HOIDePtJon.:l?<f- 0544 -s,'Z04- NA~a. FL-. '!>4\o"l HU"'Addr...22t;QMo.N.L~I~ P&~7?>LZlpCode: 3410; t..x N..51~ -l ~40 Busin.., Ph....' ~/~ "","heldr.." Mo~ GAH 'l. ~Iio @t::.o...cA<;T . .....~ PI."" of RmpIU)'lllmt:--f?E.'f\ tor;, E.D Bo"dOrCOmmilte'APPlied~OlJ.T~c:.TOR50 /'1c.eN~IH" ~I<:.D~ C.tegory(irapplicahle) Cnrl5UNISR A.\lD ~\4\..."i Co~orc:. Eltampte: CoaulllWan DWrlcl, ~doper, elIIriren.eetllltlllt,Y pel"SO.. etc. OFt. FIfC,F.: I<.eVII!!!:W T~~ ~r.:. How long have you lived in Collier County: Yean; Month! ~ Are you;:,; re,pstcrcd '"otcr in Collier County: Yes v' No DQ you a.lrn:ntly hold public: office? Ya; If lUl, what is thn cdlk27 // No 1/ . Hant: Y.'u eWr be~n convided or any ~tft'"nse a:ainst ~ u.w? If,.,s,explai.: Do}oa a'JWwn'~ orMwoYIJIll""" Jtened, on a ColJerCoamy board urcomndttee? Yes. V :'0((1 [1'",,1....1............-..-..., C:~ s.Ji~~.;=-t.;,,!i.T ~~h ANn W ATEI'Z- AND * l ,&.It~ IT'( t Ycs.___.__Nu~ __ PI<a,.lis. y.urcvmmunity .ctivlti.. (<;'1. dubs, .eighbUl'hood ....<i.lions. ".. and,g:'itiollS heJ~ -f"7~~!~~~*~~~~-f:~:~N~.tpi~;Z1 'c)A' Edu.ati..,Jolli1 ~EA6.4:N ~R. ttlGH C\tevSo1O I'l "'it::f.) ~ U l'I\Ve~51"1"-fo Of" \-IOu 5To F-J . t-\:!,us-'Tot.l .1,E."'. ^1:l:cl-l-....E1ieF:. at <::lVIt... '>=-He.fl:. Ct:>It> rq..'T <171Z,s..pv..... ~') Experien<e: ;::>'0 ~;::;;'.A"'~ E."'F.:~~IEHCS IN e.f.!G:~. AriD mitft~\~~f!;}~ Pi':__"IlIlUlJ'ClltUtlpqld ~"'-"'}'''fM~ TbbWIlotll/Mt a-I~""'I_*iz.- ilu Fl1mI, ~M-.u 1, tlile~_~~c..-yc~ J1(11 EGlr.....-.tTrd, N.,ta, FT.J.4/J!.. JJ~...wU"'~fcJ__..,.""~llr' (1.H)i74-$fOJ wNltllilruwruu,,{jf)e~.., ~ T1ttttd'p#Mf" H~III:1l'3W" r:'/6:nJ6 !fL"lfjwC~. . .. filson_s Page I of2 Agenda Item No. 9B September 11. 2007 Page 14 of 17 Advisory Board Application ..from: joanandjimm@aoLcom ,t: Wednesday. July 04, 200712:28 PM ~: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/4/200712:28:15 PM. Name: ~arnes W. Murrayl Home Phone: ~39-514-4812\ Home Address: ~OO Shadow Lake Lan~ City: \Naple~ Zip Code: 1341081 Phone Numbers Fax: 1239-514-20911 Business: 1239-248-2852\ ., e-Mail Address: noanandjimm(a)aoLcorn! Work Place: lRetirecIj How lonl: have you lived in Collier County: [,ill Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: Category: I Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ .-1 Please list our communi activities: ember of Facilities, Member Policy and Community Center Committees of Pelican Bay oundation. Volunteer with Na les Philharmonic Center and Friends of Art. Education: 7/9/2007 Advisory Board Application !Miami (Ohio) and Ohio Northern Universities.1 Page 2 of2 Agenda Item No. 98 September 11, 2007 Page 15 of 17 . Ex erience: etired president Murray Co., Cleveland, OH; manufacturers representatives of tools and hardware. etired regional sales manager State Side Sales, selling construction tools and materials to ontractor supply distributors. Former president Westlake Aircraft Leasing, Ohio. Active with leveland AirSports flying club and flight school. Also flew at Naples Air Center, often to Marco, ver lades Ci and lmmokalee a' orts. . . 7/9/2007 ? filson_s Page 1 of2 Agenda Item No. 9B September 11, 2007 Page 16 of 17 Advisory Board Application .from: tenwrists@earthlink.net i't: Sunday. July 08, 20074:20 PM """rc;: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/8120074:19:49 PM. Name: igordon I ris~ Home Phone: \239-353-73511 Home Address: 1791 29th st sW\ City: ~ Zip Code: ~ Phone Numbers Fax: \239-353-73511 Business: I ~ e-Mail Address:~enwrists@Jearthlink.ne~ Work Place: ~etiredj How lonl: have you lived in Collier County: [!]I Have you ever been convicted of any offense al:ainst the law? ~ Are you a rel:istered voter in Collier County? ~ Board / Committee Applied for: !contractors Licensing Boardj Category: !Not indicatedj Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or .. Please list your community activities: I ~ Education: !High school and trade school electrician.! 7/9/2007 Advisory Board Application !High school and trade school electrician.1 . Experience: I Page 2 of2 Agenda Item No. 9B September 11, 2007 Page 17 of 17 . . 7/9/2007 ^--.. EXECUTIVE SUMMARY Agenda Item No. 9C September 11 . 2007 Page 1 of 13 APPOINTMENT OF MEMBER(S) TO THE FIRE REVIEW TASK FORCE OBJECTIVE: To appoint 2 members representing the fIre districts, with the terms expiring on June 12,2008, to the Fire Review Task Force. CONSIDERATIONS: The FIRE REVIEW TASK FORCE was created by the Board of County Commissioners on Apri124, 2007 by Resolution No. 2007-105. This 9 member committee will be comprised of 3 fire district board representatives; 2 members from the Development Services Advisory Committee; 2 members affIliated with the eollier Building Industry Association; and 2 members affiliated with the American lnstitute of Architects. The purpose of the committee is to discuss concerns related to fIre review and inspections associated with the building plan review and permitting process; review building review and permitting procedures related to fIre review and provide the Board of County eommissioners with recommendations for practical revisions to the eollier County Fire Prevention and Protection Ordinance. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: !illIT ELECTOR AnV. COMM. APPLICANT CATEGORY Angela S. Davis Chuck McMahon Ea'it Naples Fire Rescue Golden Gate Fire Commission None None COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct tbe County Attorney to prepare a resolution confrrrning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Page 10fl Agenda !tem No. 8C September 11, 2007 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9C Appointmenl of members to the Fire Review Task Force 9/11120079:0000AM Prepared By Sue Filson Executive Manager 10 the Bee D~. Board of County Commissioners Bce Office Approved By JamesV.Mudd County Manager Date Board of County Commissioners County Manager's Office 7128120071:13 PM filp./lr.\A opnri<lTp<;:t\Fv-nort\~~_~pntpm'hprOf...?011 ef...?O?007\OQ %?ORnA RnOj,,?nnJ:;'O/,,?Orn Q/.;;n007 MEMORANDUM Agenda Item No. 9C September 11, 2007 Page 3 of 13 DATE: July 23,2007 TO: A Roland Holt, Sr., Building Rev' d Permitting Director FROM: Sue Filson, Executive Manager Board of County Commissioners , RE: Fire Review Task Force As you know, we currently have vacancies 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: Angela S. Davis 5347 Myrtle Lane Naples, FL 34] 13 Chuck McMahon 14834 Fripp Island Court Naples, FL 34119 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 T filson_s Page 1 of2 Agenda Item No. 9C September 11, 2007 Page 4 of 13 Advisory ijoard Application ~t: ~: adavis@enfd.org Wednesday, July 18, 2007 5:18 PM filson_s ....From: Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/1812007 5:17:34 PM. Name: \Angela S. Davi~ Home Phone: 1239-253-97901 Home Address: ~347 Myrtle Lane! City: lNaple~ Zip Code: 1341131 Phone Numbers Fax:! Business: ~39-774-71111 ... e-Mail Address: ladavis(li)enfd.orgJ Work Place: lEast Naples Fire Rescue! How lon~ have you lived in Collier County: !more than 151 Have you ever been convicted of any offense a~ainst the law? ~ !Not rndicate~ Are you a registered voter in Collier Couuty? ~ Board 1 Committee Applied for: Wire Review Task Force! Category: !Not indicated! Do you currently hold public ofllice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ .. Please list our communi activities: ollier County Fire Service Steering Committee - Secretary/Treasurer East Naples Civic ssociation East Na les Bravo C.E.R.T. Team Education: 7/19/2007 Advisory Board Application ~ompleted Yo-Tech CNA course Attended classes at Edison Community College! Page 2 of2 Agenda Item No. 9C September 11, 2007 Page 5 of 13 . Ex erience: anking - Barnett Bank & Suncoast Schools Federal Credit Union CNAlHHA & Hospice Membe f ENFD Al ha C.E.R T. Team Owned Si Business for 16 ears . . 7/19/2007 . ... -- ) Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C September 11, 2007 Page 6 of 13 . Application for Advisory Committees/Boards Name: (! Ell) L-k ~lW Home Address: !QKJcf F;e 1ft TSLA-'fI<? (I:T. Zip Code: 3C/ Irq Fax No.Srl.{ / ~ 'f g .h.iReos P~~\': :JJ( () 7 7 /3 e-mail address: CtJllckl1 cl1A I/o-U ;?PC;O (i,R"1 TLlI~- LAA1r4sc1';'-c L-.r <; f/1l.v<J eke, fl~[ RcvcW-t.- '(,4911' Fo~c.f~ Category (if applicable): G.l'JLOel/ ~~ Ie.. flAI? Example: Commission District, Developer. environmentalist, lay perSon, etc:. Home Phone: . ~ <;3 Z1 5S Place of Employment: Board or Committee Applied for: How long have you lived in Collier County: Years /27 Are you a registered voter in Collier County: Yes ;<: Months No Do you currently hold public office? Yes If so, what is that office? G It. ~ /,(it? 't< No C'a"vPC IS H Have you ever beeo convicted of any offense against the Law? If yes, explain:_ No "><: Yes Do you now serve, or have you ever senred, on a Collier County board or committee? Yes If yes, ple.se list the committeeslbo.rds: r; r.. R... Av "ryFb l.. L .." v-t.-l f AR.,(j (Z. No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attJzch any additional informaiion you feel pertinent This application should be forwarded 10 Sue Filson, Executive Manager to the Board of County Commissioners. 3301 East Tamiami Trail, Naples, FL 34112. lfyou wish, pleasefax your application to (239) 774-3602 or e-mail tosuefil.~on(@.collierJ!ov.net. Thank you for volunteering to serve the citizens of Collier County. Page I of 1 Agenda Item No. 9C September 11, 2007 Page 7 of 13 filson_s From: BrethauerPaula Sent: Thursday, June 28, 20074:25 PM To: filson_s Subject: FW: Fire Review Task Force Committee Sue, please see emaH below from Pamela Nickell. Is there anything you need from us? From: A. Roland Holt Sent: Thursday, June 28, 2007 3:50 PM To: BrethauerPaula SUbject: FW: Fire Review Task Force Committee How do we reply? Why to Holt? I have not replied to her In any way. From: Pamela Nickell [mailto:pnickell@WEBILD.COMj Sent: Thursday, June 28, 2007 12:43 PM To: A. Roland Holt SUbject: Fire Review Task Force Committee All'. Holt, Jr Is with much "'lI1lcmplationthat [find it necesswT to resignFomthe Fire Review Task Force Committee. [feelprlvilegat to have had this opportunity. There is the needfi)r appllcallts more suitedfilr this pertinent isslle If is appropriate fi" me to step down and have my seat availahle fill' those (firemen ete.) that may hav<! cl1os<!11 to come forward. Please contoc'l rne i(vou need anyjz/rther information regarding my decision. With highest reg,ml.l, Pamela .""'ickell DISCLAIMER: rhe lnforlfltltion contained in tlfis commllniadion is confidential find may lie legally privill!ged. It is intended solely for the liSt! olllle individual or entity to / who," it is addr6Sed turd othns tultltorizt!d to rec~ it. qyou an not the intended recipient, you fin hereby nodflLd t"tIt any disclosure. copying, distribution, or taking a,i actiqn in relilmce of the contents oft.is infonruttioll is strictly P.R.QQIBlTED Ilnd may be UNLA WFUL. Henning Construction Co. or The Henning Group is liablefor neither the proper and complete transmission of the information contained in this communication nor for any delay in Us receipt 6/28/2007 . , ...J ~ _.--~, .. ~y. U~ Vi ~~~~U. ~er-r'~ l~ur-5arl 07/05/07 08:40 AM Palls Z of Z c:..,~-;::IJ..:I-.l':::'"tU p.l Agenda Item No. 9C September 7 13 Board ofC--,. Commissioners 33tJl East T.....i T...a Nopla, FL341 U (D9) 774-8091 Fa", Q39') 774-3602 ~NfLA~;J~ Appl;..... r., AdYBo'Y eo..m___m. ~oes:J)~ Nom.,J~~~ M~R{;At4. H_Pbone:~"Z04-" 1 /1,1;1 NA~~. .f'L. S4-'eq .- Hu_Add.....1.~r;O MoNT O..AIIZF t:lR:~LZipCode: ~4io'i I: Lf?-fl'l FtiN.sl~-l'Z.40 __"'.... \.II'&' ....B_" MCI~GAH't~liol!c..ol-lG~~:;;Y . ~..,- l'Ioco ..rR"p~----f<'E.l1 ~ E.D Iloordorr_-Applled~~7l2:AC12:>RS- /"'~W.$IH€. '12o.r:>6.~n c. ory (lfopplicoble): A \AI- r 'FIIC.E ~1I1 elAl TJ'6\o<- How 10 _,.... Wedin CetIIor ~ c;; A"'yo1I.rqiotcr<d_In~C.....,.: Yes V " Na J/ No Do YOQ CUl"l"Clltly hold paNic .n-ICe' Yell lfso,......b..t.tlitt? No,/" !lave y.... ever bee. wnYic:ted vi..., ......., apiDst doe Law? y", If__, Do,....,.,........ ......,....... --... c...rC~ Mr... .? V. V' No 1f""~A~rz:.A~::~ I:,i:~;~~~"';-;b ANn ~~~~~~t7~1~'~~i~'o^' c ~ u nc..~..,,~.. ~ ,-ftd,...,. 7w."~""._~",,,,~~M....-h' 1kJ$-W:'ff'C-r":- ~mIE_T"""'n.Jj,N~",Ull~ IJ~""""""JG"""""""" tJ3fJ77"..nlU.........."--. - - -- n..t:)lIIIIl!/Wl h..J ,....caru-1f'C'.....a.o'. Agenda Item No. 9C September 11, 2007 Page 9 of 13 Co~T County ~-- - II MEMORANDUM II DATE: .July 24, 2007 TO: Sue Filson, Executive Manager BOCC ',1 FROM: A. Roland Holt, Building Director \ Ie ." . SUB.JECT: Applications to serve on the Fire Review Task Force The following named persons are acceptable candidates to serve on the above referenced board: 1. Angela S. Davis, East Naples Fire Rescue Member Collier County Fire Service Steering Committee _ Secretary/Treasurer East Naples Civic Association East Naples Bravo C.E.RT. Team 2. Chuck McMahon, Creative Landscape Lighting Member Golden Gate Fire Commission cc: Fire Review Task Force File Joseph Schmitt, Administrator, CDES Agenda Item No. 9C September 11 , 2007 Page 10 of 13 Fire Review Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Gary R. Beaumont 253-4434 06/12/07 06/12/08 625 Myrtle Road 514-7755 I Year Naples, FL 34104 E-Mail: garybeaumont@earthlink.net District: 2 Category: CBIA Mr. William Lawrence Schreck 732-6669 06/12/07 06/12/08 106 Muirfield Circle 793-5018 I Year Naples, FL 34113 E-Mail: bschreck@webild.com District: I Category: CBIA Mr. DaIas D. Disney 596-2872 6/12/07 06/12/08 4745 Stratford Ct. #2303 455-2384 I Year -' Naples, FL 34105 E-Mail: daIas@disneyarchitect.net District: 4 Category: DSAC Mr. William J. Varian 289-8013 06/12/07 06/12/08 I Year 210 31st Street, N.W. 352-7392 Naples, FL 34120 E-Mail: wjvI992@aol.com District: 5 Category: DSAC Mr. Bradley William Schiffer 254-0285 06/12107 06112/08 1 Year 520 Sugar Pine Lane 254-0285 Naples, FL 34108 E-Mail: brad@taxis-usa.com District: 2 Category: American Institute Architects J:. '; :,~-~ _ ',,"'it. ':,-.:o.!I,~;r_.":. -. :_._",_~,_, ;^'1-l;;;';:;;jj;:~a;",,,,> Xf:':;,,~C';-: _ .-:.....:.)~1r -;:.:;t;i' Wednesday, June 13, 2007 "T. '~'. ."-. :.:&':;>.-,'2.:. :. ',-_;:;;' .. ';';-"_"". ":'1'.:'- ~1'--;:<:"';; Pagel of 3 -----.- ..,....- -..-.....-----. Agenda Item No. 9C September 11, 2007 Page 11 of 13 ( Fire Review Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James E. Boughton 596-7800 06/12/07 760 Clarendon Court 592-1787 Naples, FL 34109 E-Mail: jim@boughtonarchitects.com District: 2 Category: American Institute Architects 06/12/08 I Year Mr. J. Christopher Lombardo 649-6555 06/12/07 6470 Hunters Road 591-1380 Naples, FL 34109 E-Mail: jcIombardo@wpl-Iegal.com District: 3 Category: Fire Commissioner - North Naples 06/12/08 I Year Ms. Pamela J. Nickell 680 6th Street, S.W. Naples, FL 34117 E-Mail: Pnickell@webiId.com District: 5 Category: At Large . e8 rf~\1>.j1" (/ ,- "11\,0 (o.r 732-6669 06/12/07 353-2013 06/12/08 I Year Wed~esd",;y. J;::;;'13,2oo!fS-:i.-:;.'J.c;;",,,: ;~~_:;;V':_7.';"'_~,!,: ",'!!'.:C; "'" 1", C',';:." Pagelof3 T Agenda Item No. 9C September 11, 2007 Page 12 of 13 Fire Review Task Force Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term The FIRE REVIEW TASK FORCE was created by the Board of County Commissioners on April 24,2007 by Resolution No. 2007-105. This 9 member committee will be comprised of 3 fire district board representatives; 2 members from the Development Services Advisory Committee; 2 members affiliated with the Collier Building Industry Association: and 2 members affiliated with the American Institute of Architects. The purpose of the committee is to discuss concerns related to fire review and inspections associated with the building plan review and permitting process; review building review and permitting procedures related to fire review and provide the Board of County Commissioners with recommendations for practical revisions to the Collier County Fire Prevention and Protection Ordinance. FLSTAT: Slaff: A. Roland Holt, Sr., Building Director: 403-2401 -I r~:.'" .'er"'~':,.;-':1>'" r Weci'u;sday, ju~e 13, 2007 - ,,~r',;'.",,~_~_ "';";'0. "-""Page 3'0;3"" "",,~';_,.,;',-.'O:,O"~.''''''-''. , MEMORANDUM Agenda Item No. 9C September 11, 2007 Page 13 of 13 ,""-~ - DATE: July 23, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following iodividuals for appoiotment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district io which each applicant resides. FIRE REVIEW TASK FORCE COMMISSION DISTRICT Angela S. Davis 5347 Myrtle Lane Naples, FL 34113 I Chuck McMahon 14834 Fripp Island Court Naples, FL 34119 3 Thank you for your help. r ,......."- EXECUTIVE SUMMARY Agenda Item No. 9D September 11, 2007 Page 1 of 44 APPOINTMENT OF MEMBER(S) TO THE RURAL LANDS STEWARDSHIP AREA COMMITTEE OBJECTIVE: For the Board of County Commissioners to appoint 13 members, with terms to expire on September II, 2008 to the Rural Lands Stewardship Area (RLSA) Review Committee. CONSIDERATIONS: The Rural Lands Stewardship Area (RLSA) Review Committee was created by the Board of County Commissioners on June 26, 2007 by Resolution No. 2007-173 to assist the Board in facilitating the public participation component of the RLSA Overlay Five- Year Review. The purpose of this committee will be to review data concerning the participation and effectiveness in the Overlay meeting the Goal, Objective, and Policies in the Future Land Use Element of the Growth Management Plan and make recommendations to the Board of County Commissioners. The committee shall be comprised of 13 members and, to the maximwo extent possible, represent a broad base of citizens and business and property owners within the Reviewarea. Terms are one year. A press release was issued and reswoes were received from the following 18 interested citizens: APPLICANT CATEGORY D1ST ELECTOR AnV. COMM. Bradley Cornell Environmental 2 Yes None Zach Floyd Crews Business Owner 5 Yes Immokalee EZDA, 1mmokalee Master Plan and Visioning Committee Gary Eidson La y person 2 Yes None Teonta Fields Environmental 5 Yes None Paul A. Gladdys Environmental I Yes None Ron Hammel Agricultural Lee No None Dr. James T. Homer Lay person 3 Yes None Jim Howard Business 3 Yes None Richard Harold Johnson Agricultural 5 Yes None Andrew Scott McElwaine Environmental 5 Yes None Allison Delaine Megrath Planner 5 Yes None Timothy Nance Agricultural 5 Yes East of 951 Committee Ronald Nino Planner 2 Yes None Neno Snagna Platmer 5 Yes None Thomas M. Taylor Engineer and Landowner 2 Yes None Fred N. Thomas Jr. Public Administration 2 Yes Lake Trafford Restoration Task Force, Immokalee EZDA, lmmokalee Master Plan and Visioning Committee Peoay Whitbeck Business 5 Yes None Dave W olfey La y person 2 Yes None NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records Zach Floyd Crews currently serves on the Immokalee EZDA and the Immokalee Master Plan and Visioning Committee and Fred N. Thomas Jr. currently serves on the Lake Trafford Restoration Task Force. Immokalee EZDA and the Immokalee Master Plan and Visioning Committee. If eitl1er Zach Floyd Crews or Fred N. Thomas Jr. is appointed, the Board will have to waive Section Five (D) of the ordinance. Agenda Item No. 9D September 11, 2007 Page 2 of 44 COMMITTEE RECOMMENDATION: New committee - no recommendations FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 13 members, and direct the County Attorney to prepare a resolution confmning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 _",."w. Page 1 of 1 Agenda Item No. 90 September 11, 2007 Page 3 of 44 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9D Appointment of members to the Rural Lands Stewardship Area (RLSA) Review Committee 9/11i20079,OOOOAM Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCC Date BCCOffice 7130/200711:23:45AM Approved By Sue Filson Executive Manager to the Bce Date Board of County Commissioners BCCOffice 7/30/200711:49AM AppruvedBy JlImes V. 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'" z< 0:: z I- u: "- a MEMORANDUM Agenda Item No. 9D September 11, 2007 Page 6 of 44 DATE: July 23,2007 r:> ,T.--: /-. :-." \;~ ',.- t~ i 1...,?t.:- 1\ . !-j TO: Elections Office 80,;1,;,_,; ,..;; FROM: Sue Filson, Executive Manager Board of County Commissioners ;';ilnn'JC:c,;nllt'IR RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. RURAL LANDS STEWARDSHIP AREA COMMITTEE COMMISSION DISTRICT Teonta Fields 2631 4th Street. NW Naples, FL 34120 5 Timothy Naoce P.O. Box 990129 Naples, FL 34116 5 5 NK Richard Harold Jolmson 680 Weber Blvd. N. Naples, FL 34120 Ronald J. Hammel 11250 Bienvenida Way #201 Fort Myers, FL 33908 Allison Delaine Megrath 4290 14th Street NE Naples, FL 34120 5 Bradley Cornell 556 109th Avenue N. Naples, FL 34108 d? 5 Andrew Scott McElwaine 1690 Birdie Drive Naples, FL 34120 T Agenda Item No. 90 September 11, 2007 Page 7 of 44 Dr. James T. Homer 4704 Ossabaw Way Naples, FL 34119 Peggy Whitbeck 1450 Kapok Street Naples, FL 34 II 7 3 3 5 ~ ~ f 3 5 ~ a :5 ~I i,,,,, Jim Howard 2253 Heritage Greens Drive Naples, FL 34119 8, ' "'.',. Fred N. Thomas Jr. 1205 Orchid Avenue Immokalee, FL 34142 Ronald Nino 33 5th Street Bonita Springs, FL 34134 Zach Floyd Crews Jr. 5214 Lake Lane Immokalee, FL 34142 Paul A. Gladdys 3720 Kent Drive Naples, FL 34112 Dave Wolfey 4250l"AvenueNW Naples, FL 34119 Neno J.. Spagna 3850 27th Avenue SW Naples, FL 34117 Thomas M. Taylor 481 Carica Road Naples, FL 34108 Gary Eidson 14592 Glen Eden Drive Naples, FL 34110 Thank you for your help. MEMORANDUM Agenda Item No. 90 September 11, 2007 Page 8 of 44 DATE: July 23, 2007 TO: Noah Standridge FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Rural Lands Stewardship Area Committee As you know, we currently have 13 vacancies 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: Bradley Comell 556 109th Avenue N. Naples, FL 34108 Zach Floyd Crews Jr. 5214 Lake Lane Immokalee, FL 34142 Gary Eidson 14592 Glen Eden Drive Naples, FL 34110 Teonta Fields 2631 4th Street. NW Naples, FL 34120 Paul A. Gladdys 3720 Kent Drive Naples, FL 34112 Ronald J. Hammel 11250 Bienvenida Way #201 Fort Myers, FL 33908 Dr. James T. Horner 4704 Ossabaw Way Naples, FL 34 I 19 Jim Howard 2253 Heritage Greens Drive Naples, FL 34119 . Agenda Item No. 9D September 11, 2007 Page 9 of 44 Richard Harold Johnson 680 Weber Blvd. N. Naples, FL 34120 Andrew Scott McElwaine 1690 Birdie Drive Naples, FL 34120 Allison Delaine Megrath 4290 14th StreetNE Naples, FL 34120 Timothy Nance P.O. Box 990129 Naples, FL 34116 Ronald Nino 33 5th Street Bonita Springs, FL 34134 Neno J. Spagna 3850 27th Avenue SW Naples, FL 34117 Thomas M. Taylor 481 Carica Road Naples, FL 34108 Fred N. Thomas Jr. 1205 Orchid Avenue lrrunokmee,FL 34142 Peggy Whitbeck 1450 Kapok Street Naples, FL 34117 Dave Wolfcy 4250 1st Avenue NW Naples, FL 34119 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. Agenda Item No. 90 Please categorize the applicants in areas of expertise. If you have any questions;SWJ~Ii\!~rJe~~~~ at 774-8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application Page I of2 Aaenda IteTn I~o. 9D September 11, 2007 Page 11 of 44 tuckersam From: filson_s Sent: Monday, July 16, 20074:46 PM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: bcornell@collieraudubon.org [mailto: bcornell@collieraudubon.org] Sent: Monday, July 16, 20074:41 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/16120074:41:21 PM. Name: !Bradley Cornelll Home Phone: ~39-592-78051 Home Address: 1556 109th Avenue, North! City: lNaplesl Zip Code: 134l08[ Phone Numbers Fax: 1239-643-78221 Business: ~39-643-78221 e-Mail Address: ~cornell(li)collieraudubon.orgl WorkPlace: !collier County Audubon Societyl How long have you lived in Collier County: Imore than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? IYesj Board I Committee Applied for: !Rural Lands Stewardship Area Review Committcel Category: !Not indicate~ 7/16/2007 Advisory Board Application Page 2 of2 Agenda Item No. 90 September 11, 2007 Page 12 of 44 Do you currently hold public ofllice? ~ PTAB - Environmental Policy & Technical Advisory Board Smart Growth Horizo Committee Landfill Sitin Committee Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: Secretary, Conservation Chair and President of Collier County Audubon Society 1993- ?001. Audubon of Florida, Miami - board member 2002-2005 Founding board membe fFriends of the Florida Panther Refuge 1997-2003. Founded Collier County Citizens' ommittee on Recycling in 1992. Sunday school teacher and youth group advisor, 1998- resent. Education: Courses (non-degree) in environmental science, constitutional law, and statistics at Northwestern University and Florida Gulf Coast University. Master of Music, Univ. 0 "T'exas at Austin 1986. Bachelor of Music, Oberlin College, 198 I. Ex erience: rofessional environmental policy analyst for Collier County Audubon Society and A.udubon of Florida: As part of my work I provided significant input to the current ural Land Stewardship Area Overlay and Rural Fringe TDR policies in Collier County in response the Governor Bush's Final Order of 1999. I have made presentations on ural Land Stewardship to many groups since the policies' adoption in 2002. I have spent considerable time working with staff, policy-makers, the public, and especially landowners in the crafting and implementation of Collier County's rural lands growth ana ement olicies. 7116/2007 . Advisory Board Application Paae 1 of? Agenda ll5'm No. go September 11, 2007 Page 13 of 44 tuckersam From: filson_s Sent: Thursday, July 12, 2007 1 :54 PM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: sndybass@yahoo.com [mailto:sndybass@yahoo,comj Sent: Thursday, July 12, 2007 1:52 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/12/20071:52:11 PM. Name: ~ach floyd crews i~ Home Phone: 1239-657-23701 Home Address: IS2141ake lanel City: limmokalee, fll Zip Code: [341421 Phone Numbers Fax: 1239-657-35111 Business: 1239-657-53591 e-Mail Address:lsndybass(a)yahoo.coml Work Place: ~outhwest fl ser & supplyl How long have you lived in Collier County: \more than 151 Have you ever been convicted of any offense against the law? IB:2l Are you a registered voter in Collier County? ~ Board I Committee Applied for: ~lsa review committeel Category: 1N0t indicatedl 7/12/2007 _.~~~.____.__..,..~ ... '~'~M~____~ ,- Advisory Board Application AgendJ1!l#rM f.JB% September 11, 2007 Page 14 of 44 . Do you currently hold public ofllice? IYesl ~ousing authority i mmokalee fire board) Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: I Education: I Experience: I 7112/2007 T Advisory Board Application Page I of2 Agenda lteTn No. 9D September 11, 2007 Page 15 of 44 tuckersam From: filson_s Sent: Thursday, July 05, 2007 7:24 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: paradise42@comcast.net [mallto:paradise42@comcast.net] Sent: Wednesday, July 04,20077:13 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/4/20077:13:24 AM. Name: [Gary Eidson! Home Phone: ~39-596-69661 Home Address: 114592 Glen Eden Drivel City: lNaplesl Zip Code: 1341101 Phone Numbers Fax: I Business: 1239-825-52161 e-Mail Address:iParadise42(li)comcast.ne~ Work Place: Iretire~ How long have you lived in Collier County: 15-101 Have you ever been convicted of any offense against the law? 18.21 Are you a registered voter in Collier County? ~ Board I Committee Applied for: iRLSA review committeel Category: 1N0t indicated! 7/5/2007 Advisory Board Application . Page 2 of2 Agenoa Itil'fn No. 9D September 11, 2007 Page 16 of 44 Do you currently hold public ofllice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: hair Citizens Transportation Coalition of Collier County, District 2. Member ommissioner's District 2 Advisory Board Past President of the Glen Eden Home wners Association Past Chair of Frank Halas Reelection Campaign Director North Bay ivic Association Education: vans City HS graduate Thiel College Greenville PAl year Southern Illinois niversity, Carbondale IL BS Communications Boston University Graduate School, oston MA I yr School of Education Klopfer Mortgage Broker Pre-License Class, Ft yers FL Klopfer Real Estate Pre-License Broker Class, Naples FL Dog Training Class 28 week) Directed b Brian Kilcommon for Turkin Trainin Pro ram. Na les FL Ex ericnce: RGANIZING AND PLANNING SKILLS: D Organized, Chaired, Developed Meeting gendas & Action Plans for Local Community Boards, and PACs D Started, ncorporated and Managed Three Small Businesses D Organized and Presented a Strategic Plan for Sales Division of a National Company D Organized and Elected to Board of Homeowner's Association (Pres., VP, Secretary, Chair Buildings-Grounds) D roficient in the Use of Microsoft Excel, Word and Internet Explorer SALES & RKETlNG: D Achieved General Motors Mark of Excellence Status & Developed Internet New Car Sales Department D Started New Sales Territories for 4 Different ompanies and Established a Leadership Position D Comprehensive Understanding of e Sales Process Based on Experiences from Door-to-Door Sales, Maintaining National ccounts and Creating & Motivating Organizations in a Variety of Sales and Volunteer Scttings WORK EXPERIENCE: D DeVoe Pontiac-Buick-GMC-HUMMER. Bonita Springs FL :WOI-03 (Ranked Among Top 4 Producers, Coordinated Internet Sales, ssisted in Computer & Certification Training) D Daubert Industries, Burr Ridge IL 1972-2005 (Sales Manager, Top Producer, Managed 6 Person Staff, Auto Protective Coatings Consultant-Retired) D Reynolds & Reynolds, Dayton OH 1992-1998 (Sales of irect Mail/Marketing Programs to New England Auto Dealers, Created New Territory) D Procter & Gamble, Toilet Goods Division, Cincinnati OH 1964-72 (Territory Salesl istrict Head Salesman [Cincinnati] - Unit Manager [Boston]) BUSINESSES OWNED OPERATED: D Maine Car Protection, Inc., Auburn ME (Sold)1980-90 [J Olympic Telephone Answering Service, Woburn MA (Sold) 1976-79 D Olympic Petroleum, Inc., exin ton, MA Sold 1976-79 715/2007 T Advisory Board Application Page I of2 Agenda Item No. 90 September 11, 2007 Page 17 of.14 tuckersam From: filson_s Sent: Friday, July 20, 2007 7:46 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: teonta@earthlink.net [mailto:teonta@earlhlink.netj Sent: Friday, July 20, 2007 7:27 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/20/20077:26:50 AM. Name: treonta Fieldsl Home Phone: 1239.564.16601 Home Address: 12631 4th St. Nwj City: lNaplesl Zip Code: ~41201 Phone Numbers Fax: \866.334.14961 Business: 1239.564.16601 e-Mail Address:~eonta(al.eartWink.ne~ Work Place: !Ramsey Inc Environmental Consultingj How long have you lived in Collier County: g Have you ever been convicted of any offense against the law? ~ 1N0t Indicate~ Are yon a registered voter in Collier County? ~ Board I Committee Applied for: !RURAL LANDS STEWARDSHIP AREAl Category: 1N0t indicatedl 7/20/2007 Advisory Board Application Page 2 of2 Agenda 1191n No. 90 September 11, 2007 Page 18 of 44 Do you currently hold public ofllice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: reasurerNice President Naples Bears Youth Sports Association Golden Gate Estates ivic Association. Road Committee Hazard Kentucky Civic Club] 998 V oted Young Women of the Year Education: aster De ree in Education Wetlands Determination Certificat Ex erience: Work For Ramsey Inc Environmental Consulting for 4 years, job descriptions - Permi anager (Local, State and Ferderal), Project Manager, Land Use Specialtist _ estoration Pro' ects - Miti ation Consultant and S ecialist. 7120/2007 r Board of County Commissioners 3301 East Tamiarni Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602F . Agenda Item No. 90 September 11, 2007 P 190f44 ;:r.'. Application for Advisory CommitteeslBoards Name: /1:;/.1../ /-7. G/A'd/V'S' HomePhone:d39- J/'I-~/31 Home ~ddresS: 3 ') ~o )f~ /V'I b,;-; 1/ e.. Zip Code: 3 tf- / J ;l Fax No. Business Phone: ? 7 '-/- b / -5/ e-mail address: t7 ~ -4c11..1 fJ a cJl #!f<?"'1 Place of Employment: f?e f; I- rc/~ he/en/ 1,,;vf: M IdA c G/Vse____v,4-/;-t;?,v Board or Committee Applied for: RvI h.4 / L 1NcI~ . 5fC'...JI7Y""'Is~;/.> /1rt",1 (/Pi.>19) J Category (if applicable): E'NV /l-o.'II/>7f'/\/ f/l Is f Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years (; Are you a registered voter in Collier County: Yes X Months No Do you currently hold public office? Yes lf so, what is that office? No .X Have you ever been convicted of any offense against the Law? If yes, explain: Yes NO.X Do you now serve, or have yOll ever served, on a Collier County board or committee? Yes If yes, please list the committeeslboards: No ;( . ,./r- Education: , ,vr.::17 .> r.. c/u-.J - Experience: ~ 'h --.'1e/Iof.'7' C. 'm {,.;( .r.oj,."y ure r"-.-vC/ Advisory Board Application Agenda ftg*frJoo~3 September 11, 2007 Page 20 of 44 tuckersam From: filson_s Sent: Tuesday, July 17, 2007 11 :26 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: gulfcitruscapron@earthlink.net [maiito;gulfcitruscapron@earthlink.net] Sent: Tuesday, July 17, 2007 11:20 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/17/2007 11 :20:25 AM. Name: !Ronald 1. Hammell Home Phone: ~39-481-77911 Home Address: 111250 Bienvenida Way #2011 City: 1Ft Myersl Zip Code: 1339081 Pbone Numbers Fax: 1863-675-80871 Business: 1863-675-1 e-Mail Address:jgulfcitruscapronlal.earthlink.ne~ Work Place: [Gulf Citrus Growers Association! How long have you lived io Collier County: n Have you ever been convicted of any offense against the law? JB:2I Are you a registered voter in Collier County? JB:2I Board I Committee Applied for: !Rural Lands Stewardship Review Comrnitte~ Category: !Agricultural Representativel 7/18/2007 , Advisory Board Application Page 2 of2 Agenda Item No. 9D September 11, 2007 Page 21 of 44 Do you currently hold public ofllice? ~ ural Lands Assessment Area Oversi ht Committe Do you currently or ever served on a Collier County Board or Committee? ~ Education: \BA Public Relations, UFI Ex erience: gricultural industry as Executive VP and public relations Five-County Region Citro Grower Mana ement Association Collier, Charlotte, Hend , Lee, Glades 7/18/2007 Agenda Item No. 9D September 11, 2007 Page 22 of 44 DR. JAMES T. HORNER 4704 OSSABAW WAY NAPLES, FLORIDA 34119 (239)596-1339 e-mail: jim-connie@comcast.net July 09, 2007 Sue Filson, Executive Manager Collier County Commission 3301 U.S.41E Naples, Florida 34112 Dear Ms. Filson: Attached is my application for Rural Lands Stewardship Area (RLSA) Reveiw Committee. Should you have questions, or need further infonnation, please feel free to contact me. Thank you, C2~ ,;;-- James T. Homer . ~ ,..c~ . .. ....~-..~> Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34H2 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9D September 11, 2007 3of44 Application for Advisory CommitteeslBoards Nanie: Jl'lI~ T Homer Home Phone (239)5~1339 Home Address: 4704 Ossabaw Wav. NaDIes, Florida Zip Code: 34119 Fax No. Business Phone: E-mail: jim-connie@comcast.net Place of employment: Retired University Admistratorl Professor and Army Officer Board or Committee Applied for: Rural Lands Stewardship Area (RLSA) Review Category: Lay person Hem long lived in Collier County? 16 years 6 months Are you a registered voter in Collier County:. YES Do you currently hold pUblic office?.J'iQ.... Have you been convicted-?.J/Q.- Do you now serve, or have you ever served, on a Collier County board or committee?,~ Ust the committeslboards:, Productivity Committee 2001~2004 concllrr~nUrlJ~~.tl. with Rural Lands Ste\WardshiD Committee (developed eward-winning growth management--1'.lanl!"d thus,j,RSLA) review seems a natural next steP. Developed _Universrty programs for years and always evilusted resu~~ --- -. - Please list your community activities etc. and positions held: Since 2004-Chm. Trustees (2000+ members) North Naoles Methodist Church. ,!!l~1 Djrect~r.'-Je56_l1omes) IslanctWa1k Homeowners.AS!?n. Finances G.Q!!lmItteeJ_Chr. Covenants Committee and Chr. Security Com!!l.~~~!J~_~_~~_r1i_-::-F~r~,~~_~~to~!!.._,~I'!~_,.~~~urer intem~nal professional associations. Education: BS MS. PhD. University of Missour1-Columbia. Post-Doctoral Michiaan State Universltv. Experience: Hiah School and Adult Teacher- Missouri and Iowa (5 years)emphasis-Ieadership, earth sciences, agriculture. economics/management. University AdmlnislratloJ!.PI~_r~'''ch andt..ch.i~g (30 years)-University NC-R.I.~gh. Mlchlg~n_~~!Jniv~rs.l!Y...'!!l~____ University of Nebraska-lincoln-leadership. Staff Development, Teach~r Education. Program Planning. Financial Management: Ag Extension in Nebraska, big issUes rural development and zonin~. , Authored scores of artictes and books, plus seminars and presentations. - -- - --..--. ---, . stili own a working farm i~. Mi~ouri._.__.____~___ ~ctive duly in Korea. contlnulna to command several Re&efVe and NaUonal Guard units to ~rement as Lt. Colonel. Advisory Board Application Page 1 of2 Agenda Item r,o. 90 September 11, 2007 Page 24 of 44 tuckersam From: filson_s Sent: Friday, July 13,200712:42 PM To: luckersam Subject: FW: New On-line Advisory Board Application Submitted From: jim.howard@wachovia.com [mailto:jim.howard@wachovia.com] Sent: Friday, July 13, 2007 11 :32 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/13/200711:31:37 AM. Name: ~im Howardl Home Phone: 1239-514-15841 Home Address: ~253 Heritage Greens Driv~ City: lNaplesl Zip Code: ~41191 Phoue Numbers Fax: ~39-598-75981 Business: ~39-59 I -79201 e-Mail Address:liim.howardlaJ.wachovia.coml Work Place: IWachovia Bank. NAj How long have you lived in Collier County: 15-101 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? IY e~ Board I Committee Applied for: !Rural Lands Stewardship Area Review Committeel Category: lNot indicatedl 711312007 y Advisory Board Application Agenda ft~*,e~oo~3 September 11, 2007 Page 25 of 44 Do you currently hold public ofllice? ~ ~ served on the original Rural Lands Stewardship committee from 2000 to 2002.1 Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: currently serve on the Board of Directors of the Immokalee Friendship House an ve previously served on the Board of Directors of the United Way of Collier oun and the SW Florida Council of the Bo Scouts of America. Education: Graduate of the University of Oklahoma in 1979 with a degree in Busines dministration. Exnerience: ~ have spent my career working with financial institutions, with most of that time ~ocusing in real estate lending. I currently manage Wachovia's Real Estate Financial Services GrouD for West Florida. 7/13/2007 Advisory Board Application Pa<>e 1 of2 Agenda 11<llii No. 90 September 11, 2007 Page 26 of 44 tuckersam From: filson_s Sent: Wednesday, July 18,20077:48 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: rjohnson68@comcast.net [maiito:rjohnson68@comcast.net] Sent: Tuesday, July 17, 20075:35 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/17/20075:34:45 PM. Name: !Richard Harold Johnson! Home Phone: ~39-455-16971 Home Address: 1680 Weber Blvd N.I City: lNaplesl Zip Code: 1341201 Phone Numbers Fax: ~39-657-29671 Business: ~39-657-55351 e-Mail Address:kjohnson68(li)comcast.ne~ Work Place: ISunniland Grove~ How lon~ have you lived in Collier County: !more than 151 Have you ever been convicted of any offense against the law? lliI Are you a registered voter in Collier County? IY e~ Board I Committee Applied for: lrurallands stewardship area review committeel Category: ~and owener in the RLSAI 7118/2007 T Advisory Board Application Page 2 of2 Agenda ItElfn No. 9D September 11, 2007 Page 27 of 44 Do you currently hold public ofllice? ~ Do you curreutIy or ever served on a Collier County Board or Committee? ~ Please list your community activities: I Education: !B.S. Construction Tcehnology from Eastern Kentucky Univ.1 7/18/2007 .. "~.._-~-------_._._.~-- ----~-_.." Advisory Board Application Page I of2 Agenda ItEffi1l-.Jo. 9D September 11, 2007 Page 28 of 44 tuckersam From: filson_s Sent: Saturday, July 14, 2007 8:57 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: andrewm@ConselVancy.org [mailto:andrewm@ConselVancy.orgj Sent: Friday, July 13, 2007 S:42 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E, Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/13/20075:41:33 PM. Name: [Andrew Scott McElwainel Home Phone: ~39-272-55651 Home Address: 11690 Birdie Drivel City: Naplesl Zip Code: ~41201 Phone Numbers Fax: I Business: ~39-403-42IOI e-Mail Address: !andrewrn(il)Conservancy.orgj Work Place: !conservancy of Southwest Florid~ How long have you lived io Collier County: 11-21 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? Iy e~ Board I Committee Applied for: !Rural Land Stewardship Area Review Committeel Category: Not indicate~ 7/16/2007 r Advisory Board Application Page 2 of2 Aaenda Item No. 90 September 11, 2007 Page 29 of 44 Do you currently hold public ofllice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Education: .s., Carnegie Mellon University, Pittsburgh, PA M.A., George Mason University, airfax, V A B.A., Duke Universi ,Durham, NC Ex erience: resident, Conservancy of Southwest Florida, current President, Pennsylvania nvironmental Council, 1999-2005 Director of Environment Programs, The Heinz ndowrnents, 1993-1999 Consultant, The Conservation Fund, 1991-93 Legislative ssistant and Subcommittee Staff Director, U.S. Senator John Heinz, 1985-1990 Also served as Adjunct Faculty at the University of Pittsburgh and Carnegie Mellon niversity. former Board member of: Pennsylvania Wildlife Federation, Western ennsylvania Conservancy, Great Lakes Protection Fund, Sustainable Energy Fund 0 entral Pennsylvania, Dollar Energy Fund, Poconos Environmental Education Center, Pennsylvania Organization of Watersheds and Rivers, and a former member of the enns lvania De artment of Environmental Protection's Citizens Adviso Council. 7/16/2007 Advisory Board Application Page I of? Agenda ItE!1'n No. 9D September 11, 2007 Page 30 of 44 tuckersam From: filson_s Sent: Tuesday, July 17, 200711:05 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: amegrath@landplanningsolutlons.us [mailto :amegrath@/andplanningsolutions.us] Sent: Tuesday, July 17, 2007 10:48 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/17/200710:48:27 AM. Name: !Allison Delaine Megrathj Home Phone: 1239-455-51541 Home Address: ~290 14th Street NEj City: lNaplesl Zip Code: 1341201 Phone Numbers Fax: 1239-455-51541 Business: 1239-304-68371 e-Mail Address:!amegrathlaJlandplanningsolutions.usl Work Place: !Land Planning Solutions, Inc.1 How long have you lived in Collier County: ~ Have yon ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: !Rural Land Stewardship Area Review Committeel Category: 1N0t indicated! 7118/2007 Advisory Board Application PalZe20f2 Agenda Its'li11'JO. '90 September 11, 2007 Page 31 of 44 Do you currently hold public ofllice? ~ Do yon currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: to become Chair of the Promised Lands Section of the Florida Chapter of the Americ lanning Association (August 2007-2009) (held Vice-Chair position from 2004-2007) - arent Teacher Organization (PTO) Liaison to the Board of Directors for Christ Community Lutheran School- 2007-2008 and 2005-2006 Church School Leader, anderbilt Presb terian Church Education: achelor of Arts (Hons.) in Urban Studies University of Toronto Toronto, Ontario, anada I 993 Ex erience: _ Professional Land Use Planner since 1993 - member of American Institute of Certifie lanners (AICP) - Worked as a planner in both public and private sectors throughout career in Canada, Florida and North Carolina - Started own consulting firm in Naples Land Planning Solutions)in March 2007 - Previously employed at WilsonMiller, aples office, in Rural Land Stewardship Business Unit from January 2005 - March 2007 - while at WilsonMiller involved in drafting Ave Maria Stewardship Receiving rea document, assisted team with St. Lucie County RLSA establishment and project anager for Highlands County RLSA at Blue Head Ranch - after leaving WilsonMiller and at client's request, remain as project manager for Highlands County Rural Land Stewardship Area at Blue Head Ranch - experienced in all other aspects ofland lanning, zoning and permitting (rezonings, Developmcnts of Regional Impact, omprehensive Plan Amendments, site development plans and amendments, variances, and severances, ermittin ,etc. 7118/2007 Advisory Board Application Page I of2 Agenda item No. 90 Septernber 11, 2007 Page 32 of 44 tuckersam From: filson_s Sent: Friday, July 20, 2007 7:46 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: nanceg@earthlink,net [mailto:nanceg@earthlink.net] Sent: Thursday, July 19, 2007 8:13 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/19/20078:13:25 PM. Name: trimothy 1. Nancel Home Phone: 1239-455-22831 Home Address: /PO Box 9901291 City: lNaplesl Zip Code: 134116-60611 Phone Numbers Fax: 1239-455-58711 Business: 1239-641-54141 e-Mail Address: ~anceglaJearthlink.neq Work Place: !Gargiulo, Inc.1 How long have you lived in Collier County: /more than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: iRLSA Review Committeel Category: 1N0t indicatedj 7/20/2007 T Advisory Board Application Agenda~~~ ~oo~b September 11, 2007 Page 33 of 44 Do you currently hold public ofllice? IH2I \CAC Collier County MPO East of951 Committeel Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: resident: Golden Gate Estates Area Civic Assoc. Board Member: Frangipani Ag ommunity Civic Assoc. Volunteer Poll Worker Collier County Volunteer: Collie oun Public Schools Education: A University of Florida I Chemistry, Pol.Science BS University of Florida orticulture UF Certificate Holder: Environmental Studies Experience: ~O+ Years Agribusiness Managemen~ 7/20/2007 Advisory Board Application Page I of2 Aoenda Item No. 90 September 11, 2007 Page 34 of 44 tuckersam From: filson_s Sent: Friday, July 13, 2007 10:37 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: rnino@vanday.com [mailto:rnlno@vanday.com] Sent: Friday, July 13, 2007 9:S7 AM To: filson_s Subject: New On-line Advioory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/13/20079:56:35 AM. Name: !Ronald F.Ninol Home Phone: ~39-495-l4991 Home Address: ~3 5th Stree~ City: !Bonita Springsl Zip Code: b41341 Phone Numbers Fax: ~39-436-46361 Business: 1239-437-46011 e-Mail Address:lmino(Q)vanday.com) Work Place: jvanasseDaylor,LLPI How long have you lived in Collier County: ~ore than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Rural Lands Stewardshipl Category: IN ot indicatedl 7/13/2007 . Advisory Board Application Page 2 of2 Agenda Item No. 90 September 11, 2007 Page 35 of 44 Do you currently hold public ofllice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: ~ Education: !Bachelor and 2 masters, Mich. state Univ.1 Experience: !professional community planne~ 7/13/2007 ~"-~"~_.._--~~-_...._~_.-,... - Advisory Board Application Page 1 of? Agenda Itern f\Jo.-go September 11, 2007 Page 36 of 44 tuckersam From: filson_s Sent: Saturday, July 07, 2007 9:16 AM To: tuckersam Subject: FW; New On-line Advisory Board Application Submitted From: Neno@naples.net [mailto:Neno@naples.net] Sent: Saturday, July 07, 2007 7:44 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 71712007 7:43:43 AM. Name: JNeno J. Spagna. DPA, AICpl Home Phone: ~39-455-21681 Home Address: 13850 27 Avenue swj City: lNaplesl Zip Code: 1341171 Phone Numbers Fax: I Business: I e-Mail Address:JNeno(alnap1es.ne~ Work Place: Icily of Naples, FJorid~ How long have you lived in Collier County: Jrnore than ] 51 Have you ever been convicted of any offense against the law? IB.Q] Are you a registered voter in Collier County? ~ Board I Committee Applied for: !Rural Lands Stewardship Area Review CommitteeJ Category: /Not indicatedl 7/9/2007 T Advisory Board Application Page 2 of2 Agenda Item No. 90 September 11, 2007 Page 37 of 44 Do you currently hold public ofllice? ~ Collier County Rural Lands Area Assessment Oversight Committee Past Chairman, ollier County Airport Authority Past Chairman, Collier County Water and Wastewate uthority Collier County Fair Board Collier County Citizens Advisory Committee. valuation and Review Committee, Chairman, Housin Committee Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: olden Gate Citizen of the Year 2004 Past President, Golden Gate Estates Area Civi ssociation Chairman, Naples Preserve Program Committee Past Chairman, Golden ate Fire and Rescue District Education: octor of Public Administration, Nova University 1978 A.S., Urban Manaagement an dministration, Manatee Junior College, 1975, Summa Cum Laude M.S. Urban and egional Planning, Universidad del Valle, Cali Colombia, 1966 (Organization of merican States Scholarship) M.S. Geography, University of Tennessee, 1954 M.S. iolo ,Universit of Miami, 1954 Ex erience: urrently Employed by City of Naples 1980 to 2000, President, Florida Urban Institute, (Private Planning Consultant) 1973-1979, Planning Director, Collier County, Florida 1966-1973, Planning Director, Manatee County, Florida 1956-1966, Planning Director, all wood, Florida 7/9/2007 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9D September 11, 2007 D 0 8 of 44 Application for Advisory Committees/Boards Name: Thomas M. Tavlor Home Phone: 239-514-0896 Home Address: 481 Carica Rd. Zip Code: 34108 Fax No. 239-254-2098 Bnsiness Phone: 239-254-2000 e-mail address: tomtavlor<alhmenl!.com Place of Employment: Hole Montes Inc. Board or Committee Applied for: Rural Lands Stewardship Area Review Committee Category (if applicable): Enl!ineer and Landowner Example: Commission District, Developer, environmentalist. lay person, etc. How long have you lived in Collier County: Years 23 Months!! Are you a registered voter in Collier County: Yes 1& No Do you currently hold puhlic office? Yes No 1& If so, wbat is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Yes No K Do you now serve, or have you ever served, on a Collier County board or committee? Yes ~ No_ If yes, please list the committeeslboards: Original Gro\\1h Management Plan Committee Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Current: YMCA Board of Trustees - Chair Elect; Greater Naples Chamber of Commerce Board: FGCU School of Engineering Board of Advisors: CREW Trust Board. Past: Economic Development Council Board: Collier County Fair Board. United Wav Board: Leadershin Collier Class J: Leadership Southwest Florida: Leadership Florida Class XVI Education: Bachelor of Science. Environmental Enl!ineerin!!. University of Florida 1979 Experience: Mv professional experience as an engineer in Collier County for more than 23 years should be helpful as a committee member. As a General Partner of Lake Trafford Ranch (fonnedy Pepper Ranch). a 2500 acre property near Immokalee. I have specific experience with the RLSA program. Our Ranch is one of three landowners that have applied for and obtained Stewardship Credits from Collier County. Please atto.ch any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Napks, FL 34112. lfyou wish, please fax your application to (239)774-3602 or e--nudl to suefi/so~merpov."et. Thank you for volunteering to serve the citizens of Collier CountY. .. Advisory Board Application Page 1 of2 Agenda lle1'11 No. 9D September 11, 2007 Page 39 of 44 tuckersam from: filson_s Sent: Friday, July 13, 2007 12:42 PM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: fntjr@aol.com [mallto:fntjr@aol.com] Sent: Friday, July 13, 2007 11:41 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/13/200711:41:04 AM. Name: !Fred N. Thomas Jr.1 Home Phone: 1239-657-54471 Home Address: 11205 Orchid Ave.1 City: ~mmokale~ Zip Code: 134142-28301 Phone Numbers Fax: I Business: 1239-657-81811 e-Mail Address:ifutjrial.aol.coml Work Place: lRetire~ How long have you lived in Collier County: !more than 15\ Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: lRural Lands Stewardship Area Review Comm.1 Category: !Not indicatedj 7/13/2007 Advisory Board Application Page 2 of2 Agenda Item No. 90 September 11, 2007 Page 40 of 44 Do you currently hold public ofllice? ~ mmokalee CRA Advisory, IMPVC, CAC ofMPO,Immokalee Water and Sewe oard 10 ~ou currently or ever served on a Collier County Board or Committee? Ye Please list our communi activities: ast President or Chair of: Immokalee Rotary, Immokalee Chamber 0 ommerce, CCPC, IMPVC. Education: /B.A. Psychologyl 7/13/2007 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 n'vL 01D2D1 Agenda item No. 90 September 11, 2007 aae 41 of 44 Application for Advisory Committees/Boards Name: Pel!I!V E. Whitbeck Home Phone: 239- 353-2367 Home Address: 1450 Kaook Street City: NaDles Zip Code: 34117 Fax No. 239-594-9566 Business Phone: 239-594-9770 e-mail address: De!!l!V.whitbeckrWironstonebank.com or pe!!Whitbe(tilaol.com Place of Employment: IronStone Bank Board or Committee Applied for: RURAL LlINDS STEWJ\RIlSHIP AREA (RLBA) REVIEW COMMITTEE Category (if applicable): Example: Commission District, Developer. enviroDmentalist, I.y pcl"SOll, de. How long have you Jived in Collier County: Years: 21 Months Are you a registered voter in Collier Couuty: Yes _X_ No Do you currently hold public office? Yes_ No_X Ifso., what is that office'! Have you ever been convicted of any offense against the Law? If yes, explain: Yes No.-x Do you DOW serve., or have you ever served, on a Collier County board or committee'! Yes Uyes, please list the cODlmitteesfboards: Jim Coletta's Civic Advisory Committee No Please list your commuuity activities (civic clubs, ueighborhood associations, etc. aud positious held: President, Secretary, and Treasurer of Frangipani Ag Commuuity Civic Association, currently serving as Treasurer; Past Treasurer and current Secretary of Goldeu Gate Area Estates Civic Association; Past Treasurer of tbe Golden Gate Chamber: Past Board Member of the Naples Kiwanis Club; Member of Jim Coletta's Civic Advisory Committee: Cleveland Technical Society. Many other volunteer activities that are too numerous to mention, Le. Adopt a Precinct Clerk for 2006 election aud again Clerk for the 2008 Electiou. Education: Mauy years of education in Chemical Industry, Computer Industry, and Financial Industry. Experience: 15 years of Research and Development for Sherwin William, 6 years of Computer development, 19 years of Banking and Financial P1auninl! Agenda Item No. 90 September 11, 2007 Paae 42 of 44 Plt!flSi'Dttaclt flI9' tuIditio1ulJ Infot'mlllion YOMf<<l pe~1It. TIds ltpf1Iicat;on sIuHd4 be ftlrwanJed tv SIle Fibon. Executirle Mtmllgu to the_ofCounty~ 3301 East r_r-,Napk>, FL34112. If_ wisIo,pkssefllXJ'OIITIIpp1lclllionto (139) 774-3602 ", e~MIIi/ to !,"~fil..oW:iL'c()llieN!oJ'.net nllnk you for vobmtunng to serve tire dtiuns ofCo/lkr Coullt}'. T Advisory Board Application Page 1 of2 Agenda Item No. 90 September 11, 2007 Page 43 of 44 tuckersam From: filson_s Sent: Wednesday, July 11, 2007 8:26 AM To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: davewolfley@aol.com [mailto:davewolfley@aol.com] Sent: Wednesday, July 11, 2007 8:26 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/11/20078:25:34 AM. Name: pave Wolfleyl Home Phone: 1239-455-61161 Home Address: ~250 - 1st Ave. NWI City: lNaplesl Zip Code: \341191 Phone Numbers Fax: ~39-352-2l0ol Business: ~39-216-25851 e-Mail Address:ldavewolfleyra)aol.coml Work Place: \Retired! Bow long have you lived in Collier County: ~ore than 151 Have you ever been convicted of any offense against the law? 1821 Are you a registered voter in Collier County? ~ Board I Committee Applied for: !Rural Lands Stewardship Area Review Committeel Category: 1N0t indicatedl 7/1112007 Advisory Board Application Pa!!:e 2 of2 Agenda Iletn l'Jo. 9D September 11, 2007 Page 44 of 44 Do you currently hold public otllice? ~ Jcollier County Planning Commission) Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: oilier Rotary Club - President Elect Golden Gate Civic Assn. - Former Jim Coletta ivic Advisory Group Naples Area Chamber of Commerce - Former CBIA - Forme DC - Former , CO Colorado School of Mines - Golden, CO Ex erieDce: y former position with Time Warner Cable allowed me direct contact with evelopers, home builders, land owners, county staff and elected officials; that couple ith my term on the Planning Commission, and many community activities, provides e with reat insi ht as to the future rowth of Collier Coun . 7/1112007 . EXECUTIVE SUMMARY Agenda Item No. 9E September 11, 2007 Page 1 of 18 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on August 10, 2011, to the Collier County Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member oC the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. The terms for Harold Mays and Eugene J. Schmidt expired on August 10,2009. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM, Marvin D. Courtright Aviation, State Contractor, Env Protection 5 ,?es None James W. Murray Business, Mgmt. Sales. Aviation 2 Yes None Andrew Holmes Bate Legal, Insurance, Business, Mgmt 2 Yes None Lloyd A. Byerhof Accounting, Finance, Business Mgmt, 4 Yes None Aviation George Prescott Duensing Fngineering, Mgmt, Aviation 5 Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial ~ no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11,2007 Page I of I AClenja Item ::;,c'r.mcrnrA::r 1'1 P:'iCje::-' 18 COLLIER COUNTY BOARD OF COUN1Y COMMISSIONERS Item Number: "EO Item Summary; Meeting Date: A,Opol;ltrnentoimer.,flNstotrleCollierCounty.lwpcrtt,JtrlOri\y ni11i2Ui7,JOOOCiJ:.,M Prepared By Sue Filson EXeClJtivc Manager to the Bee D~tc Board ofCounly Commissioners BCCOffice Approved By James V Mudd County Manager Date BoardofCOlJnty County Manager'sOfiice 816/20071105 AM Commission"rs file://C:\AgendaTest\Export\88.September'1020 II, %202007\09.%20BOARD%200F%20CO.. 9/5/2007 i:.cenda item [\10. 9E September 11. 2007 Page 3 of 18 July 30, 2007 Sue Filson, Executive Manager Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Sue, RE: Collier County Airport Authority Board The Collier County Airport Authority (CCAA) has reviewed the appiication for the above-referenced Board, and has concluded that the following applicants are qualified to serve as members on the CCAA board. Applicant Area( s) of Expertise Marvin D. Courtright James W. Murray Andrew Holmes Bate Lloyd A, Byerhof George Prescott Duensing Aviation, State Contractor, Environmental Protection Business, Management, Sales, Aviation Legal (member of the FL Bar), Insurance, Business, Management Accounting, Finance, Business Management, Aviation, Engineering, Management, Aviation Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. Thank you. Theresa Cook Executive Director Agenda Item No. 9E September 11. 2007 Page 4 of 18 Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Michael Klein 355-6429 03/13/07 08/1 0/09 2 Years 208 Allen Avenue; P.O. Box 5025 695-0595 Everglades City, FL 34139 E-Mail: nfuI9842@naples.net District: 5 Category: Mgmt; economics; engineerlng;E-City resident Mr. Harold Mays 10/24/06 08/10/07 2 Years / 600 Collier Avenue P.O, (box I ~ 695-2864 Everglades City, FL 34139 E-Mail: District: 5 Category: Everglades City Resident Mr. Byron], Meade 775-0623 06/08/04 08/1 0/05 1 Year 1303 Cobia Court 775-0623 09113/05 08/1 0/09 4 Years __J Naples, FL 34102 E-Mail: jmeade6000@aol.com District: 4 Category: Business and Finance Mr. Franklin D. Secrest 289-5641 OS/22/07 08/1 0/09 2 Years 124 Wilderness Cay 389-4373 Naples, FL 34114 E-Mail: gladehawk@earthlink.net District: 5 Category: Aviation - FAA Mr. Stephen L. Price 657-3171 08/10/93 08/10/97 4 Years 1400 N. 15th Street 657-1014 09113/05 08/1 0/09 4 Years lrnmokalee, FL 34142 E-Mail: District: 5 Category: PilotlFinancelBusinessman -( AW:d;;;~d;;.-'M:;23~io(h"='=~ ry:w ""-='~'~,",,<C"'"-'>i".'" _~,~_' -'C'-''',.~''C:::':::''.::_ -"'~ Page 1 of3 c ( I Airport Authority Aaenda Item No. 9E Seplember 11. 2007' . Page 5 of 18 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr, David R. Gardner 289-5862 03/13/07 817 Giralda Court 642-4410 Marco Island, FL 34145 E-Mail: annedavidl@earthlink.net District: 1 Category: Construction; eng & Aviation; M.L resident Mr, Eugene J, Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: emai1l@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263-3444 12/15/04 '.<" C''''",,''''.,;-,:.' L; ,,,,,-_, __ !,-':.C;Y;; --""'~";''-'A''.='=:; Wednesday, May 23, 2007 Page 2 of3 0811 0111 4 Years 0811 0/99 08/10/07 1 Year 3 Years -.","'.'-,= l".,.~~,,,,,,,~C-' ;',,", .~- / Aqenda Item No. 9E September 11, 2007 Page 6 of 18 Airport Authority Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. Tom Palmer, County Attorney 774-8400 Board meets 2nd Monday of each month _. / FL STAT: 330 & 333 Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878 --I ~,,-.,-;,".:<:;_.. " ,1,",':;;"'1>."~" ~'''1<1,"~~pi'':.''':;. ,'"'1~'..'.:''' Wednesday, May 23, 2007 '''''''iT':' ~",:,:>.::c,:..,:;::. .-'," -~~-',">W"".~",-_ '~Pag~--foj3"-' " "",-,~.:;::'=:::'J',: "',""",';." Acenaa Item i\Jo. 9E September 11, 2007 Page 7 of 18 MEMORANDUM JUL 10 2007 PH 1:4 DATE: July 9, 2007 TO: Elections Office _ nY / Sue Filson, Executive Manager.:,X~ ; Board of County CommissionerkJ' FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees, Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT (/~ -tv-- Marvin D. Courtright 261 Matecumbe Lane Naples, FL 34114 s James W. Murray 800 Shadow Lake Lane Naples, FL 34i08 -.) ~ Andrew Holmes Bate 7371 Stonegate Drive Naples, FL 34109 ~ Lloyd A. Byerhof 100 Wilderness Drive, Apt, 3109 Naples, FL 34105 y George Prescott Duensing 8468 Radcliffe Terrace, #iOl Naples, FL 34120 .-- S Thank you for your help. . MEMORANDUM Agenda Item No. 9E September 11. 2007 Page 8 of 18 DATE: July 9, 2007 TO: Theresa M. Cook, Airport Authority Executive Director FROM: Sue Filson, Executive Manager ..J}f . Board of County Commissioners J ~ RE: Airport Authority As you know, we currently have 2 vacancies 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: Marvin D. Courtright 261 Matecumbe Lane Naples, FL 34114 James W, Murray 800 Shadow Lake Lane Naples, FL 34108 Andrew Holmes Bate 7371 Stonegate Drive Naples, FL 34109 Lloyd A. Byerhof 100 Wilderness Drive, Apt. 3109 Naples, FL 34105 George Prescott Duensing 8468 Radcliffe Terrace, # 1 0 1 Naples, FL 34120 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 caJl me at 774-8097. Thank you for your attention to this matter. SF Attachments . . . FFiJM FA>< NJ. - 2I30SleOO~1tpM' ~. 90= SepTember 11. 2007 Page 9 of 18 " ....-..- ,~.~' ,~ }u:. BE jt'~.r'"', . .. ',-I j .:;;.:t,t:t;;;,:t-',::,;...~:;~~, .." ~~ ., Bflurd of County Commi,sioncr\ 3~~tl1 Ei$,;ll,.miumi Tl':.til :-;"ple,. fLUlt2 (239) 774k097 Fl\x~ (~39) 1"-$.31,OJ. L ' .J;.J)l ~~~:"""-- Application for Advisory CommitteloslBoards Kame: MAR 1/ IN 'D, tou R r~ I G rI1" Home Pbonc: <;."!) 530 - 0519 Hom.Add",,, J,l,1 MJi1:eell/1&e l.AH~, NMLEfI. fl.. ZipCod<: .3lffJ't Fax ;\<o.~~).!I36'05'L' Ru,In..,. Ph.n.~") 5'6-~~Jq &omllll.dd.."" 1'1Jl"'/MAR:o/l/'"~1t~I..~6''' Place or Ernpl"pnent: NAPj.I>~ AUt tfllfE.P.. i>o.rd or Committe. .\ppli<d lor: tD LlIER. eol.l rJf'V A,,~.'oRr ~lJ'l'f(O"'I<,/ C::tf"gOf)' (if arplicnb!e): E,unlple: COlDml~on DhtrkL ~doper, PnvironrncIIUll"t, J:l.~' ~rfW)n, de. Ho" long hnt you Ih'~d in Collier County: Yea('$.J~ ~lontM ~_._ Art' )'ou:, registfl'ed HHtr in Collier County: Y("-.;.;' No Do ~'ou currenU" hold public ofti~1 y,,, If .\0, what b mat oITk'C" No .; Ru," ~ou .,'er been con,iclcd of un~' otTense against the La..? If,cs. e)ipll'ltn: 'l.'c<:.__ _NCl L.__ .__ 00 ~ GU DI>>f sen't', (If have you t."er :OCr\'etl. ~ :J. Call1er Cov"'Y board 01' I:Olrlnlllt('l(':- ':r'~~.j No If,,,,.pk.,,li,tltl...mlUlt1on1bo..d,, 1'1lJ..J..1J:.1l tDuliry RI/tpoltf' 1Wr1itJ#.I(Y PleOlllit list ,"UUI" community -'ctiVi.tiClil (ei\ic dubJt, nC'i;hborhood a.'HlOci)1tions, etc. iUtd po~ition'l h(:ld: 'ft~:"t1 ~:::jr.tI "'''1%, A'HEltleAIi J./1f110", !t/l4fll1'~, 1OCbli, t1R501lS, Education: !II Ii 6t11001. 6.t j ,1' N'~U.t1'i OF /'Mill/WIND, 4E~6E I.'" 1// e' NA Experience: II F 1i0 eeUNle 1I fi 1'1 E EAA$. un.J&.ED ~E.'f't(l '/'IIIIK liNt> j)/lJIIf<{ "re../I &Jl'rll.flaroll.- S1'ATE of F~t~ ~~ME~ir~:~l;,~1-~r;;1. rA~'fIOoJ. :iIM~ '{eNts. ~~. . _"~~ __IUNS ~_d_ J/I) P!f'wlllCl'4ch aMy AII4!t,nuu tTJJ,n'mft1IOll YM)rilJ'ntitJI:1IJ.. T/l.tt IIpplktUilHl ~/u~"lft bI'Igr-n.tUd (/0 s.,.. F"ipl, n,rUlil'f' ,'I.Qn~" to tJr.r Jjrxud r1fCtHUJfJ-' C__a"IiUl~ J5(Jj Ed T~ r,-/IIJ. Napl~ FL J.JI1J IfFCIfJ WISh. plt"GS'CfaxY<1lJI !l('PJi~aJirHll~ (:J9r"'./*J602 DT M.~l (~'$UrfibOIl(ikc1J;~Cl".ttrf.. 11IDIIJ. WJllJM .,.,WtU".,-t'1i: lc urvt' me dli.;A"" "f"C(JUirr CIIWlt)' Advisory Board Application filson_s -" From: joanandjimm@aol.com ,A1t: Thursday, July 05, 2007 10:46 AM ""ro': filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/512007 10:45:43 AM. Name: ~ames W. Murrayl Home Phone: ~39-5l4-481~ Home Address: 1800 Shadow Lake Lan~ City: iNaple~ Zip Code: 1341081 Phone Numbers Fax: ~39-5l4-20911 Business: ~39-248-28521 -'. e-Mail Address: noanandjimmlaJ,aoJ.comj Work Place: lRetired! How lon2 have you lived in Collier County: ~ Have you ever been convicted of any offense a~ainst the law? IB:2l Are you a registered voter in CoUier County? Iy e~ Board / Committee Applied fo . Category: iNot indicated! Do you currently hold public offtice? IB:2l Page I of2 Aqenda Item No. 9E September 11, 2007 Page 10 of 18 Do you currently or ever served on a Collier County Board or Committee? IB:2l -. Please list our communi activities: ember of FaciJities, Member Policy and Community Center Committees of Pelican Bay Foundation. olunteer at Na les Philharmonic and Friends of Art ofNa les Museum of Art. Education: 7/9/2007 Advisory Board Application Miami (Ohio) and Ohio Northern Universities,1 Page 2 of2 Aoenda item l\jo. 9E September 11. 2007 Page 11 of 18 . Ex erience: etired president Murray Company, Cleveland, Ohio manufacturers' representatives of hardware, tool d building supplies 1964-2000, Handled all aspects of running a small business. Inactive private ilot, former president of Westlake Aircraft Leasing, active in Cleveland AirSports flight school/flying lub 1994-1999, Also flew regularly to the three Collier County airports from APF. Former anagement Committee, board member and officer (including president) of a large Cleveland-area rivate club. Most recently retired as part-time regional sales manager for a sales agency selling uilding tools and materials to contractor supply distributors 2000-2006, US Naval Intelligence, Japan, o Secret C to hic securi clearance 1961-1964, . . 7/9/2007 T ~ July 4, 2007 Agenda Item No. 9E September 11. 2007 Page 12 of 18 Joan and Jim Murray 800 Shadow Lake Lane Naples, FL 34108 239-514-4812 Jim Cell 239-248-2852, Joan Cell 239-860-7521 Fax 239-514-2091, E-Mail Joanand.limMWlaol.com Resume - James W. Murray 2006 - Present: 2000 - 2006 ~ 1964 - 2000 1994 -1999 1961 -1964 1957 -1961 Retired. Serve on the Facilities, Community Center and Member Policy committees of the Pelican Bay Foundation. Active volunteer with the Phil and Friends of Art. I have no involvement or interest in any Collier County business. I have never served in public office or county boards. Full-time resident and registered voter in Collier County. Semi-retired. Part time as regional sales manager for State Side Sales, selling construction tools and supplies to contractor supply distributors. President, Murray Co., Cleveland, Ohio, Manufacturers Representatives of hardware and hand tools. Handled all aspects of a small business. Served on boards of local YMCA. JCs, church group. Also ten years as member of the Management Committee and Board, including a year as President of a large member-owned private club. Private Pilot, active at Cleveland AirSports flying club and flight school. President of Westlake Aircraft Leasing. Also flew out of APF regularly to Immokalee, Marco and Everglades City airports. Currently inactive pilot. U. S. Naval Intelligence, Naval Security Group, Kami Saya, Japan. Top Secret Cryptographic security clearance. Miami (Ohio) and Ohio Northern Universities, SA Business Administration. Married with grown children and nine grandchildren -. Advisory Board Application filson_s From: ahbate@earthlink.net .t: Friday, July 06, 2007 9:54 AM ~: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/6120079:54:27 AM. Name: !Andrew Holmes Bat~ Home Phone: 1239-598-59851 Home Address: 17371 Stonegate Drivel City: lNaplesl Zip Code: ~4lO~ Phone Numbers Fax: 1239-598-98551 Business: 1239-598-31311 . e-Mail Address:jahbate(aJ.earthlink.ne~ Work Place: !Health Management Associates, Incl How 10n~ have you lived in Collier County: ~ Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Airport Advisory Boar~ Category: 1N0t indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . activities: Center 2003 - 2005 Habitat for Humani 2002 - 2005 Education: IB.A. Washington College 1984 J.D. University of Baltimore 19871 7/9/2007 Page I of2 i\oenda item No. 9E September 11,2007 Page 13 of 18 r Advisory Board Application Page 2 of 2 Aaenda Item No. 9E September 11. 2007 Ex erience: Page 14 of 18 am a 20 year member of The Florida Bar and an experienced businessman and corporate executive. I currently Vice President ofHMA for Risk Management & Insurance and as part of those ~ esponsibilities I have interaction with APF in the maintenance ofHMA's aircraft and hanger facility d in insuring the premises for casualty and other losses. I am interested in aviation and the ppropriate maintenance and reasonable management of the aviation assets of the community. As an viation enthusiast (I am not a pilot) I am aware of the issues facing airports including everything fro oise to accomodation to access. As an employee of HMA I use the APF facility regularly as a assenger on company owned aircraft. As a passenger in private aircraft I have also used the ver lades Ci and Immokolee fields. -, -. 7/9/2007 Advisory Board Application filsOD_S From: byerhof@comcastnet Sent: Thursday, July 12, 2007 11 :33 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/121200711:32:44 AM. Name: !Lloyd A. Byerho~ Home Phone: 1239-261-44381 Home Address: 1100 Wilderness Drive, Apt, 31091 City: lNaple~ Zip Code: ~4105-26451 Phone Numbers Fax: I Business: 1239-777-966q e-Mail Address:/byerhofla)comcast.ne~ Work Place: lRetired) How lon~ have you lived in Collier County: [IQI Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !collier County Airport Authorityl Category: !Not indicate~ Do you currently hold public offiice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: I Education: !B.S. (accounting maiod 7/12/2007 Page 1 of2 Agenda Item No. 9E September 11, 2007 Page 15 of 18 '....-.."P', Page 2 of2 Aoenda Item No. 9E September 11, 2007 Ex erience: Page 16 of 18 ertjfied Public Accountant. Twenty-six years with an international accounting firm. Retired as a aging partner. President/owner of a money management firm, I have a single engine land and se ommercial pilots license with instrument and glider ratings. I served on the board of directors and as the treasuer of the lntematinal Aerobatic Club (a division of the Experimental Aircraft ssociation)for four years. My flying experience includes competition aerobatics, air shows and owing gliders, I was a board member and chairman of the audit committee and designated "financial xpert" for a publicly owned bank, Currently I am the president of the Wilderness Country Club and ondominium Association. " Advisory Board Application 71I2/2007 filson_s Page I of2 Agenda Item No. 9E September 11, 2007 Page 17 of 18 Advisory Board Application ~t: From: gpduensing@comcast.net Friday, July 06, 2007 12:47 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/6/2007 12:46:33 PM. Name: !George Prescott DuensingJ Home Phone: ~39-354-2767j Home Address: 18468 Radcliffe Terrace #1011 City: iNaple~ Zip Code: 1341201 Phone Numbers Fax: ~39-354-2767j Business: I . e-Mail Address:~pduensing(a.)comcast.ne~ Work Place: jRetire~ How lonli: have you lived in Collier County: ~ Have you ever been convicted of any offense ali:ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Airport Authorityl Category: !Not indicated) Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: aples Optimist Club Birmingham (MI) Optimist Club - President Michigan District - Optimist In!'!. - t. Governor Habitat for Humani - Pro' ect Leader Condominium Association 2 - President Education: 7/9/2007 T Advisory Board Application IBSME - University of Illinois - Jan. 19521 Page 20f2 Aoenda Item No. 9E September 11, 2007 Page 18 of 18 . -. 7/9/2007 . Ex erience: S Navy - LTJG - Assistant Engineering and Damage Control Officer - Destroyer - 1952-54. Naval eserve thru 1960. Kraft Foods - 1954-1974 - Project Engineer, Project Manager, Engineering upervisor - Milk processing plant design, engineering, construction & operation. Ecolabs -1974-75 - .P. Engineering, Processing Plant Equipment Design Division. Marriott Walker Corporation - 1976 1990 V.P. Engineering (Processing equipment for the food and dairy industries). Also 2005-2006 for roject management of large heat recovery system install- ations (air to air) and evaporator designs. ersonnel training. Duensing Engineering Group, Inc. 1990-2000 - Various projects for the dairy and ood industries and consulting for plant processes and facilities improvements. Private Pilot - 1978 to resent (774 hrs.), Aircraft Owner - 1981 to 2006 - Piper Arrow 8404C Seasonal resident Collier oun since 1999. Permanent resident Jan, 2007, EXECUTIVE SUMMARY Agenda Item No. 9F September 11. 2007 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on December 31,2007, plus a full term expiring on December 31, 2009, to the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee has 1 vacancy. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. TernlS are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. This seat has been vacant since June I, 2006. Numerous press releases were issued and 1 resume was received from the following interested citizens: APPLICANT CATEGORY .!illiI ELECTOR AnV. COMM. I James J. Gault I Resides within District ~ None COMMITTEE RECOMMENDATION: James J. Gault FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirnling the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Page 1 of 1 Aaend8ltenl r--Ic 9F Sept(;:mt)(;J 11, 2007 P;lge 2 ofB COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: DF Item Summary: Meeting Date: ;'U:;D!nlment of rnemnu:o tne Isles of Cact; F:re Cmtru: Dislmct Ad\':SOfV Commi:ree 'JI11i:'C87 bOO,DO"M Prepared 8y Sue Filson Execuhve Manager to trll" Bee Dnte BOilrd of County Commissio"er~ Bee Office Approved B)' James V. Mudd County Manager Date Board of County Commiss,on!lrs County M~nnger's Office 81G120071:SJPM file:! IC:\AgendaT est\Export\88-September%20 11,%202007\09. %20BOARD%200F%20CO.. 9/5/2007 ISLES OF CAPRI FIRE / RESC~~~~~11'~o~~ Paae 3 of 8 Memorandum Date: Ref: Sue Filson Chief Rodriguez 08/03/07 To: From: Vote on Advisory Board Member On August 2,2007, the Isles of Capri Advisory Board voted unanimously to recommend Mr. James Gault for the vacant slot on the board. 175 CAPRI BLVD. NAPLES. FLORIDA 34113 OFl<lCE: (239) 394-8770 . FAX: (239) 394-5862 . WWW.CAPRIFlRE.NET T Aaenda Item No. 9F September 11. 2007 Page 4 of 8 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William Rafeldt 11/28106 1308 Mainsail Drive, #911 389-1209 Naples, FL 34114 E-Mail: District: 1 Category: Resides within MSTU Mr. Joseph Langkawel 06/20/06 159 San Salvador 389-3698 Naples, FL 34113 E-Mail: langkawel@comcast.net District: 1 Category: Resides within MSTU Mr. Kirk P. Colvin 642-0157 12/13/05 163 San Salvador Street 642-0157 Naples, FL 34113 E-Mail: kirk@nicoProductions.aol District: 1 Category: Resides within MSTU Mr. Thomas E. Decker 01/23/07 425 San Juan Avenue 394-0300 Naples, FL 34113 E-Mail: bojede@comcast.net District: I Category: Resides within MSTU vacant Naples, FL 34113 E-Mail: District: I Category: Resides within MSTU -' .~, -:-",xxo,=:-.,-" -"'-'~:"'-:J;-""- Friday, January 26,1007 Page 1 of2 12/31/08 12/31/08 12/31/07 12/31/08 12/31/05 2 Years 2 Years 2 Years 2 Years /' .I\genda Item No. 9F September 11,2007 Page 5 of 8 Isles of Capri Fire Control District Advisory Committee Name Work PllOne Home Phone Appt'd Exp. Date DateRe-appt 2/ldExpDate Term 2/ld Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. 394-3206, fax 394-5862 FLSTAT 125.0t Staff: Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394-8770 Friday, January 26;--2007 Page2of2 r Agenda Item No. 9F September 11, 2007 Page 6 of 8 MEMORANDUM JUliO 2007 PM 1:45 DATE: July 9, 2007 FROM: Elections Office jf Sue Filson, Executive Manager . Board of County Commission , TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees, Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ISLE OF CAPRI FIRE CONTROL DISTRICT COMMISSION DISTRICT James J. Gault 242 LaPeninsula Boulevard Naples, FL 34113 I Thank you for your help. MEMORANDUM AgendEJ Item t\!o. 9F September 11 2007 Page 7 of 8 DATE: July 9, 2007 TO: Chief Emilio Rodriguez Isle of Capri Fire District ~ Sue Filson, Executive Manager Board of County Commissioners . FROM: RE: Isle of Capri Fire Control District Advisory Committee As you know, we currently have vacancies 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: James J, Gault 242 LaPeninsula Boulevard Naples, FL 34113 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 r 05/18/2007 08:35 2393945852 ISLES OF CAPRI FIRE Board of County Commissioners 3301 East Tamiami Trail 1'aplel. FL 34112 (941) 774-llCllJ7 Fax: (941) 774-3602 PAGE 02 Aoenda Item No. 9F September 11,2007 Page 8 of 8 . Application for Advisory Committees/Boards Name: JA"IC-S J GA<..JLT HODlePh~D.:Ql31'-I.oc.tJ-oC9" Home Addr_:O!<I;;l L.aP,...;."..~ Q.. a/old!. l>a.ph"_ PI Zip Cod.: 3'-1/13 Fax 1'0.13'1-3"1" - 'i?S'ro11Jusin_ Pllo..:...jq -w,:;, - oo.;\:. .-mail addresa: i ,,,,,,,,,.lI.O\,w,..~@ ~...,~ <t.5+_.....e Baain...: (17 Ii tf Go 7311 f/l7o/(. T bill; t:.. - '-t!>fll'{ 6;;'" 1(..(."lz. Board orColllmil"" Appli.dfor: Z,>'/eS' llf Co.,,~; F;,c. Gd",..J - Category (if applicable): v.......pk: Co'.....luioo DldrkC, On>d6per. nri.......mnh"li.t.l..1 P-nctD, ttt. Are YOI . reclsler.d YGter I. Collier COUll!)': Yes~_NO .~ Do YOD <vr",.tly hold publi< om<., Ve. If so. 'Wtuit ,. dllIt .meet Do you nOW Sf", er "'w yM IrftI" served, H . C..uier Cou.ty bunt II" COIa..ittee? "i cs If l""'. ple_fiot tIl. ......i_n1s: No v N. v" Pie... Ibt beld: vr <~muD!ty a<llv ieo (<Me <lab", Deighborbood ...oeiltIOD.~d ,RO"iliGIlS, -~ ~ EdllCatioll: rn E:f B 'e~~ ~- O.J,:v4 p", R ~ a.-. Lb _ c::,;. LA-sS6D,e 0 I'll T ~... .... '\. WlCtK\ S'~/4-"'! D '1' Experlelleel I /,.0"0 .C>clO 1M 5DS o.-..Q ppfi. . - . o~ 3'. CL-::I 0... &-." \A";"~O~'VI"""'''o.''''bn.- ob,OJ<' n~A~Q\:J1a~r~ ~ --- nf!tlJJl' flfIUlI .", ctlllillJeMl ''''.",,-'011 ,.", I'd pertht~,.1. TAu .,pUtllfif>" ,..,dtt "'~ lp".,.,ded '0 Sue 'Utili,., Eu(',,';ve Ma.",er 10 Iht 8i.t.'_ (lletHIfft;P c.."'....~ 3J'1 But r..I"",1 r",1. Napl~s, FL }411 1. IIYfHI II'fI"'. plnl#~ fax:,rlllr Ifpplic.JJo" ~ (P" 1 )1'7J-Jti02 "r f'oMGU", ,..(~~...... 7Tr..,..",~ ,,,....rA,,c:iri:t.. o/C~ C....". EXECUTIVE SUMMARY Agenda Item No. 9G September 11, 2007 Page 1 of 3 APPOINTMENT OF COMMISSIONER TO SERVE ON THE COUNTY CANVASSING BOARD OBJECTIVE: To appoint a Commissioner and an Alternate to serve on the County Canvassing Board for the 2008 Elections. CONSIDERATIONS: Florida Statutes 102.141 states: (1) The county canvassing board shall be composed of the supervisor of elections; a county court judge, who shall act as chair; and the chair of the board of county commissioners. In the event any member of the county canvassing board is unable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, such member shall be replaced as follows: (c) If the chair of the board of county commissioners is unable to serve or is disqualified, the board of county commissioners shall appoint as a substitute member one of its members who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. (d) If a substitute member cannot be appointed as provided elsewhere in this subsection, the chief judge of the judicial circuit in which the county is located shall appoint as a substitute member a qualified elector of the county who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. RECOMMENDA TION: That the Board of County Commissioners select a Commissioner and an Alternate to serve on the 2008 Canvassing Board who is not a candidate with opposition in the election being canvassed and who is not an active par1icipant in the campaign or candidacy of any candidate with opposition in the election being canvassed. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: September 11,2007 Page I of I i..genda hem No. 9G September 11. 2007 Paqt) 2 uf 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ~IG Item Summary: To appow,l" Co:nmiS5iorwr ane en lIlle~nate te> serve 01' tile County CallVassing Board tor tnE2WI''JEIp.ct,ons Meeting Date: 'li1,:20(); 200 OOi\M )'repared B)' Sue Filson E:~ecu1Ive ManJgcrtothe BCe D~te Board of County Camml5sioners BCCQffice 8114120019:45:01 AM Approved B)' Sue Filson E~l!cutiv~ M~nJger t(, the BCC D~lI! Boarct of County Commissioners SCeO/flce 811612001 (1:11 AM Approved By James V, Mudd County MJnager Date Board ofCoul1ty Comml5siol1nrs Countv Manaqer'sOffice 8!16120018:58AM file://C:\AgendaT est\Export\88.Septembcr'Yo20 I 1.%202007\09 _%20BOARD%200F%20CO _," 9/5/2007 Agenda Item No. 9G September 11, 2007 Page 3 of 3 JENNiFER j. EDWARDS SUPERVISOR OF ELECTIONS August 6, 2007 Honorable Jim Coletta, Chairman Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34] 12 Dear Chai~ ~~ . TheElorida.State Assp<;iation of Supervisors of Elections (FSASE) Canvassing Board Workshop will be held on November 30, 200iat The Florida Mall in Orlando. . . As you are aware, 2008 will be a busy election year and to ensure success for our Canvassing Board, ] strongly encourage that each Canvassing Board member and their alternate attend this valuable training. The Supervisor of Elections office ",ill pay the registration fee for the workshop; however, we are asking that each attendee be responsible for his or her own accommodations and travel. The first election requiring the 2008 Collier County Canvassing Board is the Presidential Preference Primary on January 29, 2008. Subsequent election dates are August 26,2008 and November 4, 2008. A schedule of the Canvassing Board meetings associated with these elections will be sent to the members at a future date. Please let us know the Board of County Commissioner's designated Canvassing Board member(s) attending this very important training workshop for the 2008 clection cycle. To aid in our planning, will you please share this information with us by September 15, 2007. Siric'erely, / i i . '--":-::::L-' '.~~:0~-:~~?f!. :,)/?' -":':} '(.) Jennifer 1. Ed,(ardo" i Supervisor ?ff:lections Collier Government Complex' Martin Luther King. Jr. Bldg. . 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: 239/i74-8450 . Fax 239/i74-9468 Agenda Item No. 9H September 11, 2007 Page 1 of 19 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE AFFORDBLE HOUSING COMMISSION OBJECTIVE: To appoint I regular member and I alternate member to fulfill the remainder of the vacant terms to the Affordable Housing Commission. -- CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. The Board of County Commissioners will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident ofImmokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county-at-large, the City of Naples-at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. Terms are 3 years. A list of the current membership is included in the backup. Mr. George R. Smith resigned on June 5, 2007 and Mr. Miguel A. Castillo's seat was declared vacant on July 24, 2007. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. James A. Warnken Finance 3 Yes None Sally A. Masters Real Estate 3 Yes None Jason Christopher Bailey Small Business Owner t Yes None Paul Nyce Finance 2 Yes None Dona Schrim Realtor/Affordable Housing 2 Yes None COMMITTEE RECOMMENDATION: James A. Warnken - Regular Member, term expiring on October I, 2009 Sally Masters - Alternate Member, term expiring on October I, 20 I 0 FISCAL IMPACT: NONE .'Iaenda Item No. 9H September 11, 2007 Page 2 of 19 GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Page 1 of 1 l,qeuJi.1 hem No, 9H September 11, 2007 PcL}f;:1 Df 1D COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ,iH Item Summary: Meeting Date: Appoirwnel1lo'rnen'lr)\'fSiDth",.,ttordablerWJSlng'::;OIllrT"SS!-:)" :i/11120;]7 8,00 OOAM Prepared By Sue Filson Execut,ve Manager to thf) BeC Date Board of County Commiss,oners I3ccmfice .<\pproved By Janll'~ V. Mudd County M~nagcr Date Board of County Commissioners County Manager's Office 8/20/20074:19 PM file:IIC:\AgendaTest\Export\88~September%20 11 ,%202007\09. o/020BOAROOIo200F%20CO.. 9/5(2007 Aaenda Item No. 9H September 11. 2007 Page 4 of 19 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant to Bec Marcy Krumbine, Director of Housing and Human Services August10,2007 Affordable Housing Commission The Affordable Housing Commission has received and reviewed the four applicants for one vacancy and one altemate vacancy on the Commission. The Commission is recommending the appointment of the following applicants to the Affordable Housing Commission: James Wamken - regular member - background in Finance, Naples Community Hospital, member of the Chamber of Commerce and the Economic Development Council, Essential Services Personnel participant (term to expire 9/10) Sally Masters - alternate member - background in real estate, member of NABOR, community and school involvement (term to expire 9/10) Other candidates: Dona Schrim - realtor, worked with developers of affordable housing Jason Bailey - small business owner and Marco Island resident Paul Nyce - financial services, optimist club member ... Affordable Housing Commission A.Qenda Item No. 9H September 11. 2007 Page 5 of 19 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James Al Pusateri 4971 Carromar Drive Naples, FL 34112 E-Mail: jpusat6700@aoI.com District: I Category: Attorney and Judge 02/13/07 2 Years 775-7029 Mr. Stephen J. Hruby 430-3005 06/12/07 1800 Gordon Drive 430-8011 06/12/07 Naples, FL 34102 E-Mail: shruby@architectsunlimited.com District: 4 Category: County - Architecture; Affordable Housing Dev ~ Mr, Miguel A. Castillo ~e~~r>,/( '\ 598-7565 09/12/06 6481 Autumn Woods Blvd. 1,'JyIO 566-7176 Naples, FL 34109 E-Mail: migueLcastillo@wachovia.com District: 2 Category: Finance/County - AL TERNA TE :5,0-1 Mr. George R. Smith . #- \q' 226-7479 09/12/06 509 Courtside Drive e'>'c.:( 263-4434 Naples, FL 34105 ( E-Mail: District: 3 Category: Rloanarranger@aoLcom Ms. Esmeralda Serrata 657-3649 OS/24/05 603 Nassau Street, Apt. 4 657-5838 Immokalee, FL 34142 E-Mail: cchafl@aoLcom DLvtrict: 5 Category: Collier County Housing Authority -, '-';.r:~;.c>;'",,.,-_,_;- 'C ...., 'l':.", - ",-",:~"__,-,.:,;".,,,.: '..:".~'>'-".:"'''',,,,,,_._-_,-_.,,.,' Wednesday, June 13, 2007 ="~,,,,,,,,,-,,:,,y:,,,. Pagel af 3 10/01/09 10/01/07 10/01/10 10/01/07 10/01/09 10/0 1/08 4 Months 3 Years 1 Year 3 Years 3 Years Affordable Housing Commission Name Work Phone Home Phone Appt'd DoteRe-appt Exp. Date 2ndExpDate .Aaenda Item No. 9H September 11, 2007 Page 6 of 19 Term 2nd Term Mr. John Barlow 4351 Gulf Shore Blvd., N, #19N Naples, FL 34103 E-Mail: johnbarlow@lerivage.net District: 4 Category: Safelite auto Glass 649-6380 02/13/07 649-6380 Mr. Larry H. Fleming 563 Park Shore Drive Naples, FL 34103 E-Mail: NaplesRealEst@ao1.com District: 4 Category: City 659-6464 05/09/06 434-2120 Mr, Cormac Giblin 649-4040 06/12/07 770 Fountainhead Lane 649-8918 Naples, FL 34103 E-Mail: CormacGiblin@wilsonmiller.com District: 4 Category: City of Naples Mr. Kenneth Kelly 435-0014 03/28/06 4260 16th Street, N.E. 354-2021 Naples, FL 34120 E-Mail: ken@kellyroofing.com District: 5 Category: Roofing Contractor - Resides East of951 Mr, Brian L. Goguen 262-2600 06/12/07 6210 Golden Oaks Lane 513-0663 Naples, FL 34119 E-Mail: bgoguen@barroncollier.com District: 3 Category: COUNTY - Bs Mgmt, EDC, Urban Lake Institute ,- ;:":'-. .~""..;.,.,.".",r;.,_~"e,,(;;,,~.c .. "".,_ Wednesday, June 13, 2007 Page 2 of] 10/01/10 04/18/09 11/18/09 10/01/07 10/0 1/09 3 Years 3 Years 2 Years 1+ Year 2 Years / ~ Agenda Item No. 9H September 11, 2007 Page 7 of 19 Affordable Housing Commission Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDale Term 2nd Term This 9 member commission was created on July 23,1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005-69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county-at-Iarge, the City of Naples-at-Iarge, the development community, affordable housing providers, financial institutions, the legal profession and realtors. On 12/14/04 the BCC adopted Ordinance 2004-77 to add 1 Altemate member to be appointed by the BCC. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005-69 changing the composition of the committee, 9 members and 1 altemate. The BCC will appoint 8 members, including the alternate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. --" Jessica Rosenberg, Deputy City Clerk 213-1015 FL STAT: none Staff: Marcy Krumbine, Housing & Huma Services Director: 774-8442 Wednesday, June 13, Page 3 of3 Agenda Item No. 9H September 11. 2007 Page 8 of 19 MEMORANDUM DATE: July 30, 2007 ,,--,;, :, ::.,,';/:~ TO: Elections Office jJ Sue Filson, Executive Manager ); Board of County Commissione . FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides, AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT James A.Warnken 208 Silverado Drive Naples, FL 34119 3 3 Sally A. Masters 4401 Pond Apple Drive, S. Naples, FL 34119 Jason Christopher Bailey 1272 Fruitland Avenue Marco Island, FL 34145 I Paul Nyce 9512 Chelford Court Naples, FL 34109 ~ ~ Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Thank you for your help. r MEMORANDUM Aaenda Item No. 9H September 11, 2007 Page 9 of 19 DATE: July 30, 2007 FROM: Marcy Krumbine, Housing anJ1Pdervices Director Sue Filson, Executive Manager . Board of County Commission rs TO: RE: Affordable Housing Commission As you know, we currently have vacancies 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: James A.Warnken 208 Silverado Drive Naples, FL 34119 Sally A. Masters 4401 Pond Apple Drive, S. Naples, FL 34119 Jason Christopher Bailey 1272 Fruitland Avenue Marco Island, FL 34145 Paul Nyce 9512 Chelford Court Naples, FL 34109 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 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 Advisory Board Application filson_s From: jwamken@markham-norton.com At: Wednesday, July 18, 2007 9:21 PM ~ filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/18120079:21:28 PM. Name: ~ames A. Warnkenl Home Pbone: 1239-353-10351 Home Address: ~08 Silverado Driv~ City: lNaple~ Zip Code: 1341191 Pbone Numbers Fax: j239-433-282~ Business: 1239-433-55541 . e-Mail Address: ~warnken(aJmarkham-norton.coml Work Place: /Markham Norton Mosteller Wright and Company! How lon~ bave you lived in Collier County: !more than 151 Have you ever been convicted of any offense a~ainst tbe law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: /Affordable Housing Commissionl Cate~ory: ~itizen At-Larg~ Do you currently bold public offfice? ~ Page I of2 Agenda Item No. 9H September 11, 2007 Page 10 of 19 Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: ollier County EDC Board Member 2001-2007 Naples Area Chamber of Commerce Board 2007- urrenl Leadershi Collier 2001 Leadershi Lee 1999 Education: 7/19/2007 Advisory Board Application !Lehigh University- B.S. Degree in Business, Majoring in Accounting! -, -. 7/19/2007 Page 2 of2 Agenda Item No. 9R September 11, 2007 Page 11 of 19 . Ex erience: urrently Business Consultant with Markham Norton Mosteller Wright and Company 2000-2006- xecutive Vice President and CFO, NCH Healthcare System 1995-2000- CEO DSl Laboratories 1992 1995- Vice President of Finance, Naples Community Hospital 1987 -1992- CFO, Brandywine Hospital d Trauma Center, Coatesville, Pa. 1984-1987- Ass!. Controller, Naples Community Hospital 1981- 1984- Audit Manager, Coopers and Lybrand, CPA's 1978-1981- Audit Senior, Deloitte Haskins and Sells, Philadel hia, Pa Advisory Board Application filson_s Page lof2 Agenda Item No. 9H September 11, 2007 Page 12 of 19 -~-_'_------_'_--,-----,----~-_._._-.----_._---------- ...._-----~---- From: TT4N@aol.com .t: Tuesday, July 17, 2007 6:02 PM ~: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/1712007 6:01 :35 PM. Name: ISally A Master~ Home Phone: 1239-592-58531 Home Address: ~401 Pond Apple Dr sl City: lNaple~ Zip Code: IEIT21 Phone Numbers Fax: 1239-592-156~ Business: 1239-253-157~ . e-Mail Address:rrT4Nralaol.com) Work Place: \Coldwell Banker Real Estate! How long have you lived in Collier County: /more than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !collier County Affordable Housing Commission! Category: /Not indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: 1994-96 Cedar Montessori School PT A President 1998 Seacrest Country Day School Board of irectors member (1 year term) 1997 PT A President Seacrest Country Day School 1999-2001 Naples oller Hockey Board Of Directors 2000-2002 President Naples Roller Hockey 2005 NABOR eadership Development Class Graduate 2005 NABOR MLS Committee Member 2005 NABOR 7/18/2007 . Advisory Board Application Page 2 of2 _ _ Agenda Item NO.9 ofessional Recognition Committee 2005 NABOR Leadership Development Class ~tdJ~f)(j)Iii, 20 7 ABOR Committees and Sub-Committees (approx 12 in total) 2006 NABOR Membership ~riihm~ 9 ice Chair 2007 NABOR RP AC Committee member & RP AC Ambassador 2007 NAB OR embership Committee Chair 2007 NABOR MLS Committee member 2005 Gulf Coast High School . undraiser Chair for Boys Soccer Team (N & Varsity) 2006 Gulf Coast High School Fundraiser Chai .. or Boys Soccer Team (N & Varsity) 2007 Gulf Coast High School Fundraiser Chair for Boys Soccer eam (N & Varsity) 2006-2007 Organized End-of year J.V, and Varsity Boys Soccer Team Dinners approx 80 people) 2006 Sponsor for Naples Optimist Soccer Team Member ofFLChapter of WCR Womens Council of Realtors Member of NAB OR a les Area Bd of Realtors for ast 7 ears Education: S in Business Management and also completed college in the UK (where I am originally from). lorida Real Estate Brokers License E-Pro Desi tion -. Ex erience: moved to Florida 26 years ago and have lived mainly in the Naples area since arriving. I am a U.S. itizen as of May 1999. My husband hs been involved with the County for many years (on different ommittees) and has a great reputation also. I have been involved in many different Charities example:Step By step, American Cancer Society) over the last 15 years, raising money and awareness or great causes. I pioneered the PT A at Cedar Montessori School and organized their first major draising event-a Luau at the Ritz Carlton Hotel! Their PT A has grown and continues to raise funds or the school, I was also President of the Seacrest Country Day School PTO and a member of their oard of Directors for I year. My database includes many influential people in the Naples area-most 0 hom are good friends! I became a Rea1tor(R) approximately 7 1/2 years ago and have developed an xcellent reputation among my fellow Realtors@ in Naples, FL I serve on many committees at our local oard: Naples Area Board of Realtors@ and continually feel the need to be involved with our ommunity. I continue to be involved with my children and activities/fund-raising at Gulf Coast High School, especially with the Boys Varsity Soccer Team, My oldest son started at the United States Air orce Academy 3 weeks ago, and we are very proud to be associated with the Academy, I enjoy many ommunity activities and because I have been in Naples for so long, have seen the growth and changes t have occured. I would greatly enjoy being a part of this Commission and feel that my knowledge fNa Ies. m contacts and m dili ence and hard work would reatl enhance the Commission. -. 7/18/2007 Advisory Board Application filson_s From: Jason Bailey [jbailey@alliedpavers.com] "t: Thursday, July 12, 2007 12:14 PM ~: filson_s Subject: RE: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/1212007 12:13:07 PM. Name: ~ason Christopher Baileyl Home Phone: ~39-642-37881 Home Address: 11272 Fruitland Avenu~ City: !Marco Island) Zip Code: ~41451 Phone Numbers . Fax: ~39-394-610~ Business: ~39-394-61521 e-Mail Address:nbailey(tl)a1liedpavers.coml Work Place: iAJlied Paver Systems, LLCI How long have you lived in Collier County: ~ Have you ever been convicted of any offense against the law? ~ I Are you a registered voter in Collier County? ~ Board / Committee Applied for: I Affordable Housing Commlssionl Category: !Not indicated) Do you currently hold public offfice? ~ . Do you currently or ever served on a Collier County Board or Committee? ~ 7/12/2007 .. Page I of2 Agenda item No. 9H September 11. 2007 Page 14 of 19 Advisory Board Application Page 20f2 Agenda Item No. 9R Education: September 11. 2007 igh School Graduate, Some College Level Courses Taken, and mise, tradelbusiness related' o. 19 d courses." ~ '~ -. 7/12/2007 Ex erience: usiness Owner since 1998 in Collier County. I have owned and operated a computer networking ompany, a landscape/irrigation company, and I currently own and operate an interlocking brick aver company serving Collier County, I am married, have two children, and enjoy living in this area, would like to serve in some ca ac1 ,if I am needed. Thank ou for our consideration. Advisory Board Application filson_s Page I of2 Agenda Item No. 9H September 11, 2007 Page 16 of 19 From: pauljnyce@comcasl.net 6t: Monday, July 09, 2007 3:33 PM ~: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/9/20073:32:55 PM. Name: !paul Nyc~ Home Phone: 1239-593-33581 Home Address: 19512 Chelford Cou~ City: !Naple~ Zip Code: ~41091 Phone Numbers Fax: ~39-287-26581 Business: I . e-Mail Address: ~auljnyce(a)comcast.ned Work Place: /Unemployed Bankeq How lon~ have you lived in Collier County: !ill Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Affordable Housing Commission! Category: !Not indicatedj Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Education: 7/9/2007 Advisory Board Application IB.A. Temple UniversityJ Page 2 of2 Agenda Item No. 9H September 11, 2007 Page 17 of 19 4 Ex erience: have been in Financial Services for more then 12 years. My expertise in real estate, lending, cas ana ement and financial ~ervices make me a successful candidate for this sition. -. -. 7/9/2007 Advisory Board Application filsOD_S Page 1 of2 Agenda Item No. 9H September 11, 2007 Page 18 of 19 From: Schrim3@aol.com Sent: Monday, July 09, 20072:11 PM . filson s "'r.:'bject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/9120072:10:39 PM. Name: !Dona Schrimj Home Phone: ~39-596-10741 Home Address: 17513 Cordoba Circl~ City: \Naplesl Zip Code: ~41091 Phone Numbers Fax: /239-659-33331 Business: /239-659-42821 . e-Mail Address: ISchrim3(a),aol.comj Work Place: !prudential Florida WCI Realtyj How lon2 have you lived in CoIlier County: [Ig Have you ever been convicted of any offense a2ainst the law? ~ Are you a re2istered voter in CoIlier County? ~ Board / Committee Applied for: !Affordable HousingJ Category: !Not indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a CoIlier County Board or Committee? ~ . Please list vour communi activities: unior League- volunteer Sunshine Kids- Fundraising Habitat for Humaruty- committee member for a les Area Board Of Realtors Philhannonic Lea ue-fundraisin Education: 7/9/2007 . Advisory Board Application ~ years Art and Music Major Virginia Intermont and Oberlin Conservatoryl Page 2 of2 Aoenda Item No. 9H September 11, 2007 Page 19 of 19 Ex erience: eal Estate Developer in Ohio and Kentucky, Florida License Realtor. Currently working wi evelo ers in findin ro rt to build affordable housin in Collier Coun . . . . 7/9/2007 EXECUTIVE SUMMARY Agenda Item No. 91 September 11, 2007 Page 1 of 18 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY HOUSING FINANCE AUTHORITY OBJECTIVE: To appoint 3 members to serve 4 year terms to the Housing Finance Authority. CONSIDERATIONS: The Housing Finance Authority had 3 terms expire. This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Ternls are 4 years. A list of the current membership is included in the backup. The term for Suzanne Bradach expired on August 3, 2007, the term for Rayburn Cadwallader will expire on October 12, 2007 and the term for George C. Mohlke, Jr. expired on June 25, 2007. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. CO MM. Ralph Eckhardt Labor Relations 3 Yes None George C. Mohlke. Jr.-reappt Labor and Commerce 4 Yes Housing Finance Authority Health Facilities Authority Rayburn Cadwallader-reappt Law/Business 2 Yes Housing Finance Authority Suzanne Bradach-reappt Finance 4 Yes Housing Finance Authority James R. Gibson, .Ir. Political Science 1 Yes None ATTENDANCE: George C. Mohlke, Jr. - perfect attendance Rayburn Cadwallader- missed I meeting Suzanne Bradach ~ missed I meeting COMMITTEE RECOMMENDATION: George C. Mohlke, Jr. ~ reappointment with term expiring September II, 20 II Rayburn Cadwallader ~ reappointment with tenn expiring September 11,2011 Suzanne Bradach. - reappointment with ternl expiring September] I, 20 II FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Page 1 of I f'I.'lenda 1\0'11 No. 9i Seplember i 1. 2007 Pcl')\;:: of -18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 01 Item Summary: Meeting Date: .,o,upo'ntment Of memDer~ to the rlou~mg i'inance Authority '0!1'i.'2007S-,OCUOAM Prepared By Sue Filson E~"cutive Manager to the Bee 0;'1'" Board afCounty Commissioners Bee OIf,ee Approved By James v_ Mudd County Marlager Date Board of County Commissioners County Manager'sOfllce 8121120074:11 PM file://C:\Agenda T est\Export\88-September'%20 11,%202007\09. %20BOARDo/0200F%20CO.. 9/512007 Agenda Item No. 91 September 11. 2007 Page 3 of 18 Housing Fi1Ul1U:e Authority of Collier County 5150 Tamiami Trail North, Suite 502 Naples, Florida 34103 (239) 263-8060 Gary D. Lind Chairman Michael CtuT Vice-Chairman GeoTJIe C. Mah/lce, Jr. Secretary Suzan"e Bradm:h Member Rayburn CtulwDlkuler Member DoIllJ1d A. Pickworth Coun.ellO AuthoriJy, Anu/ant Secretory August 21,2007 Sue Filson Executive Manager Board of County Commissioners Collier County Courthouse, BuiIding"F" 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Appointments to Housing Finance Authority Dear Ms. Filson: The Housing Finance Authority has vacancies as a result of the expiration of the current terms of members George C. "Chuck" Mohlke, Suzanne Bradach, and Ray Cadwallader. All three members have conveyed their desire to be re-appointed and, as Chairman of the Authority I recommend their re-appointment. All three have been members of the Authority for several years, and have served with distinction. Mr. Mohlke serves as our secretary and brings to the Authority a wealth of civic involvement and perspective on our programs. Ray Cadwallader is involved in several affordable housing initiatives and is very involved in advising and assisting the Copeland Civic Association. Suzanne Bradach has many years of analyzing and structuring tax-exempt bond issues for the NCH HeaIthcare System. All of these individuals bring to the Authority and the County and sincere and conflict of interest-free desire to serve our community. Their attendance records during their terms have been nearly perfect. Mr. Mohlke has not missed any meetings during his years of service, and Mr. Cadwallader and Ms. Bradach have only missed one meeting in their years of service. Our staff has reviewed the applications ofthe others who have applied, and they appear to be qualified for membership. Nevertheless, the three existing ..-..,..,'........'. Agenda Item I~o. 91 September 11, 2007 Page 4 of 18 members who have applied for re-appointment have demonstrated by their previous service their worthiness for re-appointment, and I highly recommend the re- appointment of George C. Mohlke, Suzanne Bradach, and Rayburn Cadwallader. If you need further information, please give me a call, h'O=, Gary D. Lind Chairman Agenda Item No. 91 September 11, 2007 Pags 5 of 18 ( , Housing Finance Authority Name Work Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Suzanne Bradach 949-6115 04/22/03 08/03/07 4 Years / 3133 Carriage Circle 262-3825 Naples, FL 34105 E-Mail.' District: 4 Category: Finance Mr, Rayburn Cadwallader 04/27/04 10/12/07 3 Years ./ 1090 Egrets Walk Circle 514-4082 Naples, FL 34108 E-Mail: raysteaml@ao1.com District: 2 Category: Law/Business Mr. Michael J. Carr, Sf. 261-1113 06/25/02 06/25/06 4 Years 12802 Pond Apple Dr. W. 591-4295 7/25/06 6/25/10 4 Years ( Napies, FL 34119 E-Mail: mcarrsr@ao1.com District: 3 Category: Finance & Real Estate Mr. George C. MoWke, Jr. 262-1410 06/25/02 04/13/03 10 Mos. / 1400 Pompei Lane, Unit 45 04/27/04 06/25/07 4 Years Naples, FL 34106 E-Mail: District: 4 Category: Labor and Commerce Mr. Gary D. Lind 262-8800 03/21/95 03/21/99 4 Years 4001 Tamiami Trail North 07/24/07 07/24/11 4 Years Naples, FL 34103 E-Mail: District: 4 Category: Finance ( ~~7__" :~::"'.. c- -",~,.'. -_'.~_:;-,_~;:.~';_'::",'.':__f ... .._ Thursday, July 26, 2007 '"",...,.;;: -_~"""C;: ..-l'.'.<:~." Pagel of 2 Agenda Item No. 91 September 11 2007 Page 6 of 18 Housing Finance Authority Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 5 member authority was created by County Ordinance No. 80-<56 on July 29, 1980, pursuant to Chapter 159, Part IV, Florida Statutes as a govemmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance, or commerce. Terms are 4 years. FLSTAT: 159 Staff: Attorney Don Pickworth: 263-8060 .. Thursday, July 26, 2007 _;:..;<,c Page 2 of2 Agenda Item No. 91 Septembel' 11, 2007 Page 7 of 18 MEMORANDUM JUliO 2001 PH 1:45 DATE: July 9, 2007 TO: Elections Office diP Sue Filson, Executive Mana r ' Board of County Commissione . FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County, Also, please list the commission district in which each applicant resides. HOUSING FINANCE AUTHORITY COMMISSION DISTRICT Ralph Eckhardt 450 Logan Boulevard, South Naples, FL 34119 3 George C. MohIke, Jr. 1400 Pompei Lane, Unit 45 Naples, FL 34103 Lj Rayburn Cadwallader 1090 Egress Walk Circle Naples, FL 34108 ~ Suzanne Bradach 3133 Carriage Circle Naples, FL 34105 4 James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 ( Thank you for your help. MEMORANDUM Agenda Item No. 91 Sepiember 11, 2007 Page 8 of 18 DATE: July 9, 2007 TO: Attorney Don Pickworth Sue Filson, Executive Manager- ~l \ Board of County Commissione~<\ FROM: RE: Housing Finance Authority As you know, we currently have vacancies 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: Ralph Eckhardt 450 Logan Boulevard, South Naples, FL 34119 George C. Mohlke, Jr, 1400 Pompei Lane, Unit 45 Naples, FL 34103 Rayburn Cadwallader 1090 El,'l'ess Walk Circle Naples, FL 34108 Suzanne Bradach 3133 Carriage Circle Naples, FL 34105 James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 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 .JU...-86-2027 09:53 Fr"om:8iU LOC~ 1975 :15':;73918123 OfIOG/O? 09:59 AM Page 2 of ~ . . . . Tf):123977~3602 P.l"4 Aaenda Item f'-lo 91 September 11. 2007 , ""P-ageg-'ot 18 :~~ r-~ Board of Counly CUalmis,i,,"t!.., J301 .But Tnmi:uni Trnil Nat)ltll, li'T. 34112 IZ'9) 7'4~O~7 I'.x: (Z~9) 714.;,1(,02 1(' . 'Lt~!J" . _, I ,," ! , . U l>,J Application for Advisory COlllllliUees/Hoards l' i7, - Name: 1tC..!:>tt ,-,.<=.t< H,+-~..J) I lIu.... ,\dd....." 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PIt!.,I,t Ii~t ynur mn\n\unJ.y "cti\"iti.:s (~i",k duul;., 1It;;l:!hbumt,od 1Jfili.\lciati,...'1~, (1.('" and pos.itjol1~ h('ld: 1:.-(1l1~at1()I\' LI'f1Sc~ .r'n~J) I ~ ~ /S/k-<.h. <'~ c I=' ..r 0': RRi*-~S , Expl:'ril:'fl(,<:___ :;; ~T Y ~-\; L .p-.$O.-:2.. fkau tlIlaCh Ul}' MdiII"JlIlJ *1f.,,.<<ilifVtllf j""pnlfJl,,,. 1'1U$tIIIIJkUHl .lI&hWtbtlj_,uIb>II lll.~.. Fi/.olm, E14'fillil" llIU31ffiT I" Iiu n 'tJI"fi ill f'~'WIl)-' t. '(lnUm",lIifnt!n, 1 !()I E_ TfllfttMtt Trill/., ,..,_t.-,,\ n, f" Ill. IJ )'. 1Vf~. pC,.... ,Iil.v I'OIU tlPP'C,.Mi 16 0") ':"I-,i6(fl. ..,."wli Ill' mil'flL'Dm!JrIlJltrP"'_1W. Thllnk J"..r... "''''''.'''''''rw'~ Hnot"I1u ~tzh.rNf ~(,~ut,,. n"u.fl.' JUL-05-2007 09:53 From:3TU LOCRl 1975 354i3913:l3 To:123977~3502 P.2....4 Aaenda Item No. 91 September 11,2007 Page 10 of 18 ~ RAI.PH E, ECKHARV'I' JSO 1.01:1111 Boulevard South Napl~s, Florid:l34119 954.486.6250 (Work) 954.ti46.8789 (Cdl) WORK EXPFRII,I\CIi 1998.Pr~'.1\l ]l)<H.',I)I)l:{ -. 1988-1998 . HIWWAR[) TEACIII::RS I :NION, FLORIDA EDlJCA nON ASSOCIATION, AfT, NEA. AFL-CIO Nego(mt]on~. (irll~:vt1l1('e~ flnd urbilmtlOn Edu(~atiDn Pn,)gram~, Dal..1 collection IOt:),Vlt>W C()tHl'iIJUl.;I.;,:, COlilral.:L inlerprcratinn. Di,c;pl ;",;/D;,,'hargo DIRECTOR or lBGISI.ATtON AND rOLlTJc.~1. ACTION, M'SCME OHIO, ArL-CIO OhiO i\FL.(,JO C::.rnp;lign CoordinulOr, Pmpn.'\IIIl,\Il-''''ol'J.:er;:' CompCll.<;.nliul1, APSCMI::. Cill1ll1lllgll CoonJinarnr fnr' Ohio C\Ill~n.:~:-;ional rJce(; A~SCME Cflmpui~n Coordifllll,nr for Uhll) r h.1u~c i.lnd St'nnrc ".'T' Ohio ('oolitiol\ of F.rl'"ly ,HId A<J~qlIO'Y of School Funding. BUilding E\""'''',,l School> for roday nnd Iii,' 2 i,1 ('emury (HEST, Co.llition Labor Rt:pre~~nr:lli\',". EduC'nli(,)Ij Gouls 1000, Ohio Dq)~'l1(!nC'nll)fEullcntinl1 DIRE(TO~ OF LEGISLATION AND POLrtlCAL ACTIOS, nAP:)!:,. AFSCME LOCAL 4. !\FL-C10 Din:d Icgislntive .Il("tlVlty .1S k;::i:"4.l,liv>: .lgent, :o.:r)l.:~:i;tliitng ill educatioll, health care: illl(llill)(,.Jr i:-'l'iues, Direct liJlj(I!l poJitk;;d action c{llnmiul"C' Dircclllllion n:seo.n.:h pmgrnrns Dil'ect all unf;".. labor pr~u,,:lh:\,," mId rerrc.<';t~I'tati(ln ('n~'~ WiLh lhe Lnhol' Bn~rd_ Dm:l.:l :.111 tll1lt.m t'ducation pn"grnills SIIPCrviSllf - Union r~("lre...t'ntntjv<" ~U\u orgalllz:ng cnmp:lign:,. CUIIIJUt't il1\'t'srigDlion ctnd ft,:'C011UlICfHlilllun of alllllHlIll artlitrariori :.md Iegrll CClse~t LatH.lf IqJn:.,,\l,;llliJtivl', Ohio l>Cp~lrtm(.Jlt Qfc.uu\:utioll. Edlln:li(.ln Coalilion. Labor rcpr('selltlltlve.H,'allh CJr~ COallllOJ1. ^\1mllli~trfitnl ill pllllllllllg. dcvdnrl11('tlt (tIlU aJ)plk:alioll ()f ~l.:lk1Jl..Id~' I!HitHll}pt'ration~1 position:-.. ACU\le role.' :1lll11ion'~-;(~~,~ c.:()n\'~mi(lf) Dil't'cr lvgtll (.....~Vlt~W of' SlUl~'llg('IlCj(:s' Icg!....I:11ivt' l'uh:s that Mf~cl' public cmp'ny~'('.... AudlOr of PAC h:g1.\/atiw n~w,..dl;;th:r. Suu~ lalmr n.-'pti:~'rH;'llivt' on II'D.ll.';roniUloll i....'1llr.' arrt:.,('tlll~ r/lt"lli~' t.'mploy{'(..... Llbor l.epr~senlnt;\I(' Oil Ullie..! Sf,;hQ()j (Co \V(IJ'K Prngrnlll. JUL-06-20a, 09'53 From:8TU LOC"L 1975 3::A7391gJ3 To: 12397743602 P.3,'4 Agenda Item No. 91 September 11, 2007 Page 11 of 18 . 1'!~O.Il)KX 1'I7R-I'!XII . 1477-1 ?7S 19ih. jI..r:7 . LnbQI Il;pr\;;M.:ntati,,"( ,11 N:llino:ll Conf~j"('lK't.: t.lf Sltll~ lxgisIM.rw,'\, Labor reprc~ntrLtive, Tlllnl (J'I.IIII)' Management Uhio Dt.'parlm('IH uf ~du(.'nunn_ E1C'C'r~~c..i (t;,,'lrgalf lO Dc:111OCI'i\tic NatlOllill Cnllvclllllln, I ~H' CO:lgresslol",JI Di:-;.lrkl Lahul" I i:li..;on. ~ht.m.)(l BI'OWI\ fur Congress Cnnlr.l1gn. ,\FSCME~Ohi() S!<HC l'oorditlalfJI'. Ohill' COllgrc:\~i(jn:d l';ltT~, Lahm lini'\oll. Tr....J Slm:Lbnd for l'ongn;,,~~ C;tlHp;'lign. Lnbvl !ii.u~on. Greg DiDonAto tor COll,gI~I'>~ C'ampal~n. RF.PRGSENTATTVE, mol 10 ASSOCIATION or PUBLIC SCHOOL EMPLOYEC.~, AFSCMEC. Af'L.CIO Public ~\:~eIOI lU,..'goliluions of 1:11''')1" ('ontr:",~ts Civil 5l"1 vi!".''''.' appt:al rcpI'CSl!nt;1Tion, Arbitrations and ll1edl;ltklll'\ R~preS~n':lllVI..' fo!' \VUJ"-..TS. Cumpen~iltion fl.1'Id UnclllpIQ~'lI1tlll'U"t.~. llHeq"lICI:ltioll and ~lpplication of ~lilte p'lhli~: l.'IIl~loYt.'e IJ\\i. O,.~.miling. Publ k: ~t"ctm [.(11)( Ii I,J \Ai Edllcullon pl'~gmr~\", J\('S"ti:'ltiOI1~ OlIlJ ~d~,,'an(.'es, COUNSELOR, FURLOWiH f'I<UURAM. STATE OHJHIO, HALF-WAY HOUSE R~spol1"'lnli:!' for plogrnm Hpplk:atiun uf furloHgh$. Su~,ryi~d J1ns~el\ nn(l ililllTltry of k~',\'e, Coun,r,cl,"o llwn on 't(lt'i~d and family Issue" COIuJuCI(:t.: alcoholic.' and drug meetings. Plt'pari.~d prl)~ri,;~~ n:pm1s on rht; individuals ill the prugmm Rl'sponsible for m:lIn1el1nnc~ of (luk.r 'oJ.'ithln hou"ing faCIII{Y INTERV1EWER ~.Cc)NOMICS Dl!P.\RTMENT, CITY OF C'tNCINN.\ n OHIO Preparlllioll or l..'co:lumic ~ur\'ey.;; t1nd reports (.I:li~UII V. ilh bll.!-.ln~!\.~ eXCCllliv~<.; on (:,XlI'Oi'TIll" qu~stlons. Illk)'vi...'wing. COIllI1lUlllcC/flon \\illll hllsinr...,S and mdu~try on Item~ [)f (~Il)pluym;..nt production. C{).-;t". IOCj\{jOll, Ill.llr.:riuh ~llld trl1l1~IKlrlil(IDlI Fo!lnw.llp l\r ~llr\'l'Y,\: initiatjrl~ ront<lcts. \.l,.ith olh...'r s~T\.'iC'('~; REPRESCNTATIVE. OFFIU..I'ROFESSIONAL El\,tPI.OYl:itS iNTERNATIONAL U:-!IO'i Rt'p~t'\l'nt.ulillll of t'mployet'~ 10 UIll{,)IHlI:lll~lg,t'lIIt'lIl rt.!:ltlon~. N~~o[jation\ nt IJhor NllllnH.'I'\ Org:lf)i7il'g /;uerpll'taliulI ;uld app11i"',111()11 or rc'cJl,,'{:11 Lahor 1.<1\\1.." Nnti(Jlll.tl Lahor Hdat;ofl) Acl. Equnl F.mpluyrm:l1t OPPoltunity Act, Ol'l'lfr~llion.11 SnL'ty ilno I k"lth .\t., Mld ell II Ri..d,b Act. Explnlluli(,,1[1 of rusiti{ms in lahor r~l:ninn,') am! 1~i..'r)f10ml('S of bbol .JUL-06-20,J7 O~I: 54 From: BTU LOCAL 1975 95<47J91Sl?3 To: 12397743602 P.4''4 Agenda Item No. 91 September 11, 2007 Page 12 of 18 ~ :1gl'("l:"l11~nt;<., R":-~)f'(:Sl;.'llliltiVt: (or Iflc<J1 uI110n,,>. Arbitrations :inn m~di:HioJ'l_ 1971-1976 ORGANIZER AND REPRESENTATIVI', I\ATlONAL L'NION OF HOSPITAL "'NO HEALTH <" ARE EMPLOYEES. NEW VOR K. ,<EW YORK R~pr~~entn',i(lr'l of ('lllIJ1o)'l...:\:s in llnion"mnll:lgellltl1f n.'lnl;OIl~. N(,'guli;ltiOlts of labOl' comUl'l',". Org,ani7ing of InL")Qf uniom. IHI:t:ling m,d ...,,-ceh CApel i~IH'-(;. llll,,'rpr~lation tlnd npplkllfinn of Fl'dt'ral Lnhor L~\'v~, ~adcllal Lanor ReJntiCln!i Act, I-:qllul El1Ipl(lYI1l~'lll Opp<Htllflily Arl, On,:upacIOllal Safety :lnd He.111l Act ","l CI"I Rl~ht' Act of 1%4. E:~.pJallnt.ion of pusllions in tabor 1'~Iil.l!Oth nrd cO~t~ of ngree-mtllbL RI.'pn.:Sl:nCltive for k)(:al UI1I(JI1~. Arbitrfiticl1"o nnd l'l.:-dialillll. I ')68-1'J71 PRF.SlDENT, NA T10)l,;^L CASH REGIST6R L"IDEPENDENT UNtO,", Local offic(:r', IInjul1-man:~g~ITlr:r.t reltltlons_ N~gotjmit)n~, Gri..:vunccs! ,i\I1..,irHuinll. EDUCAl'ION _. . NATlON.~I. LAllOR COLLEGE, Bnc!l,h)f ,,( Se'ent'C', Lahor Studies tTt\IVERSITY OF C1"\C1NNATI Three yc:w!': towar<.l:-. ~{Ba~'heJor of S(;i~l1c(, Oq~n.:l' in S'-X'I;.:II SClent:(.s. im.'ludin.l4 PS)clH.llo~y nnd Socinlogy, Mlllor.s III Lab(1/ R,laliolls and R(~hgjl.lll/rhilosophy. REFF.RF.NCES Cncio<ed . MAY-19-2005 12:e~ FROM: 239-262- 5ll TO:77~J5e2 Agend'Pltj'm !\Io. 91 September' 11. 2007 Page 13 of 18 . Fl'IIIer " Molllke Associa.n, Inc. 1400 Po..pei Lane - Unit 45 POll om~ Box 2311 Telephone: (239) 649-3090 Fa..i..Ue: (139) Z62-U50) July 6. 2007 The Honorable Sue Filson E,eculive Manager (Fax: 774-3602) Board of Commissioners of Collier County Third Floor. W. Harmon Turner Administration Building Collier County Govemment Center 3301 Tamiami Trnil E.es: Naple. Florida 34112 Dear Ms. Filson: Subject: HousinE Finance Authority ofeollier Count, By mea", of this Jelter and the accompanying application, I am submitting my name for consideration by the County Commission for reappointmenr as 8 member of the Housing Finance- Authority ofCoJlier County. . If further information is required regarding my ~ckground. my experience as 8 current member or th~ Huusing Fir.tlm:e Authorily, or any other matter - please edvise and I will respond in a timely manner. Please illY thanks for your assistance in submitting In.Y application. N:l~ George C. "Chuck" Mohlke, Jr. . . MRY-19-2005 12:09R FROM: 239-262- 50 TO: 7743602 Agend<jl>!~m No. 91 September 11, 2007 Page 14 of 18 ~ BOIrd oreo..I) Commmioncn 3301 ElSt T.m;,...i Trail, N."... norid. 34111 T.t.ph..: (239) 774-llO9'7 F.csimile: (239) '14.J6(J2 Applit.tion lOr tho Hou.io~ Finance Aut~orily orCDlller County fHFACC) ~: GeoriJC C. "Out<" Mohlke, Jr TeleohOl1e: (239) 262.1410 Ho.r.e Addres!i; 1400 Pompei Line - Unit 4~. N8PIes. Florida ZIP Code:: 34103-8971 .f.AX: (239.262~ 1150 Bw,;iru'l!i:'i T~:~nhnne: (239) 649-3090) E:m.Ail: fr.amohlQ)anl cnm ~: Fraser &. Mohlke Auocia!es. Inc.. a markel ro5oardl company A!'C ....0\.1 a rcilj~lcrcd vnler- in Collier Coontv; Yes (Voter Registration Number J 127's) Do \lelJ cutre'l'lv hold DubHe omce; No Do 'leu now serve or have VQU ever served. on a Collier Countv board orcom.mittec: Yes PIC<l.!liC!! li~t th~ hnard\lcommittc!!e!'O.; Hou~ing Finance Authoril}' of Collier Cmmty, Secreuuy (ser\lC!! pres- entiy); MerropoUulO Planning Organizatior, (MPO) 1'echnj~1 Advisory Committee repfe'Slenting Everglados City (serve presently); Health Facilities Authority of Collitr County (serve: presently); Collier County Election Resource Comminee (ZOOI-2002j; Rural Frmge Area ^"essment Ovmight Committee (199~. 2002); Coi1ier Counl)' Tran,il Review Advisory Comminee (1998-2000): MPO Citizen Advisory Commit- tee (1987.1995, Chairman 1990-1995); Coliier Counly fire DistriCt Con,ol!dlItion Study Group (Chairma" 1988.1991}; and Collier County TOUTi~ Deve~opmem CO\.l1Cil (1983~ 1987. Vice Chainnan 198~.1981). ~. Pleas.e list you communit\, acljvilie~ (ci...ic cluh!. neiQhborhood associations ek and Dositions held): ha\<c served on the Board of DirecTors of Carver Pimmce, Inc. a tiduciary.oversight board that oloniton the finances o~ the George Washing:ton Carver Apartments on behalf of the Naples C't}" Council (1983...1992, Chairm~n 198~.! Q(2). I was 11 fOIJndinS member of A ffordable Housing of Southwest F lorids, Inc., wh<lst acti",i:ies led ro the dtwelopment of Jasmine Cay. a 53-unit below-market-rate apartment complex located in Napl~!ii' River P<i~ cumfTIunily. In 1991. Governor l..awton Chiles appointed me to serve en a 9.member University Site Selection Committee (hat recommended locating Florida GulfCOBSt University (FGCU) on its present campus in Estero, Florida. M) previous community service includes: Davis Lawrence Commu" nity Men,"1 Health Center Board of Direttors (1997.2000): Planned "",'enthood or Collier Counly Board of OIrl:Cl0n (1995.200 I); and [he NAACP Executive Committee (ser\le presently). f have 'Served as the Chair of the Democratic Executive Comm ittec (DEe) of Collier County since 19AA and 8S State Committeemlm I om 8 member of the Central Committee and the State EXClc.nive Comminee of the Florida Democratic PlIrt)' and it~ stollcling commiuces on Affirmative Action, Clubs ami Caucuses, Judicial and RuWs. Edueutlon: Urtivcrsity of Minnesota, Bachelcr of Arts (cum laude) Fxner;ence: I hope to C.:lntillue m)' !ervice on the Housing Finance Authority. uainS my markct.rescarch ba,;kground to evaluate applicant proposals to construct end adminisr.cr safe, S2nit8ry and afl'orda:Dle hous" ing, to iltcO!lle~\.I\Jl&lifit:d f'e':lluems urColH~ County. -. . . ~." . Agenda Item No. 91 :-Se~\8i"'tj8lj 11, 2007 . ., 'i"'$;1e 15 of 18 " Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 . Name: Application for Advisory Committees/Boards Home Phone: z31- tiN t{/Orzl./ Xf+'yt3t/RtJ , c(MNf}/.J.!1-Ji6,f( 'Jif.1o Ii Home Address: /(/11> ,i€(.R~L> iNf},i./<. C-ll!.c.~€ Zip Code: Fax No, ~I 1ft . fJ 1ft I e-mail address:?..Y....Anlfi. (}tlt. Business Phone: Place of Employment: /?'i;'Il( t1.J Board or Committee Applied for: I'IOU5JN<- !"J)"Ir>,(jc/i fll/rlhJ/2/ry Category (ifappJicable): 7.>/5 i/2.c'T Z; c",-"-1"r1] Example: Commission District, Developer, environmentalist. lay person, elc. How long have you lived in Collier County: Years (P Are you a registered voter in Collier County: Yes V Months No Do you currently hold public office? Yes If so, what is that office? No ,/ Have you ever been convicted of any offense against the Law? If yes, explain: No J Yes Do you now serve, or han you ever served. on a Collier County board or committee'! Yes ,/ No If yes, please list the committees/boards: f} F~c')R--Dn(31 If 1..j~)>JSlol-- ,..~,JivJJn i V' li~.j U~1.L JI1-1( (' .f',.) IJ "'''1 ,./,'1 :.'_~/ f.j(; ('". ^Y~~j" ~F ' .j~); i1-,~"..J .,_.:,,' 1 . Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: t1-.bV~S~('----- To r;.C>plLfr}./b c,/vr-r.. PS5'Ol'il1""-Jf?~J) r:-tlt1iR-ifl.l1:!J.17J ~,1i.1o/Z'y.JC')lJ~ ,J,: Cier' '., '},...I r.!~~?,".>f (7/.,J!2r:)Y' ~Ii./l~q 1..,"i-..12 Education: ~~/8-.iJJp '3(3/'1 Experience: 13/h-Jr: //lJ& t<_1{_7/i:. (!i/l(~;t: /JP.I'J.?)AlC- ])([.0'1;.!.. i'JPHf'4J r~ f(IZlI-:... If j ,1rfJ'i 9fJ:JLJ , . Please aUach any additional information you feel pertinent. This application should be fOTWllrded to Sue Filson, Executive Manager to the BoaI'd of County Commisswners, 3301 East Tamiami Trail. Naples, FL 34112. /fyou wish, please fax your application to (239) 774-3602 or e-mail to.~uefilsonri:i)f:.oflieTPov.net. Thank you for volunteering to serve the citizens of Collier County. . . -. -. C? ;:: "<_,':0-"1,",. !'Ln ' . . '--A,.gena"Jlern f~o. 91 . Seprembe:' 11, 2007 ":GCPJage 16 of 18 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 . Application for Advisory Committees/Boards Name: G/7,cUv'NG" .BeAl)/:tet! Home Address:.3.;, ?~3 {!..;::JeL/ /lcJ~ (f/ e{!AE Home Phone: a {Pc:? - 3 f' a 5' .3 51'/0.5 Zip Code: Fax No. Business Phone: 9;5 - 35'3.3 e-mail address: brruiaohf;JJ efl. r+l'/I flk:,.rl!?f-- Place of Employment: & E /II E/J?t),e./ A L.. Board or Committee Applied for: ;-/0 LI.6/ /l/ a )IE /-I.L n-I ,$l/~ T e; IZ1. - j:::jNH/VCe A:LT/-fO,K'.,1 ry' Category (if applicable): Example: CommiS!iion District, Developer. environmentalist. lay person. elC. How long have you lived in Collier County: Years d W Months Are you a registered voter in Collier County: Yes)( No Do you currently hold public office? Yes If so, what is that office? No X. Yes NoX . Have you ever been convicted of any offense against the Law? If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes)( No If yes, please lisllhe committees/boards: /lDU6/ Ala F/ /V,4 /1/ {! t=: /l a 77-1 ('J,e / Y Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: (}J<!DfJ at': 0I?l!A.G lIO/J7b/iW/lleeS /l.5WY'/HT7f?)U Education: ~ -i;;-jlF/J/V/'f- 1.//V/~'Ge.-7/77/ ' ~am_~~~_ I IW /-314 - /1 N/ V/~.e:;;17;/ fJr 'i77() I I;" a 67tJTi:37L- L1 r '000 Please attach any addition(ll informatum you feel pertinenL This application should be forwarded to Sue Filson, Executive Manager to the Board o/County Commissioners, 330] East Tamiami Trail, Naples, FL 34]12. If you wish, pJeasefax your appJication to (239)774-3602 or e-mail /0 suefil.~o"(o.'coJlierpov."t'l. Thank you for voJunteerillg /0 serve the citizens of Collier County. filson_s Page 1 of2 Agenda Item No. 91 September 11, 2007 Page 17 of 18 Advisory Board Application .~t: From: jgibsonjr@aol.com Wednesday, June 20, 2007 127 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier Connty Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 6/20/20071:26:58 PM. Name: ~ames R. Gibson, Jr.1 Home Pbone: 1239-732-88301 Home Address: 15041 Mabry Driv~ City: !Naple~ Zip Code: 134112-36701 Pbone Numbers Fax: 1239-732-88301 Business: ~ . e-Mail Address: Dgibsonjr(a)aol.comj Work Place: !Retired! How Ion I( bave you lived in Collier County: ~ Have you ever been convicted of any offense al(ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Housing Finance Authorityl Category: !Not indicated! Do you currently bold public offfice? ~ 'oilier County Productivity Committee 11/99-02/04 Chairman, 02/01-02/03 Collier County Revenu ommission 06/03-02/04 Chairm 08/03-02/04 . Do you currently or ever served on a Collier County Board or Committee? IYe~ Please list our communi activities: oilier Co. Supervisor of Elections, Precinct Clerk Humane Society Naples, Volunteer & Member .ommunity Foundation ofCoIlier County, Member Conservancy of Southwest Floridea, Member East aples Civic Association, Member 6/20/2007 Advisory Board Application . -. 6/20/2007 Education: \B.A.Political Science, Western Maryland College 1967 Westminster, Marylandj Page 2 of2 Ano.nrl';] Item f\lr. q! September 11, 2007 Page 18 of 18 Ex erience: 8+ years of public fmance experience with Baltimore County, Maryland. At retirement, I had served the County's Director of Finance for eight years. Prior to my appointment as Director of Finance, I ad served four years as Deputy Director of the Budget and two years as Investment Division Supervisor for the County, During my tenure as Director of Finance, among other activities, I execute ver $1 billion in debt financings, secured AAA bond ratings from Standard & Poor's and Fitch nvestors while maintaining a AAA bond rating with Moody's Investors, executed six bond refunding mancings which provided gross savings to the County of $28 mil., and implemented a master lease quipment financing program, I also chaired the County's Information Systems Steering Committee es onsible for Ion ran e s stems develo ment lannin , . EXECUTIVE SUMMARY Agenda Item No. 9J September 11, 2007 Page 1 of 7 APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL OBJECTIVE: To confirm the appointment of 1 member to fulfill the remainder of a vacant term representing the Collier County Health Department to the Emergency Medical Services Advisory Council, with the term expiring on August 31, 2008. CONSIDERATIONS: The Emergency Medical Services Advisory Council has I vacancy representing the Collier County Health Department. This 14 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. HEALTH DEPARTMENT RECOMMENDATION: A letter dated June 27, 2007 was received from Dr. Joan Colfer advising that due to reorganization Judith Nuland, RN, will no longer be able to serve as a member of EMSAC. Dr. Colfer is recommending that the Board of County Commissioners appoint: . Kathleen Marr as the new representative for the Health Department. Ms. Marr's term will expire on August 31, 2008. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, confirn1 the appointment, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 11, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'J r,ppOI!"1tillent 0' memJJH:O th8 Enl!'r;:wncy Mp'Jlca! ~;ervlce, ;,dvIscry CQulUI '''' ' -,n i :! ':)(] :)~j "' tv" Prepared By Dale Sue Filr,on BOilrd of County Commissioners EXCC\ltivoe Mannger\{)thu BCC fJCC:Ctllce Dale Approved By JamesV. Mudd Board Of County Commissioners County Manager Count'! Manager's Of tie"" 8,'23/20071:56 PM file://C:\AgendaT est\Export\88-SeptembeflIo20 11.%202007\09. %20BOARD%200F%20CO. Page 1 of lien-'. r;c; 1; f'):Jqco' ~ (;17 9/5/2007 -- ---- "\ . . - . .Aaenda Item No. 9J September 11, 2007 Page 3 of7 k Charlie Crist Governor Ana M. Viamonte Ros, M.D., M_P .H. Secretary of Health June 27,2007 Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Subject: Emergency Medical Services Advisory Council Dear Commissioners; The Healfh Department maintains a representative on the Emergency Medical Services Advisory Council. Our current representative is Judith Nuland, RN. Due to reorganization, we are requesting appointment of Kathleen Marr, RN as the new Health Department representative. The Health Department supports the mission of this group as it advises the Commissioners about matters related to Emergency Medical Services. We believe that it is important to have varied perspectives when making decisions that will affect an entire county population. We have appreciated the opportunity to advise and make recommendations regarding issues related to public healfh concerns. By copy of this letter, please accept our submission of Kathleen Marr as the new Health Department Representative. Sincerely, ~-U, \Jo n M. Colfer, M.D., M.P.H., Director lier County Health Department Joan M. Colfer, M.D., M.P.H., Director 3301 Tamlami TraiJ E . Bldg. H Naples, Florida' 34112-4961 Telephone (239) 774-8200 'COllier County Health , Department Mailing Address: Post Office Box 429 Naples, Florida' 34106-0429 C"""'j;u. C""'''''(I,',I.,.H~/IJing__.D<'''iWI,.d T" Ih !I'd!",',,' ,,(Our C"",m,mi/, T Emergency Medical Services Advisory Council p,oenda Item [\jo. 9J September 11,2007 Page 4 of 7 Aaenda Item I~o. 9J September 11, 2007 Page 5 of 7 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. John C. Valenti 435-0205 10/24/06 08/31/09 3 Years 1180 Camelot Circle 348-7193 Naples, FL 34119 E-Mail: jcvalentil@aoLcom District: 3 Category: Commission District Mr. Richard Schmidt rfjlsnfJ III 09113/05 08/31/08 3 Years 2786 Orange Grove Trail W q ,Q 354-3490 Naples, FL 34120 E-Mail: rschmidt I 956@earthlink.net District: 5 Category: Commission District Ms. Gail Dolan 262-3131 01/13/98 08/31/99 2 Years P.O. Box 413029 09/13/05 08/31/08 3 Years Naples, FL 34101 E-Mail: District: Category: Naples Community Hospital Commander Bill Rule 793-9442 10/24/06 08/31/08 2 Years 3301 E. Tamiarni Trail Naples, FL 34112 E-Mail: District: CategolJ': Sheriffs Department Ms. Judith Nuland 774-8200 09/21/04 08/31/05 1 Year 3301 E. Tamiami Trail 09/13/05 08/31/08 3 Years Naples, FL 34112 E-Mail: District: Category: Health Department -....---..-....- .' -'-. '" ~ -. Thursday, October 26, 2006 ... Page2of4 Agenda Item No. 9J September 11, 2007 Page 6 of 7 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Fire Chief Jim McEvoy 735 Eighth Street, South Naples, FL 34102 E-Mail: District: Category: City of Naples 434-4610 09/24/02 09/13/05 08/31/05 08/31/08 3 Years 3 Years Dr. Jeff Panozzo 348-4000 10/24/06 6101 Pine Ridge Road Naples, FL 34119 E-Mail: District: Category: Physicians Regional Medical Center Dr. Robert Tober P.O. Box 413029 Naples, FL 34101 E-Mail: District: Category: Ex-Officio Member 262-3131 Chief Michael Murphy 389-5040 11/05/02 1280 San Marco Road 09/13/05 Marco Island, FL 34145 E-Mail: District: I Category: Marco Island Police and Emergency Services Chief Rob Potteiger 213-4900 11/05/02 4798 Davis Boulevard 09/13/05 Naples, FL 34104 E-Mail: District: Category: Collier County Fire RescuelEMS __ ."h"__ Thursday, October 26. 2006 Page3 of 4 08/31/09 3 Years 08/31/05 08/31/08 3 Years 3 Years 08/31/05 08/31/08 3 Years 3 Years ,.0..,c;enda 11em hie_ 9J Ss"ptember 11, 2007 Page 7 of 7 Emergency Medical Services Advisory Council Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on 10/10/00 to add a representative from Cleveland Clinic (Ord. 2000-70) Amended by Ord. No. 2002-39 to increase membership from 12 to 14 to include City of Naples Fire Rescue/EMS and Collier County Fire Chiefs Association, and to reduce ex-officio members from 3 to 1 FL STAT St~ff: Jeff Page, Emergency Medical Services Director: 774-8459 "-.;-,." :.~:<,- Thur.\-day, October 26, 2006 Page 4 of4 EXECUTIVE SUMMARY Agenda Item No. 9K September 11, 2007 Page 1 of 2 RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE FILLING A VACANT POSITION IN THE BOARD'S OFFICE AS AN EXCEPTION TO THE CURRENT COUNTY POLICY TO NOT FILL OPEN OR VACATED GENERAL FUND POSITIONS. OBJECTIVE: For the Board of County Commissioners to approve filling the vacant position of Administrative Aide to the BCe. CONSIDERATIONS: On August 10, 2007, the Executive Aide to Commissioner Jim Coletta, Chairman, submitted her resignation effective August 24,2007. Due to the volume of work, the Administrative Aide (front desk position) has been trained to assume the responsibilities of the Executive Aide position when necessary. The Administrative Aide has been promoted to the Executive Aide position and al1 Executive Aides are rotating days at the front desk during the summer recess. Subsequent to the summer recess, the significant responsibilities at the front desk, as well as all the Executive Aides responsibilities, will increase dramatical1y. In an effort to continue to be sensitive to the established level of service in responding to constituent inquiries. 1 am recommending that the Board approve filling the Administrative Aide to the BCC position as an exception to the current County policy to not fill open or vacated general fund positions. FISCAL IMP ACT: The result of the promotion is a cost savings of approximately $5,700. Since it will take approximately 2 months to fill the vacant position there will be an additional $6,500 due to attrition for the Administrative Aide position. All monies are currently budgeted. . Executive Aide wil1 start at minimum salary. . Administrative Aide will start at minimum salary. GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners approve filling the vacant position of Administrative Aide to the BCe. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Approved By: Tom Henning, Vice Chairman Agenda Date: SEPTEMBER 11, 2007 Page J of 1 AQenda Item No. 9K September 1 ,2007 Pa~lc 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9K Item Summary: Recommendation tor the 80ard of County Commlss'oners to approve fl'''119 a 'iDCant position 'nloe noar::.t's 8Hice Meeting Dale: ,;/11C007900 OQMvl Prepared By Sue Filson E~ecutive Manilger1o the BCC Date BoardofCaumy BCCOffice Commissioners Approved By JamesV. MUdd County Manager Date Board alCounty Commissioners County Manager'sOlhcc B/28120079,14AM file:!/C:\Aj:!;endaTest\Export\88-Septembdlfo20 1 t, %202007\09 .%20BOARD%200F%20CO.. 9/5/2007 ~'\'n~ Agenda Item NO.1 OA September 11, 2007 Page 1 of 12 EXECUTIVE SUMMARY Receive and approve the Progress Report for the Year 2006, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan. OBJECTIVE: To provide the Board of County Commissioners with the second annual progress report on the Coilier County Floodplain Management Plan that was developed as a requirement of the County's participation in the Community Rating System of the National Flood Insurance Program. CONSIDERATIONS: Collier County is a voluntary participant in the Community Rating System (CRS) of the National Flood Insurance Program. Because the County has a Class 7 rating in the CRS program and there are more than ten (l0) properties in the County that have filed multiple flood insurance claims within any ten-year period, thus establishing them as Repetitive Loss Properties, the County is required to develop and maintain a Floodplain Management Plan. The purpose of a Floodplain Management Plan is to promote awareness of floodplain and flooding issues, identify known flood hazards, discuss past flooding events, assess the current floodplain/flooding problems, and set goals along with a strategy to make the community more resistant to flooding. One key component is to address ways to mitigate the Repetitive Loss Properties so they no longer are susceptible to flooding from the I-percent annual chance storm event. Collier County is currently rated as a Class 7 community in the CRS program, which provides up to a 15% discount on the premium rates charged to flood insurance policy holders. The County is required to annually provide a progress report on the accomplishments of goals in the Floodplain Management Plan. At least every five (5) years, the Floodplain Management Plan must be updated. For Coilier County, the Floodplain Management plan was developed as a portion of the adopted Hazard Mitigation Plan. Therefore, the attached "Progress Report for the Year 2006, Coilier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan" (hereafter referenced as REPORT) includes all of the goals of the Hazard Mitigation Plan, but only addresses the goals related to the Floodplain Management Plan. The REPORT contains five (5) recommendations for action to be accomplished in 2007. 1. Floodplain Management Plan Updating 2. Development of New Digital Flood Insurance Rate Maps (DFIRMs) 3. Repetitive Loss Properties 4, Higher Regulatory Standards 5. Watershed Management Plans Staff is providing this annual report to keep the Board of County Commissioners informed on progress in floodplain management and seeking recommendations for additional direction and efforts the Commissioners would desire to achicve to make Collier County more resistant to flood damage. Agenda Item NO.1 OA September 11, 2007 Page 2 of 12 FISCAL IMPACT: None, to receive and approve the REPORT. Should future fiscal impact be proposed based upon any new program changes, regulations, resolutions or other methods, that fiscal impact information will be provided at the time the Board receives the follow-up documentation. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners I. Receive and approve the "Progress Report for the Year 2006, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan"; and 2. Provide the County Manager, or his designee, with direction on accomplishing the five (5) recommendations for 2007. Prepared by: Robert C. Wiley, P.E., C.F.M., Principal Project Manager Engineering Services Department, CDES Division Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. lOA September 11, 2007 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Receive and approve the Progress Report for the Year 2006, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan (Robert VViley, Principal Project Manager. Engineering Services Department) 9!11/2DD79:QDDDAM Date Prepared By Robert C, Wiley. r.E. Community Development & Environmental Services Prinicipal Project Manager CDESEngineering Services 8117/20075:J5:36PM Approved By Date Thomas E. Kuok, P.E. Community Development & Environmental Services CDES Engineering Services Diractor CDESEngineering Services 8120/20077:45 AM Stan Chrzanowski Date Approved By Community Development & Environmental Services Engineering Review Manager EngineenngServices BI20/20073:39PM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 8/211200710:11 AM Ciate Appro\'edBy JudyPuig Community Development & EnvironmenllllServicos Oper~tions Analyst Community Development & Environmental Services Admin. 8122/20072:40 PM Approved By JosephK.Schmitl Community Development & Environmental Services Community Development & En'"ironmentai Services Adminstrator Date Community Development & Environmenlal Services Admin. 8123/20076:20 PM OMBCoordinator Date Approved By Administrative Services Applications Analyst InformatIOn Technology 8}241200711:08AM Approved By Mark Isackson County Mnnagers Office Budget Analyst Ciate Office ofl\tanagement & Budget 8i241200711:28AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Managers Office B127120073:00PM filp'/lr'\AO'pnrl"Tp"t\]::vnnrlIRSL<;;:'Pntp,.,..,h",rO/_')(\ll 0/"')(\')(\(\711/\ O/_')()rnT l1\lTVO/.,')(\f\,r A 1\TA r. O/.o:::n()()7 Agenda Item NO.1 OA September 11, 2007 Page 4 of 12 PROGRESS REPORT FOR THE YEAR 2006 COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN SECTION 7 OF THE COLLIER COUNTY HAZARD MITIGATION PLAN INTRODUCTION The Collier County Hazard Mitigation Plan was prepared in late 2004 and adopted by the Board of County Commissioners on December 14, 2004. A copy of the adopting resolution (No. 04- 390) is included as Attachment A to this report. Included within the Hazard Mitigation Plan was the County's Floodplain Management Plan FMP) which was developed to comply with requirements of the Community Rating System (CRS) ofthe National Flood Insurance Program. The Floodplain Management Plan is Section 7 of the Hazard Mitigation Plan. The entire Hazard Mitigation Plan is available for review at the following locations: Collier County Emergency Management Department 3301 Tamiami Trail East Naples, FL 34112 Attention: Rick Zyvoloski Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, FL 34104 Attention: Robert Wiley It is also available for review on the County's web page at http://collicrgov.net/tto/LMSwcb/ entrv.htm. During 2006, as a follow-up to a recommendation in the 2005 Floodplain Management Plan Annual Progress Report, the Board of County Commissioners passed a resolution establishing the Floodplain Management Planning Committee (FMPC). This Committee was formed to further promote the development and implementation of sound floodplain management practices within the County. The Committee consists of ten (10) volunteer members of the public, ten (10) County staff members representing ten (10) key departments involved in activities impacting the floodplain, and one (1) representative from each of the three (3) municipalities. The first major task of the FMPC was to begin the revision/rewrite of the current FMP. Their efforts will be discussed later in this report. The Community Rating System (CRS) requires the County to annually develop and present a status report on the progress made to the goals, objectives, and action plan of the Floodplain Management Plan. This status report is then submitted as a part of the subsequent year's CRS annual recertification documentation. County staff has prepared this annual progress report for presentation and review with the FMPC and the Board of County Commissioners. The purpose of the annual progress report is to help ensure that there is a continuing and responsive floodplain management planning and implementation process. Notifications on the availability of this progress report are made through the standard public advertising process for all items on the Page 1 of9 . Agenda Item NO.1 OA September 11, 2007 Page 5 of 12 Board of County Commissioners agenda, of which this Progress Report was included for discussion on July 24,2007. When an item is placed on the Board agenda, it is available for review and inspection in the Board's office, the Office of the County Manager, and on the County's web site. There is also a public notification process for each meeting of the Floodplain Management Planning Committee, of which this Progress Report was included for discussion on the July 16, 2007 meeting. The many goals and objectives of the Hazard Mitigation Plan are listed below from Section 3 of the document, but this status report will only address those goals and objectives that deal with floodplain management issues. GOALS AND THEIR PROGRESS STATUS GOAL 1 -- Collier County shall make every reasonable effort to reduce the vulnerability and exposure of its residents and guests by protecting lives and property from the effects of naturaL man made and technological disasters. Objective 1.1: Maximize the protection of the public's health, safety and welfare from natural, man made and technological disasters. [Collier County is currently working with the City of Naples and the Federal Emergency Management Agency to complete the detailed hydrologic/hydraulic engineering and mapping necessary to develop new flood maps that incorporate rising water (rainfall indnced) flooding as well as the coastal surge flooding. The projected timeline to complete the new Flood Insurance Rate Maps (FIRMs) is late 2009. Additionally, the County is an active participant in the Community Rating System of the National Flood Insurance Program to make the community more flood resistant.] Objective 1.2: Reduce the potential loss of personal and public property caused by natural, man made and technological disasters. [County staff continues to work with the Federal Emergency Management Agency, the South Florida Water Management District, and the City of Naples to develop new and improved Flood Insnrance Rate Maps and the accompanying Flood Insurance Study as part of a Community Technical Partners partnership agreement.] Objective 1.2.1: Collier County shall make every effort to reduce the number of repetitive loss properties within its boundary. [County staff in the Pnblic Services, Transportation, and Community Development and Environmental Services divisions worked as a team to prepare the information for a grant to purchase and demolish the County's single privately owned severe repetitive loss structure, thus removing it from the repetitive loss listing. Ultimately, the owner refused to commit to sell to the County, and used the information from the County to sell to another private individual. A second repetitive loss property has been the issue of a Code Enforcement action, and agreement was reached with the Code Enforcement Board for the house to be demolished and Page 2 of9 Agenda Item No. 10A September 11. 2007 Page 6 of 12 possibly rebuilt, subject to attainment of the necessary state and local permits. Two other repetitive loss structures were demolished by a new owner in 2006 in anticipation of rebuilding on the lot.) Objective 1.2.1.1: Acquire the repetitive loss properties through funding structured for such purposes. [No progress due to an unwilling seller of the one purchase effort.] Objective 1.2.1.2: Elevate the repetitive loss properties through financial incentive programs that are developed for such purposes. [County staff has provided information to several repetitive loss property owners on what they need to do to apply for inclusion on the approved Hazard Mitigation Projects listing, thns making them eligible for possible federal funding assistance for elevating their houses above the base flood elevation. Only one resident ofthe City of Naples has followed up to be placed on the approved mitigation project list.) Objective 1.3: Protect natural resources (such as environmentally sensitive lands and aquifers) in order to maximize their survivability and to safeguard them from damages caused by natural, man made or technological disasters. [Not applicable to floodplain management issues.] Objective 1.4: Ensure that Collier County's Land Development Code and Ordinances are sufficient to protect public safety and property. [County stafffocnsed on working with the newly created Floodplain Management Planning Committee and did not make any appreciable progress on developing additional higher regulatory criteria to the Flood Damage Prevention Ordinance to make development in Collier County more resistant to flood damage. Recommendations were prepared for modifications to the Land Development Code, including a provision to limit the amonnt of fill pad that can be placed on a building site to 18" above the crown ofthe road for paved streets and 24" for unpaved streets. The maximum allowable side slope of the fill pad is 1 vertical to 4 horizontal. If flood elevation design requires the building to be higher than that elevation, some other method of construction (e.g. stemwall, pilings, etc.) must be used either independently or in conjunction with the allowable fill placement. This restriction on the amount of fill will help reduce loss of floodplain storage.) Objective 1.5: Develop and maintain evacuation plans for the safe evacuation of residents from coastal storm surges, inland flooding, terrorist acts, hazardous material incidents and wild land fires. [In 2005 Collier County provided local funds to conduct an abbreviated hurricane evacuation re-study to update the 2000 study conducted by the Southwest Florida Regional Planning Council. The Collier County abbreviated Hurricane Evacuation Re-study was completed in 2007. The 2007 study made general recommendations for Page 3 of9 . Agenda Item No.1 OA September 11. 2007 Page 7 of 12 improvements to evacuation operations and processes, bnt was not budgeted for a comprehensive traffic analysis. Following recent hurricane activity, the State of Florida and the Federal Emergency Management Agency have initiated a new comprehensive state-wide hurricane evacnation study, which is scheduled to be completed in 2009. This forthcoming analysis will npdate evacuation clearance times, rontes, and other data necessary to update evacuation plans.] Objective 1.6: Protect dune systems and coastal/marine resources from the adverse effects of coastal development. [The County applies the criteria within the Land Development Code (LDC) that addresses proposed development along the beach and dune system. Beachfront development is regnIated by the provision of the LDC and Growth Management Plan that restricts activities along the County's Coastal Construction Setback Line.] Objective 1.7: Ensure that mitigation measures are adequately addressed in the comprehensive system of coordinated planning, management and land acquisition. [The Community Development and Environmental Services Division is responsible for development and updating the County's Growth Management Plan, reviewing development applications for compliance with the Land Development Code, issuance and inspection of building permits, oversight of the protection of natural resources, and other areas of development and natural resources management. Coordination among the various departments helps ensure that there is a comprehensive effort to incorporate floodplain management mitigation measures into development requests and County environmentally sensitive land acquisition efforts. Additionally, the County's requirement that all state and federal agency permits be obtained prior to any site improvements helps to ensure compliance with state and federal regulations.] Objective 1.8: Encourage land and water uses which are compatible with the protection of environmentally sensitive lands and coastal resources. [The Growth Management Plan specifies a priority of development within the Coastal Area setting a priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses. This is codified in the Land Development Code Section 3.03.00 Coastal Zone Management Section. Additionally, for all coastal permits, site plans and variances, there are requirements for replanting any portion of the dune which is void of native vegetation.] Objective 1.9: Prohibit development and other activities which disturb coastal dune systems, and promote the restoration of dune systems that have been damaged. [The County applies the criteria within the Land Development Code (LDC) that addresses proposed development along the beach and dune system. Beachfront development is regulated by the provision of the LDC and Page 40f9 Agenda Item NO.1 OA September 11, 2007 Page 8 of 12 Growth Management Plan that restricts activities along the County's Coastal Construction Setback Line and is further addressed in the Section 3.03.06, Native Vegetation Retention on Coastal Barriers in the LDC.] GOAL 2 - The Collier County Emergency Management Department will take a pro-active role in ensuring intra-governmental coordination within Collier County Government and inter-governmental coordination with other government agencies in order to enhance hazard mitigation planning activities. [This goal and objectives are addressed in the Collier County Comprehensive Emergency Management Plan and do not need to be separately addressed in the Floodplain Management Plan progress report.] Objective 2.1: Coordinate state and federal disaster training programs with all government agencies in Collier County. Objective 2.2: Coordinate the essential flow of information before, during and after a disaster. Objective 2.3: Encourage cooperation and par1icipation of all public and private agencies in mitigation planning. Objective 2.4: Ensure that the Collier County Hazard Mitigation Annex to the Comprehensive Emergency Management Plan incorporates appropriate mitigation measures as reflected in each agency's Emergency Support Function Annex or Standard Operating Procedures. Objective 2.5: Adopt and use the National Incident Management System (NIMS) of Incident Command and the Florida Incident Command System for disaster management. GOAL 3 - Reduce the vulnerability of critical and public facilities from the effects of terrorism, natural, man made and technological disasters. Objective 3.1: Consider designing and installing wind and/or water proofing components and target hardening for all proposed government owned critical facilities. [The plans developed for the new County Emergency Operations Center and the South County Regional Library both include elevation of the facilities for increased flood protection. Additionally, the Local Mitigation Projects Final Listing (Annex G of the Hazard Mitigation Plan) identifies numerous government owned critical facilities proposed for wind and/or waterproofing components when funding becomes availahle.] Objective 3.2: Develop and maintain energy, communications and preparedness plans that will be both practical and effective during periods of disrupted energy and communication events. [Not applicable to floodplain management issues.] Page 5 of9 . Agenda Item NO.1 OA September 11, 2007 Page 9 of 12 Objective 3.3: Incorporate hazard mitigation measures such as wind/flood proofing and target hardening during any rehabilitation of existing public facilities. [The County will be reviewing the "Connty's Vertical Constrnction Standards" this snmmer for adding flood proofing and additional green building elements. It was anticipated to be done last summer but was reschedule for summer 2007.] GOAL 4 - Strengthen Post-Disaster, Recovery and Mitigation Plans. This goal and objectives do not need to be addressed by the Floodplain Management Plan progress report. Objective 4.1: Analyze, review and update Collier County Post-Disaster, Recovery, and Mitigation Plans and Ordinances. Objective 4.2: Work with other federal, state and local government agencies to strengthen post-disaster, recovery, mitigation plans and ordinances. Objective 4.3: Work with other federal, state and local government agencies in post disaster recovery establishing contracts to facilitate timely restoration of public and private infrastructure. GOAL 5 - Improve coordination of disaster preparedness information through the broadcast and print media to increase public awareness and participation in preparedness, response, recovery and mitigation activities. [The "Flood Protection News" is a newsletter publication that has been developed by the County to periodically present usefnl information on floodplain and flood insurance issues. Additionally, the "All Hazards Guide" is a multi-page guidebook annually prepared by the Collier County Emergency Management Department for distribution throughout the Connty. The "All Hazards Guide" provides useful information on how to prepare, what to do in the event of an emergency, including hurricanes, flooding, tornados, wildfire and how to recover after the emergency.] Objective 5.1: Develop and maintain a comprehensive multi-media, multi-lingual public education program of disaster preparedness, response, recovery and mitigation. Objective 5.2: Conduct educational programs and research to meet local, state, regional planning, growth management and hazard mitigation needs or concerns. Objective 5.3: Work with media representatives to establish a standardized format for use in dissemination of information to the media during all phases of a disaster. Objective 5.4: Develop and maintain intergovernmentallcoordinated information and uniform procedures for public information offices during periods of potential disaster situations. GOAL 6 - Collier County shall make every reasonable effort to protect water resources, unique natural habitats and ecologically sensitive areas such as wetlands and hardwood hammocks, and Page 6 of9 Agenda Item No.1 OA September 11, 2007 Page 10 of 12 restore, to the maximum extent possible, degraded natural systems to their original state. [The County requires that 25% of native vegetation shall be set aside for preservation for Residential and Mixed Use developments greater than 2.5 acres within the Coastal Zone. This provides a level of protection for the higher more rare coastal vegetative communities as well as storm protection. The County's Conservation Collier Land Acquisition program is actively pursuing the acquisition of environmentally sensitive lands. To date, the program has spent approximately $43.5 million (an increase of $6.3 million from the previous year) to acquire 429 acres (an increase of 29 acres from the previous year) of environmentally sensitive lands.] Objective 6.1: Conserve and protect wetlands and coastal natural features to maintain their economic, aesthetic and recreational values. Objective 6.2: Acquire, retain, manage and inventory public lands to provide conservation and related public benefits. Objective 6.3: Promote the use of agricultural and horticultural practices which are compatible with the protection of natural systems. Objective 6.4: Protect and restore the ecological functions of wetland systems to ensure their long-term environmental, economic and recreational values. Objective 6.5: Protect and enhance water sources, public utilities, wetlands, and natural habitats from potential natural, man made and terrorist acts. RECOMMENDATIONS FOR 2007 (The Action Plan) Floodplain Management Plan Updating - The Floodplain Management Planning Committee, has been working extensively on revisions to the current Floodplain Management Plan. The goal is to complete the revisions by the end of 2007 and include the revised document as Section 7 of the County's Hazard Mitigation Plan. Development of New Digital Flood Insurance Rate Maps (DFlRMs) - For several years, the County and the City of Naples have jointly funded the work to complete a new Flood Insurance Study to address flooding from coastal surge and rainfall. This is a major undertaking since all previous FIRMs were prepared by the Federal Emergency Management Agency (FEMA) using only a coastal surge flood analysis. The area of the study extends from the coast line to the community ofImmokalee. In 2007 it is anticipated that the study effort will progress through the extensive hydrologic and hydraulic computer model preparation phase, and enter into the storm production run phase. The current schedule projects FEMA completing the public notification process and establishing DFIRMs with an effective date in late 2009. Repetitive Loss Properties - Floodplain management involves actions to make a community more resistant to flood damage. Objectives 1.2.1, 1.2.1.1, and 1.2.1.2 address repetitive loss Page 70f9 I Agenda Item No. 10A September 11, 2007 Page 11 of 12 properties within the National Flood Insurance Program. In 2006 there were thirty-four (34) properties in unincorporated Collier County identified as repetitive loss properties. Of these, two (2) were subsequently demolished by the owner in anticipation of constructing a new residence, leaving a total of thirty-two (32) repetitive loss properties. In late 2007, the Floodplain Management Planning Committee will begin discussions on what the County can do to develop a sufficiently funded program to either purchase repetitive loss properties or provide financial assistance and guidance to owners who are willing to elevate their buildings. Their recommendations will be brought to the Board of County Commissioners in 2008 for consideration and possible implementation. Should the County choose to purchase repetitive loss properties, the future uses for County purposes will vary. Some lots are situated to be able to provide needed temporary stormwater storage and treatment. Some lots are waterfront on saltwater canals. Some lots would be better utilized for rebuilding at the appropriate base flood elevation. In lieu of purchasing all the repetitive loss properties, the County may be better served by establishing a program (e.g. zero interest or very low interest loan) of funding assistance for those owners desiring to elevate their homes, but lacking the financial capability to qualify for federal funding assistance (typically a 25% owner/75% federal funding grant). Higher Regulatorv Standards - In 2006 the Board of County Commissioners conducted a workshop and heard staffs recommendations on amending the current Flood Damage Prevention ordinance to add additional criteria that would make buildings more resistant to flood damage. Staff efforts to follow up with a revised ordinance were temporarily delayed while focusing on the work with the Floodplain Management Planning Committee and the Flood Insurance Study. The goal is to reactivate the development of higher regulatory standards into the Flood Damage Protection ordinance during late 2007 and early 2008. These efforts will be coordinated through the Floodplain Management Planning Committee. Watershed Management Plans - As a part of the County's Growth Management Plan 2006 Evaluation and Appraisal Report (EAR) process with the Florida Department of Community Affairs (DCA), a commitment was made in the Conservation and Coastal Management Element to prepare watershed management plans to address many issues. As a part of that commitment, interim development standards were proposed to address certain floodplain related items (e.g. floodplain compensation, continuity of flow through sloughs and flowway areas, increased water quality treatment, etc.). In 2007 these interim standards will become effective upon their approval by the DCA, and will remain in effect until the watershed management plans, and their recommendations, are developed and approved for implementation by the Board of County Commissioners. During 2006 the Board of County Commissioners also approved the initial funding of the watershed management plan development process. The goal in 2007 is for staff to start the process by identifYing and prioritizing the watersheds, initiate acquisition of new, detailed aerial imagery and topography, develop an organizational tree for the project and initiation of the Request for Proposals process for consultant selection. Page 8 of9 Agenda Item NO.1 OA September 11, 2007 Page 12 of 12 ATTACHMENT A Collier County Hazard Mitigation Plan Adoption Resolution RESOLUTION NO. 04 - ,.0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING AND ADOPTING A UNIFIED HAZARD MITIGATION PLAN. WHEREAS, the Fed....1 Emergeney Management Ageney and the Florida Department of Community Affairs have made funds available for a statewide Mitigation Sl11ltegy; and 'VHEREA~ Collier County entered into an Agreement with the State of Florida Department of Community Affairs on July 29, 2003, to develop a county-wide Mitigation Plan; and WHEREAS, the Collier County Comprehensive Plan in Poliey 12.2.1.. provides for routine the review and update of the County's Hazard Mitigation procedures; and \\-'HEREAS, post-disaster funding will be received more quickly by pre- identifying mitigation projects; and WHEREAS, conununities with an approved hazard mitigation plan will be entitled to receive Hazard Mitigation Grant Program, Pre-Disaster Mitigation Grant Program, & Flood Mitigation Assistance Grant P;ogram funding; and WHEREAS, substantial savings will be realized because the costs of mitigation are less than the costs ofreco"et}' and rebuilding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Hazard Mitigation Plan attached as Exhibit "A," is hereby approved and adopted by reference. This Resolutivn adopted after motion, second, and majoriry vote in favor of adoption this 14th day of Decemberl 2004. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: /L .J~ DONNA FIALA, CHAIRMAN Assistant County Attorney Page90f9 . Agenda Item No.1 OB September 11, 2007 Page 1 of 24 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct staff to amend the Conservation Collier Ordinance No. 2002-63 in order to make various procedure related changes so that efficiency and cost effectiveness will be increased, and to make various non-substantial changes for consistency and clarification. OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) direction to amend the Conservation Collier Ordinance No. 2002-63 in order to increase efficiency and cost effectiveness and for consistency and clarification purposes. The proposed changes wiil not alter the purposes and goals of the Conservation Collier Program. CONSIDERATION: On December 3, 2002, the Board of County Commissioners approved Ordinance 2002-63, which implements the Conservation Collier Land Acquisition Program. As the Conservation Collier Program began its operations in 2003. staff noted that some of the instructions, if followed literally, created inefficiencies and appeared to be unworkabie. A series of meetings with the Conservation Collier Ordinance, Policy and Rules Subcommittee and several with the Conservation Collier Land Acquisition Advisory Committee resulted in a number of proposed changes. The goal of the proposed changes is to add consistency, clarity, efficiency and cost effectiveness, but not to alter the decision process or change the criteria of the Conservation Coilier Program. Proposed changes are as follows: Section 6 . Removes reference to Board Approval of purchases by resolution; adding "environmental surveys" to disbursement authorization; properly naming title documents; adding Conservation Collier Purchasing Policies; minor clarifications; Section 8 . Makes minor clarifications; Section 10 . Removes reference to need for partner funding to consider projects within another agency's acquisition boundaries; Section 11 . New language describes Active Acquisition List, specifically the A, B, and C categories; . Makes minor clarifications; Section 12 . Revises nomination procedure to allow the Advisory Committee to select specific locations within the broad Target Protection Areas (TPAs) to send solicitation letters to. This removes the resolution process requiring Board review and approval of a strategy for letters. The Board has already defined the TPAs and the ietters may not produce a willing seller. This reduces need for Board review to actual acquisition proposals, thus increasing efficiency. . Identifies the annual framework for the acquisition cycle; . Makes minor clarifications for consistency. Agenda Item No. 10B September 11, 2007 Page 2 of 24 Section 13 - Most of the proposed changes are within this "Procedures" section. . Rewords how acquisition proposals enter the review process for clarification purposes. . Clarifies the process that separates out proposals that meet the initial criteria but not the purposes of the Program. This is a mechanism that focuses staff time on those proposals that the Committee agrees meet both the criteria and goals of the Program, separating out those that may meet broad criteria but not the goals early in the process, adding efficiency and cost effectiveness. . Revises the requirement for an Advisory Committee group site visit. Sunshine laws make group visits an unworkable proposition, as lands may have unknown hazards, no trails, and would require minutes to be taken. Staff includes individual Committee members on site visits as they are willing and able; . Removes redundancy of a "Site Visit Report," as the "Initial Criteria Screening Report" serves this purpose; . Removes the language requiring a meeting for additions to the Active Acquisition List early in the process. as this is done after project ranking, not before; . Clarifies order of actions; . Identifies that properties will be appraised pursuant to the Board-approved Conservation Collier Purchase Policy and Resolution (2003-195). developed after the original Conservation Collier ordinance; . Adds language identifying that "sending" lands are subject to additional requirements regarding the TDR program (these are detailed in the Purchase Policy revision); . Removes language regarding negotiations, as the Conservation Collier Purchase Policy states the County will offer 100% of appraised value (or less, as in a bargain sale) but will not negotiate for more. . Various minor clarifications to more clearly follow established County policy for property closings. Section 14 . Adds language allowing for property exchanges within and between multi-parcel projects to consolidate land holdings where in-holding parcels cannot be acquired. Section 15 . Removes language assigning responsibiiity to staff to make recommendations for acquisition proposals; . Removes language regarding designation of a "negotiation resource committee," as the Conservation Collier Purchase Policy does not permit negotiation. FISCAL IMPACT: Savings from not having a minutes-taker present during site visits is approximately $4,000 per cycle. Additional savings in staff and Board time may be realized. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board directs staff to amend the Conservation Collier Ordinance No. 2002-63 as herein recommended, advertise and bring it forward as an advertised ordinance for Board consideration at the October 23, 2007 regular meeting of the Board of County Commissioners. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program 2 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No, 10B September 11, 2007 P!'lge 3 of 24 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS JOB Recommendation that the Board of County Commissioners direct staff to amend the Conservation Coliier Ordinance No. 2002-63 in order to make various procedure related changes so that efficiency and cost effectiveness will be increased,and to make various non- substantial changes for consistency and clarification (AlexSulecki, Principal Environmenial Specialist. Facilities Managemel1t) 9/11/200790000AM Data Approved By JenniferA. Belpadio County Attomey Assistant County Attorney County Allomey Offrce 8/13/20071:51 PM D~. Approved By Skip Camp, C,F,M. AdministrafiveServices FacHities Management Director Facilities Management 8122/200710:15AM Melissa Hennig Date Approved By Administrative$ervices Environmental Specialist Facilities Management 8123120072:11 PM Approved By Len Golden Price AdministrlltiveServices Administrlltivl'! Services Administrator Date Administrative Services Admin. B1Z3120074:47 PM Date Approved By OMS Coordinator Administrative Services ApplicationsAl1l1lyst InforlTIationTechnology 81Z4J200711:04AM Manilgement& Budget Anlllysl Date Approved By LllUrllDavisson County Manager's Office Office ofMlI.nagement & Budget e!2SI20078:52AM MichaelSmykowski Date Approved By County Manager's Office M<lnagement & Budget Director Office of Management & Budget 8129/200710:11 AM Approved By James V. Mudd BOllrd of County Commissioners Count,' Manager Date Count\' Manager'sOnice B1291200711:22AM filp.llr.\AoPnihTp."t\Pvnn-rt\~~.<;'..n1..mhPr(l/...,()11 O/n,()')()n7\lfl o/n,n'''lll1\1TVo/A,/YI\IIA 1\lAr. Q/"!'J{)()7 Agenda Item NO.1 08 September 11, 2007 Page 4 of 24 DRAFT ORDINANCE NO. 2007- AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM, BY REVISING SECTION SIX: CREATION OF THE CONSERVATION COLLIER ACQUISITION FUND; SECTION EIGHT: LAND ACQUISITION ADVISORY COMMITTEE; SECTION TEN: CRITERIA FOR EVALUATING LANDS FOR ACQUISITION AND MANAGEMENT; SECTION ELEVEN: ACQUISITION LIST; SECTION TWELVE: NOMINATION OF ACQUISITION PROPOSALS AND CANDIDATE SITES; SECTION THIRTEEN: PROCEDURE FOR SELECTION OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE ACQUISITION LIST AND SUBSEQUENT PURCHASE PROCEDURES; SECTION FOURTEEN: MANAGEMENT PLANS AND USE OF ENVIRONMENTALLY SENSITIVE LANDS; SECTION FIFTEEN: RESPONSIBILITIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has studied varIOus methods for the acquisition of environmentally sensitive land for conservation, preservation and urban green space; and WHEREAS, Collier County has Home Rule Powers established by the Florida State Legislature pursuant to Florida Statutes, Chapter l25 and has the power to carry on government to the extent not inconsistent with general law; and WHEREAS, Collier County desires to provide a mechanism to equitably deal with the implementation of the Community Character Plan, the Comprehensive Growth Management Plan, which recommend acquisition of environmentally sensitive lands; and WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized the County to levy a 0.25 mill ad valorem property tax for a period not to exceed 10 (ten) years, for acquisition, protection, restoration, and management of environmentally sensitive lands in Collier County for the benefit of present and future generations; and 1 Underline added: ~tril:8tRr8l:lbRs deleted. . Agenda Item NO.1 06 September 11, 2007 Page 5 of 24 WHEREAS, Collier County's significant natural resources, productive estuaries and wetlands, remarkable biodiversity, and unique subtropical habitats harboring many species of rare and endangered flora and fauna merit the most protection any county's citizens' could offer; and WHEREAS, it is the intent of the Board of County Commissioners of Collier County to establish Conservation Collier to implement this mandate and to support its purposes to the fullest, limiting all uses of, and all investment earnings on, such levies to such purposes; and WHEREAS, the Collier County Board of County Commissioners recognizes the need for the creation of an advisory board to advise the County and the public in the implementation of the program and the selection of project sites for acquisition; and WHEREAS, the Collier County Board of County Commissioners, in recognition of the fact that the proposed environmentally sensitive lands are to be purchased in whole or in part through a special ad valorem assessment, hereby recognize the rights of our citizens to have reasonable public access and for all our citizens to partake and enjoy various outdoor activities in a reasonable and environmentally friendly manner on lands purchased with these funds; and WHEREAS, the Board of County Commissioners will ensure that Conservation Collier is a willing participant program and shall utilize only methods of voluntary acquisition; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Name: This ordinance shall be known as Conservation Collier Implementation Ordinance. SECTION 2: Obiectives: Conservation Collier is therefore hereby established to acquire, preserve, restore, and maintain vital and significant threatened natural lands, forest, upland and wetland corrununities located in Collier County, for the benefit of present and future generations. SECTION 3 - Findin2s: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. All ad valorem funds generated hereby shall be collected by the Collier County Tax Collector. 2 Underline added: 'IrikolllfsHgHs deleted. Agenda Item No.1 06 September 11, 2007 Page 6 of 24 3. The County Manager, or his or her designee, shall administer this program in accordance with the procedures and criteria provided for herein. SECTION 4 - Purpose and Intent: 1. To acquire, protect and manage environmentally sensitive lands that contain natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features, maximizing protection of Collier County's rarest, most unique and endangered habitats; 2. To acquire, protect and manage environmentally sensitive lands that offer the best human social value, including equitable geographic distribution, natural resource based recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic setting of Co llier County; 3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the County's aquifers and protect its wetlands and surface water resources to ensure the delivery of clean and plentiful water supplies and provide flood control; 4. To acquire, protect and manage environmentally sensitive lands containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality; 5. To protect present conservation lands by acquiring, protecting and managing adj acent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance and buffer the environmental integrity of the resource, and add to resource connectivity; 6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 7. To help implement the objectives and policies of the Collier County Growth Management Plan which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources, wetlands, endangered species habitat, and vulnerable rare habitats; 8. To identifY Collier County's best and most endangered environmental lands for acquisition, protection and management by evaluating the biological and hydrological 3 Underline added: slfil,.llrrsuglls deleted. Agenda Item NO.1 OB September 11, 2007 Page 7 of 24 characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction, and the feasibility of managing the resource to maintain its natural attributes; 9. To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource-based recreational and educational opportunities, by employing management techniques that are most appropriate for each native community so that our natural heritage may be preserved and appreciated by and for present and future generations; 10. To have the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities; 11. To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier funds would leverage significant other matching sources of funding for other agency acquisition projects that would not be available without such a local match, or which would result in considerably higher funding rank in another program, however, Collier County shall exclude Municipalities within the County from any requirement to provide matching funds; and, 12. To cooperate actively with other acquisition, conservation, and resource management programs, including, but not limited to, such programs as the State of Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, and Save Our Rivers program, where the purposes of such programs are consistent with the purposes of Conservation Collier as stated hereinabove. SECTION 5- Definitions: The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: 1. "Acquisition proposal" shall mean (a) parcellS) of land which has/have been nominated or recommended for conservation in accordance with the procedures provided for herein. 2. "Acquisition project" shall mean (a) parcellS) of land approved by the Board of County Commissioners for conservation by the county in accordance with procedures provided for herein. 3. "Authorized Purpose" means expenditures authorized herein. 4. "Non-profit organization" shall mean an organization as defined in section 501 of 4 Underline added: stril:BtRfsblgBI3 deleted. Agenda Item NO.1 OB September 11, 2007 Page 8 of 24 the United States Internal Revenue Code, operating in Collier County, which includes among its primary goals the conservation of natural resources and the protection of the environment. 5. "Buffer land" shall mean that land which is adjacent to publicly-owned environmental land, or privately held land permanently dedicated to conservation, or that land which is an in- holding within publicly-owned environmental land, and which, if not acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity and connectivity of the resource. 6. "Environmentally sensitive" land shall mean that land which contains natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features. 7. "Management" shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance of the natural resource values of environmentally sensitive lands which have been acquired or approved for management under Conservation Collier, including provision of appropriate public access. 8. "Target Protection Areas" shall mean larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. 9. "Natural resource-based recreation" shall mean all forms of uses which are consistent with the goals of this program, and are compatible with the specific parcel. Such uses shall include, but not be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting and fishing. SECTION 6 - Creation of the Conservation Collier Acquisition Trust Fund. Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. 1. The Conservation Collier Acquisition Trust Fund shall receive monies from the following sources: a. All momes accepted by Collier County in the form of federal, State, or other governmental grants, reimbursements, allocations, or appropriations, foundation or private 5 Underline added; !'JR"il:ethr8l::1g11s deleted. r Agenda Item No. 10B September 11. 2007 Page 9 of 24 grants, donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. b. Such additional allocations as may be made by the Board of County Commissioners from time to time for the purposes set forth herein. c. All interest generated from the sources identified herein except where monies received have been otherwise designated or restricted. d. Supplementation from the Conservation Collier Management Trust Fund, but only with the approval of the Collier County Board of County Commissioners. e. Up to Eighty-five percent (85%)(75%) of all ad valorem revenues collected for Conservation Collier. f. The proceeds of any property acquired with funds from the Conservation Collier Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determined by the Board of County Commissioners, to be committed either to the Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in accordance with the goals of this Program. g. Prior to acquiring land located within a Municipality's boundaries, approval must fIrst be obtained from the governing body of that Municipality. 2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only for the following authorized purposes: a. Acquisition of properties which have been approved for purchase by reselHotisa sf the Board of County Commissioners. b. Costs associated with each acquisition including, but not limited to, appraisals, surveys, environmental reports, title commitments and insurance policies searsR work, real property taxes, documentary stamps and surtax fees, and other transaction costs. c. Costs of administering Conservation Collier, including any loans from the General Fund for funding start-up costs until such time as the fund is closed. Administration of the program may be conducted by County staff or by contract with a private or not for profit entity subject to meeting all County and Conservation Collier purchasing policies llroeeEllH'8s. Administrative costs shall be limited to the greatest extent possible. 6 Underline added: skil:etHr81:lghs deleted. Agenda Item No. 10B September 11, 2007 Page 10 of 24 d. To undertake and carry out studies and analyses of county conservation land needs and ways of meeting those needs, limited to no more than $150,000.00 e. To acquire and dispose of real and personal property or any interest therein when SHoR aGEjHisitiGR is necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitat areas or provide access to management of acquired lands; to acquire interests in land by means of land exchanges; and to enter into alternatives to the acquisition of fee interests in land, including, the acquisition 0 f easements, life estates, leases, and leaseback arrangements. f. Acquisitions consistent with the Collier County Land Development Code laOO developmeHt re;;l,llatioRs and the Growth Management Plan. g. To cooperate with other local, regional, state, or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County. h. All lands acquired and titled solely in the name of Collier County shall be managed by Collier County, wherever located, unless by mutual written agreement management arrangements and responsibilities are undertaken with other local, regional, state, or federal agencIes. All lands jointly acquired with other local, regional, state, or federal agencies, including Municipalities, shall include, as part of the acquisition process, some mutual written agreement regarding the responsibilities of the joint owners for maintenance. 1. To borrow money through the issuance of bonds for the purposes provided herein, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof. J. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under Florida Statutes, Section 215.47 as amended. k. To insure and procure insurance against any loss in connection with any of the trust's operations, including without limitation: a. The repaymcnt of any loans to mortgage lenders or mortgage loans; b. Any project; c. Any bonds of the County; 7 Underline added: 5tFil:li!t:RFe~';R9 deleted. r Agenda Item No.1 OS September 11, 2007 Page 11 of 24 Insurance may be procured in such amounts and from such insurers, including the Federal Govemment, as may be deemed necessary or desirable by Collier County. 1. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. m. To identifY parcels ofland that would be appropriate acquisitions. n. To do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted herein to the full extent of the law. SECTION 7 - Creation of the Conservation Collier Management Trnst Fund: There is hereby created the Conservation Collier Management Trust Fund (hereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation, enhancement, restoration, conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Environmentally Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Conservation Collier Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. 1. The Conservation Collier Management Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 2. The Conservation Collier Management Trust Fund shall receive monies from the following sources: a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed 15% (25%) of the total collected in anyone year. b. All monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for management. c. Additional allocations as may be made by the Board of County Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of Conservation Collier. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. 8 Underline added: swil:etkrsl:IgR5 deleted. Agenda Item NO.1 OB September 11, 2007 Page 12 of 24 3. Disbursements from the Conservation Collier Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein. SECTION 8 - Land ACQuisition Advisorv Committee: 1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to assist the Board of County Commissioners in establishing an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier. 2. Appointment and Composition: The Land Acquisition Advisory Committee shall be composed of nine (9) members who are appointed by and will serve at the pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001-55. Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced representation of the interests of Collier County citizens, including: a. Environmental and conservation interests in Collier County; b. Agricultural and business interests in Collier County; c. Educational interests in Collier County; and d. General civic and citizen interests from throughout the county. Individual members of the Land Acquisition Advisory Committee shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A nominee shall submit to the Board of County Commissioners written evidence of his or her expertise, knowledge or interest in any of the above. The members of this committee should include representatives from different areas of Collier County. 3. Terms of Office: The initial terms of office of the members shall be staggered between the individual interests, for balance purposes, and be set as follows: a. Three (3) members shall serve three (3) years. b. Three (3) members shall serve two (2) years. c. Three (3) members shall serve one (I) year. Thereafter, all appointments shall be for a term of three (3) years. The process for appointments and terms of office shall be governed by Collier County Ordinance No. 2001-55. 9 Underline added: slril,.lRrsUgRC deleted. r Agenda Item No. 10B September 11, 2007 Page 13 of 24 4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for a period of one (I) year, with eligibility for reelection. The presence of five (5) or more members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and Vacancies: Connnittee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No. 2001-55, as amended. 6. Functions, Powers and Duties of the Land Acquisition Advisory Connnittee: The Land Acquisition Advisory Connnitlee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to the Board of County Commissioners an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier and pursuant to the policies outlined herein below. b. The Land Acquisition Advisory Committee may, from time to time, recommend to the Board of County Commissioners proposed expenditures from the Conservation Collier Trust Funds; additional selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote. c. The Land Acquisition Advisory Connnittee shall have no power or authority to commit Collier County to any policies, to incur any financial obligations or to create any liability on the part of the County. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. 10 Underline added; striLeth. 8agas deleted. Agenda Item NO.1 OB September 11. 2007 Page 14 of 24 d. At such time as there are insufficient uncommitted funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed, the Land Acquisition Advisory Committee shall report to the County Commission that its business is concluded. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Collier Management Trust Fund. 7. Review of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall be reviewed by the Board of County Commissioners every four years in accordance with the provisions of Section Nine of Collier County Ordinance No. 2001-55, as amended. SECTION 9 - Properly Eli!!ib1e for Acquisition and Mana!!ement: 1. Properties eligible to be considered for acquisition and management under Conservation Collier shall be only environmentally sensitive lands available from willing and voluntary participants. 2. Acquisition of property shall not be constrained based on the immediate availability of management money. 3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance or donation to Collier County and is proposed for management by Conservation Collier shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. SECTION 10 - Criteria for Evaluatin!! Lands for Acquisition and Mana!!ement: 1. The evaluation of each acquisition proposal shall be based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria listed below under Section 2. The initial screening criteria are: a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. c. Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood controL ]1 Underline added: strilcetRFBH';RS deleted. Agenda Item NO.1 OB September 11, 2007 Page 15 of 24 d. Land containing the most biological value, including biodiversity, listed specIes habitat, connectivity, restoration potential, and ecological quality. e. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. f. Any qualified land which meets at least two of the above criteria, and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. WithoHt sHeh fundiflg eweulRsffiflees, Ceflservaticlfl Callier funds shall flot be a,':ailable for ]3f(}j eets v:ithifl the jurisaietiBfl 0f another a.;eBey's aSEJaisitioH BOWldaries:. 2. Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer most manageable parcels). 3. The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of Target Protection Areas within which are located specific sites which generally satisfY the initial screening criteria and meet the goals of Conservation Collier. Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of this Conservation Collier Implementation Ordinance, the following list is the first Target Protection Areas adopted for consideration by the Land Acquisition Advisory Committee, County Staff and the Board of County Commissioners. )!. All designated Urban lands on the Future Land Use Map of the Collier County Grow1h Management Plan with predominantly native vegetative cover. Q. All Collier County Natural Resource Protection Areas and Sending Lands, as shown on the Future Land Use Map of the Collier County Growth Management Plan. 12 Underline added; SWi}:SFRf8l:l;RS deleted. Agenda Item NO.1 08 September 11, 2007 Page 16 of 24 ~ All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Grow1h Management Plan. 4. The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners, a Conservation Collier Program Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for implementing the provisions of this ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of the acquisition and management program shall be immediate upon approval by the Board of County Commissioners, passage of the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual has not been completed. SECTION 11 - ACQuisition List: The overall Conservation Collier Acquisition List shall consist of two specific lists: the Target Protection Areas List and the Actiye Acquisition List. The Land Acquisition Advisory Committee and Board of County Commissioners shall approve both in accordance with the procedures set forth below: l. The Target Protection Areas List shall consist of lands representing the highest natural resource values (such as Natural Resource Protection Areas), but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Committee. It is established and updated in accordance with Conservation Collier goals, procedures and criteria. 2. The Active Acquisition List shall consist of criteria-qualified sites that have been selected from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which have reeei':ea pesiti':e responses had applications submitted by ffiHa property owners. The Active Acquisition List shall separate proposals into three (3) categories. A (pursue acquisition). B (hold for re-ranking in the next cycle), and C (no interest in acquiring). The A-categorv parcels/proiects shall be further categorized as 1 (high prioritv). 2 (medium priority) and 3 (low priority), in order to give County 13 Underline added; stril:etRr8H';;Rs deleted. , Agenda Item NO.1 OS September 11, 2007 Page 17 of 24 staff direction as to oriority for acquisition tasks. The Active Acquisition List shall be updated periodically according to Conservation Collier procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and for which acquisition is feasible will be placed on this list, pending recommendation approval by the Land Acquisition Advisory Committee and aporoval by the Board of County Commissioners. 3. Once approved by the Board of County Commissioners, the County shall actively pursue acquisition of A-categorv projects on the Active Acquisition List. All sites shall be pursued on a voluntary "willing participant" basis only, without the use of the County's eminent domain powers. 4. Projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. SECTION 12 - Nomination of acquisition proposals and candidate sites: l. Nominations for the Conservation Collier Program may be made by any person or organization. including Collier County. regional. State or Federal agencies. by contacting program staff in writing and providing positive identification of the parcel/proiect through a map or folio number(s). Staff will send an inquirv to the owner in the form of an interest letter advising of the nomination and asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. 2. An owner may nominate his or her own property by submitting an aoplication. 3. County staff will send letters of interest to property owners within Target Protection Areas as directed by the Land Acquisition Advisorv Committee asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. 4. An application submitted by the property owner to the County Manager or his designee shall be eyidence of a willing seller. 5. While 0 1. Specifie site c8RsiaeratiGR ~;r,'ill 8e ;iT,'Bfl 18 all iRdiT:iaaal properties ',','fliek lie \dthin the Target Protection "^.reas Lint and wh.ich haye generated a j30sitiye interest response to a letter of acquisition mquiry sent by the COImty or co>mty designated contact. t4 Underline added: stril:elhreNgRo deleted. Agenda Item NO.1 08 September 11, 2007 Page 18 of 24 2. Public and landowner applications nominating properties for acquisition may be submitted at any time, during or after the first annual public solicitation meeting (described below), applications shall be gathered and evaluated within the framework of an acquisition cycle. which time frame shall be publiclv announced. Bl' aB)' peFGOB or ergrmizatioB, iBShll,iiRg Collier CGHl1ty, regional, State or feaefal ageBeies. 3. ".II RomiR<HisRs shall Be made BY filiRg all <lflplieatioR with the COURty MtlRar;er er his aesigRee, 'l.'hicR will theR Be fOf\'.'a>aea te desir;Rated staff aIla tRe LaIld /\.cE]liisitisR .'\a'.'isory Committee For ra"/iew. 4, ~ There will be an annual public meeting for the purpose of updating the Board of County Commissioners and the public and for soliciting proposals and applications. The first such meeting will take place at the end of the first year of implementation of Conservation Collier. 3-. 7. If the applicant has aB s','.'Rership iBterest iR any real prope!iy cw/erea by all <lflplicatisR for proposed aCE]liisitioB, sueR Owner interest shall be disclosed in applications in the same manner as required of zoning applicants by the Collier County Land Development Code. This sRall Ret <lflply to go','ernmeBtal <lflplicaBts. €i. If the applicam aees Ret Ra','e an oWBership iRterest iR the real prepert:,' eo'.'ered by all a]3JllicatisB or if the <lflplicaBt is a r;oYeFflR'lea!al ar;eacy, the Bame aRd addreos of the OWRer as listed ia IRe Property .^.pJlFaiser's records shall be pro'/idea \'.'ith the applicatioR. SECTION 13 - Procedure for selection of acquisition proposals for placement on the Active Acquisition List and Subsequent Purchase Procedures: 1. Acquisition proposals for which applications have been received shall be prescreened using the initial screening criteria. Those that satisfv two (2) out of six (6) of the Initial Screening Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for a complete evaluation~ 1. UPOB "JlJlro'.'al sf the referendillB afld sU6,eE]lieatly with each lipaate sf tHe Ta>get Protection Areas list, COtHI!)' staff will sead letters of iRqHiry ts all property ov.'ners witltiB these T<H'r;et ProtectioB ".rea,. Positive respoRses will be for1.'ardea 10 aesir;Rated staff for prelimiBary fB",'i@y.', u~inb the initial rsereeain.; criteria. 15 Underline added: s!rilcelltrBughs deleted. . Agenda Item No.1 08 September 11, 2007 Page 19 of 24 2. ~^Ater tke first anRblal ]3aelie selieittifiea sf FlsmiRatiElFlS, lando',',11.er aHa 13blsliely Rommat8a Jlwjeets will B8 fGI".'.'ardeEl first to eOlffity staff fer !he HlailiRg sf iRqHiry letters. DesigBateEl staff usiRg tae initial sereeRing eriteria will reyiew all positive resJl8Rses. ';'2. Acquisition proposals which do not satisfy the initial screening criteria or which satisfv initial screening criteria but for other reasons NOHliRatea projlertieG taat may not fulfill the purposes of Conservation Collier or <10 Bot satisfy the initial eriteria will be reported to the Land Acquisition Advisory Committee and shall not be evaluated further unless at least five [5] members of the Land Acquisition Advisory Committee vote for a complete evaluation. <hL.,Proposals which satisfY the initial screening will be further evaluated for presentation are fon.'ara8El to the Land Acquisition Advisory Committee and staff for s8eonaar;,' "riteria review and ranking. Staff shall Evaluation shall include a site visit, which staff shall coordinate with the property owner, and which may include one Advisorv Connnittee member, review of information about the parcells) available in the County's electronic databases and research into any other records retained bv the County about the parcells). Using both observed and gathered data, staff shall prepare an Initial Criteria Screening Report (ICSR) which will include wOO alsRg '.'.'ita eaea j3roposal: boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, a summary of its potential for appropriate use, development potential of the site and adjacent land, an assessment of the management needs and costs, the assessed and estimated value, and any potentially available matching funds. TaiG aeqaiGition proposal iRfDl'HlatioR shall Be the Initial Criteria Sereenin;:; Report. ~. Upon completion of the Iffiti.alCffieflaSereeRiRgRej*ffi ISCR, the Land Acquisition Advisory Connnittee shall hold a public hearing to eonsider the rseGHlHlSBaations for presentation of information contained in the lCSR regarding each site, the applicants' and/or landowners' comments, and comments from the public. A courtesy notice shall be provided to the owners of properties which are the subject of the hearing, although failure to notify said owners shall not invalidate these proceedings. 5. After all properties within the currcnt acquisition cycle have been presented, t+he Land Acquisition Advisory Committee shall evaluate all qualified proposals using tes sSGondary ranking criteria, as documented in the ICSR IRitial Criteria Ser88Ring Report_ along with. aR4 public comments, and their own experience and iudgments. and then rank the parcels according 16 Underline added: Elwi1:etlire1:lg:Rs deleted. Agenda Item NO.1 OB September 11, 2007 Page 20 of 24 to the A. B and C ranking categories to create a recommended 13ropose top r!Hl.kea proposals for the Active Acquisition List at tlHs a public hearing. SlIBS8Ejlieat Additional meetings may be called to complete this task. e.:. CSHflty staff se.aU eeorElinate initial site ~:isits T.T;ith Lana /10quisitieB ~^nh'isory Csmmittee aHa iaterestea laeds'::eers sf top ranked prspssals Illat ar-e prsj3ssed for Ille /\eti':e ,^.eEjaiaitieR List. Staff shall write Site Visit R6jlsIts regaraiR>; all iRitial site visits. +, UpOR eompletioR of the staffs iHitial site visit repsrts, Ille Land ,^.eqaisitisR Adyisory CSHURittee shall eOflveae a ploll3lie aeaRe>; to reGsmmeRd additioRs to, and 8flprs':e the ,^,Gtive ,^.GEiaioitiGR List for soomittal to tRe geard of COllHt:,' CsmmissioHers. CoordiHatioR will Be made wita any poteetial malekiag; fuRds eetities, as Reeessary. g,. 6. The recommended Active Acquisition List shall be forwarded to the Board of County Commissioners, who. in a public meeting, shall vote on whether to approve all or part of the proposed Active Acquisition List. Properties mav be added but any additional properties must be subiected to the entire evaluation process. 7. County Staff shall notifY property owners and the public of the final approved Active Acquisition List. !Hld aBJ' additi0Hs Illat may Be added Ie it. '^.dditioHs may 8e aaaea 8at !HIY aaditiGHal properties must 8e sHbjeetea to tae eHtire evalllatisR proeess. 8. After approval of the Active Acquisition List, Real Estate Services staff will arrange for appraisals for A-categorv parcels/proiects and when appraisals are received make an offer to the owner(s) pursuant to the approved Conservation Collier Land Acquisition Purchase Policy (Resolution No. 2003-195. or as superseded). Parcels located within the Rural Fringe Mixed Use District "Sending" lands are subiect to additional requirements regarding Transfer of Development Rights (TDR) credits, as specified in the Conservation Collier Land Acquisition Purchase Policy, Resolution 2003-195, or as superseded. tae gsard ef COllnty Commissioners will airect Once an offer is accepted, Real Estate Services staff will prepare a contract and request the owner sign. This signed contract will be presented to the Land Acquisition Advisorv Committee at a public meeting to decide. bv maioritv vote. whether to recommend approval of the contract to the Board of County Commissioners. Along with the contract. staff will provide wilks prepare a Project Design Report for each parcel/project, including cost. appraisals, title researe!>, history ,aea purpose of project, and program qualifications. 17 Underline added; stril:etiH:el:l;;l=is deleted. Agenda Item NO.1 06 September 11, 2007 Page 21 of 24 9. After obtaining a recommendation from the Land Acquisition Advisorv Committee, the contract. Proiect Design Report and Land Acquisition Advisorv Committee recommendation will be presented to the Board of Countv Commissioners at a Dublic hearing for their review and approval. 9. V13E1R 6BFRfJletiBR Elf fue Project Desiga RBl3E1rtS, tRe Lana /~equisiti8R .^..:ElT:isery CSRllHiFtee sRall ReId a sse8Fld p1:ls1ie meetiRg t8 EleeiEle, 8)' majerity T,'ote, \T:hiek 13rejeets are raeommanaea to pfCleeed to H@gotiatiClRS. 10. The Board of County Commissioners shall have final approval authority for ~ a13J3fC:F:al Brike ~^~etiT,'E! ~^AeEll+isiti01q List aHa tHE! Lana.^.J3EJ.l:lisitiBFl Ccrm.m.iUee's: reGemmsFlaatioFlS fef RsgetiatiElRS, ',':ill instruet COUflty staff t8 Fls;Btiate :feT fll:lreaRSe for each listed prejeet, v:ith optiClRal Hse Clf a third party nClH profit ClrgaRizatioH HegotiatClr, as tIDlherizea B)' the Eloara of COWl!:,' CommisoiClHefG. 11. UI"ClB sHeeessful eompletioB of Beget-iatisHs, CSHfll)' staff will preseHt te t-he LaRa "^.SElHisitiBf1 .^.a':isory Cornrnitte0 tHE! fJroposea 6eR-1:raet terms for the eonlmittee's rs':ie',T: and reeem.msFlaatisRs. C01iHtj' staff ','.'ill Fer;r:ara fue r@comn1eRdations of tRe La.fl8 .\.cftUisition .^n:lT:isery Ct:HTIFRiFtee tEl tRe Bean:! ef Cebffity Commissionefs fOf contrasts reeemmended for appro'lal aRd for eClntraets that ShOHla Bot prooeed as Bebetiatea. 12. The Eloard Clf CeHBt)' Cemmissioaers shall appro':e the contract terms for each proposed project and shall authorize any and all purchases. 11. Once a contract has been approved and executed by the Board of County Commissioners in accordance with County policies, Real Estate Services shall proceed close on the purchase of propertv in accordance with County Dolicies. SECTION 14 - Management plans and use of environmentallv sensitive lands: 1. No later than 2's'ixty [60] (ninety [90]) days from the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction. Any such interim management planes) shall not be implemented for more than two (2) years after acquisition of the property, prior to the expiration of two [2] years, either a new management plan shall be implemented or, by affirmative action of the Board, the interim plan shall continue. 18 Underline added: sml:eH=1F8l:lgks deleted. Agenda Item NO.1 OS September 11, 2007 Page 22 of 24 2. A final management plan, with required review and updating every ten years, shall be prepared, with review and input of the Land Acquisition Advisory Connnittee, for each property acquired by Conservation Collier which shall: (a) IdentifY such management activities as are necessary to preserve, enhance, restore, conserve, maintain, or monitor the resource, as appropriate; and (b) IdentifY such uses as are consistent with the preservation, enhancement, restoration, conservation, and maintenance of the resource; and (c) Estimate the annual costs of managing the proj ect. 3. Annually, the ten-year management plans prepared during the preceding year shall be submitted to the Board of County Commissioners for its approval. Each ten-year management plan shall be updated at least every five (5) years from the last date of Board approval, and may be amended as often as required. Management plan updates and amendments shall be reviewed by the Land Acquisition Advisory Committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. 4. All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shall be managed in accordance with the approved management plan for that property. 5. No use, infrastructure, or improvement shall be permitted on any property acquired or managed under Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. 6. The County will seek cooperative management arrangements with other agencies and entities, in keeping with the approved management plans and goals of Conservation Collier. 7. Purchasing land using Conservation Collier program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of Conservation Collier, unless such lands are exchanged for similar lands within and between multi-parcel proiects that have been previouslv recommended by the Conservation Collier Land Acquisition Advisorv Committee and approved by the Board of County Commissioners in accordance with the goals and purposes of the Program In case of these land exchanges. development rights are restored to those properties exchanged out of Countv ownership. 8. Public access is an important element of management and this Program. Examples of permitted uses, subject to compatibility with specific parcels, include: hiking, nature 19 Underline added; st.;l,otN8HgRs deleted. Agenda Item NO.1 OB September 11, 2007 Page 23 of 24 photography, bird watching, kayaking, canoeing, swimming, hunting and fishing. The program will also make the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. SECTION 15 - Responsibilities of the County Manal!er: The County Manager shall facilitate such activities, designate such staff, and assign such responsibilities as are necessary to fulfill the purposes of this Ordinance. ehapter. Tae manager saal1, at a miRimam, as ae following: 1. Designate staff to evaluate aGEjaisition proposals ill. aCGGfdllRcs ';:ilH lHe appFGWa criteria ana pFllflare and implemsRt prej eet ma.nageHleRt plans. 2. Make reeomrneF!datioRs to the Land /\cquisitioR "^.dvisory Col'lilllittee SR aSf):Hisitien pn:Jp0sals. 3. Designate a n@gGtiatisfl reSGaree eommittee to de:<:€lop negetia-tiofl str&te;;ies F0f approved aequisitisR j'lrEljeGts, to monitor RegotiatisRs, ana to assist iF! eoordimting all aeti':ities relatiRg to F!egotiatioF!s, parGease agreemeRts and dosiF!gs, as F!eeaea. THe 1>legotiatioR Resoarce CORlHli1tee shall iRdude at least one (1) representative from tHe Real Property DllflartmeRt, \l;e Environmental Serviees DSflartHlsRt, tHe D8j3artmeRt of Faeilities ManabelHsRt, \l;e Parks and RecreatioR DcpartmeRt, and tHe CouRty /\ttorney. SECTION 16 - Sunset of the Conservation Collier Ad Valorem Tax: 1. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless reauthorized through similar voter referendum approval. 2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands remain in county hands. SECTION 17 - Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 18 - Conflict and Severabilitv: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 20 Underline added: stFil:etkrsl:lg:Rs deleted. Agenda Item NO.1 OB September 11. 2007 Page 24 of 24 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 19 - Effective Date: This Ordinance shall take effect only upon the passage of the November 5, 2002 referendum levying up to 0.25 mills of ad valorem taxes for a period of ten (l0) years to fund the acquisition of environmentally sensitive lands and its being filed with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2007. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: JAMES N. COLETTA, Chairman Approved as to Form and Legal Sufficiency: Jennifer A. Belpedio, Assistant County Attorney 21 Underline added; Strib~thr8l:lgk5 deleted. Agenda Item NO.1 OC September 11, 2007 Page 1 of 39 EXECUTIVE SUMMARY Recommendation for the Collier County Board of Commissioners (BCC) to approve a Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $9,000,000 Revolving Line of Credit Agreement with Wachovia Bank; approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments (Companion to Item 14Gl) OBJECTIVE: Recommendation for the Collier County Board of Commissioners (BCC) to approve a Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $9,000,000 Revolving Line of Credit Agreement with Wachovia Bank; approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments. BACKGROUND: Florida Statute 163358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property and to borrow money. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the Board of County Commissioners (BCC) as the governing body of the Community Redevelopment Agency and the trustee of the Redevelopment Trust Fund. On March 27, 2007 the CRA and BCC authorized the CRA to advertise a request for proposals (RFP) for a bank loan in the amount not to exceed $9,000,000. On August] 7,2007, the RFP Selection Committee reviewed the RFP applications and recommended the selection of Wachovia Bank as the CRA's lender of a $9,000,000 Revolving Line of Credit. CONSIDERATIONS: The Community Redevelopment Agency has identified parcels ofland and economic development catalyst projects important to the proactive redevelopment of the Bayshore Gateway Triangle sector of the Collier County CRA. These parcels are identified in the CRA Master Redevelopment Plan as potential sites for a catalyst redevelopment projects, and their acquisition or assembly with adjacent parcels will provide the CRA an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. With BCC approval, the CRA has entered into a real estate contract for the purchase of commercial land for $3,500,000 and will close on September 25, 2007. If the Wachovia Revolving Line of Credit Agreement is approved, the CRA will make an initial draw of $3.5 million, plus associated closing costs. - Due to the high cost to acquire large sums of financing, an additional loan amount over the purchase price of this parcel was requested as a set-aside for the future acquisition of other parcels within the mini-triangle and surrounding the identified site, to cover the cost of site preparation/demolition, future infrastructure improvements and incurred administrative costs. Agenda Item NO.1 OC September 11, 2007 Page 2 of 39 Source of repayment for the line of credit debt will be Bayshore Gateway Triangle CRA Trust Funds and/or the proceeds from sale of real property. Since CRA tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies has been made by certified ] etters. FISCAL IMPACT: Sufficient Bayshore/Gateway Triangle CRA tax increment revenues are available to service debt payments on the entire $9M line of credit, if drawn. Budget amendments will be necessary to set up the required debt service reserve. This financing requires the pledge of CRA tax increment revenucs as the debt repayment source as well as other ministerial language required by statute. All enabling documents have been negotiated by bond counsel and prepared for BCC and CRA approval. While the first line of credit with Wachovia Bank totaled $7M on a non-revolving basis, this line of credit ($9M) contains a revolving feature. Under the revolving provision, the CRA may borrow, pay down and re-borrow amounts only to the extent that the re-payment source is property sales. Operating revenue is not considered a re-payment source to trigger the revolving feature. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDERATIONS: Bond counsel together with the county attorney's office have reviewed and prepared all necessary loan documentation as presented for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Board of Commissioners (BCC) to approve a Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $9,000,000 Revolving Line of Credit Agreement with Wachovia Bank; approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments. Prepared by: David L. Jackson on August 28, 2007 Executive Director Bayshore/Gateway Triangle Community Redevelopment Agency Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 10C September 11. 2007 Pilge 20 of 39 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C This item to be heard at 11.00 a,m :mmediately following Item 14A. Recommendation for the Collier County Board of Commissioners (BCC) to approve a Resolution aut!1orizing the Collier County Community Redevelopment Agency (eRA! to enter into a $9,000,000 Revolving L1I1e of Credit Agreement with Wachovia Bank approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments, (David Jacllson, Executive Director, Bayshore Gateway Triangle CRA) 9/11/20079:00:00AM D"" Prepared By David Jackson Community Redevelopment Agency Executive Director Bayshortl-Gateway Redevelopment Bi2B/200711:45:34AM OMB Coordinator Date Approved By AdministrativeSelYicas Applications Analyst tnfomlationTechnology 8i29/200711:27AM Approved By MichaelSmykowski County Manager's Office Management & Budget Director Dale Office of Management & Budget BI29/200711:49AM Date Approved By JamesV. Mudd Board of County Commissioners County Manager County Manllger'sOffice BI29/20071:00PM file://C:\Al!endaTest\Exnort\RR-Sentemhe~/,,2() 11 %202007\ 1 ().%20COT TNiY%7,OM A NAG 9/'i!7007 Agenda Item No.1 OC September 11, 2007 Page 4 of 39 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING TIlE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TO ENTER INTO A REVOL VING LINE OF CREDIT AGREEMENT WITH WACHOV1A BANK, NATIONAL ASSOCIATION; APPROVING THE ACTIONS TAKEN BY THE AGENCY WITH RESPECT TO ITS APPROVAL OF THE REVOL VING LINE OF CREDIT AGREEMENT; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION 1. FINDINGS. It is hereby found and determined that; (A) On the date hereof, the Collier County Community Redevelopment Agency (the "Agency"), at a duly held meeting, adopted a resolution (the "CRA Resolution"), which, among other things, authorized the Agency to enter into a revolving line of credit facility (the "Line of Credit") with Wachovia Bank, National Association (the "Bank") and approved the form of a Revolving Line of Credit Agreement (the "Line of Credit Agreement") to be entered into between the Agency and the Bank. (B) The Agency shall make draws against the Line of Credit in ordcr to finance and rcfinance various capital improvements within the Bayshore/Gateway Triangle Community Redevelopment Area (the "Community Redevelopment Arca"). (C) The Agency's repayment obligations under the Line of Crcdit Agreement shall be secured by and payable from incrcment tax revenues to be collectcd by the Agency with respect to the Community Redevelopment Area, and other legally available moneys of the Agency as described in the Line of Credit Agreement (the "Pledged Funds"). (D) The Board of County Commissioners (the "Board") of Collier County, Florida (the "County") finds it to be in the best interests of the County to authorize the Agency to enter into the Line of Credit and to approve the provisions of the Line of Credit Agreement. Agenda Item No.1 OC September 11 , 2007 Page 5 of 39 SECTION 2. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, Chapter 163, Part III, Florida Statutes, and other applicable provisions oflaw. SECTION 3. AUTHORIZATION OF AGENCY ENTERING REVOLVING LINE OF CREDIT. The County hereby authorizes the Agency to enter into the Line of Credit for the purposes set forth in the Line of Credit Agreement. SECTION 4. APPROVAL OF FORM OF REVOLVING LINE OF CREDIT AGREEMENT. The terms and provisions of the Line of Credit Agreement in substantially the form attached hereto as Exhibit A are hereby approved, with such changes, insertions and additions as the Chair of the Agency may approve, her execution thereof being evidence of such approval. SECTION 5. APPROVAL OF IMPAIRMENT; NO ADDITIONAL DEBT. AGENCY'S ACTIONS; NO (A) The Board hereby approves the actions taken by the Agency in its adoption of the CRA Resolution. (B) So long as any indebtedness of the Agency is outstanding under the Line of Credit Agreement, the pledging of the Increment Tax Revenues (as defined in the Line of Credit Agreement) in the manner provided in the Line of Credit Agreement shall not be subject to repeal, modification or impainnent by any subscquent ordinance, resolution, agreement or other proceedings of the County or the Agency. The County covenants to do all things necessary or required on its part by the Act, or other applicable provisions of the law, to maintain the levy, collection and receipt of the Increment Tax Revenues. The County shall exercise all legally available remedies to enforce such levy, collection and receipt now or hcreafter available under law. The County will not take any action, or enter into any agreement that shall result in reducing the level of Increment Tax Revenues received by the Agency from that level prevailing at the time the County takes such action or enters into such agrecment. Without limiting the generality of the foregoing, the County agrees not to cause or allow the boundaries of the Community Redevelopment Area to be decreased or the Agency to cease to exist or to shorten the scheduled sunset provision with respect to the Agency's existence without the prior written consent of the Bank. (C) So long as any indebtedness of the Agency is outstanding under thc Line of Credit Agreement, the County shall not issue any indebtedness or allow the Agency to issue any indebtedness that is payable from or secured by the Increment Tax Revenues unless the provisions of Section 2.07 of the Line of Credit Agreement are complied with. SECTION 6. LIMITED OBLIGATION. The obligation of the Agency to repay amounts, if any, drawn under the Line of Credit Agreemcnt is a limited and special 2 Agenda Item NO.1 OC September 11, 2007 Page 6 of 39 obligation payable from the Pledged Funds solely in the manner and to the extent set forth in the Line of Credit Agreement and shall not be deemed a pledge of the faith and credit or taxing power of either the Agency or the County and such obligation shall not create a lien on any property whatsoever of or in the Agency or the County other than the Increment Tax Revenues and such other moneys. The pledge of the Increment Tax Revenues shall be junior and subordinate in all respects to the pledge thereof granted with respect to the existing Line of Credit Agreement dated as of July 26, 2006, between the Agency and the Bank. SECTION 7. GENERAL AUTHORITY. The members of the Board and the County's officers, counsel, agents and officials are hcreby authorized to do all acts and things required of them consistent with the requirements of this Resolution, the CRA Resolution, the Line of Credit Agreement and any other document relating to the matters described herein for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution, the CRA Resolution, the Line of Credit Agreement and such other documents. SECTION 8. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions contained herein shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, thcn such covenants, agreements or provisions shall be null and void and shall be deemed severable from the rcmaining covenants, agreements or provisions hereof and shall in no way affect the validity of any of the other provisions of this Resolution. [Remainder of page intentionally left blank] 3 r Agenda Item NO.1 OC September 11, 2007 Page 7 of 39 SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED, in Regular Session this 11 th of September, 2007. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: Chair ATTEST: Clerk of Circuit Court and Ex-Officio Clerk to the Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY: aJ\rL~'^ I 1011 . {JuJ-€-d - /JU~'6 Marj eM. Student-Stirling, Assistant County Attorney 4 Agenda Item NO.1 OC September 11, 2007 Page 8 of 39 EXHIBIT A Form of Line of Credit Agreement Agenda Item NO.1 OC September 11, 2007 Page 9 of 39 REVOLVING LINE OF CREDIT AGREEMENT BElWEEN COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND W ACHOVIA BANK, NATIONAL ASSOCIATION Dated as of September _,2007 SECTION 1.01. SECTION 1.02. SECTION 1.03. Agenda Item NO.1 OC September 11, 2007 Page 10 of 39 TABLE OF CONTENTS Pal!e ARTICLE I DEFINITION OF TERMS DEFINITIONS... .... ........ ........ ............................ .................... ...... ...... 2 INTERPRET A TION ..........................................................................4 TITLES AND HEADINGS .........................................................4 ARTICLE II REPRESENT A TIONS, W ARRANTlES AND COVENANTS; SECURlTY FOR NOTES SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. REPRESENTA TlONS BY THE AGENCY...................................... 6 GENERAL REPRESENT A TIONS, WARRANTIES AND COVENANTS OF THE BANK.............................................. 7 MASTER NOTE AND DRAWS NOT TO BE INDEBTEDNESS OF THE AGENCY, COUNTY OR STATE .............. ...................... ................................................ 7 SECURITY. ............. ............. ..... ....... ......... ...... ........ ........................ 7 PAYMENT COVENANT................................................ 7 NO IMPAIRMENT; RECEIPT OF INCREMENT TAX RE~NU~.......................................................................7 ISSUANCE OF ADDlTlONAL AGENCY DEBT. ........................ 8 ARTICLE III DESCRIPTION OF MASTER NOTE AND DRAWS; PAYMENT TERMS; OPTIONAL PREPA YMENT SECTION 3.01 SECTION 3.02. SECTION 3.03. SECTION 4.01. SECTION 5.D!. DESCRIPTION OF THE MASTER NOTE AND DRAWS........... 11 OPTIONAL PREPA YMENT ......................................................... 12 ADJUSTMENTS TO INTEREST RATES .............................13 ARTICLE IV CONDlTlONS FOR DRAWS CONDITIONS FOR DRAWS ............. .....................14 ART1CLE V EVENTS OF DEFAULT; REMEDIES EVENTS OF DEFAULT ..... .............__..................................... 16 I Agenda Item NO.1 OC September 11, 2007 Page 11 of 39 SECTION 5.02. REMEDIES ...................................................................................... 16 ARTICLE VI MISCELLANEOUS SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. SECTION 6.06. SECTION 6.07. SECTION 6.08. SECTION 6.09. AMENDMENTS. CHANGES OR MODIFICATIONS TO THE AGREEMENT................................................................ 18 COUNTERPARTS. ........ ...... ................ ............ ...... .......... ...... .......... 18 SEVERA.B1L1TY ............................................................................. 18 TERM OF AGREEMENT.............._................................................18 NOTICE OF CHANGES IN FACT................................................. 18 WAIVER OF JURY TRIAL.......................................................... 18 NOTICES... ...... .............. ........ ...... ..._.. ...... ........ ...... .......................... 19 APPLICABLE LA W........_........................._..__................................. 19 INCORPORA nON BY REFERENCE........__......__......................... 19 EXHIBITS EXHIBIT A - FORM OF DRAW CERTIF1CATE............................___.......__.................A-1 EXHIBIT B - FORM OF MASTER NOTE..._..........................__................................... B-1 EXHIBIT C - FORM OF DRAW REQUEST ............._....__.......................................... C-1 EXHIBIT D - SCHEDULE OF HISTORICAL INCREMENT TAX REVENUES .._... D-1 II Agenda Item NO.1 OC September 11, 2007 Page 12 of 39 This REVOLVING LINE OF CREDIT AGREEMENT (the "Agreement") is made and entered into as of September _, 2007, by and between the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, FLORIDA, a community redevelopment agency duly organized and validly existing under the laws of the State of Florida, and its successors and assigns (the "Agency"), and W ACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association authorized to do business in the State of Florida and its successors and assigns (the "Bank"); WIT N E SSE T H: WHEREAS, the Agency is authorized by provisions of the Chapter 163, Part 111, Florida Statutes, Chapter 125, Florida Statutes, and other applicable provisions of law (collectively, the "Act") to, among other things, acquire, construct, equip, own, sell, lease, operate and maintain various capital improvements and public facilities to promote the purposes of the Act and the welfare and economic prosperity of the residents of Collier County, Florida (the "County") and to borrow money to finance and refmance the acquisition, construction, equipping and maintenance of such capital improvements and public facilities; and WHEREAS, the Agency finds it necessmy and in the best interests of the Agency to finance from time to time the costs for the planning, design, acquisition, construction, reconstruction, equipping and maintenance of a various capital improvements and public facilities to be more particularly described and identified as provided herein and all incidental costs relating thereto (collectively, the "Projects"); and WHEREAS, the Agency finds that the Projects will serve a public purpose under the Act; and WHEREAS, the Bank is willing to make available to the Agency, and the Agency is willing to enter into a revolving loan facility pursuant to the terms and provisions of this Agreement in the principal amount of not exceeding $9,000,000 (unless otherwise adjusted upward in accordance with the terms hereof) under which the Agency may draw moneys from time to time to finance or refinance the costs of the Projects. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: Agenda Item No.1 OC September 11, 2007 Page 13 of 39 ARTICLE I DEFINITION OF TERMS SECTION 1.01. DEFINITIONS. The terms defined in this Article I shall, for all purposes of this Agreement, have the meanings in this Article I specified, unless the context clearly otherwise requires. "Act" shall mean the Florida Constitution, Chapter 163, Part III, Florida Statutes, Chapter 125, Florida Statutes, and other applicable provisions of law. "Agency" shall mean the Collier County Community Redevelopment Agency, a community redevelopment agency duly created and validly existing under the laws of the State of Florida. "Agency Debt" shall mean any indebtedness of the Agency secured by or payable from, in whole or in part, any portion of the Pledged Funds, including but not limited to Draws made hereunder. "Agreement" shall mean this Revolving Line of Credit Agreement, dated as of September --' 2007, by and between the Agency and the Bank and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Annual Debt Service" shall mean the aggregate amount in the applicable Fiscal Year of principal and interest required to be paid on outstanding Agency Debt during such Fiscal Year. "Authorized Officer" shall mean the Chair of the Governing Body or his or her duly authorized designee. "Bank" shall mean Wachovia Bank, National Association, and its successors and assIgns. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A., Tampa, Florida or any other attorney at law or finn of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Business Day" shall mean any day other than a Saturday, Sunday or a day on which the Bank is authorized or required to be closed. 2 Agenda Item No. 10C September 11, 2007 Page 14 of 39 "Chair" shall mean the Chair of the Governing Body, or in his or her absence or unavailability, the Vice-Chair of the Governing Body. "Community Redevelopment Area" shall mean the Bayshore/Gateway Triangle Redevelopment Area identified by the County pursuant to Resolution No. 2000-82, adopted on March 14, 2000 and Ordinance 2000-42, adopted on June 13,2000. "Community Redevelopment Trust Fund" shall mean the Community Redevelopment Trust Fund established by the County pursuant to Ordinance 2000-42, adopted on June 13, 2000. "County" shall mean Collier County, Florida, a political subdivision of the State of Florida. "Draw" or "Drawing" shall mean a borrowing of money against the Master Note in accordance with this Agreement. "Draw Certificate" shall mean the certificate of the Agency required to be delivered with respect to each Draw pursuant to Section 4.0l(a) hereof, the form of which is attached hereto as Exhibit A. "Draw Request" shall mean the written request of the Agency to the Bank to make a Draw against the Master Note pursuant to Section 4.01(a) hereof, the form of which is attached hereto as Exhibit C. "Final Maturity Date" shall mean April 1, 2012. "Fiscal Year" shall mean the 12-month period commencing on October 1 of any year and ending on September 30 of the immediately succeeding year. "Governing Body" shall mean the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Governing Body of the Agency. "Increment Tax Revenues" shall mean all of the increment tax revenues that are derived within the Community Redevelopment Area and received by the Agency, all in accordance with Chapter 163, Part 111, Florida Statutes, and Ordinance No. 2000-42 of the County, as it may be amended and supplemented from time to time. "Interest Payment Date" shall have the meaning ascribed thereto III Section 3.0 led) hereof. "Interest Rate" shall mean the LlBOR Rate plus fifty (50) basis points, which Rate shall be adjusted with respect to Draws against the Master Note each quarter, as provided herein. ~ ,) r Agenda Item NO.1 OC September 11, 2007 Page 15 of 39 "L1BOR Rate" shall mean the three-month London interbank offered rate as set fOlth on page 3750 of the Telerate System in agreement with the British Bankers Association. This rate shall be used by the Bank in computing the Interest Rate. "Master Note" shall mean the Collier County Community Redevelopment Agency Taxable Revolving Master Note (Wachovia Bank, National Association) authorized by the Resolution and more particularly described in Article III hereof. "Maximum Annual Debt Service" shall mean the maximum Annual Debt Service to come due during the then current or any subsequent Fiscal Year of the Agency on outstanding Agency Debt and the proposed Agency Debt for which the additional bonds test set forth in Section 2.07 hereof is being calculated. "Pledged Funds" shall mean, collectively, (I) the Increment Tax Revenues, (2) the net proceeds of any Agency Debt that is issued by the Agency to refinance Draws hereunder, and (3) Real Property Sales Proceeds. "Prior Agreement" shall mean the Line of Credit Agreement, dated as of July 26, 2006, between the Agency and the Bank. "Real Property Sales Proceeds" shall mean the net proceeds derived by the Agency from the sale of any real property purchased by the Agency with proceeds of Draws and located within the Community Redevelopment Area. "Resolution" shall mean the Resolution adopted by the Agency on September 11, 2007, which among other things authorized the execution and delivery of this Line of Credit Agreement and the issuance of the Master Note. "Secretary" shall mean Clerk of the Circuit Court of Collier County, Florida and Ex-Officio Clerk to the Board of Commissioners of Collier County, Florida, acting in his capacity as Secretary to the Agency, or his duly authorized designee. "State" shall mean the State of Florida. SECTION 1.02. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. Any capitalized terms used in this Agreement not herein defined shall have the meaning ascribed to such terms in the Resolution. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof SECTION 1.03. TITLES AND HEADINGS. The titles and headings of the articles and sections of this Agreement, which have been inserted for convenience of 4 Agenda Item NO.1 OC September 11, 2007 Page 16 of 39 reference only and are not to be considered a part hereof, shall not in any way modifY or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. [Remainder of page intentionally left blank] 5 f Agenda Item NO.1 OC September 11, 2007 Page 17 of 39 ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS; SECURITY FOR NOTES SECTION 2.01. REPRESENTATIONS BY THE AGENCY. The Agency represents, warrants and covenants that: (a) The Agency is a community redevelopment agency duly organized and validly existing under the laws of the State. Pursuant to the Resolution, the Agency has duly authorized the execution and delivery of this Agreement, the performance by the Agency of all of its obligations hereunder, and the issuance of the Master Note in the aggregate principal amount not to exceed $9,000,000. (b) The Agency has complied with all of the provisions of the constitution and laws of the State, including the Act, and has full power and authority to enter into and consummate all transactions contemplated by this Agreement or under the Master Note, and to perform all of its obligations hereunder and under the Master Note and, to the best knowledge of the Agency, the transactions contemplated hereby do not conflict with the terms of any statute, order, rule, regulation, judgment, decree, agreement, instrument or commitment to which the Agency is a party or by which the Agency is bound. (c) The Agency is duly authorized and entitled to issue the Master Note and enter the Agreement and, when issued in accordance with the terms of this Agreement, the Master Note and the Agreement will each constitute legal, valid and binding obligations of the Agency enforceable in accordance with their respective terms, subject as to enforceability to bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. (d) There are no actions, suits or proceedings pending or, to the best knowledge of the Agency, threatened against or affecting the Agency, at law or in equity, or before or by any governmental authority, that, if adversely determined, would materially impair the ability of the Agency to penoml the Agency's obligations under this Agreement or under the Master Note. (e) The Agency will furnish to the Bank a copy of the annual audited financial statements of the County, including all standard statements for a Comprehensive Annual Financial Report, prepared by a certified public accountant acceptable to the Rank, within 180 days of the close of each Fiscal Year or as soon as such items become available, which Report shall show the Increment Tax Revenues collected for such Fiscal Year. At the time the Agency provides the foregoing financial statements it shall also provide to the Bank an updated schedule of historical Increment Tax Revenues in substantially the 6 Agenda Item NO.1 OC September 11. 2007 Page 18 of 39 form attached as Exhibit D hereto. The Agency shall also provide the Bank with a copy of the annual budget of the County each year within 30 days of the final adoption of such budget. AJI such information should be provided to the Bank in printed form (rather than electronic form) and without cost to the Bank. SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BANK. The Bank hereby represents, warrants and agrees that it is a national banking association authorized to execute and deliver this Agreement and to perform its obligations hereunder, and such execution and delivery will not constitute a violation of its charter, articles of association or bylaws. Pursuant to the terms and provisions of this Agreement, the Bank agrees to establish a loan facility on behalf of the Agency pursuant to which it will make or underwrite one or more loans to the Agency for the purpose of financing or refinancing the costs of Projects. SECTION 2.03. MASTER NOTE AND DRAWS NOT TO BE INDEBTEDNESS OF THE AGENCY, COUNTY OR STATE. The Master Note, when delivered by the Agency pursuant to the terms of this Agreement, and the Draws made thereagainst, shall not be or constitute an indebtedness of the Agency, the County, the State of Florida or any political subdivision or agency thereof, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the Pledged Funds, as herein provided. The Bank shall never have the right to compel the exercise of the ad valorem taxing power of the Agency or the County, or taxation in any form on any property therein to pay the Draws or the interest thereon. The Draws are special and limited obligations payable as to principal and interest solely from the Pledged Funds. SECTION 2.04. SECURITY. The Master Note and the Draws thereagainst shall be secured by and payable from the Pledged Funds. The Agency does hereby irrevocably pledge the Pledged Funds to the payment of the principal of and interest on the Master Notes and the Draws thereagainst in accordance with the provisions hereof. THE PLEDGE OF AND LIEN ON THE INCREMENT TAX REVENUES SHALL BE JUNIOR AND SUBORDINATE IN ALL RESPECTS TO THE PLEDGE OF AND LIEN ON THE INCREMENT TAX REVENUES GRANTED BY THE AGENCY PURSUANT TO THE PRIOR AGREEMENT. SECTION 2.05. PA YMENT COVENANT. The Agency covenants that it shaJl duly and punctually pay from the Pledged Funds the principal of and interest on the Draws at the dates and place and in the manner provided herein and in the Master Note according to the true intent and meaning thereof and all other amounts due under this Agreement. SECTION 2.06. NO IMPAIRMENT; RECEIPT OF INCREMENT TAX REVENUES. The pledging of the Increment Tax Revenues in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent 7 . Agenda Item NO.1 OC September 11, 2007 Page 19 of 39 ordinance, resolution, agreement or other proceedings of the Agency or the County. The Agency covenants to do all things necessary or required on its part by the Act, or other applicable provisions of the law, to maintain the levy, collection and receipt of the Increment Tax Revenues. The Agency shall exercise all legally available remedies to enforce such levy, coIlection and receipt now or hereafter available under law. The Agency will not take any action, or enter into any agreement that shall result in reducing the level ofIncrement Tax Revenues received by the Agency from that level prevailing at the time the Agency takes such action or enters into such agreement. Without limiting the generality of the foregoing, the Agency agrees not to cause or allow the boundaries of the Community Redevelopment Area to be decreased or the Agency to cease to exist without the prior written consent of the Bank. SECTION 2.07. ISSUANCE OF ADDITIONAL AGENCY DEBT. No Agency Debt payable on a senior basis with respect to the Draws or Master Note shall be issued without the written consent of the Bank; provided. however, the Agency may make draws under the Prior Agreement without the consent of the Bank so long as the provisions of Section 2.07 thereof are met. The Bank and the Agency further agree that in determining whether the provisions of Section 2.07 of the Prior Agreement have been met in connection with a proposed draw under the Prior Agreement only, Draws that have been made under this Agreement shall be assumed to be amortized over 18 years on a level debt service basis and the interest rate on such Draws shall be assumed to be the higher of 7.50% and the actual interest rate borne by such Draws during the month immediately preceding the date of calculation for purposes of determining the Maximum Annual Debt Service on such Draws. No Agency Debt payable on a parity with the Draws or Master Note then outstanding pursuant to this Agreement, shall be issued by the Agency except upon the conditions and in the manner provided in this Section 2.07. No such additional Agency Debt or any Draw hereunder shall be issued unless (1) no Event of Default (as specified in Section 5.01 hereof) shall have occurred and be continuing hereunder, and (2) the following conditions are complied with: (a) Except as otherwise provided in Section 2.07(b) hereof, there shall have been obtained and filed with the Agency and the Bank a certificate of an Authorized Officer: (I) stating that he or she has examined the books and records of the Agency relating to the Increment Tax Revenues which have been received by the Agency; (2) setting forth the amount of such Increment Tax Revenues received by the Agency during the immediately preceding Fiscal Year; and (3) stating that the amount of such Increment Tax Revenues received during the aforementioned Fiscal Year equals at least 1.50 times the Maximum Annual Debt Service on all Agency Debt then outstanding and such additional Agency Debt with respect to which such statement is made. Such certificate by the Authorized Officer may be partially based upon a certification of certain matters 8 Ag9nda It9m NO.1 OC September 11, 2007 Page 20 of 39 related to the calculation of the Maximum Annual Debt Service by the Agency's financial advisor. For purposes of calculating Maximum Annual Debt Service on any Draws made hereunder, such Draws shall be assumed to be amortized over 18 years on a level debt service basis and the interest rate on such Draws shall be assumed to be the higher of 7.50% and the actual interest rate borne by such Draws during the month immediately preceding the date of calculation. For purposes of calculating Maximum Annual Debt Service on any draws made under the Prior Agreement, such draws shall be assumed to be amortized over 19 years on a level debt service basis and the interest rate on such draws shall be assumed to be the higher of 7.50% and the actual interest rate borne by such draws during the month immediately preceding the date of calculation. In addition, in calculating the Maximum Annual Debt Service on draws under the Prior Agreement, the principal amount of such draws shall be assumed to be the swn of the principal amount that is then outstanding thereunder plus the principal amount that the Agency may then draw thereunder pursuant to the provisions of the Prior Agreement. For purposes of calculating the Maximum Annual Debt Service on any other Agency Debt, the Agency shall consider the actual debt service on such Debt. Notwithstanding the foregoing, in the event the Issuer is determining whether the additional debt test set forth in this Section 2.07(a) is met with respect to the issuance of Agency Debt other than Draws hereunder and draws under the Prior Agreement, in calculating the Maximwn Annual Debt Service on Draws hereunder, the principal amount of such Draws shall be assumed to be the sum of the principal amount that is then outstanding hereunder plus the principal amount that the Agency may then Draw hereunder pursuant to the provisions hereof (b) In the event any additional indebtedness secured by or payable from the Increment Tax Revenues is issued or incurred for the purpose of refunding or refinancing any Agency Debt, the conditions of Section 2.07(a) hereof shall not apply, provided that the issuance or incurrence of such additional Agency Debt (1) is applied to refinance Draws outstanding hereunder, (2) shall not result in an increase in the annual debt service for Agency Debt secured by or payable from Increment Tax Revenues in any Fiscal Year, or (3) the issuance or incurrence of such additional indebtedness shall result in all Draws and then outstanding hereunder being paid in fulL SECTION 2.08. RATE COVENANT. Within 180 days of the end of each Fiscal Year, the Agency shall provide the Bank with a certificate of an Authorized Officer: (1) stating that he or she has examined the books and records of the Agency relating to the Increment Tax Revenues which have been received by the Agency; (2) setting fOlth the amount of such Increment Tax Revenues received by the Agency during the immediately preceding Fiscal Year; and (3) stating that the amount of such Incrcment Tax Revenues received during the aforementioned Fiscal Year equals at least 1.50 times 9 Agenda Item NO.1 OC September 11, 2007 Page 21 of 39 the Annual Debt Service for such Fiscal Year on aII Agency Debt outstanding as of the end of such Fiscal Year. [Remainder of page intentionalIy left blank] 10 Agenda Item No.1 OC September 11, 2007 Page 22 of 39 ARTICLE III DESCRIPTION OF MASTER NOTE AND DRAWS; PAYMENT TERMS; OPTIONAL PREPAYMENT SECTION 3.01. DESCRIPTION OF THE MASTER NOTE AND DRA WS. (a) At or prior to the date the Agency makes the initial Draw against the Master Note pursuant to Section 4.0l(b) of this Agreement, the Agency shall, pursuant to the authority granted under the Resolution, issue and deliver a revolving note to the Bank, which note shall be in an amount equal to NINE MILLION AND 00/100 DOLLARS ($9,000,000) and shall be designated as the "Collier County Community Redevelopment Agency Taxable Revolving Master Note (Wachovia Bank, 1';ational Association)." The text of the Master Note shall be substantially in the form attached hereto as Exhibit B, with such omissions, insertions and variations as may be necessary and desirable to reflect the terms of the Master Note. The provisions of the form of the Master Note are hereby incorporated in this Agreement. (b) The Master Note shall be dated the date of its delivery. The Master Note shall be executed in the name of the Agency by the manual signature of the Chair and attested by the manual signature of the Secretary. In case anyone or more of the officers, who shall have signed the Master Note, shall cease to be such officer of the Agency before the Master Note so signed shall have been actually delivered, such Master Note may nevertheless be delivered as herein provided and may be issued as if the person who signed such Master Note had not ceased to hold such office. (c) Subject to the provisions of Section 3.01 hereof, the Agency shall be entitled to borrow, repay and reborrow funds from the Bank in accordance with the terms hereof provided that the total principal amount which is outstanding and owed to the Bank under this Agreement does not exceed NINE MILLION AND 001100 DOLLARS ($9,000,000) at anyone time. Each Draw made against the Master Note shall be designated as "Draw Number _." All Draws shall be made by the Agency in accordance with Article IV hereof. All Draws made against the Master Note in accordance with Article IV hereof shall bear interest from the respective dates such Draws are made at the Interest Rate (calculated on the basis of a 360-day year consisting of twelve 30-day months) as the same shall be adjusted quarterly pursuant to Section 3.03 hereof. (d) Interest on all Draws made against the Master Note shall be payable quarterly on January I, April 1, July 1 and October 1 of each year (each an "Interest Payment Date") so long as any amount under the Master Note remains outstanding. Interest payments with respect to the initial Draw shall commence on the first Interest Payment Date which next succeeds by at least 15 days the date such Draw was made. 11 Agenda Item NO.1 OC September 11, 2007 Page 23 of 39 Principal for an Draws made against the Master Note shall be payable on the Final Maturity Date. (e) All payments of principal of and interest on Draws made against the Master Note shall be payable in any coin or currency of the United States which, at the time of payment, is legal tender for the payment of public and private debts and shall be made to the Bank (i) in immediately available funds, (ii) by delivering to the Bank no later than the payment date a check or draft of the Agency, or (iii) in such other manner as the Agency and the Bank shall agree upon in writing. If any Interest Payment Date or principal payment date is not a Business Day, the corresponding payment shall be due on the next succeeding Business Day. (f) There will be no Bank fees to maintain the loan facility hereunder. The Bank shall pay for all of its costs relating to servicing the loan facility. The Agency agrees to pay legal fees to counsel for the Bank relating to the establishment of the loan facility in an amount not to exceed $3,500.00. SECTION 3.02. OPTIONAL PREPAYMENT. Draws made against the Master Note may be prepaid at any time prior to the Final Maturity Date, at the option of the Agency, from any moneys legally available therefor, upon notice as provided herein, in whole or in part at any time or from time to time, without a prepayment premium, by paying to the Bank all or a part of the Draws made against the Master Note to be prepaid, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Any prepayment shall be made on such date and in such principal amount as shall be specified by the Agency in a written notice provided to the Bank not less than ten (10) days prior thereto by first class mail in the form attached hereto as Exhibit E. Notice having been given as aforesaid, the amount of principal of the Master Note stated in such notice or the whole thereof, as the case may be, shall become due and payable on the date of prepayment stated in such notice, together with interest accrued and unpaid to the date of prepayment on the principal amount then being paid. If on the date of prepayment moneys for the payment of the principal amount to be prepaid on the Master Note, together with interest to the date of prepayment on such principal amount shall have been paid to the Bank as above provided, then from and after the date of prepayment, interest on such prepaid principal amount of the Master Note shall cease to accrue. If said money shall not have been so paid on the date of prepayment, such principal amount of the Master Note shall continue to bear interest until payment thereof at the Interest Rate. NOTWITHST ANDING ANY OTHER PROVISION HEREIN, THE REVOL VING FEATURE OF THE LINE OF CREDIT PROVIDED HEREIN SHALL ONL Y BE EFFECTIVE WHEN PREP A YMENTS ARE MADE WITH REAL PROPERTY SALES PROCEEDS. The Agency may only reborrow principal amounts that have been prepaid with Real Property Sales Proceeds. To the extent any prepayment 12 Agenda Item NO.1 OC September 11, 2007 Page 24 of 39 is made from a source of funds other than Real Property Sales Proceeds, such prepaid principal amount may not be reborrowed hereunder. The Bank shall make appropriate notations in its records indicating the amount and date of any such prepayment and shall promptly transmit an acknowledgment to the Agency indicating the amount and date of such prepayment. SECTION 3.03. ADJlJSTMENTS TO INTEREST RATES. The Interest Rate shall be adjusted each quarter based upon changes in the LIBOR Rate. The initial Interest Rate will be determined as of the second Business Day prior to the date of this Agreement (or, if later, the second Business Day prior to the initial Draw hereunder). The Interest Rate will be adjusted as of each quarterly Interest Payment Date based upon the L1BOR Rate determined on the second Business Day immediately preceding the effective adjustment date. The Bank shall provide the Agency with evidence of the applicable Interest Rate promptly after each adjustment. [Remainder of page intentionally left blank] 13 Agenda Item NO.1 OC September 11. 2007 Page 25 of 39 ARTICLE IV CONDITIONS FOR DRAWS SECTION 4.01. CONDITIONS FOR DRAWS. (a) In connection with any Draw, the Bank shall not be obligated to fund any Draw under this Agreement unless the Agency delivers to the Bank a Draw Request of the Agency's intention to make a Draw at least three (3) Business Days prior to the date specified for such Draw. Such Draw Request shall be substantially in the form attached hereto as Exhibit C. On or prior to the date of any Draw, the Agency shall provide the Bank with a certificate signed by an Authorized Officer substantially in the form attached hereto as Exhibit A. No Draws may be made after March 31, 2012. The minimum principal amount of each Draw shall be $50,000. The Agency may not make more than one Draw per month. (b) On or before the date the initial Draw is made against the Master Note, the Agency shall have caused to be delivered to the Bank the following items in form and substance acceptable to the Bank and Bond Counsel: (i) An opinion of Bond Counsel in form and substance to the effect that the Master Note has been duly authorized by the Agency and is an enforceable obligation in accordance with its terms (enforceability of it may be subject to standard bankruptcy exceptions and the like); and (ii) Such additional certificates, opinions, instruments and other documents as the Bank or Bond Counsel may deem necessary or appropriate. (c) Upon satisfaction of the conditions set forth in paragraphs (a) and (b) above and, subject to Section 3.02 hereof, the Agency may borrow, repay and reborrow funds from the Bank pursuant to one or more Draws provided that the principal amount which is outstanding and owed to the Bank under this Agreement does not exceed $9,000,000 at anyone time. The Bank and the Agency may agree in writing to increase the amount available to be drawn by the Agency against the Master Note pursuant to this Agreement The Agency shall apply the proceeds of each Draw to pay for, or reimburse itself for prior expenditures incurred for, or refinance, the costs of a Project that has been approved to be undertaken by the Governing Body, which costs shall include, but not be limited to: (i) The costs of architectural and engineering services related to the Project, including, without limitation, the costs of preparation of studies, surveys, reports, tests, plans and specifications; (ii) The costs of legal, accounting, marketing and other special services related to the Project; 14 Agenda Item NO.1 OC September 11, 2007 Page 26 of 39 (iii) Costs and fees incurred ill connection with the Issuance of the Master Note or the making of a Draw; (iv) Fees and charges incurred in connection with applications to federal, state and local governmental agencies for any requisite approval or permits regarding the acquisition and construction of the Project; (v) Costs incurred in connection with the acquisition of the sites for the Project, including any necessary rights-of-way, easements or other interests in real or personal property; (vi) Costs incurred in connection with the acqmslDon, construction, improvement or extension of the buildings, structures and facilities comprising the Project; (vii) Costs incurred in connection with the acquisition and installation of any machines, equipment, fixtures, appurtenances or personal property of any kind or natme, which are to comprise a part of the Project; (viii) Interest on Draws accruing prior to the completion date of the Project; and (ix) To the extent permitted by law, other costs and expenses relating to the Project which are incurred for the purpose of providing for the Project, including the administrative and maintenance costs associated with the management of the Project, and other facilities functionally related and subordinate thereto. (d) Each Draw Request shall constitute a covenant and reaffirmation of the Agency that the warranties and representations in this Agreement are still true and conect, that all of the terms and conditions of this Agreement have been and are being complied with, and that no Event of Default or event which, with the giving of notice or passage of time or both, would constitute an Event of Default hereunder has occurred as of the date of the Draw. [Remainder of page intentionally left blank] 15 Agenda Item NO.1 OC September 11, 2007 Page 27 of 39 ARTICLE V EVENTS OF DEFAULT; REMEDIES SECTION 5.01. EVENTS OF DEFAULT. An "Event of Default" shall be deemed to have occmred under this Agreement if: (a) The Agency shall fail to make timely payment of principal or interest then due on any amounts drawn against the Master Note; (b) Any representation or warranty of the Agency contained in Article n of this Agreement or any certificate provided the Bank under Article IV shall prove to be untrue in any material respect; (c) Any covenant of the Agency contained in Article II of this Agreement shall be breached or violated for a period of sixty (60) days after the Agency's notice of such breach or violation, unless the Bank shall agree in writing, in its sole discretion, to an extension of such time prior to its expiration; (d) There shall occur the dissolution or liquidation of the Agency, or the filing by the Agency of a voluntary petition in bankruptcy, or the commission by the Agency of any act of bankruptcy, or adjudication of the Agency as a bankrupt, or assignment by the Agency for the benefit of its creditors, or appointment of a receiver for the Agency, or the entry by the Agency into an agreement of composition with its creditors, or the approval by a comi of competent jurisdiction of a petition applicable to the Agency in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter amended. ( e) There shall occur an event of default under any Agency Debt (other than the Draws hereunder). SECTION 5.02. REMEDIES. If any event of default shall have occurred and be continuing, the Bank or any trustee or receiver acting for the Bank may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the Laws of the State of Florida, or granted and contained in this Agreement, and may enforce and compel the performance of all duties required by this Agreement or by any applicable statutes to be performed by the Agency or by any officer thereof. No remedy herein conferred upon or reserved to the Bank is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Upon any default hereunder, the Bank may declare the entire amount then drawn against the Master Note and all interest accrued thereon to be immediately due and payable and 16 Agenda Item No.1 OC September 11, 2007 Page 28 of 39 the Bank shall not be obligated to honor any further Draws hereunder. Any amounts not paid when due herelll1der, and all outstanding amounts during the continuation of an Event of Default, shall bear interest at a default rate equal to the Bank's announced prime rate plus 2.00% per annum. [Remainder of page intentionally left blank] 17 . Agenda Item No. 10C September 11, 2007 Page 29 of 39 ARTICLE VI MISC ELLANEO US SECTION 6.0]. AMENDMENTS, CHANGES OR MODIFICATIONS TO THE AGREEMENT. This Agreement shall not be amended, changed or modified without the prior written consent of the Bank and the Agency. SECTION 6.02. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement. it shall not be necessary to produce or account for more than one such counterpart. SECTION 6.03. SEVERABILITY. If any clause, provision or section of this Agreement shall be held i\1egal or invalid by any court, the invalidity of such provisions or sections shall not affect any other provisions or sections hereof; and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. SECTION 6.04. TERM OF AGREEMENT. This Agreement shall be in full force and effect from the date hereof and shall continue in effect as long as the Master Note is outstanding. The commitment of the Bank to honor Draws in accordance with the terms hereof shall expire on March 31, 2012; provided, however the parties hereto, by mutual written agreement, may extend the term of this Agreement. SECTION 6.05. NOTICE OF CHANGES IN FACT. Promptly after the Agency becomes aware of the same, the Agency will notify the Bank of (a) any change in any material fact or circumstance represented or warranted by the Agency in this Agreement or in connection with the issuance of the Master Note, and (b) any default or event which, with notice or lapse of time or both, could become a default under the Agreement, specifying in each case the nature thereof and what action the Agency has taken, is taking and/or proposed to take with respect thereto. SECTION 6.06. WAIVER OF JllRY TRIAL. To the extent permitted by applicable law, the County and the Bank, knowingly, voluntarily and intentionally waive any right each may have to a trial by jury in respect of any litigation based on. or arising out of, under or in connection with this Agreement, the Master Note or any agreement contemplated to be executed in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party with respect hereto. This provision is a material inducement to the Bank agreeing to fund Draws hereunder. 18 Agenda Item NO.1 OC September 11, 2007 Page 30 of 39 SECTION 6.07. NOTICES. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent registered or certified mail, postage prepaid, to Collier County Community Redevelopment Agency, Bayshore/Gateway Triangle Community Redevelopment Area, 2740 Bayshore Drive Unit 17, Naples, FL 34112, Attention: Executive Director, with a copy to County Administrator, Collier County Government Complex, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, and to the Bank, Wachovia Bank, National Association, 200 South Biscayne Boulevard, 15th Floor, Miami, Florida 33131, Attention: Lance Aylsworth, or at such other address as shall be furnished in writing by any such party to the other, and shall be deemed to have been given as of the date so delivered or deposited in the United States mail. SECTION 6.08. APPLICABLE LAW. The substantive laws of the State of Florida shall govern this Agreement. SECTION 6.09. INCORPORA TlON BY REFERENCE. All of the terms and obligations of the Resolution are hereby incorporated herein by reference as if said Resolution was fully set forth in this Agreement [Remainder of page intentionally left blank] 19 . Agenda Item NO.1 OC September 11, 2007 Page 31 of 39 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first set forth herein. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman ATTEST: By: Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY: O11rf~O^~ ~ mfJ!-v.",po.J..,-/);tA."i: Marjo M. Student-Stirling, CRA 0 Attorney WACHOVIA BANK, NATIONAL ASSOCIATION By: Vice President 20 Aoenda Item NO.1 DC September 11, 2007 Page 32 of 39 EXHIBIT A FORM OF DRAW CERTIFICATE The undersigned, on behalf of the Collier County Community Redevelopment Agency, Florida (the "Agency"), in connection with a Draw (the "Draw") to be funded on the _ day of in the amount of $ , pursuant to that certain Revolving Line of Credit Agreement dated as of September , 2007 (the "Agreement"), between the Agency and Wachovia Bank, National Association (the "Bank"), HEREBY CERTIFIES as follows: 1. The capitalized terms used herein that are not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. 2. The Resolution is in full force and effect and has not been rescinded, repealed, modified or amended since the date of its adoption except as otherwise described herein. 3. The Agreement is in full force and effect and has not been terminated, modified or amended since the date of its execution except as othelwise described herein. 4. The Agency has complied in all respects with the terms and provisions of the Resolution and the Agreement and the Agency is not in default under any provisions of either the Resolution or the Agreement. 5. All of the representations and warranties contained in the Agreement and the Resolution are true and correct as of the date hereof 6. The Project to be fmanced or refinanced with proceeds of the Draw has been duly authorized and approved by the Governing Body. 7. The Agency has delivered to the Bank a Draw Request with respect to the Draw in accordance with and in compliance with the Agreement; all necessary approvals of or by the Agency which are required as a condition precedent to making the Draw have been satisfied. A-I Agenda Item No. 10C September 11, 2007 Page 33 of 39 8. The proceeds of the Draw will be used solely to fmance or refinance costs of the Project Executed as of this _ day of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Title: Chairman A-2 Agenda Item NO.1 OC September 11, 2007 Page 34 of 39 EXHIBIT B FORM OF MASTER NOTE UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TAXABLE REVOLVING MASTER NOTE (W ACHOVIA BANK, NA TIONAL ASSOCIATION) Date ofIssuance Final Maturitv Date Interest Rate Variable September _, 2007 Apri11,20l2 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, FLORIDA (the "Agency"), for value received, hereby promises to pay, solely from the Pledged Funds described in the within mentioned Agreement, to the order of Wachovia Bank, National Association, Tampa, Florida, or its successors or assigns (the "Bank"), the lesser of the principal sum of NINE MILLION AND 00/100 DOLLARS ($9,000,000) or so much thereof as may be drawn against this Master Note and outstanding (the "Drawn Amount") pursuant to that certain Revolving Line of Credit Agreement by and between Wachovia Bank, National Association (the "Bank") and the Agency, dated as of September , 2007 (the "Agreement"), and to pay interest on such Drawn Amount from the dates amounts are drawn hereunder and under the Agreement from time to time, or from the most recent date to which interest has been paid, at the Interest Rate (as defined in the Agreement) per annum identified above (subject to quarterly adjustment as provided in the Agreement) quarterly on January 1, April 1, July 1 and October 1 of each year (each an "Interest Payment Date"), commencing with respect to the initial Draw (as defined in the Agreement) on the first Interest Payment Date which next succeeds by at least 15 days the date such Draw is made, so long as any amount under this Note remains outstanding; provided, however. if such Interest Payment Date is not a Business Day (as defined in the Agreement), then such payment shall be due and payable on the next succeeding Business Day. Principal for all Draws made against this Note shall be payable on the Final Maturity Date. Each Draw must be in an amount equal to or greater than $50,000. No Draws may be made after March 3], 2012. No more than one Draw may be made in any month. Such Drawn Amount and interest is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. B-1 Agenda Item No.1 OC September 11, 2007 Page 35 of 39 Subject to the provisions of the Agreement particularly Section 3.02 thereof, the Agency shall be entitled to borrow, repay and reborrow funds from the Bank against this Master Note and in accordance with the terms of the Agreement provided that the total principal amount which is outstanding and owed to the Bank under the Agreement does not exceed $9,000,000 at anyone time. This Note is issued under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 163, Part III, Florida Statutes, Chapter 125, Florida Statues, and other applicable provisions oflaw, a resolution duly adopted by the Agency on September 11, 2007 (the "Resolution"), as such Resolution may be amended and supplemented from time to time, and is subject to all terms and conditions of the Resolution and the Agreement Any term used in this Note and not otherwise defined shall have the meaning ascribed to such term in the Agreement. The pledge of and lien on the Increment Tax Revenues (as defined in the herein defined Agreement) granted pursuant to the provisions of the Agreement shall be junior and subordinate in all respects to the pledge thereof and lien thereon granted pursuant to the provisions of the Line of Credit Agreement, dated as of July 26, 2006, between the Agency and the Bank (the "Agreement"). This Note is being issued to finance or refinance the costs of acquiring, constructing and equipping certain capital improvements as described in the Agreement This Note is secured by and shall be payable from the Pledged Funds as described in the Agreement. This Note shall bear interest at the Interest Rate identified above on the basis of a 360-day year consisting of twelve 30-day months. Such Interest Rate is subject to quarterly adjustment as provided in Section 3.03 of the Agreement. Notwithstanding any provision in this Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of interest allowed under the State of Florida as presently in effect. All payments made by the Agency hereon shall apply first to accrued interest, and then to the principal amount then due on this Note. The Agency may prepay this Note as a whole or in part, at any time or from time to time, by paying to the Bank all or part of the Drawn Amount, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment, without prepayment premium. Each prepayment of the Note shall be made on such date and in such principal amount as shall be specified by the Agency in a written notice delivered to the Bank not less than ten (10) days prior thereto, all in accordance with the B-2 Agenda Item No.1 OC September 11, 2007 Page 36 of 39 provisions of the Agreement. All of the prepayment provisions contained in Section 3.02 of the Agreement shall apply with respect to this Note. This Note, when delivered by the Agency pursuant to the terms of the Agreement and the Resolution, shall not be or constitute an indebtedness of the Agency, Collier County or of the State of Florida, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the Pledged Funds, as provided in the Agreement and the Resolution. The Bank shall never have the right to compel the exercise of the ad valorem taxing power of the Agency or the State, or taxation in any form of any property therein to pay the Note or the interest thereon. IN WITNESS WHEREOF, the Agency caused this Note to be signed by the manual signature of the Chair of its Governing Body and attested by the manual signature of the Secretary to the Agency, and this Note to be dated the Date of Issuance set forth above. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman ATTEST: By: Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY: OOrt ljf".LL -;r;n . tJ1::.~.cl... - fJ;U./l}-4^0, Marj eM. Student-StlrImg, CRA Attorney B-3 Agenda Item NO.1 OC September 11, 2007 Page 37 of 39 EXHIBIT C FORM OF DRAW REQUEST The undersigned, on behalf of the Collier County Community Redevelopment Agency (the "Agency"), hereby makes this Draw Request in accordance with Section 4.01(a) of that certain Revolving Line of Credit Agreement dated as of September_, 2007 (the "Agreement"), between the Agency and Wachovia Bank, National Association (the "Bank"). Draw Amount: $ Draw Date: Project Description: The proceeds of the Draw shall be applied to: Proceeds of the Draw should be distributed as follows: o Wire Transfer (see attached wire instructions) o Account Transfer (see attached account information) o Check (see attached payee and mailing information) The submission of this Draw Request constitutes a reaffIrmation of the Agency that the warranties and representations in the Agreement are still true and correct, that all of the terms and conditions of the Agreement have been and are being complied with, that no event of default or event which, with the giving of notice or passage of time or both, would constitute an event of default thereunder has occurred as of the date hereof and that all policies and procedures of the Agency with respect to the submission of this Draw Request have been complied with as of the date hereof. Executed as of this _ day of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Title: Chairman C-1 ur-m OOM ~O_ NO o -CO Z~M Em~ 2..oro -~Cl. roC: -02 c:o. (j)(j) cr>C/J <t Q ... ~ == - := ;.< ... rJ:J ... ;;:; Z ... ;;.. ... cz:: ;.< < f- f- Z ... - ~ ... cz:: u z - ...l < U - cz:: o f- rJ:J - := .... o ~ ...l ;;:; Q ... := u rJJ ~ 1: -; :l t: "; 5 ~ ~~e ~ ~ "a ~ ~ "S"if~ 1- ;.. E '" . '" ;- . ~ ~ ;; !-~ . ... . . '::a 0;;: ~ ~ 3 . o 3 u " j~ . :: ~ ~ o ... '" . r... . ~ ~ '" . ~ = o ;.; " ,. 8 ~ g 8 ~ ~ g ""' ~....;...; or, or, or; 0\ 0..0'>.0\ 0\ 0\ '" :0 :0 c g :5 g 8: r-:si::___ogoo 0\ \0 ~ c g ~ ci :=) .,.~ 00. ~ 0\ N N <rl "1" ~, n 0\ ~ N "'1' '-=' <;10 ...: ::: or, -, N ...., '1" oe or. 0: N '-? ~ oc oe -, N..r oc: ~-..i ~ ~ ~ &i ~ 0- 1;; r-:.....oo...:0::0 ~ ~ ~ co ~ ~ ~ N :;: 8..,. '<t "1" -:t S!: ..,......, 00 <;10 oe 00 00 ;~:;~~~:; or, v\ 0- C; 0'. 0\ '"' ;i~~~~~~ ociooooo 00 r- N N N N .,=, ~~~~~~~ ,...; ..... M .-; ,...; , , , 0" of '" ~ l== .,. ..... ~ ~ ;;~~~:;;2~ ~ "': ~ ~ ~: ~ r-: ~ or, r- \.: '.C 0..,.. r-- -r;j ~.-: "': N "'t "T ..,. <, =0 00 N ~~ g ~ ;::;~ 00 =0 N , c:l " E . . ~~g~~?500 ~~~noOr-:Nj R;;t8~(::i~;e ?i~g~~~~ . ~ = .a r... '" eO c r- ~ :x: 00 N , , , ~ 0- ::: r..: ;:;:; , , , ~ 7 .' " I.C or,.-. I.C \l;) N r-- r-- o ;-e 2B ~ ~ ~ \C ~ ~ ~ N 00 ~ ~ N ~ ~ ~ 0 p. g _ <rl ~ ~ ~ !-oor--:' "':or\r-:~ ~ 1"". ~ !:; ~ r-- ..,fol; 700 ...... ...., .. .. .. N ... N -. 7 8 2;i t; ." .. .. .. 5 N .. =0 =0 =0 ;- N N N N N N . . . ... ;2 :: r... !! . Agenda Item NO.1 OC September 11, 2007 Page 39 of 39 EXHIBIT E FORM OF NOTICE OF PREPAYMENT The undersigned, on behalf of the Collier County Community Redevelopment Agency (the "Agency"), hereby notifies Wachovia Bank, National Association (the "Bank") in accordance with Section 3.02 of that certain Revolving Line of Credit Agreement dated as of September _, 2007 (the "Agreement"), between the Agency and the Bank, that it intends to make a prepayment of certain amounts currently outstanding under the Agreement. The details of the proposed prepayment are as follows: Principal Amount to be Prepaid: $ Prepayment Date: Source of Prepayment: The proposed prepayment shall be funded from The undersigned certifies that the proposed prepayment described herein shall be funded from the source identified above. Executed as ofthis _ day of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Title: Chairman E-1 Agenda Item No. 10D September 11, 2007 Page 1 of 140 EXECUTIVE SUMMARY A Resolution of the Board of County Commissioners of Collier County, Florida, acting as the Governing Body of Collier County, Florida and the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, authorizing the issuance of not exceeding $6,250,000 in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, to finance the costs of certain roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes MSTU and to pay certain costs and expenses incurred in connection with the issuance of the Series 2007 Bonds; Providing for the payment of said Bonds from ad valorem taxation levied in an amount which shall not exceed four mills on all taxable property within the boundaries of the MSTU; Making certain covenants and agreements in connection therewith; Providing for the rights of the holders of such bonds; authorizing the awarding of said Series 2007 Bonds pursuant to a public bid; Delegating certain authority to the Chair for the award of the Series 2007 Bonds and the approval of the terms and details of said Series 2007 Bonds; Authorizing the publication of a notice of sale for the Series 2007 Bonds or a summary thereof; Appointing the paying agent and registrar for said Series 2007 Bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect to the Series 2007 Bonds; Authorizing the execution and delivery of a contiDuing disclosure certificate with respect to the Series 2007 Bonds; Autborizing municipal bond insurance for the Series 2007 Bonds; and providing an effective date. OBJECTIVE: That tbe Board of County Commissioners adopt the attached Resolution authorizing the issuance of Collier County, Florida Limited Obligation General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Series 2007, in an amount not to exceed $6,250,000. CONSIDERATIONS: Collier County voters approved a referendum for the issuance of general obligation bonds to finance the construction of certain capital improvements within the Forest Lakes Municipal Services Taxing Unit (MSTU) boundaries. The referendum authorized the issuance df general obligation bonds with a final maturity of no later than 15 years from their date of issuance in an amount not to exceed $6.25 million and to be supported by a maximum tax levy of 4.0000 mills. The bonds are expected to be sold through a competitive bid process on September 25, 2007. FISCAL IMPACT: The pledge for this bond is a countywide tax levy as approved by voter referendum not to exceed 4.0000 mills. The final maturity of these bonds will be January 1, 2022. Agenda Item NO.1 00 September 11, 2007 Page 2 of 140 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: . Adopt the attached Resolution authorizing the issuance of Collier County, Florida Limited General Obligation Bonds (Forest lakes roadway and Drainage Municipal Service Taxing Unit), Series 2007 in an amount not to exceed $6,250,000; and, . Authorize staff to approve necessary budget amendments. Prepared by: Michael Smykowski, OMB Director Agenda Item No.1 OD September 11, 2007 Page 3 of 140 COLLIER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION BOND RESOLUTION (FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT) ADOPTED SEPTEMBER 11, 2007 ARTICLE I GENERAL DEFINITIONS.................................. ............... ...................... ............ 2 AUTHORITY FOR RESOLUTION.................................................. 6 RESOLUTION TO CONSTITUTE CONTRACT ............................ 6 FINDINGS ......................................................................................... 6 AUTHORIZATION OF THE PROJECT ..........................................8 ARTICLE II AUTHORIZATION, TERMS, SALE, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION AND DESCRIPTION OF THE BONDS; A WARD OF THE BONDS; REDEMPTION OF BONDS. ........ 9 APPLICATION OF BOND PROCEEDS........................................ 10 EXECUTION OF BONDS .............................................................. 10 AUTHENTIC A TION....................................................................... 11 TEMPORARY BONDS................................................................... 11 BONDS MUTILATED, DESTROYED, STOLEN OR LOST ....... 11 INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER ................................................................................ 12 FULL BOOK ENTRY FOR BONDS.............................................. 13 REDEMPTION OF BONDS ...........................................................15 FORM OF BONDS.......................................................................... 17 ARTICLE III SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 3.01. LIMITED GENERAL OBLIGATIONS OF THE ISSUER............ 24 SECTION 3.02. PROJECT FUND ............................................................................. 24 SECTION 3.03. CREATION OF SINKING FUND; APPLICATION OF LIMITED AD VALOREM TAX ............................................... 25 REBATE FUND .............................................................................. 26 INVESTMENTS ............................................................ ............... ...26 SEPARATE ACCOUNTS ............................................................... 27 REFUNDING BONDS ....................................................................27 ADDITIONAL INDEBTEDNESS .................................................. 27 ARTICLE IV COVENANTS OF ISSUER BOOKS AND RECORDS ................................_.............................28 SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 2.09. SECTION 2.10. SECTION 3.04. SECTION 3.05. SECTION 3.06. SECTION 3.07. SECTION 3.08 SECTION 4.01. Agenda Item NO.1 00 September 11, 2007 Page 4 of 140 TABLE OF CONTENTS SECTION 4.02. NO IMPAIRMENT.......................................................................... 28 SECTION 4.03. FEDERAL INCOME TAX COVENANTS..................................... 28 ARTICLE V DEFAULTS AND REMEDIES EVENTS OF DEFAULT ................................................................. 29 REMEDIES ......................................................................................29 DIRECTIONS TO RECEIVER AS TO REMEDIAL PROCEEDINGS.........................................................................30 REMEDIES CUMULATIVE .......................................................... 30 WAIVER OF DEFAULT................................................................ 30 CONTROL BY INSURER .............................................................. 30 ARTICLE VI SUPPLEMENTAL RESOLUTIONS SECTION 6.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT .................................................. 32 SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT ...................................................32 SECTION 6.03. AMENDMENT WITH CONSENT OF INSURER......................... 34 ARTICLE VII PROVISIONS RELATING TO THE BOND INSURANCE POLICY AND INSURER FOR THE BONDS SECTION 7.01. MUNICIPAL BOND INSURANCE ............................................... 35 SECTION 7.02. PROVISIONS RELATING TO BOND INSURANCE POLICY ......................................................................................35 ARTICLE VIII DEFEASANCE SECTION 8.0 1. DEFEASANCE................................................................................39 ARTICLE IX PROVISIONS RELATING TO BONDS SECTION 9.01. OFFICIAL NOTICE OF SALE....................................................... 41 SECTION 9.02. PRELIMINARY OFFICIAL STATEMENT; OFFICIAL STATEMENT ................................................. ............................ 41 SECTION 9.03. APPOINTMENT OF PAYING AGENT AND REGISTRAR........ 41 SECTION 9.04. SECONDARY MARKET DISCLOSURE...................................... 42 SECTION 5.01. SECTION 5.02. SECTION 5.03. SECTION 5.04. SECTION 5.05. SECTION 5.06. SECTION 6.02. Agenda Item NO.1 00 September 11 , 2007 Page 5 of 140 ii SECTION 10.01. SECTION 10.02. SECTION 10.03. SECTION 10.04. EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - Agenda Item No.1 OD September 11, 2007 Page 6 of 140 ARTICLE X MISCELLANEOUS GENERAL AUTHORITY ...............................................................43 SEVERABILITY OF INVALID PROVISIONS............................. 43 REPEAL OF INCONSISTENT RESOLUTIONS ..........................43 EFFECTIVE DATE ......................................................................... 43 FORM OF OFFICIAL NOTICE OF SALE FORM OF PRELIMINARY OFFICIAL STATEMENT FORM OF CONTINUING DISCLOSURE CERTIFICATE GENERAL DESCRIPTION OF THE PROJECT 1lI Agenda Item NO.1 OD September 11, 2007 Page 7 of 140 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,250,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION BONDS (FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT), SERIES 2007, TO FINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE FOREST LAKES ROADWAY AND DRAINAGE MSTU; PROVIDING FOR THE PAYMENT OF SAID BONDS FROM AD VALOREM TAXATION LEVIED IN AN AMOUNT WHICH SHALL NOT EXCEED FOUR MILLS ON ALL TAXABLE PROPERTY WITHIN THE FOREST LAKES ROADWAY AND DRAINAGE MSTU; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AUTHORIZING THE A WARDING OF SAID BONDS PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN FOR THE AWARD OF THE BONDS AND THE APPROVAL OF THE TER.MS AND DETAILS OF SAID BONDS; AUTHORIZING THE PUBLICATION OF A NOTICE OF SALE FOR THE BONDS OR A SUMMARY THEREOF; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE WITH RESPECT TO THE BONDS; AUTHORIZING MUNICIPAL BOND INSURANCE FOR THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT: Agenda Item No.1 OD September 11, 2007 Page 8 of 140 ARTICLE I GENERAL SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Act" shall mean Chapter 125, Florida Statutes, Article VII, Section 12 of the Florida Constitution, the Referendum Resolution, and other applicable provisions of law. "Amortization Installments," with respect to any Term Bonds, shall mean an amount designated for mandatory redemption of such Term Bonds. "Annual Debt Service" shall mean, at any time, the aggregate amount in the then current Fiscal Year of (l) interest required to be paid on the Outstanding Bonds during such Fiscal Year, except to the extent that such interest is to be paid from deposits in the Sinking Food or Project Fund from Bond proceeds for such purpose, (2) principal of Outstanding Bonds maturing in such Fiscal Year, and (3) the Amortization Installment coming due in such Fiscal Year. "Authorized Investments" shall mean any investments or obligations in which the Issuer may invest its funds under applicable law and the internal investment policy of the Issuer, as such policy may be amended and supplemented from time to time. "Board" shall mean the Board of COooty Commissioners of Collier COooty, Florida. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bond Insurance Policy" shall mean the financial guaranty insurance policy issued by MBIA Insurance Corporation insuring the payment of the principal of and interest on the Bonds as provided therein. "Bondholder" or "Holder" or "holder of Bonds" or any similar term, when used with reference to a Bond or Bonds, shall mean any Person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books ofthe Issuer. "Bonds" shall mean the Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, authorized and issued pursuant to Section 2.01 of this Resolution. 2 . Agenda Item NO.1 00 September 11. 2007 Page 9 of 140 "Chairman" shall mean the Chairman of the Board of County Commissioners of the Issuer and such other person as may be duly authorized to act on his or her behalf. "Continuing Disclosure Certificate" shall mean the Continuing Disclosure Certificate to be executed by the Issuer on or prior to the date of issuance of the Bonds, in substantially the form which is attached hereto as Exhibit C. "County Manager" shall mean the County Manager of the Issuer and such other person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court of Collier County, Florida and Ex-Officio Clerk to the Board, and such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules promulgated thereunder. "Cost" when used in connection with the Project and permitted by the Act, shall mean (1) costs of acquisition or purchase, including the cost of property rights, easements and franchises of any nature; (2) the Issuer's cost of physical construction; (3) any costs of the Issuer incidental to the acquisition and purchase of land (including, without limitation, title insurance and related costs and costs associated with the examination, survey and any remediation required with respect to such land); (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during the period of construction of the Project and a reasonable period subsequent to completion of construction as the Issuer shall determine; (6) engineering, architectural, legal, financial advisory and other consultant fees and expenses; (7) costs and expenses of the financing incurred for the Project, including fees and expenses of any Paying Agent, Registrar, Insurer, or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest) on any interim or temporary indebtedness of the Issuer incurred for the Project; and (9) any other costs properly attributable to such construction or acquisition or to the issuance of the Bonds which finance the Project, as determined by generally accepted accounting principles, and shall include reimbursement to the Issuer for any such items of Cost paid by the Issuer prior to the issuance of the Bonds or other obligations issued to finance the Proj ect. "Federal Securities" shall mean direct obligations of (including obligations unconditionally guaranteed by) the United States of America, including obligations of any federal agency or corporation to the extent unconditionally guaranteed by the United States of America. Federal Securities shall also include any certificates or any other evidences of an ownership interest in the aforementioned obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) if (l)a 3 Agenda Item NO.1 00 September 11, 2007 Page 10 of 140 bank or trust company acts as custodian and holds the underlying obligations; (2) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying obligations; and (3) the underlying obligations are held in a special account separate and apart from the custodian's general assets, and are not available to satisfY any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated. "Financial Advisor" shall mean Public Financial Management, Inc. or such other financial advisory firm of nationally recognized standing in matters pertaining to debt obligations issued by states and political subdivisions. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Forest Lakes MSTU" shall mean the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit created pursuant to Ordinance No. 91-107 on December 10, 1991, as amended and supplemented from time to time. "Insurer" shall mean MBIA Insurance Corporation, any successor or assign, and any subsequent insurer of Bonds. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on the Bonds as provided pursuant to Section 2.01. "Issuer" or "County" shall mean Collier County, Florida, a political subdivision of the State of Florida. "Limited Ad Valorem Tax" the ad valorem tax levied on all taxable property within the Forest Lakes MSTU in an amount not to exceed four (4) mills to pay the Annual Debt Service on the Bonds as approved by the qualified electors of the Issuer voting in the November 7, 2006, bond referendum election. "Official Notice of Sale" shall mean the Official Notice of Sale as described in Section 9.01 hereof, the form of which is attached hereto as Exhibit A. "Official Statement" shall mean the Official Statement to be used in connection with the issuance of the Bonds that shall be substantially in the form of the Preliminary Official Statement and which shall contain the financial terms and details of the Bonds. "Outstanding" when used with refcrence to the Bonds and as of any particular date, shall describe all of the Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or Bonds have been issued to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder 4 . Agenda Item No.1 00 September 11, 2007 Page 11 of 140 thereof in exchange for another Bond or Bonds under Sections 2.06 and 2.07 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at maturity or upon redemption. "Paying Agent" shall mean U.S. Bank National Association, Miami, Florida, its successors and assigns. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Preliminary Official Statement" shall mean the Preliminary Official Statement to be used in connection with the marketing and sale of the Bonds, in substantially the form wlllch is attached hereto as Exhibit B. "Project" shall mean the acquisition and construction of various capital improvements within the Forest Lakes MSTU as approved in the bond referendum held on November 7, 2006. The Project is generally described in Exhibit D attached hereto and more specifically described in the plans and specifications on file with the Issuer, as the same may be amended and supplemented by the Board from time to time. "Project Fund" shall mean Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Project Fund established pursuant to Section 3.02 hereof. "Rebate Fund" shall mean Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Rebate Fund established pursuant to Section 3.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Referendum Resolution" shall mean Resolution No. 2006-242, adopted by the Board on September 12,2006. "Resolution" shall mean this Limited General Obligation Bond Resolution (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), as the same may from time to time be amended, modified or supplemented by Supplemental Resolution. "Registrar" shall mean U.S. Bank National Association, Miami, Florida. 5 Agenda Item No.1 00 September 11, 2007 Page 12 of 140 "Sinking Fund" shall mean Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Sinking Fund established pursuant to Section 3.03 hereof. "State" shall mean the State of Florida. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Article VII hereof. "Term Bonds" shall mean the Bonds which mature on one date and which shall be subject to mandatory redemption through the payment of Amortization Installments. "Vice-Chairman" shall mean the Vice-Chairman of the Board of County Commissioners of the Issuer and such other person as may be duly authorized to act on his or her behalf. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include the feminine gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds and the Insurer and shall be deemed to be and shall constitute a contract between the Issuer and the Holders from time to time of the Bonds and the Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of the Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared: 6 Agenda Item NO.1 OD September 11, 2007 Page 13 of 140 (A) Pursuant to the Referendum Resolution, the Issuer ordered the holding of a bond referendum election to determine if the qualified electors of the Issuer would approve the issuance of not exceeding $6,250,000 aggregate principal amount of limited general obligation bonds payable from ad valorem tax to be levied in an amount not to exceed four mills on all taxable property within the Forest Lakes MSTU for the principal purpose of financing improved roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes MSTU. (B) On November 7, 2006, a bond referendum election was held and the issuance of not exceeding $6,250,000 aggregate principal amount of limited general obligation bonds payable from the Limited Ad Valorem Tax was approved by a majority of the qualified electors within the Forest Lakes MSTU voting in said referendum election. (C) All of the fmdings set forth in the Referendum Resolution are incorporated herein by reference and for the reasons set forth in the Referendum Resolution it is in the best interests of the citizens to acquire the Project. (D) The most efficient and cost effective method of financing the Costs of the Project is through the issuance of not exceeding $6,250,000 aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007. (E) In accordance with Section 218.385, Florida Statutes, and pursuant to this Resolution, the Bonds shall be advertised for competitive bids pursuant to the Official Notice of Sale, the form of which is attached hereto as Exhibit A, or a summary thereof. (F) Pursuant to the Official Notice of Sale, competitive bids for the purchase of the Bonds received in accordance with the Official Notice of Sale on or prior to 10:00 a.m., Eastern daylight savings time, on September 25, 2007, or such other date or time as is determined by the Chairman in accordance with the terms and provisions hereof and of the Official Notice of Sale, shall be publicly opened and announced. (G) Due to the present volatility and uncertainty of the market for tax-exempt obligations such as the Bonds, it is desirable for the Issuer to be able to advertise and award the Bonds at the most advantageous time and date instead of restricting the sale and award to the date of a particular meeting of the Board; and, accordingly, the Issuer hereby determines to delegate the advertising and awarding of the Bonds to the Chairman within the parameters described herein. (H) It is necessary and appropriate that the Issuer determine certain parameters for the terms and details of the Bonds and to delegate certain authority to the Chairman 7 Agenda Item NO.1 OD September 11, 2007 Page 14 of 140 for the award of the Bonds and the approval of the terms of the Bonds in accordance with the provisions hereof and of the Official Notice of Sale. (I) In the event Bond Counsel shall determine that the Bonds have not been awarded competitively in accordance with the provisions of Section 218.385, Florida Statutes, the Issuer shall adopt such resolutions and make such findings as shall be necessary to authorize and ratifY a negotiated sale of the Bonds in accordance with said Section 218385. (J) The Costs associated with the acquisition and construction of the Project shall be deemed to include legal expenses, underwriting discounts, the premium for the Bond Insurance Policy, financial advisory fees, and such other expenses as may be necessary or incidental for the issuance of the Bonds herein authorized. (K) It is necessary at this time that provision be made for the issuance of the Bonds and for the levy and pledging of the Limited Ad Valorem Tax to pay the same. SECTION 1.05. AUTHORIZATION OF THE PROJECT. The Issuer hereby authorizes the acquisition and construction of the Project. 8 Agenda Item NO.1 00 September 11. 2007 Page 15 of 140 ARTICLE II AUTHORIZATION, TERMS, SALE, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION AND DESCRIPTION OF THE BONDS; AWARD OF THE BONDS; REDEMPTION OF BONDS. (A) In accordance with the Act and the terms of this Resolution, this Resolution hereby creates an issue of Bonds of the Issuer to be designated as "Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007" (or such other Series designation as the Chairman may determine) to be issued in the aggregate principal amount of not exceeding $6,250,000. The Bonds shall be issued for the principal purposes of financing Costs of the Proj ect and paying certain costs and expenses incurred in connection with the issuance of the Bonds. The exact principal amount of the Bonds to be issued by the Issuer shall be determined by the Chairman in accordance with the Official Notice of Sale provided such principal amount does not exceed $6,250,000. In addition, to the extent any of the Bonds are sold at a premium, the sum of the principal amount of the Bonds and the net bond premium may not exceed $6,250,000. The Bonds shall be dated as of the date of their delivery (or such other date as determined by the Chairman), shall be issued in the form of fully registered bonds in the denominations of $5,000 and any integral multiple thereof, and shall be numbered consecutively from one upward in order of maturity preceded by the letter "R." The Bonds shall bear interest computed on the basis of a 360-day year consisting of twelve 30-day months, from their dated date, payable semiannually, on January 1 and July 1 of each year (each an "Interest Date"), commencing on January 1,2008 (or such other date or dates as determined by the Chairman), at such rates and maturing in such amounts on January 1 of such years as shall be determined by the Chairman, subject to the conditions set forth in this Section 2.0l(B) hereof The final maturity of the Bonds shall not be later than January 1,2022. All of the terms of the Bonds will be included in a certificate to be executed by the Chairman or the County Manager following the award of the Bonds (the "A ward Certificate") and shall be set forth in the final Official Statement, as described herein. The principal of the Bonds is payable upon presentation and surrender of the Bonds at the designated corporate trust office of the Paying Agent. Interest payable on the Bonds on any Interest Date will be paid by check or draft mailed to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the request of such Holder, by bank wire transfer for the account of such Holder. All payments of principal of and interest on the Bonds shall be payable in 9 Agenda Item NO.1 OD September 11, 2007 Page 16 of 140 any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. (B) The Chairman, on behalf of the Issuer and only in accordance with the terms hereof and of the Official Notice of Sale, shall award the Bonds to the underwriter or underwriters that submit a bid proposal which complies in all respects with this Resolution and the Official Notice of Sale and offers to purchase the Bonds at the lowest true interest cost to the Issuer, as calculated by the Issuer's Financial Advisor in accordance with the terms and provisions of the Official Notice of Sale; provided, however, the Bonds shall not be awarded to any bidder unless the true interest cost set forth in the winning bid (as calculated by the Financial Advisor) is equal to or less than 5.00%. In accordance with the provisions of the Official Notice of Sale, the Chairman may, in his or her sole discretion, reject any and all bids. (C) The Bonds may be redeemed prior to their respective maturities from any moneys legally available therefor, upon notice as provided in this Resolution, and upon the terms and provisions as shall be determined by the Chairman. Notwithstanding the foregoing, with respect to any optional redemption terms for the Bonds, the first call date may be no later than January 1,2017, and the call premium, if any, for the Bonds may not exceed 2.00% of the par amount of the Bonds to be redeemed. The Chairman, upon the advice of the Issuer's Financial Advisor, may determine that the Bonds shall not be subject to optional redemption. Term Bonds may be established in accordance with the terms of the Official Notice of Sale. SECTION 2.02. APPLICATION OF BOND PROCEEDS. The proceeds received from the sale of the Bonds shall be applied by the Issuer, as follows: (A) A sufficient amount of the Bond proceeds shall be applied to the payment for the premium for the Bond Insurance Policy; (B) a sufficient amount of the Bond proceeds shall be held by the Issuer to pay costs and expenses associated with the issuance of the Bonds; and (C) any remaining amounts of the Bond proceeds shall be deposited in the Project Fund and shall be used to pay the Costs ofthe Project. SECTION 2.03. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, and attested with the manual or facsimile signature of the Clerk. In case anyone or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein 10 9 Agenda Item No. 10D September 11, 2007 Page 17 of 140 provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.04. AUTHENTICATION. No Bond shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.10 hereof. SECTION 2.05. TEMPORARY BONDS. Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 2.03 hereof, and deliver, upon authentication by the Registrar pursuant to Section 2.04 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar proof of his ownership thereof and 11 Agenda Item No. 100 September 11, 2007 Page 18 of 140 satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights provided hereunder to the same extent as all other Bonds issued hereunder. SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. The transfer of any Bond shall be registered only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the registration or transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose nan1e any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfY and discharge the liability upon such Bond to the 12 T Agenda Item No.1 OD September 11 , 2007 Page 19 of 140 extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. The Registrar, in any case where it is not also the Paying Agent with respect to the Bonds, forthwith (A) following the fifteenth day prior to an Interest Date for the Bonds, and (B) at any other time as reasonably requested by the Paying Agent, certifY and furnish to the Paying Agent the names, addresses and holdings of the Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or the transfer of Bonds shall be registered, the Issuer shall execute and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or registering the transfer of Bonds may occur at the time of the original delivery of the Bonds. All Bonds surrendered in any such exchanges or registration of transfer shall be held by the Registrar for safekeeping until directed by the Issuer to be cancelled by the Registrar. For every such exchange or registration of transfer, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or registration of transfer. The Issuer and the Registrar shall not be obligated to make any such exchange or transfer of the Bonds during the period commencing on the fifteenth day of the month immediately preceding an Interest Date on the Bonds and ending on such Interest Date, or, in the case of any proposed redemption of Bonds, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. SECTION 2.08. FULL BOOK ENTRY FOR BONDS. Notwithstanding the provisions set forth in Section 2.07 hereof, the Bonds shall be initially issued in the form of a separate single certificated fully registered Bond for each of the maturities of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). All of the Outstanding Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. As long as the Bonds shall be registered in the name of Cede & Co., all payments of principal on the Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede & Co., as Holder of the Bonds, upon presentation of the Bonds to be paid, to the Paying Agent. 13 Agenda Item NO.1 OD September 11, 2007 Page 20 of 140 With respect to the Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to any direct or indirect participant in the DTC book-entry program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DIC, Cede & Co. or any Participant with respect to any ownership interest on the Bonds, (B) the delivery to any Participant or any other Person other than a Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect to the Bonds, or (C) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of or interest on the Bonds. Ihe Issuer, the Registrar and the Paying Agent shall treat and consider the Person in whose name each Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of and interest on the Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfY and discharge the Issuer's obligations with respect to payment of principal and interest on the Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to make payments of principal and interest pursuant to the provisions of this Resolution. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in Section 2.07 with respect to transfers during the 15 days next preceding an Interest Date, the words "Cede & Co." shall refer to such new nominee of DIC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the Outstanding Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee ofDTC, is not in the best interest of the beneficial owners of the Bonds or (ii) to the effect that DIC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary terms, or (B) determination by the Issuer that such book-entry only system is burdensome or undesirable to the Issuer and compliance by the Issuer with all then applicable rules and procedures of DIC, the Bonds shall no longer be restricted to being registered in the 14 9 Agenda Item No. 100 September 11, 2007 Page 21 of 140 registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions of this Resolution. In such event, the Issuer shall issue, and the Registrar shall authenticate, transfer and exchange the Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Letter of Representations previously executed by the Issuer and delivered to DTC shall apply to the payment of principal of and interest on the Bonds. SECTION 2.09. REDEMPTION OF BONDS. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar), notifY the Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than 45 days prior to the redemption date by the Registrar from the Outstanding Bonds of the maturity or maturities designated by the Issuer by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of$5,000 and integral multiples thereof. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notifY the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Notice of such redemption, which shall specifY the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be filed with the Paying Agent of such Bonds, (B) shall be mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of mailing of such notice, and (C) shall be mailed, certified mail, postage prepaid, at least 35 days prior to the redemption date to the registered securities depositories and two or more nationally recognized municipal bond information services. Failure to mail such notice to such depositories or services or the Holders of the Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or defect has occurred. Notice of optional redemption of Bonds shall only be sent if the Issuer determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Bonds called for redemption on the redemption date or the 15 Agenda Item No. 10D September 11, 2007 Page 22 of 140 notice contains an express provision stating that the redemption is conditioned upon the Issuer receiving sufficient funds on or prior to the redemption date. Each notice ofredemption shall state: (1) the CUSIP numbers of all Bonds being redeemed, (2) the original issue date of such Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to surrendered for payment of the Redemption Price at the designated office of the Registrar at an address specified, and (10) the name and telephone number of a person designated by the Registrar to be responsible for such redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; provided, however, the failure to provide such further notice of redemption or to comply with the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: (A) Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds and to two or more national information services which disseminate notices of prepayment or redemption of obligations such as the Bonds. (B) Each further notice of redemption shall be sent to such other Person, if any, as shall be required by applicable law or regulation. The notice of redemption described in this paragraph need not be given as described above if the Bonds called for redemption are registered pursuant to a book-entry-only system. The Issuer may provide that a notice of redemption may be contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur, the notice will be rescinded; provided notice of rescission shall be mailed in the manner described above to all affected Bondholders as soon as practicable after the Issuer has determined to rescind the redemption. 16 . Agenda Item No. 10D September 11, 2007 Page 23 of 140 Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be in substantially the following form with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): 17 Aaenda Item No. "!(lD Septr::mber 11, 2U07 Page 24 of 1-10 No.R- $ UNITED STATES OF AMERICA COLLIER COUNTY, FLORIDA LIMITED GENERAL OBLIGATION BOND (FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT), SERIES Interest Rate Maturitv Date Date of Original Issue CUSIP Registered Holder: CEDE & CO. Principal Amount: Collier County, Florida, a political subdivision of the State of Florida (the "Issucr"), for value received, hereby promises to pay to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on 1 and 1 of each year, commencing 1, , until such Principal Amount shall have been paid. Such Principal Amount and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount is payable at the designated corporate trust office of , as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer maintained by (the "Registrar"), at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding each interest payment date and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the request of such Registered Holder, by bank wire transfer to an account of such Holder designated in such written request. ] 8 Agenda Item No. 10D September 11, 2007 Page 25 of 140 This Bond is one of an authorized issue of Bonds in the aggregate principal amount of$ (the "Bonds") oflike date, tenor and effect, except as to number, principal amount, maturity and interest rate, issued to , and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Florida Statutes, Article VII, Section 12 of the Florida Constitution, Resolution No. 2006-242, adopted by the Board of County Commissioners of the Issuer (the "Board") on September 12, 2006, and Resolution No. _ of the Issuer, adopted by the Board on September 11, 2007, as it may be amended or supplemented from time to time (the "Resolution"), and is subject to all the terms and conditions of such Resolution. In accordance with the terms of the Resolution, the Issuer has made a limited pledge of its faith, credit and taxing power for the full and prompt payment of the principal of and interest on the Bonds. A direct annual tax shall be levied, not in excess of four (4) mills, upon all taxable property within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit to make such payments. Provision shall be included and made in the annual budget and tax levy for the levy of such taxes, which tax shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the Issuer are assessed, levied and collected. Reference to the Resolution is hereby made for a description of the funds charged with and pledged to the payment of the principal of and interest on the Bonds, the nature and extent of the security for the payment of the Bonds, a statement of the rights, duties and obligations of the Issuer, the rights of the Holders of the Bonds, to all the provisions of which Resolution the holder hereof by the acceptance of this Bond assents. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional, statutory, or charter limitation or provision, and that provision has been made for the collection of a direct annual tax, without limitation, on all property in the Issuer taxable for such purpose sufficient to pay and discharge the principal hereof at maturity. The Issuer has established a book-entry system of registration for the Bonds. Except as specifically provided otherwise in the Resolution, an agent will hold this Bond on behalf of the beneficial owner hereof. By acceptance of a confirmation of purchase, delivery or transfer, the beneficial owner of this Bond shall be deemed to have agreed to such arrangement. The transfer of this Bond is registrable by the Bondholder hereof in person or by his attorney or legal representative at the designated corporate trust office of the Registrar 19 Agenda Item NO.1 00 September 11, 2007 Page 26 of 140 but only in the manner and subject to the conditions provided in the Resolution and upon surrender and cancellation of this Bond. (INSERT REDEMPTION PROVISIONS) Redemption of this Bond under the preceding paragraphs shall be made as provided in the Resolution upon notice given by first class mail sent at least 30 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar; provided, however, that failure to mail notice to the Registered Holder hereof, or any defect therein, shall not affect the validity of the proceedings for redemption of other Bonds as to which no such failure or defect has occurred. In the event that less than the full principal amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal, as provided in the Resolution. This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until it shall have been authenticated by the execution by the Registrar of the certificate of authentication endorsed hereon. IN WITNESS WHEREOF, Collier County, Florida has issued this Bond and has caused the same to be signed by the Chairman of its Board of County Commissioners and attested to by the Clerk of the Circuit Court for Collier County, Florida and Ex-Officio Clerk of the Board of County Commissioners and its official seal or a facsimile of thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the _ day of COLLIER COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTESTED: Clerk, Circuit Court for Collier County, Florida and Ex-Officio Clerk of the Board of County Commissioners 20 Agenda Item No. 100 September 11, 2007 Page 27 of 140 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds issued under the provisions of the within- mentioned Resolution. , as Registrar Date of Authentication: By: Authorized Signatory 21 Agenda Item NO.1 00 September 11 , 2007 Page 28 of 140 Unless this certificate is presented by an authorized representative of The Depository Trust Company to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by the authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please insert Social Security or other identifying number of assignee) the attached Bond of Collier County, Florida, and does hereby constitute and appoint , attorney, to transfer the said Bond on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed by: NOTICE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. 22 T Agenda Item NO.1 00 September 11, 2007 Page 29 of 140 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. 23 Agenda Item No. 10D September 11, 2007 Page 30 of 140 ARTICLE III SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 3.01. LIMITED GENERAL OBLIGATIONS OF THE ISSUER. The faith, credit and taxing power of the Issuer shall be and are hereby pledged for the full and prompt payment of the principal of and interest on the Bonds; provided, that such pledge is a limited obligation of the Issuer which shall not exceed four (4) mills of ad valorem taxes levied and collected within the Forest Lakes MSTU, A direct armual tax not in excess of four (4) mills shall be levied upon all taxable property within the Forest Lakes MSTU to make such payments. No Holder or Holders of the Bonds shall ever have the right to compel the full faith, credit and taxing power of the Issuer in an amount greater than the Limited Ad Valorem Tax or within any area other than the Forest Lakes MSTU. Provision shall be included and made in the armual budget and tax levy for the levy of the Limited Ad Valorem Tax in an amount sufficient to pay the principal of and interest on the Bonds, as the same shall become due. Whenever the Issuer shall, in any Fiscal Year, have irrevocably deposited in the Sinking Fund any moneys derived from sources other than the aforementioned Limited Ad Valorem Tax, said Limited Ad Valorem Tax may be correspondingly diminished; but any such diminution must leave available an amount of such Limited Ad Valorem Tax, after allowance for anticipated delinquencies in collection, fully sufficient, with such moneys so deposited from other sources, to assure the prompt payment of principal, interest and other related charges falling due prior to the time that the proceeds of the next armual Limited Ad Valorem Tax levy will be available. Such Limited Ad Valorem Tax shall be levied and collected at the same time, and in the same marmer, as other ad valorem taxes of the Issuer are assessed, levied and collected. The Limited Ad Valorem Tax shall be levied and collected in accordance with all applicable law, including, but not limited to, the Referendum Resolution. The Issuer hereby irrevocably pledges such Limited Ad Valorem Tax to the payment of the Bonds. SECTION 3.02. PROJECT FUND. There is hereby created a special fund to be known as the "Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Project Fund," which shall be used only for payment of the Costs of Project. Moneys in the Project Fund, until applied to payment of any item of the Costs of the Project in the marmer hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The Issuer covenants that the acquisition and construction of the Project will be completed without delay. The Issuer shall keep records of disbursements and payments from the Proj ect Fund and shall retain all such records for such periods of time as is required by applicable law. 24 T Agenda Item No. 100 September 11. 2007 Page 31 of 140 Notwithstanding any of the other provisions of this Section 3.02, to the extent that other moneys are not available therefor, amounts in an account of the Project Fund shall be applied to the payment of principal and interest on the Bonds or to reimburse the Insurer for the payment of such principal and interest. The date of completion of acquisition and construction of the Project shall be filed by the County Manager with the Issuer. Promptly after the date of the completion of the Project, and after paying or making provisions for the payment of all unpaid items of the Costs of the Project, the Issuer shall apply any balance of moneys remaining in the Project Fund for any lawful purpose; provided the Issuer has received an opinion of Bond Counsel to the effect that such application shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for purposes of federal income taxation and such use is consistent with the provisions of the Referendum Resolution. SECTION 3.03. CREATION OF SINKING FUND; APPLICATION OF LIMITED AD VALOREM TAX. (A) There is hereby created a special fund to be known as the "Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Sinking Fund" which shall be held in trust for the benefit of the Bondholders. There is hereby ordered levied upon all the property taxable for such purpose within the Forest Lakes MSTU the Limited Ad Valorem Tax in an amount sufficient, together with other available moneys, to pay the principal and interest on the Bonds, the charges of the Paying Agents and Registrars, and any other amounts that are properly due and owing with respect to the repayment of the Bonds; provided, however, that in no event shall the levy of the Limited Ad Valorem Tax be in excess of four (4) mills on all taxable property within Forest Lakes MSTU. The Limited Ad Valorem Tax levied pursuant to this Resolution as collected shall be paid over for deposit into the Sinking Fund. (B) Money in the Sinking Fund shall be used solely for the purpose of paying the Annual Debt Service on the Bonds coming due (whether by maturity or otherwise). Moneys in the Sinking Fund shall be disbursed for (i) the payment of the interest on the Bonds secured hereby as such interest falls due, (ii) the payment of the principal of the Bonds secured hereby at their respective maturities or earlier redemption, (iii) the payment of Amortization Installments coming due, (iv) the purchase of Bonds in the open market, provided, however, the price paid shall not exceed the principal amount plus accrued interest, and (v) the payment of the necessary charges for paying Bonds and interest thereon. (C) At least one business day prior to the date established for payment of any principal of or interest on the Bonds, the Issuer shall withdraw from the Sinking Fund sufficient moneys to pay such principal or interest and deposit such moneys with the 25 Agenda Item No. 100 September 11. 2007 Page 32 of 140 Paying Agent. Such deposits with the Paying Agent shall be made in moneys available to make payments of the principal of and interest on the Bonds as the same becomes due. SECTION 3.04. REBATE FUND. There is hereby created a special fund to be known as the "Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit) Rebate Fund." Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. If the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to the Bonds, including, but not limited to: (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; (B) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the marmer required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 3.04 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder or the Insurer from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 3.05. INVESTMENTS. Moneys on deposit in the Project Fund and the Sinking Fund shall be continuously secured in the marmer by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Project Fund and the Sinking Fund may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such Funds. All investments shall be valued at amortized cost. Any and all income received by the Issuer from the investment of moneys in the Project Fund and the Sinking Fund shall be retained in such respective Fund. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. 26 9 Agenda Item No. 100 September 11, 2007 Page 33 of 140 SECTION 3.06. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds and accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as herein provided. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. SECTION 3.07. REFUNDING BONDS. The Issuer may, from time to time, issue bonds to refund the Bonds issued hereunder. Such refunding bonds shall be issued on parity with any unrefunded Bonds; provided, issuance of such refunding bonds shall result in aggregate debt service savings. For purposes of all of the provisions of this Resolution, except Sections 2.0 I and 2.02 and Articles VII and IX and except where the context clearly provides otherwise, the term "Bonds" shall include any refunding bonds. SECTION 3.08 ADDITIONAL INDEBTEDNESS. The Issuer agrees that it will issue no obligations payable from the Limited Ad Valorem Tax other than the Bonds. No additional Bonds shall be issued under this Resolution other than for refunding purposes as described in Section 3.07 hereof. 27 Agenda Item NO.1 00 September 11. 2007 Page 34 of 140 ARTICLE IV COVENANTS OF ISSUER SECTION 4.01. BOOKS AND RECORDS. The Issuer will keep books and records of the receipt of the Limited Ad Valorem Tax in accordance with generally accepted accounting principles, and the Insurer and any Holder of Bonds shall have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. SECTION 4.02. NO IMPAIRMENT. The pledging of the Limited Ad Valorem Tax in the marmer provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution, agreement or other proceedings of the Issuer. The Issuer agrees not to take any action with respect to the Forest Lakes MSTU, including but not limited to reducing its geographic boundaries, which would have a materially adverse effect on the Bonds. SECTION 4.03. FEDERAL INCOME TAX COVENANTS. (A) The Issuer covenants with the Holders of the Bonds that it shall not use the proceeds of the Bonds in any marmer which would cause the interest on the Bonds to be or become includable in gross income for purposes of federal income taxation. (B) The Issuer covenants with the Holders of the Bonds that neither the Issuer nor any Person under its control or direction will make any use of the proceeds of the Bonds (or amounts deemed to be proceeds under the Code) in any marmer which would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on the Bonds to become includable in gross income for purposes of federal income taxation. (C) The Issuer hereby covenants with the Holders of the Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. 28 9 Agenda Item No. 100 September 11. 2007 Page 35 of 140 ARTICLE V DEFAULTS AND REMEDIES SECTION 5.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of or interest on any Bond when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be performed, and such default shall continue for a period of 30 days after written notice of such default shall have been received from the Holders of not less than 25% of the aggregate principal amount of the Outstanding Bonds or any Insurer. Notwithstanding the foregoing, the Issuer shall not be deemed in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes curative action and diligently pursues such action until the default has been corrected. SECTION 5.02. REMEDIES. Any Holder of the Bonds or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof; provided, however, that no Holder, Insurer, trustee, receiver or other person shall have the right to declare the Bonds immediately due and payable. The Holder or Holders of Bonds in an aggregate principal amount of not less than 25% of the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection 29 Agenda Item NO.1 OD September 11, 2007 Page 36 of 140 of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than 25% in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of appointment shall promptly be given to all Holders of Bonds by first class mail, postage prepaid. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 5.03. DIRECTIONS TO RECEIVER AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or the Insurer) have the right, by an instrument or concurrent instruments in writing executed and delivered to any receiver, to direct the method and place of conducting all remedial proceedings to be taken by any receiver hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the right to decline to follow any such direction which in the opinion of such receiver would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 5.04. REMEDIES CUMULATIVE. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 5.05. WAIVER OF DEFAULT. No delay or omISSIOn of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by this Section 5.05 to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. No Event of Default may be waived without the consent of the Insurer, which has honored all its obligations under the Bond Insurance Policy. SECTION 5.06. CONTROL BY INSURER. To the extent the Insurer makes any payment of principal of or interest on Bonds in accordance with the Bond Insurance Policy, the Insurer shall become subrogated to the rights of the recipients of such payments in accordance with the terms of its Bond Insurance Policy. Upon the occurrence and continuance of an Event of Default, the Insurer, if it shall not be in payment default under the Bond Insurance Policy, shall be deemed to be the sole owner of such Bonds for purposes of (A) directing and controlling the enforcement of all rights 30 ..............T Agenda Item No. 100 September 11, 2007 Page 37 of 140 and remedies with respect to such Bonds, including any waiver of an Event of Default and removal of any trustee, and (B) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of such Bonds are entitled to take pursuant to this Article V hereof. No provision expressly recognizing or granting rights in or to the Insurer shall be modified without the consent of the Insurer. The Insurer's rights under this Section 5.06 shall be suspended during any period in which it is in default in its payment obligations under the Bond Insurance Policy (except to the extent of amounts previously paid by the Insurer and due and owing to it) and shall be of no force or effect if its Bond Insurance Policy is no longer in effect or if it asserts that its Bond Insurance Policy is not in effect or if the Insurer waives such rights in writing. The rights granted to the Insurer under this Section 5.06 are granted in consideration of the Insurer issuing its Bond Insurance Policy. The Issuer shall provide the Insurer immediate notice of any Event of Default described in Section 5.01(A) hereof and notice of any other Event of Default occurring hereunder within five days of the occurrence thereof. The Insurer shall be considered a third-party beneficiary to this Resolution with respect to the Bonds. 31 Agenda Item No. 100 September 11. 2007 Page 38 of 140 ARTICLE VI SUPPLEMENTAL RESOLUTIONS SECTION 6.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine any matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or determination at any time prior to the first delivery of such Bonds. (F) hereof. To issue obligations to refund any Bonds as described in Section 3.07 (G) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. SECTION 6.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENT. Subject to the terms and provisions contained in this Section 6.02 and Sections 6.0 I and 6.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to the contrary notwithstanding, to consent to and approve the adoption of such Supplemental Resolution or Resolutions hereto as shall be deemed necessary or desirable by the Issuer 32 T Agenda Item No. 100 September 11, 2007 Page 39 of 140 for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any maturity remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 6.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 6.02 shall also require the written consent of the Insurer. No Supplemental Resolution may be approved or adopted which shall permit or require (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Limited Ad Valorem Tax other than the lien and pledge created by this Resolution or as otherwise permitted hereby, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. Nothing herein contained, however, shall be construed as making necessary the approval by Bondholders or the Insurer of the adoption of any Supplemental Resolution as authorized in Section 6.01 hereof. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 6.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books and to all Insurers of Bonds Outstanding. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 6.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 6.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. 33 Agenda Item No. 100 September 11. 2007 Page 40 of 140 If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any marmer to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 6.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. SECTION 6.03. AMENDMENT WITH CONSENT OF INSURER. For purposes of amending this Resolution pursuant to Section 6.02 hereof, the Insurer shall be considered the Holder of the Bonds, provided the Bonds, at the time of the adoption of the amendment, shall be rated by the rating agencies which shall have rated the Bonds no lower than the initial ratings (insured ratings) assigned thereto by such rating agencies. The consent of the Holders of Bonds shall not be required if the Insurer shall consent to the amendment as provided by this Section 6.03. The foregoing right of amendment, however, does not apply to any amendment to Section 4.03 hereof with respect to the exclusion of interest on the Bonds from gross income for purposes of federal income taxation or the amendments described in the penultimate sentence of the first paragraph of Section 6.02 hereof. Prior to adoption of any amendment made pursuant to this Section 6.03, notice of such amendment shall be delivered to the rating agencies rating the Bonds. Upon filing with the Clerk of evidence of such consent of the Insurer as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notice of an amendment under Section 6.02 hereof. 34 r Agenda Item No.1 00 September 11, 2007 Page 41 of 140 ARTICLE VII PROVISIONS RELATING TO THE BOND INSURANCE POLICY AND INSURER FOR THE BONDS SECTION 7.01. MUNICIPAL BOND INSURANCE. Subject in all respects to the satisfaction of the conditions of Section 2.0 1 hereof, the Issuer hereby authorizes the payment of the principal of and interest on the Bonds to be insured pursuant to the Bond Insurance Policy issued by MBIA Insurance Corporation ("MBIA" or the "Insurer"). The Chairman is hereby authorized to execute such documents and instruments necessary to cause to MBIA insure the Bonds. SECTION 7.02. PROVISIONS RELATING TO BOND INSURANCE POLICY. (1) The commitment from MBIA to issue its Bond Insurance Policy with respect to the Bonds is hereby approved and authorized and payment for the premium for such insurance is hereby authorized from proceeds of the Bonds. A statement of insurance is hereby authorized to be printed on or attached to the Bonds for the benefit and information of the Bondholders of the Bonds. (2) Subject in all respects to the satisfaction of the conditions of Section 2.01 hereof, so long as the Bond Insurance Policy issued by MBIA is in full force and effect and MBIA has not defaulted in its payment obligations under the Bond Insurance Policy, the Issuer agrees to comply with the following provisions: (A) In the event that, on the second business day, and again on the business day, prior to an Interest Date on the Bonds, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due on the second following or following, as the case may be, business day, the Paying Agent shall immediately notify MBIA or its designee on the same business day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. (B) If the deficiency is made up in whole or in part prior to or on the Interest Date, the Paying Agent shall so notify MBIA or its designee. (C) In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on a Bond to a trustee in bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify MBIA or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered orcertified mail. 35 Agenda Item No. 100 September 11. 2007 Page 42 of 140 (D) The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Bondholders as follows: (i) If and to the extent there is a deficiency in amounts required to pay interest on the Bonds, the Paying Agent shall (a) execute and deliver to U.S. Bank Trust National Association, or its successors under the Bond Insurance Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing MBIA as agent for such Bondholders in any legal proceeding related to the payment of such interest and an assignment to MBIA of the claims for interest to which such deficiency relates and which are paid by MBIA, (b) receive as designee of the respective Bondholders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Bondholders; and (ii) If and to the extent of a deficiency in amounts required to pay principal of the Bonds, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing MBIA as agent for such Bondholder in any legal proceeding relating to the payment of such principal and an assignment to MBIA of any of the Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Bondholders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Bondholders. (E) Payments with respect to claims for interest on and principal of Bonds disbursed by the Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to discharge the obligation of the Issuer with respect to such Bonds, and MBIA shall become the owner of such unpaid Bond and claims for the interest in accordance with the tenor of the assignment made to it under the provisions ofthis subsection or otherwise. (F) Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent agree for the benefit ofMBIA that: (i) They recognize that to the extent MBIA makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Bonds, MBIA will be subrogated to the 36 '. Agenda Item No. 100 September 11. 2007 Page 43 of 140 rights of such Bondholders to receive the amount of such principal and interest from the Issuer, with interest thereon as provided and solely from the sources stated in the Resolution and the Bonds; and (ii) They will accordingly pay to MBIA the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in the Resolution and the Bonds, but only from the sources and in the marmer provided in the Resolution for the payment of principal of and interest on the Bonds to Bondholders, and will otherwise treat MBIA as the owner of such rights to the amount of such principal and interest. (G) In connection with the issuance of additional parity obligations, the Issuer shall deliver to MBIA a copy of the disclosure document, if any, circulated with respect to such additional parity obligations. (H) Copies of any amendments made to the documents executed in connection with the issuance of the Bonds which are required to be consented to by MBIA shall be sent to Standard & Poor's Corporation. Copies of any other amendments not requiring MBIA's consent shall be delivered to MBIA. (I) The Issuer shall provide MBIA with notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. (1) The Issuer shall provide MBIA with copies of all notices required to be delivered to Bondholders under the Resolution and, on an armual basis, copies of the Issuer's audited financial statements and armual budget. (K) Any notice required to be given to or by any party, including, but not limited to, a Bondholder or the Paying Agent, pursuant to the Resolution shall also be provided to MBIA. All notices required to be given to MBIA shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504, Attention: Surveillance. (L) The Issuer agrees to reimburse MBIA immediately and unconditionally upon demand, to the extent permitted by law, for all reasonable expenses, including attorneys' fees and expenses, incurred by MBIA in connection with (i) enforcement by MBIA of the Issuer's obligations, or the preservation or defense of any rights of MBIA, under the Resolution and any other document executed in connection with the issuance of the Bonds, and (ii) any consent, amendment, waiver or other action with respect to the Resolution or any related 37 Agenda Item No. 100 September 11. 2007 Page 44 of 140 document, whether or not granted or approved, together with interest on all such expenses from and including the date incurred to the date of payment of Citibank's prime rate plus 3% or the maximum interest rate permitted by law, whichever is less. In addition, MBIA reserves the right to charge a fee in connection with its review of any such consent, amendment or waiver, whether or not granted or approved. (M) The Issuer agrees not to use MBIA's name in any public document including, without limitation, a press release or presentation, armouncement or forum without MBIA's prior consent. Notwithstanding the immediately preceding sentence, the Issuer may use, refer to and disclose MBIA's name in its ordinary course of business and government activity. Such use, reference or disclosure includes, but is not limited to, publishing MBIA's name in the Issuer's Comprehensive Annual Financial Report, any preliminary or final Official Statement, any continuing disclosure document, or any other document or instrument that is prepared by the Issuer in the ordinary course of its business and government activity. In addition, the Issuer may disclose MBIA's name in accordance with any applicable public records or other laws. (N) The Issuer shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which Bonds are tendered or purchased for any purpose other than the redemption and cancellation or legal defeasance of such Bonds without the prior written consent ofMBIA. 38 T Agenda Item No.1 00 September 11, 2007 Page 45 of 140 ARTICLE VIII DEFEASANCE SECTION 8.01. DEFEASANCE. If the Issuer shall payor cause to be paid or there shall otherwise be paid to the Holders of the Bonds the principal and interest due or to become due thereon, at the times and in the marmer stipulated therein and in this Resolution, and the Issuer shall pay all amounts owing to the Insurer, then all covenants, agreements and other obligations of the Issuer to the holders of the Bonds shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agent shall pay over or deliver to the Issuer all money or securities held by it pursuant to this Resolution which are not required for payment of the Bonds not theretofore surrendered for such payment. Any Bonds or interest installments appertaining thereto shall be deemed to have been paid within the meaning of this Section 8.01 if there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or Federal Securities verified by an independent certified public accountant to be in such amount that the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with such banking institution or trust company at the same time shall be sufficient, to pay the principal of and interest due and to become due on said Bonds on and prior to the maturity date thereof. Except as hereafter provided, neither the Federal Securities nor any moneys so deposited with such banking institution or trust company nor any moneys received by such bank or trust company on account of principal of or interest on said Federal Securities shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of the Bonds for the payment of which they were deposited and the interest accruing thereon to the date of maturity; provided, however, the Issuer may substitute new Federal Securities and moneys for the deposited Federal Securities and moneys if the new Federal Securities and moneys are sufficient to pay the principal of and interest on the refunded Bonds. If Bonds are not to be redeemed or paid within 60 days after any such defeasance described in this Section 8.01, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.0 I of moneys or Federal Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity date upon which moneys are to be available for the payment of the principal of and interest on said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 8.01. Notwithstanding anything herein to the contrary, in the event that the principal of or interest due on the Bonds shall be paid by the Insurer, such Bonds shall remain 39 Agenda Item No. 100 September 11. 2007 Page 46 of 140 Outstanding, shall not be defeased or otherwise satisfied and shall not be considered paid by the Issuer, and the pledge of the Limited Ad Valorem Tax and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and the Insurer shall be subrogated to the rights of such Bondholders. 40 T Agenda Item No. 100 September 11. 2007 Page 47 of 140 ARTICLE IX PROVISIONS RELATING TO BONDS SECTION 9.01. OFFICIAL NOTICE OF SALE. The form of the Official Notice of Sale attached hereto as Exhibit A and the terms and provisions thereof are hereby authorized and approved. The Chairman is hereby authorized to make such changes, insertions and modifications as he or she shall deem necessary prior to the advertisement of such Official Notice of Sale or a summary thereof. The Chairman is hereby authorized to advertise and publish the Official Notice of Sale or a summary thereof at such time as he or she shall deem necessary and appropriate, upon the advice of the Financial Advisor, to accomplish the competitive sale of the Bonds in accordance with applicable law. SECTION 9.02. PRELIMINARY OFFICIAL STATEMENT; OFFICIAL STATEMENT. (A) The Issuer hereby authorizes the distribution and use of the Preliminary Official Statement in substantially the form attached hereto as Exhibit B in connection with the offering of the Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement, it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chairman is hereby authorized to approve such insertions, changes and modifications. The Chairman is hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-12(b)(1) under the Securities Exchange Act of 1934 in the form as mailed. Execution of a certificate by the Chairman deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. (B) The form, terms and provisions of the Official Statement relating to the Bonds shall be substantially as set forth in the Preliminary Official Statement and shall include all of the specific financial terms of the Bonds. Subject in all respects to the satisfaction of the conditions in Section 2.01 hereof, the Chairman is hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, modifications, omissions and additions as may be approved by the Chairman. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chairman and the information contained therein are hereby authorized to be used in connection with the sale of the Bonds to the public. Execution by the Chairman of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. SECTION 9.03. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects to the satisfaction of the conditions in Section 2.01 hereof, U.S. Bank National Association, Miami, Florida, is hereby designated Registrar and Paying Agent for the Bonds. The Chairman and/or the Clerk are hereby authorized to 41 Agenda Item No. 100 September 11. 2007 Page 48 of 140 enter into any agreement which may be necessary to effect the transactions contemplated by this Section 9.03 and by this Resolution. SECTION 9.04. SECONDARY MARKET DISCLOSURE. Subject in all respects to the satisfaction of the conditions in Section 2.01 hereof, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclosure requirements of the Rule, it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the dated date of the Bonds, as it may be amended from time to time in accordance with the terms thereof. The Continuing Disclosure Certificate shall be substantially in the form of Exhibit C hereto with such changes, amendments, modifications, omissions and additions as shall be approved by the Chairman who is hereby authorized to execute and deliver such Certificate. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an Event of Default under this Resolution; provided, however, to the extent permitted by law, the sole and exclusive remedy of any Bondholder for the enforcement of the provisions of the Continuing Disclosure Certificate shall be an action for mandamus or specific performance, as applicable, by court order, to cause the Issuer to comply with its obligations under this Section 9.04 and the Continuing Disclosure Certificate. For purposes of this Section 9.04, "Bondholder" shall mean any person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding such Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any such Bond for federal income tax purposes. 42 T Agenda Item No. 100 September 11. 2007 Page 49 of 140 ARTICLE X MISCELLANEOUS SECTION 10.01. GENERAL AUTHORITY. The members of the Board, the Clerk and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Resolution or the Bond Insurance Policy or which are desirable or consistent with the requirements of this Resolution or the Bond Insurance Policy for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Bonds and this Resolution, including the execution of any documents or instruments relating to insuring payment of the Bonds, and each member, employee, attorney and officer of the Issuer or the Issuer are hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. If the Chairman is unavailable or unable at any time to perform any duties or functions hereunder, the Vice- Chairman is hereby authorized and directed to act on his or her behalf. SECTION 10.02. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 10.03. REPEAL OF INCONSISTENT RESOLUTIONS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10.04. EFFECTIVE DATE. This Resolution shall take effect immediately upon its enactment in accordance with law. 43 Agenda Item No. 100 September 11. 2007 Page 50 of 140 DULY ADOPTED, in Regular Session this 11th day of September, 2007. COLLIER COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTESTED: Clerk, Board of County Commissioners Approved as to Form and Legal Sufficiency: County Attorney 44 T Agenda Item No. 100 September 11, 2007 Page 51 of 140 EXHffiIT A FORM OF OFFICIAL NOTICE OF SALE Agenda Item No.1 00 September 11. 2007 Page 52 of 140 EXHffiIT B FORM OF PRELIMINARY OFFICIAL STATEMENT T Agenda Item No. 100 September 11, 2007 Page 53 of 140 EXHIBIT C FORM OF CONTINUING DISCLOSURE CERTIFICATE Agenda Item NO.1 00 September 11, 2007 Page 54 of 140 EXHffiIT D GENERAL DESCRIPTION OF THE PROJECT The Project generally includes the acquisition and construction of the following capital improvements, as the same may be amended and supplemented from time to time: . Gravity storm sewer from PS to Gordon River . Forest Lakes Boulevard Relief Sewer to Lake 10 . Quail Forest Boulevard North Entrance Swale Rebuilding and Paving (no pipes) . Rebuild Swale #6 (behind homes on north side of East-West segment of F-L Blvd.) . Rebuild Swale #1 (behind condominiums on Quail Forest Boulevard) . Rebuild Swale #3 (connects lakes behind condominiums on Quail Forest Boulevard) . Rebuild Swale #4 (connects lakes behind condominiums on Quail Forest Boulevard) . Rebuild Swale #12 (behind Forest Lakes Golf & Tennis Club) . Rebuild Swale #13 (behind Turtle Lakes Golf Colony) . Rebuild Swale #14a & #14b (behind Emerald Greens Villas) . Rebuild Swale #11 (behind single family homes on Forest Lakes Boulevard) . Rebuild Swale #9 (behind single family homes on Forest Lakes Boulevard) . Rebuild Swale #8 (behind single family homes on Forest Lakes Boulevard) . Single Family Area - Side Yard Swale Rebuild/Road Cross Drains . New storm sewer outfall at Fairways at Emerald Greens . Overlay Forest Lakes Boulevard and cul-de-sacs throughout Single Family Area . Rebuild Woodshire Lane from Pine Ridge Road to Single Family Area . Overlay Quail Forest Boulevard from GC Clubhouse to southern end . Overlay Forest Lakes Drive and side streets from Forest Lakes Boulevard to south end Agenda Item No. 100 September 11, 2007 Page 55 of 140 OFFICIAL NOTICE OF SALE $6,250,000' Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 Electronic Bids, as Described Herein, Will Be Accepted Until 10:00 a.m., Eastern Daylight Savings Time, September 25, 2007* *Preliminary, subject to change. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 1 Agenda Item NO.1 00 September 11, 2007 Page 56 of 140 OFFICIAL NOTICE OF SALE $6,250,000. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 NOTICE IS HEREBY GIVEN that electronic bids will be received in the marmer, on the date and up to the time specified below: DATE: September 25,2007* TIME: 10:00 A.M. Eastern Daylight Savings Time* ELECTRONIC BIDS: May be submitted only through Public Financial Management's PFMauction website ("PFMauction") as described below. No other form of bid or provider of electronic bidding services will be accepted. GENERAL Bids will be received at the office of the County Manager of Collier County, Florida, Collier County Government Complex, 3301 East Tamiami Trail, Building F Naples, Florida 34112, for the purchase of all, but not less than all, of the $6,250,000* Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 (the "Bonds") to be issued by Collier County, Florida (the "County") pursuant to the terms and conditions of Resolution No. _, adopted by the Board of County Commissioners of the County, on September II, 2007 (the "Bond Resolution"). Such bids will be opened in public in accordance with applicable legal requirements. The Bond proceeds will be used to finance the acquisition and construction of various capital improvements within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (the "Forest Lakes MSTU"), and to pay costs of issuing the Bonds, including the premium for a municipal bond insurance policy. The Bonds are more particularly described in the Preliminary Official Statement dated September _, 2007 (the "Preliminary Official Statement") relating to the Bonds, available at PFMauction's website, wwwpjmauction.com. This Official Notice of Sale contains certain information for quick reference only. It is not, and is not intended to be, a summary of the Bonds. Each bidder is required to read the entire Preliminary Official Statement to obtain information essential to making an informed investment decision. "'Preliminary, subject to change. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 2 9 Agenda Item No. 100 September 11. 2007 Page 57 of 140 Prior to accepting bids, the County reserves the right to change the principal amount of the Bonds being offered and the terms of the Bonds, to postpone the sale to a later date or time, or cancel the sale. Notice of a change or cancellation will be armounced via The Bond Buyer news service at the internet website address www.tm3.com. not later than Noon, Eastern Daylight Savings Time, on the day preceding the bid opening or as soon as practicable. Such notice will specify the revised principal amount or terms, if any, and any later date or time selected for the sale, which may be postponed or cancelled in the same marmer. If the sale is postponed, a later public sale may be held at the hour, in the marmer, and on such date as communicated upon at least twenty-four (24) hours notice via The Bond Buyer news service at the internet website address www.tm3.com. The County reserves the right, after the bids are opened, to adjust the principal amount of the Bonds, as further described herein. See "ADmSTMENT OF AMOUNTS AND MATURITIES." To the extent any instructions or directions set forth in PFMauction conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. For further information about PFMauction and to subscribe in advance of the bid, potential bidders may contact PFMauction at (412) 391-5555, extension 370. Each prospective electronic bidder must be a subscriber to PFMauction. Each qualified prospective electronic bidder shall be solely responsible to make necessary arrangements to view the bid form on PFMauction and to access PFMauction for the purposes of submitting its bid in a timely marmer and in compliance with the requirements of the Official Notice of Sale. Neither the County nor PFMauction shall have any duty or obligation to provide or assure access to PFMauction to any prospective bidder, and neither the County nor PFMauction shall be responsible for a bidder's failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PFMauction. The County is using PFMauction as a communication mechanism, and not as the County's agent, to conduct the electronic bidding for the Bonds. The County is not bound by any advice and determination ofPFMauction to the effect that any particular bid complies with the terms of this Official Notice of Sale and, in particular, the bid specifications hereinafter set forth. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via PFMauction are the sole responsibility of such bidders and the County shall not be responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds, the prospective bidder should immediately telephone PFMauction at 412-391-5555, extension 370, and notify the County's Financial Advisor, Public Financial Management, Inc., at 239-939-3009 or canaryh@pfm.com. The County shall have no responsibility for technological or transmission errors that any bidder may experience in transmitting a bid. The use of PFMauction shall be at the bidder's risk and expense, and the County shall have no liability with respect thereto. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 3 Agenda Item No. 100 September 11, 2007 Page 58 of 140 THE BONDS The Bonds will be issued in fully registered, book-entry only form, without coupons, will be dated as of their date of delivery (currently anticipated to be October 10, 2007), will be issued in denominations of $5,000 or integral multiples thereof, will bear interest from their dated date until paid at the armual rate or rates specified by the successful bidder, subject to the limitations specified below, payable as shown on the Summary Table set forth herein. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds must meet the minimum and maximum coupon and reoffering price criteria shown in the Summary Table on a maturity and aggregate basis. The Bonds will mature on the dates, in the years and principal amounts shown on the Summary Table as serial bonds except as otherwise adjusted as described herein. STRUCTURE Any two to five consecutive maturities of the Bonds maturing after January I, 2017 bearing interest at the same rate may be combined into term bonds with mandatory sinking fund installments equal to the amounts and years specified in the Official Notice of Sale combined to form a term bond. OPTIONAL REDEMPTION The Bonds maturing after January I, 2017, are subject to redemption in whole or in part, at any time, on or after January I, 2017, in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot), at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus accrued interest to the date fixed for redemption. SECURITY The Bonds shall be limited obligations of the Issuer and secured by a direct armual tax, not in excess of four (4) mills, upon all taxable property within the Forest Lakes MSTU. See the Preliminary Official Statement for more information regarding the security for the Bonds. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Offidal Notice of Sale Page -I T Agenda Item NO.1 00 September 11, 2007 Page 59 of 140 Summary Table If numerical or date references contained in the body of this Official Notice of Sale conflict with this Summary Table, the body of this Official Notice of Sale shall cootrol. Consult the body of this Official Notice of Sale for a detailed explanation of the items contained in the Summary Table, including interpretation of such items and methodologies used to determine such items. Prospective purchasers of the bonds must read the entire Official Notice of Sale and the entire Preliminary Official Statement. Tenns of the Bonds Dated Date: Anticipated Delivery Date: Interest Payment Dates: Principal Payment Dates (January t): Year 2008 2009 2010 2011 2012 2013 2014 2015 Interest Calculation: Ratings: Princioal Amount* $300,000 320,000 330,000 345,000 360.000 375,000 390,000 405,000 Biddine: Parameters Sale Date: Bidding Method: All or none vs. Maturity-by-Maturity: Bid Award Method: Bid Confirmation: Bid Award: Good Faith Deposit: Coupon Multiples: Maximum Coupon: Minimum Coupon: Optional Redemption: Term Bonds: Maximum Reoffering Price: Minimum Reoffering Price: Insurance: Maturity Aggregate Maturity Aggregate Date of Delivery October to, 2007' January I and July 1, commencing January 1,2008 Year 20t6 2017 2018" 20t9" 2020" 2021-- 2022" Princioal Amount. $425,000 445,000 465,000 485,000 510,000 535,000 560,000 360-day year of twelve 30-day months Moody's: Aaa (insured) S&P: AAA (insured) Fitch: AAA (insured) September 25, 2007' PFMauction All-or-none Lowest true interest cost Fax signed Official Confirmation of Bid Fonn As soon as practicable on day of sale $62,500; Surety bond required prior to bid 1/8 or 1120 of! % 5.25% None Yes, on or after January t, 2017 Yes, at bidder's option. See "STRUCTIJRE" herein. Unlimited Par amount plus net bond premium may not exceed $6,250,000 98.0% 99.0% Y eSj all maturities by MBIA Insurance Corporation. Adiustment Parameters (As required to optimize funding of projects) Principal Increases: Maturity Unlimited Aggregate 10.0% Principal Reductions: Maturity Unlimited Aggregate 10.0% . Preliminary, subject to change. **May be combined into term bonds. See "STRUCTIJRElI herein. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 5 Agenda Item NO.1 00 September 11, 2007 Page 60 of 140 ADJUSTMENT OF AMOUNT AND MATURITIES The aggregate principal amount of each maturity of Bonds is subject to adjustment by the County after the receipt and opening of the bids for their purchase. Changes to be made after the opening of the bids will be communicated to the successful bidder directly prior to 8:00 a.m., Eastern Daylight Savings Time on the date following the sale date. The County may cancel the sale of the Bonds or adjust the aggregate principal amount. The County may increase or decrease the principal amount of the Bonds or any maturity thereof by no more than the individual maturity or aggregate principal percentages, if any, shown in the Summary Table. The County will consult with the successful bidder before adjusting the amount of any maturity of the Bonds or canceling the Bonds; however, the County reserves the sole right to make adjustments, within the limits described above, or cancel the sale of the Bonds. Adjustment to the size of the Bonds within the limits described above does not relieve the purchaser from its obligation to purchase all of the Bonds offered by the County. Each bid must specify the initial reoffering prices to the public of each maturity of Bonds. Adjustments may be made to the principal amounts based on the reoffering prices shown on PFMauction. In determining whether there will be any revision to the principal amount of or maturity of the Bonds subsequent to the bid opening and award, the County expects that changes may be made that are necessary to increase or decrease the principal amount of the Bonds to meet the County's funding objectives, all subject to the limitations set forth above. In the event that the principal amount of any maturity of the Bonds is revised after the award, the interest rate and reoffering price for each maturity and the Underwriter's Discount on the Bonds as submitted by the successful bidder shall be held constant. The "Underwriter's Discount" shall be defined as the difference between the purchase price of the Bonds submitted by the bidder and the price at which the Bonds will be issued to the public, calculated from information provided by the bidder, divided by the par amount of the Bonds bid. The par amount of the Bonds plus any net bond premIUm may not exceed $6,250,000. FORM AND PAYMENT The Bonds will be issued in fully registered, book-entry only form and a bond certificate for each maturity will be issued to The Depository Trust Company, New York, Collier County, Florida Limited General Ob/igaJion Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 6 Agenda Item No. 100 September 11, 2007 Page 61 of 140 New York ("DTC"), registered in the name of its nominee, Cede & Co. A book-entry system will be employed, evidencing ownership of the Bonds, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures adopted by DTC and its participants. The successful bidder, as a condition to delivery of the Bonds, will be required to deposit the Bond certificates with DTC or the Registrar (as defined below), registered in the name of Cede & Co. Principal of, premium, if any, and interest on the Bonds will be payable by U.S. Bank National Association, the paying agent and registrar (the "Registrar") for the Bonds by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal, premium, if any, and interest payments to the beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. Neither the County nor the Registrar will be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. Principal of, and premium, if any, on the Bonds will be payable upon presentation and surrender thereof at the designated corporate office of the Registrar on the dates, in the years and amounts established in accordance with the award of the Bonds. Interest on the Bonds is payable on the dates shown in the Summary Table. The Registrar will mail interest payments on the Bonds on each interest payment date to the owners of the Bonds at the addresses listed on the registration books maintained by the Registrar for such purpose at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next proceeding the applicable payment date, as described in the Bond Resolution. So long as DTC or its nominee is the registered owner of the Bonds, payments of principal, interest and any redemption premium on the Bonds will be made to DTC or its nominee. PRELIMINARY OFFICIAL STATEMENT AND FINAL OFFICIAL STATEMENT The County has authorized the preparation and distribution of a Preliminary Official Statement containing information relating to the Bonds. The Preliminary Official Statement has been deemed fmal by the County as required by Rule 15c2-12 of the Securities and Exchange Commission. The County will furnish the successful bidder on the date of closing, with its certificate as to the completeness and accuracy of the Official Statement. The Preliminary Official Statement and this Official Notice of Sale and any other information concerning the proposed financing will be available electronically at PFMauction's web site, wwwpfinauction.com. Assistance in obtaining the documents will Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 7 Agenda Item No. 100 September 11, 2007 Page 62 of 140 be provided by PFMauction customer service at 412-391-5555, extension 370 or from Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, Florida 33966-4796, Phone 239-939-3009, Fax 239- 939-1220 or email canaryh@pfrn.com. The Preliminary Official Statement, when amended to reflect the actual amount of the Bonds sold, the interest rates specified by the successful bidder and the price or yield at which the successful bidder will reoffer the Bonds to the public, together with any other information required by law, will constitute a final "Official Statement" with respect to the Bonds as that term is defined in Rule 15c2-l2. The County shall furnish at its expense within seven (7) business days after the Bonds have been awarded to the successful bidder no more than 200 copies of the final Official Statement. Additional copies of the Official Statement may be provided at the request and expense of the winning bidder. If the Bonds are awarded to a syndicate, the County will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter submitting a bid with respect to the Bonds agrees thereby that if its bid is accepted, it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the purpose of assuring the receipt and distribution by each participating underwriter of the Official Statement. LEGAL OPINIONS The Bonds will be sold subject to the opinion of Nabors, Giblin & Nickerson, P.A., the County's Bond Counsel, as to the legality thereof and such opinion will be furnished without cost to the purchaser and all bids will be so conditioned. A form of Bond Counsel's opinion is attached to the Preliminary Official Statement as Appendix E. Certain matters will be passed on for the County by David C. Weigel, Esq., County Attorney and Bryant Miller Olive P.A., the County's Disclosure Counsel. A legal opinion (or reliance letter thereon) of Bryant Miller Olive P.A., Tampa, Florida, Disclosure Counsel, and a legal opinion of David C. Weigel, Esq., County Attorney, with respect to certain matters concerning the Official Statement will be furnished without charge to the successful bidder at the time of delivery of the Bonds. BIDDING PROCEDURE; OFFICIAL BID FORMS Only electronic bids submitted via PFMacution will be accepted. No other provider of electronic bidding services will be accepted. No bid delivered in person or by facsimile directly to the County will be accepted. Bidders are permitted to submit bids for the Bonds during the bidding time period, provided they are eligible to bid as described under "GENERAL" above. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 ~ Official Notice o[ Sale Page 8 T Agenda Item No. 100 September 11. 2007 Page 63 of 140 Each electronic bid submitted via PFMauction shall be deemed an irrevocable offer in response to this Official Notice of Sale and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the County. All bids remain fIrm until an award is made. The successful bidder must confirm the details of such bid by a signed Official ConfIrmation of Bid Form delivered by fax to Public Financial Management, Inc. at 239-939-1220 no later than one hour after being notified by the County of being the winning bidder, the original of which must be received by Public Financial Management, Inc., Financial Advisor to the County on the following business day at 13350 Metro Parkway, Suite 302, Fort Myers, FL 33966-4796. Failure to deliver the form does not relieve the bidder of the obligation to purchase the Bonds. FORM OF BID Bidders must bid to purchase all maturities of the Bonds. Each bid must specify (l) an armual rate of interest for each maturity, (2) reoffering price or yield for each maturity and (3) a dollar purchase price for the entire issue of the Bonds. No more than one (I) bid from any bidder will be considered. A bidder must specify the rate or rates of interest per armum (with no more than one rate of interest per maturity), which the Bonds are to bear, to be expressed in multiples of 1/8 or 1/20 of I %. Any number of interest rates may be named, but the Bonds of each maturity must bear interest at the same single rate for all bonds of that maturity. Each bid for the Bonds must meet the minimum and maximum coupon criteria and minimum and maximum reoffering price criteria shown in the Summary Table on a maturity and aggregate basis. The par amount of the Bonds plus any net bond premium may not exceed $6,250,000. Each bidder must specify, as part of its bid, the prices or yields at which a substantial amount (i.e., at least 10%) of the Bonds of each maturity will be offered and sold to the public. Reoffering prices presented as a part of the bids will not be used in computing the bidder's true interest cost. As promptly as reasonably possible after bids are received, the County will notify the successful bidder that it is the apparent winner. MUNICIPAL BOND INSURANCE The County has received a commitment from MBIA Insurance Corporation of its intent to issue a municipal bond insurance policy insuring payment of principal and interest on the Bonds, when due. The cost of municipal bond insurance will be paid by Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 9 Agenda Item No. 100 September 11. 2007 Page 64 of 140 the County. Information regarding the bond insurance commitment may be obtained from the Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33966-4796, 239-939-3009, canaryh@pfrn.com. AWARD OF BID The County expects to award the Bonds to the winning bidder as soon as practicable after the bids are opened on the sale date. Bids may not be withdrawn prior to the award. Unless all bids are rejected, the Bonds will be awarded by the County on the sale date to the bidder whose bid complies with this Official Notice of Sale and results in the lowest True Interest Cost ("TIC") to the County. The lowest TIC will be determined by doubling the semi-armual interest rate, compounded semi-armually, necessary to discount the debt service payments from the payment dates to the dated date of the Bonds and to the aggregate purchase price of the Bonds. If two or more responsible bidders offer to purchase the Bonds at the same lowest TIC, the County will award the Bonds to one of such bidders by lot. Only the final bid submitted by any bidder through PFMauction will be considered. The right reserved to the County shall be final and binding upon all bidders with respect to the form and adequacy of any proposal received and as in its conformity to the terms of this Official Notice of Sale. RIGHT OF REJECTION The County reserves the right, in its discretion, to reject any and all bids and to waive irregularity or informality in any bid. DELIVERY AND PAYMENT Delivery of the Bonds will be made by the County to DTC in book-entry only form, in New York, New York on or about the delivery date shown in the Summary Table, or such other date agreed upon by the County and the successful bidder. Payment for the Bonds must be made in Federal Funds or other funds immediately available to the County at the time of delivery of the Bonds. Any expenses incurred in providing immediate funds, whether by transfer of Federal Funds or otherwise, will be borne by the purchaser. The County intends to conduct the closing in Naples, Florida. RIGHT OF CANCELLATION The successful bidder will have the right, at its option, to cancel its obligation to purchase the Bonds if the Registrar fails to authenticate the Bonds and tender the same for delivery within 60 days from the date of sale thereof, and in such event the successful bidder will be entitled to the return of the Good Faith Deposit accompanying its bid. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 10 9 Agenda Item No. 100 September 11. 2007 Page 65 of 140 GOOD FAITH DEPOSIT Each bid for the purchase of the Bonds must be accompanied by a financial surety bond which guarantees payment to the County of the Good Faith Deposit amount shown in the Summary Table to secure the County against any loss resulting from a failure of the successful bidder to take up and pay for the Bonds in accordance with the terms of this Official Notice of Sale and of their bids. Each financial surety bond must be from an insurance company acceptable to the County and licensed to issue such a bond in the State of Florida. Each fmancial surety bond must be submitted to Public Financial Management, Inc., Financial Advisor to the County, 13350 Metro Parkway, Suite 302, Fort Myers, FL 33966-4796, or by facsimile to 239-939-1220, prior to the time bids are required to be submitted and must be in form and substance acceptable to the County. Each financial surety bond must identify each bidder whose deposit is guaranteed by such financial surety bond. The successful bidder for the Bonds is required to submit its Good Faith Deposit to the County in the form of a wire transfer in federal funds not later than 12:30 p.m., Eastern Daylight Savings Time, on the next business day following the award. If such deposit is not received by that time, the relevant financial surety bond will be drawn upon by the County to satisfy the deposit requirement. The Good Faith Deposit so wired will be retained by the County until the delivery of such Bonds, at which time the good faith deposit will be applied against the purchase price of such Bonds or the good faith deposit will be retained by the County as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. The County will pay no interest on the good faith deposit. The balance of the purchase price must be wired in federal funds to the account detailed in the closing memorandum provided by the County to the successful purchaser, simultaneously with delivery of such Bonds. CUSIP NUMBERS It is anticipated that CUSIP numbers will be printed on the Bonds, but neither failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds. Bond Counsel will not review or express any opinion as to the correctness of such CUSIP numbers. The policies of the CUSIP Service Bureau will govern the assignment of specific numbers to the Bonds. The successful bidder will be responsible for applying for and obtaining CUSIP numbers for the Bonds. All expenses in relation to the printing of CUSIP numbers on the Bonds will be paid for by the County; Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Offidal No/ice of Sale Page 11 Agenda Item NO.1 00 September 11, 2007 Page 66 of 140 provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers will be the responsibility of and will be paid for by the successful bidder. BLUE SKY The County has not undertaken to register the Bonds under the securities laws of any state, nor investigated the eligibility of any institution or person to purchase or participate in the underwriting of the Bonds under any applicable legal investment, insurance, banking or other laws. By submitting a bid for the Bonds, the successful bidder represents that the sale of the Bonds in states other than Florida will be made only under exemptions from registration or, wherever necessary, the successful bidder will register the Bonds in accordance with the securities laws of the state in which the Bonds are offered or sold. The County agrees to cooperate with the successful bidder, at the bidder's written request and expense, in registering the Bonds or obtaining an exemption from registration in any state where such action is necessary; provided, however, that the County shall not be required to consent to suit or to service of process in any jurisdiction. DISCLOSURE OBLIGATIONS OF THE PURCHASER Section 218.38(1)(b)(2), Florida Statutes, requires that the successful purchaser file a statement with the County containing information with respect to any fee, bonus or gratuity paid, in connection with the Bonds, by any underwriter or financial consultant to any person not regularly employed or engaged by such underwriter or consultant. Receipt of such statement is a condition precedent to the delivery of the Bonds to such successful bidder. The winning bidder must (I) complete the Truth-in-Bonding Statement provided by Bond Counsel (the form of which is attached hereto as Exhibit A) and (2) indicate whether such bidder has paid any finder's fee to any person in connection with the sale of the Bonds in accordance with Section 218.386, Florida Statutes. The successful purchaser will be required to submit to the County prior to closing a certification to the effect that (i) all of the Bonds have been subject of a bona fide initial offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices no higher than those shown on the cover of the Official Statement relating to the Bonds, (ii) to the best of their knowledge, and based on their records and other information available to them which they believe to be correct, at least 10 percent of each maturity of the Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at initial offering prices not greater than or yields not lower than the respective prices or yields shown on the cover of the Official Statement, and (iii) at the time they agreed to purchase the Bonds, based upon their Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 ~ Official Notice of Sale Page 12 r Agenda Item No. 100 September 11. 2007 Page 67 of 140 assessment of the then prevailing market conditions, they had no reason to believe any of the Bonds would be sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices greater than or yields lower than the respective prices or yields shown on the cover of the Official Statement. CONTINUING DISCLOSURE The County has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of the Securities and Exchange Commission. The specific nature of the information to be contained in the armual report and the notices of material events are set forth in the Continuing Disclosure Certificate which is reproduced in its entirety in Appendix F attached to the Preliminary Official Statement for the Bonds. The covenants have been undertaken by the County in order to assist the successful purchaser in complying with clause (b) (5) of Rule 15c2-12 of the Securities and Exchange Commission. CERTIFICATE The County will deliver to the purchaser of the Bonds a certificate of an official of the County, dated the date of delivery of said Bonds, stating that as of the date thereof, to the best of the knowledge and belief of said official, the Official Statement does not contain an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, and further certifying that the signatory knows of no material adverse change in the financial condition of the County. CHOICE OF LAW Any litigation or claim arising out of any bid submitted (regardless of the means of submission) pursuant to this Official Notice of Sale shall be governed by and construed in accordance with the laws of the State of Florida. The venue situs for any such action shall be the state courts of the Twentieth Judicial Circuit in and for Collier County, Florida. Collier County. Florida Limited General Obligation Bonds (Foresl Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007. Official Notice of Sale Page 13 Agenda Item No. 100 September 11, 2007 Page 68 of 140 NOTICE OF BIDDERS REGARDING PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the Convicted Vendor List (as described in Florida Statutes) following a conviction for a public entity crime may not submit a bid. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Dated: September 12, 2007 CoWer County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Offidal Notice of Sale Page 14 Agenda Item No.1 00 September 11, 2007 Page 69 of 140 EXHffiIT A TRUTH-IN-BONDING STATEMENT September _, 2007 Board of County Commissioners of Collier County, Florida, Re: Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 Dear Commissioners: The purpose of the following two paragraphs is to furnish, pursuant to the provisions of Sections 218.385(2) and (3), Florida Statutes, as amended, the truth-in- bonding statement required thereby, as follows: (a) The County is proposing to issue $ principal amount of the above-referenced Bonds for the principal purposes of financing the acquisition and construction of various capital improvements within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, and paying certain costs of issuance of the Bonds, including the premium for municipal bond insurance. This obligation is expected to be repaid over a period of approximately _ years. At a true interest cost of _%, total interest paid over the life of the obligation will be approximately $ (b) The Bonds are limited obligations of the County. The principal source of repayment or security for the Bonds is a direct armual tax, not in excess of four (4) mills, upon all taxable property within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit The foregoing is provided for information purposes only and shall not affect or control the actual terms and conditions of the Bonds. Very truly yours, Underwriter By: Authorized Signatory Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007. Official Notice of Sale Page 15 Agenda Item No. 100 September 11. 2007 Page 70 of 140 OFFICIAL CONFIRMATION OF BID FORM $ Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 The undersigned hereby offer to purchase all of the Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 (the "Bonds"), to be dated as of the date of delivery (expected to be October 10, 2007), described in the attached Official Notice of Sale and the Preliminary Official Statement referred to therein, which by reference is made part of this bid, for all but not less than all of said Bonds and will pay therefor, at the time of delivery, in immediately available Federal Reserve Funds Dollars ($ ), bearing interest at the following rates per armum: Year (Januarv 1) 2008 2009 2010 2011 2012 2013 2014 2015 Principal' Amount $300,000 320,000 330,000 345,000 360,000 375,000 390,000 405,000 Reoffering Price or Yield Year (Januarv 1) 2016 2017 2018" 2019" 2020" 202] .. 2022 .. Interest Rate · Preliminary, subject to change. "May be combined into term bonds. See "STRUCTURE" herein. Principal' Amount $425,000 445,000 465,000 485,000 510,000 535,000 560,000 ReotTering Price or Yield Interest Rate Any two to five consecutive maturities of the Bonds maturing after January 1,2017 bearing interest at the same rate may be combined into term bonds with mandatory sinking fund installments equal to the amounts and years specified in the Official Notice of Sale combined to form a term bond. The principal installments for the Bonds indicated on the previous page shall be applied for the mandatory retirement of Term Bonds maturing in the years and amounts and bearing interest as follows: $ Term Bonds maturing on January 1, _at _% per annum to yield _% per annum $ Term Bonds maturing on January I, _at _% per annum to yield _% per annum $ Term Bonds maturing on January I, _at _% per annum to yield _% per annum Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page J 6 T Agenda Item No. 100 September 11, 2007 Page 71 of 140 GOOD FAITH DEPOSIT In accordance with the attached Official Notice of Sale, we are the authorized principal of a Financial Surety Bond in the amount of Sixty-Two Thousand, Five Hundred and NollOO Dollars ($62,500.00) with respect to this bid as described in the attached Official Notice of Sale. MISCELLANOUS This proposal is not subject to any conditions not expressly stated herein or in the attached Official Notice of Sale. Receipt and review of the Preliminary Official Statement relating to the Bonds is hereby acknowledged. The names of the underwriters or member of the account or joint bidding account, if any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. TRUTH IN BONDING STATEMENT Prior to an award, the successful bidder must complete, sign and deliver with this Official Confirmation of Bid Form the Truth in Bonding Statement which is attached to the Official Notice of Sale as Exhibit A. The County reserves the right to assist the bidder in correcting any inconsistencies or inaccuracies set forth in such Truth in Bonding Statement. The County may waive any inconsistencies or inaccuracies relating to such Statements and any such waived inconsistencies or inaccuracies shall not adversely affect the bid. Furthermore, pursuant to Section 218.386, Florida Statutes, the names, addresses and estimated amounts of compensation of any person who has entered into an understanding with the underwriters or, to the managing underwriter's knowledge, the County, or both, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intermediary between the County and managing underwriter or who exercises or attempts to exercise any influence to effect any transaction in the purchase of the Bonds are set forth below in the space provided. If no information is provided below, the County shall presume no compensation was or will be paid. Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 - Official Notice of Sale Page 17 Agenda Item No. 100 September 11, 2007 Page 72 of 140 Senior Manager: Address Authorized Signature: City State Zip Code Printed Name: Telephone Number Facsimile Number Collier County, Florida Limited General ObUgation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 ~ Official Notice of Sale Page 18 T Agenda Item No. 100 September 11. 2007 Page 73 of 140 PRELIMINARY OFFICIAL STATEMENT DATED .2007 NEW ISSUE - BOOK ENTRY ONLY In the apinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, interest on the Series 2007 Bonds (as hereinafter defined) is, under existing statutes, regulations, rulings and court decisions: (a) excludable from gross income for federal income tax purposes except as otherwise described herein under the caption "TAX MATTERS" and (b) not an item of tax preference for purposes of the federal a/ternative minimum tax imposed on individuals and C"'Porations. Such interest, hawever, will be includable in the calculation of a corporation's alternative minimum taxable income and may be subject to other federal income tax consequences referred to herein under the caption "TAX MATfERS." $6,250,000' COLLIER COUNTY, FLORIDA Limited General Obligation Bonds (Forest lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 Dated: Date of Delivery Due: January 1, as shown below The Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 (the "Series 2007 Bonds") are being issued by Collier County, Florida (the "County") pursuant to the Constitution and laws of the State of Florida, including Article VII, Section 12, Constitution of the State of Florida, Chapter 125, Florida Statutes, Resotution No. 2006-242 adopted by the Board on September 12, 2006 (the "Referendum Resolution"), and other applicable provisions of law (collectively, the "Act"), and pursuant to Resolution No. adopted by the Board on September 11, 2007, as it may be amended and supplemented from time to time (the "Resolution") for the purposes of (i) financing the costs of certain roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes Municipal Service Taxing Unit, and (ii) paying certain costs and expenses incurred in connection with the issuance of the Series 2007 Bonds. 'This cover page contains certain information for quick reference only. It is not, and is not intended to be, a summary of the issue. Investors must read the entire Official Statement to obtain information needed for the making of an informed investment decision. The Series 2007 Bonds are being issued by the County in the form of a separate single certificated fully registered Series 2007 Bond for each of the maturities of the Series 2007 Bonds, which initially wilt be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York CDTC"). Individual purchases will be made in book-entry form only through Direct Participants (defined herein) in denominations of $5,000 and integral multiples thereof. Purchasers of the Series 2007 Bonds (the "Beneficial Owners") will not receive physical delivery of certificates. Transfers of ownership interests in the Series 2007 Bonds will be effected by the DTC book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments are to be made directly to such registered owner which in turn is to remit such payments to the Direct Participants for subsequent disbursement to the Beneficial Owners. Interest on the Series 2007 Bonds is payable semi- annually on each July 1 and January 1, commencing January 1, 2008. Principal of, premium, if any, and interest on the Series 2007 Bonds will be payable by U.s. Bank National Association, Miami, Florida, as Paying Agent and Registrar. {4399{09l00106942.DOCv6} Agenda Item No. 100 September 11. 2007 Page 74 of 140 The Series 2007 Bonds shall be subject to optional and mandatory redemption prior to their stated maturities as described herein. The faith, credit and taxing power of the County will be and are pledged for the full and prompt payment of the principal of and interest on the Series 2007 Bonds; provided, that such pledge is a limited obligation of the County which shall not exceed four (4) mills of ad valorem taxes levied and collected within the Forest Lakes MSTU. A direct annual tax not in excess of four (4) mills will be levied upon all taxable property within the Forest Lakes MSTU to make such payments. No Holder or Holders of the Series 2007 Bonds will ever have the right to compel the full faith, credit and taxing power of the County in an amount greater than the Limited Ad Valorem Tax (as defined herein) or within any area other than the Forest Lakes MSTU. See "AD VALOREM TAXA nON" herein. THE ISSUANCE OF THE SERIES 2007 BONDS BY THE COUNTY WAS APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS OF THE COUNTY VOTING AT A REFERENDUM ELECTION HELD ON NOVEMBER 7, 2006, IN SATISFACTION OF THE REQUIREMENTS OF ARTICLE VII, SECTION 12 OF THE FLORIDA CONSTITUTION. Payment of the principal of and interest on the Series 2007 Bonds when due will be insured by a bond insurance policy to be issued simultaneously with the delivery of the Series 2007 Bonds by MBlA Insurance Corporation. See "BOND INSURANCE" herein. [Insurer Logol {4399/09/00106942.DOCv6) T Agenda Item No. 100 September 11. 2007 Page 75 of 140 MATURITIES, AMOUNTS, INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS $ Maturity CTanuarvl) 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018" 2019** 2020** 2021** 2022...... Amount'" $300,000 320,000 330,000 345,000 360,000 375,000 390,000 405,000 425,000 445,000 465,000 485,000 510,000 535,000 560,000 . Serial Bonds lnterest Rate Price or Yield Initial CUSIP Number The Series 2007 Bonds are offered when, as, and if issued and received by the Underwriter, subject to the opinion on certain legal matters relating to their issuance by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed upon for the County by David C. Weigel, Esq., County Attornel} and by Bryant Miller Olive P.A., Tampa, Florida, Disclosure Counsel. Public Financial Management, Inc., Fort Myers, Florida, is serving as Financial Advisor to the County. It is expected that the Series 2007 Bonds in definitive form will be available for delivery to the Underwriter in New York, New York at the facilities of DTC on or about October ~ 2007. Sale. Electronic bids for the Series 2007 Bonds will be received as described in the Official Notice of Dated: .2007 "'Preliminary, subject to change. The principal amount of any maturity may be increased or decreased in the discretion of the County. See "ADJUSTMENT OF AMOUNT AND MATURITIES" in the Official Notice of Sale. "May be combined into term bonds. See "STRUCTURE" in the Official Notice of Sale. {4399/09/OO106942.DOCv6} Agenda Item No. 100 September 11. 2007 Page 76 of 140 RED HERRING LANGUAGE: This Preliminary Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of the Series 2007 Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws of such jurisctiction. The County has deemed this Preliminary Official Statement "final," except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by the Securities and Exchange Commission. {4399!09/00106942.DOCv6} T Agenda Item NO.1 00 September 11, 2007 Page 77 of 140 COLLIER COUNTY, FLORIDA Government Complex 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8097 BOARD OF COUNTY COMMISSIONERS James N. Colella, Jr., Chair Thomas K. Henning, Vice Chair Fred W. Coyle, Commissioner Frank Halas, Commissioner Donna L. Fiala, Commissioner COUNTY MANAGER James V. Mudd CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY AND CHIEF FINANCIAL OFFICER Dwight E. Brock, Esq. DIRECTOR OF FINANCE AND ACCOUNTING Crystal K. Kinzel COUNTY ATTORNEY David C. Weigel, Esq. BOND COUNSEL Nabors, Giblin & Nickerson, P.A. Tampa, Florida DISCLOSURE COUNSEL Bryant Miller Olive P.A. Tampa, Fiorida FINANCIAL ADVISOR Public Financial Management, Inc. Fort Myers, Florida {4399/D9/0010694-2.DOCv6} Agenda Item No.1 00 September 11, 2007 Page 78 of 140 No dealer, broker, salesman or other person has been authorized by the County or the Underwriter to give any information or to make any representations in connection with the Series 2007 Bonds, other than as contained in this Official Statement, and, if given or made, such information or representations must not be relied upon as having been authorized by the County. This Official Statement does not constitute an offer to sell Or the solicitation of an offer to buy, nOr shall there be any sale of the Series 2007 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The Information set forth herein has been obtained from the County, the Insurer, DTC and other sources that are believed to be reliable, but is not guaranteed as to accuracy or completeness by and is not to be construed as a representation by the Underwriter. The information and expressions of opinion stated herein are subject to change, and neither the delivery of this Official Statement nOr any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the matters described herein since the date hereof. IN CONNECTION WITH THIS OFFERING OF THE SERIES 2007 BONDS, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH SERIES 2007 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. All summaries herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Series 2007 Bonds are qualified in their entirety by reference to the fOIm thereof included in the aforesaid documents and agreements. NO REGISTRA TION STATEMENT RELATING TO THE SERIES 2007 BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITH ANY STATE SECURITIES COMMISSION. IN MAKING ANY INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATIONS OF THE COUNTY AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2007 BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. 14399/09/00106942.DOCv6} T Aoenda Item No. 100 September 11, 2007 Page 79 of 140 TABLE OF CONTENTS Content ~ INTRODUCTION .......................................................................................................................................................1 PURPOSE OF DiE ISSUE .........................................................................................................................................2 DESCRIPTION OF DiE SERIES 2007 BONDS.......................................................................................................2 General...........................................................................................................................................................2 Book-Entry Only System ................. ........................ ................... ........ ............ .............. ........................... ....3 Interchangeability, Negotiability and Transfer ........................................................................................5 Bonds Mutilated, Destroyed, Stolen or Lost.............................................................................................6 Optionat Redemption ..................................................................................................................................7 Mandatory Redemption ..............................................................................................................................7 Notice of Redemption. ..... ............. .................... ................ ..... ........... ......... ............. .............. ............. .......... 7 SECURITY FOR THE BONDS ..................................................................................................................................8 General... ................... ................................ .............. .......... ............. ............. ........... .......... ..... ........... ....... .......8 Funds and Accounts .......... ........... ................... ...... .... ................ .......... ................. ......... ............ ..................9 Project Fund ..... ........... .......... ....... ............ .............. ....... ............ ......... ...................... ........ ..... ...... ...... ..........10 Application of Limited Ad Valorem Tax; Sinking Fund.......................................................................10 No Debt Service Reserve Fund .................................................................................................................11 No Additionat Indebtedness........ ............ ............. .... ........................................ ........... ......... .......... ..........11 No Impairment ..... ............ .............. ............... ............... .............. .......... ...... ........... .......... ..... .................... ..11 Amendment of Resolution without Consent of Bondholders..............................................................11 AD VALOREM TAXA nON ...................................................................................................................................11 General..... .......................... ....... .............. ............ ......... ........ ............... ........ .... ........... ................ ............... ...11 Save Our Homes Amendment..................................................................................................................12 Truth in Millage Bill...................................................................................................................................13 Property Assessment Procedures........ ........ ........... ....... ............. ............ ....... .............. ...... .......................13 Levy of Ad Valorem Taxes........................................................................................................................13 Property Tax Reform.. .......... ....... ........ .......... .................... .............. ........... .......... ............... ............. ...... ....14 Property Tax Rates ....... ............ ..................... ............. ....... .............. ........... ......................... ..................... ..15 Assessed Valuations......... ........... ...... ........................ .... ....................... ................. ..... ........... ..... ............... .17 Tax Collection ............................ ................... ................. ................ ....... ........ ......... ................ ............. ....... .18 Tax Deeds ...... ....... ..................... .......................... ............................... ....... .... ...... ..... ............ ...... ............. ....19 ESTIMATED SOURCES AND USES OF FUNDS ...............................................................................................21 DEBT SERVICE SCHEDULE ..................................................................................................................................22 PRO FORMA DEBT SERVICE COVERAGE.........................................................................................................23 BOND INSURANCE................................................................................................................................................23 General ........ ........ ......... ...................... ......... ....... ............. ............... .............. ........... ............. ..... .................. .23 Bond Insurance Policy....................................... ............... ....... ............ ....... ............ ............... ............ ....... .23 MBlA Insurance Corporation .................................. ......... ............. ....................................... ................... .24 Regulation ....... ............. ............ ................... ................. ....... ........... ............................. .............. ................. .24 Financial Strength Ratings.. ............... .................. ........ ............... .......... ............. ............. .................... ..... .25 Financial Information... ....... .......................... ................ ........................... ....... ............ ..... ..... ............. ........25 Incorporation of Certain Documents by Reference .............................................................................,.26 INVESTMENT POLICY ...........................................................................................................................................27 LEGAL MA TIERS................................................................................. ...................................................................28 LmGA nON .............................................................................................................................................................29 {4399/09/00106942.DOCv6} Agenda Item NO.1 00 September 11. 2007 Page 80 of 140 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ...........................................................30 TAX MA ITERS.........................................................................................................................................................30 Opinion of Bond Counsel.......................... ................... ......... .......... ...... ..................... ................... ...... ......30 Internal Revenue Code of 1986........ .............. ..................... ............ ............. .............. ...............................31 Collateral Tax Consequences ................... ......... ................... ................... ............. ......... ..... ...... ......... ...... ..31 Other Tax Mallers.... ............. ............. ...... .......... ..... ...... ........ .................. ....... ...... .......... .............. ............. ..31 Tax Treatment of Original Issue Discount..............................................................................................32 Tax Treatment of Bond Premium.............................................................................................................32 RATINGS ...................................................................................................................................................................32 FINANCIAL ADVlSOR...................................................................................... ............... ...... ..............................33 AUDITED FINANCiAL STATEMENTS ...............................................................................................................33 UNDERWRmNG ....................................................................................................................................................33 CONTINGENT FEES ................................................................... ............. ............... ................................................34 ENFORCEABILITY OF REMEDIES............................................................................................................ ...........34 CONTINUING DISCLOSURE............................................................................................ .................... ................34 ACCURACY AND COMPLETENESS OF OFFICIAL STA TEMENT................................................................35 AUTHORIZATION OF OFFICIAL STATEMENT ...............................................................................................36 APPENDICES APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA APPENDIX B - FORM OF THE RESOLlITION APPENDIX C - AUDITED FINANCIAL STATEMENTS OF COLLIER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006 APPENDIX D - SPECIMEN BOND INSURANCE POLICY APPENDIX E - FORM OF BOND COUNSEL OPINION APPENDIX F - FORM OF CONTINUING DISCLOSURE CERTIFICA TE {4399I09/OO106942.DOCv6! ii T Agenda Item No. 100 September 11, 2007 Page 81 of 140 OFFIOAL STATEMENT relating to $6,250,000" COLLIER COUNTY, FLORIDA Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 INTRODUCTION The purpose of this Official Statement, including the cover page and appendices, is to set forth information concerning Collier County, Florida (the "County") and the Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007 (the "Series 2007 Bonds"), in connection with the sale of the Series 2007 Bonds. The County was established in 1923 by the legistature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the Stale. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. In 2006, the County had a population of 236,658. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.s. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Part of the Everglades National Park, the United States' only subtropical national park, comprises a portion of the County. See "APPENDIX A - GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA" attached hereto for more information about the County. The Series 2007 Bonds are being issued pursuant to the Constitution and laws of the State of Florida, including Article VII, Section 12, Constitution of the State of Florida, Chapter 125, Florida Statutes, Resolution No. 2006-242 adopted by the Board on September 12, 2006 (the "Referendum Resolution"), and other applicable provisions of law (collectively. the "Act..), and pursuant to Resolution No. adopted by the Board on September 11, 2007, as it may be amended and supplemented from time to time (the "Resolution"). See "APPENDIX B - FORM OF THE RESOLUTION" attached hereto. The faith, credit and taxing power of the County will be and are pledged for the full and prompt payment of the principal of and interest on the Series 2007 Bonds; provided, that such pledge is a limited obligation of the County which shall not exceed four (4) mills of ad vatorem taxes levied and cotlected within the Forest Lakes MSTU. A direct annual tax not in excess of four (4) mills witl be levied upon all taxable property within the Forest Lakes MSTU to make such payments. No Holder or Holders of the Series 2007 Bonds will ever have the right to compel the full faith. credit and taxing power of the County in an amount greater than the Limited Ad Valorem Tax or within any area other than the Forest Lakes MSTU. See "AD VALOREM TAXATION" herein. "'Preliminary, subject to change. 14399/09/00106942.DOCv6} 1 Agenda Item No. 100 September 11, 2007 Page 82 of 140 Provision shall be included and made in the County's annual budget and tax levy for the levy of the Limited Ad Valorem Tax (as defined betow) in an amount sufficient to pay the principal of and interest on the Series 2007 Bonds, as the same shall become due. Whenever the County shall, in any Fiscal Year, have irrevocably deposited in the Sinking Fund any moneys derived from sources other than the Limited Ad Valorem Tax, the Limited Ad Valorem Tax may be correspondingly diminished; but any such diminution must leave available an amount of such Limited Ad Valorem Tax, after allowance for anticipated delinquencies in collection, fully sufficient, with such moneys so deposited from other sources, to assure the prompt payment of principal, interest and other retated charges falling due prior to the time that the proceeds of the next annual Limited Ad Valorem Tax levy will be available. Such Limited Ad Valorem Tax will be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the County are assessed, levied and collected. The Limited Ad Valorem Tax will be levied and collected in accordance with all applicable law, including, but not limited to, the Referendum Resolution. The County irrevocably pledged such Limited Ad Valorem Tax to the payment of the Series 2007 Bonds. See "SECURITY FOR THE BONDS" herein. "Limited Ad Valorem Tax" is defined in the Resolution to mean the ad valorem tax levied on all taxable property within the Forest Lakes MSTU in an amount not to exceed four (4) mills to pay the Arumal Debt Service on the Bonds as approved by the qualified electors of the County voting in the November 7, 2006 bond referendum etection. The Limited Ad Valorem Tax to be levied to pay debt service on the Bonds shall be tevied and collected in each Fiscal Year of the County beginning with the 2007-2008 Fiscal Year through and including the 2021-2022 Fiscal Year while the Bonds are outstanding. The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such summary and reference is qualified in its entirety by reference to each such document, statute, report or instrument. All capitalized terms used in this Official Statement and not otherwise defined herein have the meanings set forth in the Resolution, unless the context would clearly indicate otherwise. A fonn of the Resolution is attached hereto as "APPENDIX B - FORM OF THE RESOLUTION." A copy of the Resolution and all documents of the County referred to herein may be obtained from Dwight E. Brock, Clerk of Circuit Court and OUef Financial Officer of Collier County, Government Complex, 3301 East Tamiami Trail, Building L, Naples, Florida 34112, Phone (239) 732-2646. PURPOSE OF THE ISSUE The proceeds of the Series 2007 Bonds will be used for the purposes of (i) financing the costs of certain roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes MSTU, and (ii) paying certain costs and expenses incurred in connection with the issuance of the Series 2007 Bonds. DESCRIPTION OF THE SERIES 2007 BONDS General The Series 2007 Bonds are being issued by the County in the form of a separate single certificate fully registered Series 2007 Bond for each of the maturities of the Series 2007 Bonds, which initially will be {4399/09/0010694Z.DOCv6) 2 T Agenda Item No. 100 September 11, 2007 Page 83 of 140 registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). individual purchases will be made in book entry form only in denominations of $5,000 and any integral multiple thereof. Purchasers of the Series 2007 Bonds (the "Beneficial Owners") will not receive physical delivery of the Series 2007 Bonds. Transfer of ownership in the Series 2007 Bonds will be effected by DTC's book-entry system as described herein. As long as Cede & Co. is the registered owner as nominee of DTC, principal and interest payments are to be made directly to such registered owner which in turn is to remit such payments to the Direct or indirect Participants (as defined herein) for subsequent disbursement to the Beneficial Owners. interest on the Series 2007 Bonds Is payable semi- annually on July 1 and January I of each year, commencing Januaryl, 2008. Interest on the Series 2007 Bonds will be payable by check or draft of U.s. Bank National Association, Miami, Florida (the "Paying Agent" and "Registrar") mailed to the Series 2007 Bondholders, as shown in the registration books of the Paying Agent and Registrar at the close of business on the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date. Principal of the Series 2007 Bonds is payable at maturity upon presentation and surrender at the designated corporate trust office of the Paying Agent. The principal of and interest on the Series 2007 Bonds are payable in lawful money of the United States of America. Book-Entry Only System THE FOLLOWING INFORMATION CONCERNING DTC AND DTC'S BOOK-ENTRY ONLY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE COUNTY BELIEVES TO BE RELIABLE, BUT TIlE COUNTY TAKES NO RESPONSIBILITY FOR THE ACCURACY THEREOF. DTC will act as securities depository for the Series 2007 Bonds. The Series 2007 Bonds will be registered in the name of Cede & Co. (DTC's partnership nominee). Purchases of beneficial ownership interests in the Series 2007 Bonds will be made in book-entry only form, in the denominations hereinbefore described. Purchasers of beneficial ownership interests in the Series 2007 Bonds ("Beneficial Owners") will not receive bond certificates representing their ownership interests in the Series 2007 Bonds, except in the event that use of the book-entry only system for the Series 2007 Bonds is discontinued. One fully registered certificate will be issued for each maturity of the Series 2007 Bonds, and deposited with DTC. SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE SERIES 2007 BONDS, AS NOMINEE OF DTC, REFERENCES IN THIS OFFICIAL STATEMENT TO THE SERIES 2007 BONDHOLDERS OR REGISTERED OWNERS OF TIlE SERIES 2007 BONDS SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFIOAL OWNERS OF TIlE SERIES 2007 BONDS. THE DESCRIPTION WHICH FOLLOWS OF TIlE PROCEDURES AND RECORD KEEPING WITII RESPECT TO BENEFICIAL OWNERSHIP INTERESTS IN THE SERIES 2007 BONDS, PAYMENT OF INTEREST AND PRINCIPAL ON TIlE SERIES 2007 BONDS TO DIRECT PARTICIPANTS (AS HEREINAFTER DEFINED) OR BENEFICIAL OWNERS OF TIlE SERIES 2007 BONDS. CONFIRMATION AND TRANSFER OF BENEFICIAL OWNERSHIP INTERESTS IN THE SERIES 2007 BONDS, AND OTHER RELATED TRANSACTIONS BY AND BETWEEN DTC. TIlE DIRECT PARTICIPANTS AND BENEFICIAL OWNERS OF THE SERIES 2007 BONDS IS BASED SOLELY ON INFORMATION FURNISHED BY DTC. ACCORDINGLY, THE COUNTY NEITIlER MAKES NOR CAN MAKE ANY REPRESENTATIONS CONCERNING TIlESE MA TIERS. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a {4399/091OO106942.DOCv6} 3 Agenda Item No. 100 September 11, 2007 Page 84 of 140 member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC's participants (the "Direct Participants") deposit with DTe. DTe also facilitates the post-trade settlement among Direct Participants of securities transactions, in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S, and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust and Clearing Corporation ("DTCC"). DTCC, in turn is owned by a number of Direct Participants of DTC and Members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation, as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.s. and non-U.S. securities brokers, dealers, banks. trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants"). DTC has Standard and Poor's highest rating: AAA. The OTC rules applicable to DTC and its Direct and Indirect Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.or~. Purchases of Series 2007 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for such Series 2007 Bonds on OTC's records. The ownership interest of eo,:h actual purchaser of each Series 2007 Bond (the "Beneficial Owner") is in turn to be recorded on tne Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2007 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their beneficial interests in the Series 2007 Bonds, except in the event that use of the book-entry system for the Series 2007 Bonds is discontInued. To facilitate subsequent transfers, all Series 2007 Bonds deposited by Direct Participants with DTe are registered in the name of DTes partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of OTe. The deposit of Series 2007 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2007 Bonds. DTes records reflect only the identity of the Direct Participants to whose accounts such Series 2007 Bonds are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping an account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements made among them, subject to any statutory or regulatory requirements as may be in effect from lime to time. Redemption notices will be sent to DTe. If less than all of a maturity of the Series 2007 Bonds are being redeemed, DTC's practice is to determine by lot the amoWlt of the interest of each Direct Participant in such bonds, as the case may be, to be redeemed. 14399/09/00106942.DOCv61 4 . Agenda Item No. 100 September 11. 2007 Page 85 of 140 Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Series 2007 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the County as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2007 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 2007 Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the County or the Registrar on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Direct or Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or with securities held for the accounts of customers in bearer fonn or registered in "street name," and will be the responsibility of such Direct or Indirect Participants and not of DTC, the Registrar or the County, subject to any statutory and regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the County and/or the Paying Agent for the Series 2007 Bonds. Disbursement of such payments to Direct Participants is the responsibility of DTC, and disbursement of such payments to the Beneficial Owners is the responsibility of the Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Series 2007 Bonds at any time by giving reasonable notice to the County. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successOT securities depository). In that event, certificates will be printed and delivered. Interchangeability, Negotiability and Transfer So long as the Series 2007 Bonds are registered in the name of DTC or its nominee, the following paragraphs relating to transfer and exchange of Series 2007 Bonds do not apply to the Series 2007 Bonds. Series 2007 Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Series 2007 Bonds of the same maturity of any other authorized denominations. The Series 2007 Bonds issued under the Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in the Resolution and in the Series 2007 Bonds. So long as any of the Series 2007 Bonds shall remain Outstanding, the County shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Series 2007 Bonds. j4399109/001D6942.DOCv61 5 Agenda Item NO.1 00 September 11. 2007 Page 86 of 140 The transfer of any Series 2007 Bond shall be registered only upon the books of the County, at the office of the Registrar, under such reasonable regulations as the County may prescribe. by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the registration or transfer of any such Series 2007 Bond, the County shall issue, and cause to be authenticated, in the name of the transferee a new Series 2007 Bond or Series 2007 Bonds of the same aggregate principal amount and maturity as the surrendered Series 2007 Bond. The County, the Registrar and any Paying Agent or fiduciary of the County may deem and treat the Person in whose name any Outstanding Series 2007 Bond shall be registered upon the books of the County as the absolute owner of such Series 2007 Bond, whether such Series 2007 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal and interest on such Series 2007 Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 2007 Bond to the extent of the sum or sums so paid and neither the County nor the Registrar nor any Paying Agent nor other fiduciary of the County shall be affected by any notice to the contrary. The Paying Agent of any fully registered Series 2007 Bond shall effect payment of interest on such Series 2007 Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request of sucl1 Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Series 2007 Bonds or the transfer of Series 2007 Bonds shall be registered, the County will execute and the Registrar shall authenticate and deliver such Series 2007 Bonds in accordance with the provisions of the Resolution. Execution of Series 2007 Bonds by the Chair and Oerk for purposes of exchanging, replacing or registering the transfer of Series 2007 Bonds may occur at the time of the original delivery of the Series 2007 Bonds. All Series 2007 Bonds surrendered in any such exchanges or registration of transfer will be held by the Registrar for safekeeping until directed by the County to be cancelled by the Registrar. For every such exchange or registration of transfer, the County or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or registration of transfer. The County and the Registrar shall not be obligated to make any such exchange or transfer of the Series 2007 Bonds during the period commencing on the fifteenth day of the month immediately preceding an Interest Date on the Series 2007 Bonds and ending on such Interest Date, or in the case of any proposed redemption of the Series 2007 Bonds, then, for the Series 2007 Bonds subject to redemption during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. Bonds Mutilated, Destroyed, Stolen or Lost So long as the Series 2007 Bonds are registered in the name of DTC or its nominee, the following paragraphs relating to transfer and exchange of Series 2007 Bonds do not apply to the Series 2007 Bonds. In case any Series 2007 Bond shall become mutilated, or be destroyed, stolen or lost, the County may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Series 2007 Bond of like tenor as the Series 2007 Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Series 2007 Bond upon surrender and cancellation of such mutilated Series 2007 Bond or in lieu of and substitution for the Series 2007 Bond destroyed, stolen or lost, and upon the Holder furnishing the County and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County or the Registrar may 14399!09/00106942.DOCv61 6 Agenda Item No. 100 September 11. 2007 Page 87 of 140 prescribe and paying such expenses as the County and the Registrar may incur. All Series 2007 Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Series 2007 Bonds shall have matured or be about to mature, instead of issuing a substitute Series 2007 Bond. the County may pay the same or cause the Series 2007 Bond to be paid, upon being indemnified as aforesaid, and if such Series 2007 Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Series 2007 Bonds issued pursuant to the Resolution shall constitute original contractual obligations on the part of the County whether or not the lost, stolen or destroyed Series 2007 Bond be at any time found by anyone, and such duplicate Series 2007 Bond shall be entitled to equal and proportionate benefits and rights provided under the Resolution to the same extent as all other Series 2007 Bonds issued hereunder. Optional Redemption The Series 2007 Bonds maturing after january 1, 2017, are subject to redemption in whole or in part, at any time, on or after January I, 2017, in such order of maturities as may be determined by the County (less than all of a single maturity to be selected by lot), at a redemption price equal to 100% of the principal amount of the Series 2007 Bonds to be redeemed plus accrued interest to the date fixed for redemption. Mandatory Redemption The Series 2007 Bonds maturing on january 1, ~ are subject to mandatory sinking fund redemption, prior to maturity in part, by lot on january 1, ~ at a redemption price equal to the principal amount of such Series 2007 Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on january 1 in the following years and in the following Amortization Installments: Year Amortization Installments "Final Maturity Notice of Redemption So long as the Series 2007 Bonds are registered in DTC's book-entry SlJstem of registration, notice of redemption shall only be delivered In} the Registrar to Cede & Co., as nominee of DTC. The Series 2007 Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The County shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar), notify the Registrar of such redemption date and of the principal amount of Series 2007 Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Series 2007 Bonds of a single maturity, the particular Series 2007 Bonds or portions of Series 2007 Bonds to be redeemed shall be selected not more than 45 days prior to the redemption date by the Registrar from the Outstanding Series 2007 Bonds of the maturity or maturities designated by the County by such method as the Registrar shall deem fair and appropriate and whlch may provide for the 14399/09/OO106942.DOCv6} 7 Agenda Item NO.1 00 September 11, 2007 Page 88 of 140 selection for redemption of Series 2007 Bonds or portions of Series 2007 Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of the Outstanding Series 2007 Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the County and Paying Agent (if the Registrar is not the Paying Agent for such Series 2007 Bonds) in writing of the Series 2007 Bonds or portions of Series 2007 Bonds selected for redemption and, in the case of any Series 2007 Bond selected for partial redemption, the principal amount thereof to be redeemed. Notice of such redemption, which shall specify the Series 2007 Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the County, and (A) shall be filed with the Paying Agent of such Series 2007 Bonds, (B) shall be mailed first class, postage prepaid, at least 30 days prior to the redemption date to all Holders of Series 2007 Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of mailing of such notice, and (C) shall be mailed, certified mail, postage prepaid, at least 35 days prior to the redemption date to the registered securities depositories and two or more nationally recognized municipal bond information services. Failure to mail such notice to such depositories or services or the Holders of the Series 2007 Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Series 2007 Bonds as to which no such failure or defect has occurred. Notice of optional redemption of Series 2007 Bonds shall only be sent if the County determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Series 2007 Bonds called for redemption on the redemption date or the notice contains an express provision stating that the redemption is conditioned upon the County receiving sufficient funds on or prior to the redemption date. The County may provide that a notice of redemption may be contingent upon the occurrence of certain conditions and that if such conditions do not occur, the notice will be rescinded; provided notice of rescission shall be mailed in the manner described in the Resolution to all Series 2007 Bondholders as soon as practicable after the County has determined to rescind the redemption. SECURITY FOR THE BONDS General THE FAITH, CREDIT AND TAXING POWER OF THE COUNTY WILL BE AND ARE PLEDGED FOR THE FULL AND PROMPT PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE SERIES 2007 BONDS; PROVIDED, THAT SUCH PLEDGE IS A LIMITED OBLIGATION OF THE COUNTY WHICH SHALL NOT EXCEED FOUR (4) MILLS OF AD VALOREM TAXES LEVIED AND COLLECTED WITHIN THE FOREST LAKES MSTIJ. A DIRECT ANNUAL TAX NOT IN EXCESS OF FOUR (4) MILLS WILL BE LEVIED UPON ALL TAXABLE PROPERTY WITHIN THE FOREST LAKES MSTIJ TO MAKE SUCH PAYMENTS. NO HOLDER OR HOLDERS OF THE SERIES 2007 BONDS SHALL EVER HAVE THE RIGHT TO COMPEL THE FULL FArm, CREDIT AND TAXING POWER OF THE COUNTY IN AN AMOUNT GREATER THAN THE LIMITED AD VALOREM TAX OR WlTHIN ANY AREA OTHER THAN THE FOREST LAKES MSTIJ. PROVISION SHALL BE INCLUDED AND MADE IN THE COUNTY'S ANNUAL BUDGET AND TAX LEVY FOR THE LEVY OF THE LIMITED AD VALOREM TAX IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE SERIES 2007 BONDS. WHENEVER THE COUNTY SHALL, IN ANY FISCAL YEAR, HAVE IRREVOCABLY DEPOSITED IN THE SINKING FUND ANY MONEYS DERNED FROM SOURCES 14399/09/00106942.00Cv6} 8 r Agenda Item No. 100 September 11, 2007 Page 89 of 140 OTHER TIlAN THE AFOREMENTIONED LIMITED AD VALOREM TAX, THE LIMITED AD VALOREM TAX MAYBE CORRESPONDINGLY DIMINISHED; BUT ANY SUCH DIMINUTION MUST LEAVE AVAILABLE AN AMOUNT OF SUCH LIMITED AD VALOREM TAX, AFTER ALLOWANCE FOR ANTICIPATED DELINQUENCIES IN COLLECTION, FULLY SUFFICIENT, WITH SUCH MONEYS SO DEPOSITED FROM OTHER SOURCES, TO ASSURE THE PROMPT PAYMENT OF PRINCIPAL, INTEREST AND OTHER RELATED CHARGES FALLING DUE PRIOR TO THE TIME THAT THE PROCEEDS OF THE NEXT ANNUAL LIMITED AD VALOREM TAX LEVY WILL BE AVAILABLE. SUCH LIMITED AD VALOREM TAX SHALL BE LEVIED AND COLLECTED AT THE SAME TIME, AND IN THE SAME MANNER, AS OTHER AD VALOREM TAXES OF THE COUNTY ARE ASSESSED, LEVIED AND COLLECTED. THE LIMITED AD VALOREM TAX WILL BE LEVIED AND COLLECTED IN ACCORDANCE WITH ALL APPLICABLE LAW, BUT NOT LIMITED TO, THE REFERENDUM RESOLUTION. THE COUNTY HAS IRREVOCABLY PLEDGED SUCH LIMITED AD VALOREM TAX TO THE PAYMENT OF THE SERIES 2007 BONDS. "Limited Ad Valorem Tax" is defined in the Resolution to mean the ad valorem tax levied on all taxable property within the Forest Lakes MSTU in an amount not to exceed four (4) mills to pay the Annual Debt Service on the Bonds as approved by the qualified electors of the County voting in the November 7, 2006 bond referendum election. The Limited Ad Valorem Tax to be levied to pay debt service on the Bonds shall be levied and collected in each Fiscal Year of the County beginning with the 2007-2008 Fiscal Year through and including the 2021-2022 Fiscal Year while the Bonds are outstanding. For more information about the Limited Ad Valorem Tax. see "AD VALOREM TAXATION" herein. The issuance of the Series 2007 Bonds by the County has been approved at a referendum election held on November 7, 2006, in satisfaction of the requirements of Article VII, Section 12 of the Florida Constitution, the Act and other provisions of law. Funds and Accounts The Resolution establishes a Project Fund, a Sinking Fund and a Rebate Fund. The Project Fund, the Sinking Fund and the Rebate Fund shaII constitute trust funds for the purposes provided in the Resolution, shall be delivered to and held by the County who shall act as trustee of such funds for the purposes of the Resolution, and shall at all times be kept separate and distinct from all other funds of the County and used only as provided in the Resolution. The moneys required to be accounted for in each of the foregoing funds and accounts established in the Resolution may be deposited in a single, non-exc!usive bank account, and funds allocated to the various funds and accounts established in the Resolution may be invested in a common investment pool. provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as provided in the Resolution. The designation and establishment of the various funds and accounts in and by the Resolution will not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as provided in the Resolution. 14399/09/00106942.DOCv6} 9 Agenda Item No. 100 September 11. 2007 Page 90 of 140 Project Fund The County has covenanted and agreed in the Resolution to establish a Project Fund for the payment of the Costs of the Project. Moneys in the Project Fund, until applied to payment of any item of the Costs of the Project in the manner hereinafter provided, will be held in trust by the County and shall be subject to a lien and charge in favor of the Holders of the Series 2007 Bonds and for the further security of such Holders. The County covenanted that the acquisition and construction of the Project will be completed without delay. The County shall keep records of disbursements and payments from the Project Fund and shall retain all such records for such periods of time as is required by applicable law. Notwithstanding any other provisions of the Resolution, to the extent that other moneys are not available therefore, amounts in an account of the Project Fund will be applied to the payment of principal and interest on the Series 2007 Bonds or to reimburse the Insurer for the payment of such principal and interest. The date of completion of acquisition and construction of the Project shall be filed by the County Manager with the County. Promptly after the date of the completion of the 2007 Project, and after paying or making provisions for the payment of all unpaid items of the Costs of the 2007 Project, the County shall apply any balance of moneys remaining in the Project Fund for any lawful purpose; provided the County has received an opinion of Bond Counsel to the effect that such application shall not adversely affect the exclusion, if any, of interest on the Series 2007 Bonds from gross income for purposes of federal income taxation and such use is consistent with the provisions of the Referendum Resolution. See "APPENDIX B - FORM OF THE RESOLUTION" attached hereto. Application of Limited Ad Valorem Tax; Sinking Fund The Resolution orders a levy upon alt the property taxable for such purpose within the Forest Lakes MSTU the Limited Ad Valorem Tax in an amount sufficient, together with other legally available moneys, to pay the principal and interest on the Series 2007 Bonds, the charges of the Paying Agent and Registrar, and any other amounts that are properly due and owing with respect to the repayment of the Bonds; provided, however, that in no event shall the levy of the Limited Ad Valorem Tax be in excess of four (4) mills on all taxable property within the Forest Lakes MSTU. The Limited Ad Valorem Tax levied pursuant to the Resolution as collected shall be paid over for deposit into the Sinking Fund. Money in the Sinking Fund shall be used solely for the purpose of paying the Annual Debt Service on the Series 2007 Bonds coming due (whether by maturity or otherwise). Moneys in the Sinking Fund shall be disbursed for (i) the payment of the interest on the Series 2007 Bonds secured by the Resolution as such interest falls due, (il) the payment of the principal of the Series 2007 Bonds secured by the Resolution at their respective maturities or earlier redemption, (iii) the payment of the Amortization Installments coming due; (iv) the purchase of Series 2007 Bonds in the open marketi provided, however, the price paid shall not exceed the principal amonnt plus accrued interest, and (v) the payment of the necessary charges for paying Series 2007 Bonds and interest thereon. 14399/09/00106942.00Cv6} 10 T Agenda Item No. 100 September 11, 2007 Page 91 of 140 At least one business day prior to the date established for payment of any principal of or interest on the Bonds, the County shall withdraw from the Sinking Fund sufficient moneys to pay such principal or interest and deposit such moneys with the Paying Agent. Such deposits with the Paying Agent shall be made in moneys available to make payments of the principal of and interest on the Series 2007 Bonds as the same becomes due. No Debt Service Reserve Fund No debt service reserve fund is established by the Resolution, so no debt service reserve fund will be held for the benefit of the holelers of the Series 2007 Bonds. No Additional Indebtedness The County has agreed in the Resolution that it will issue no obligations payable from the Limited Ad Valorem Tax other than the Series 2007 Bonds. No additional Bonds shall be issued under the Resolution other than for refunding purposes that result in aggregate debt service savings, as described therein. No Impairment The pledging of the Limited Ad Valorem Tax in the manner provided in the Resolution shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution, agreement or other proceedings of the County. The County has agreed in the Resolution not to take any action with respect to the Forest Lakes MSTU, including but not limited to reducing its geographic boundaries, which would have a materially adverse effect on the Bonds. Amendment of Resolution without Consent of Bondholders The Resolution may be amended in certain circumstances without the consent of the Series 2007 Bondholders including, but not limited to (i) to correct any inconsistent provisions of the Resolution or to clarify any matters or questions arising under the Series 2007 Bonds, or (il) to make other changes with the consent of the Insurer so long as the Insurer is not in default under the terms of the Bond Insurance Policy. See "APPENDIX B. FORM OF THE RESOLUTION" attached hereto. AD VALOREM TAXATION General Under Florida law, the assessment of all properties and the collection of all county, municipal and property taxes are consolidated in the office of the County Properly Appraiser and County Tax Collector. The laws of the State of Florida regulating tax assessment are designed to assure a consistent property valuation method statewide. Article VII, Section 9(b) of the Florida Constitution limits the aggregate rate of ad valorem taxes that may be levied on real and personal property. The limitation, except as noted below, is ten (10) mills each for all county and municipal purposes. A mill is equal to one-tenth (0.1) of one cent of one dollar or $1.00 for every $1,000 of assessed value. Article VII, Section 9(b) of the Florida Constitution excludes 14399/09/00106942.DOCv6] 11 Agenda Item No.1 00 September 11, 2007 Page 92 of 140 from the general 10 mill cap, ad valorem taxes which are necessary to pay debt service on general obligation bonds or limited general obligation bonds, such as the Series 2007 Bonds. Each respective millage rate, except as limited by law, is set on the basis of estimates of revenue needs and total taxabte property valuations within the taxing authority's respective jurisdiction. Ad valorem taxes are not levied in excess of actual budget requirements. In setting millage rates, the County is required by Section 129.Dl, Florida Statutes to assume a 95% tax collection rate. In 1973, the State of Florida enacted legislation to encourage public awareness of spending and taxing decisions made by locat elected officials. This legislation provides that if the tax rate established by the governing board exceeds the rolled-back tax rate, the taxing authority shall publish notice of the proposed tax increase prior to the public hearing required to be held for the adoption of the final budget and millage rate. Under Section 200.065, Florida Statutes, a "rolled-back tax rate" is defined as the millage rate that would produce the same amount of ad valorem taxes in each current year as were levied in the prior year, exclusive of any increase in assessments resulting from new construction, additions to structures, deletions and property added due to geographic boundary changes. Article VIL Section 4 of the Florida Constitution provides, with certain exceptions: "By general law regulations shall be prescribed which shall secure a just valuation of all real property for ad valorem taxation," The factors considered in arriving at a just valuation, as set forth in Section 193.011, Florida Statutes, aTe summarized as follows: (1) the present cash value of the property; (2) the highest and best use to which the property can be expected to be put in the immediate future and the present use of the property; (3) the location of the property; (4) the quantity or size of the property; (5) the cost of the property and the present replacement value of any improvements to the property; (6) the condition of the property; (7) the income from the property; and (8) the net proceeds of the sale of the property after deduction of certain reasonable fees and costs of sale. Save Our Homes Amendment By voter referendum held on November 3,1992, Article VII, Section 4 of the Florida Constitution was amended by adding thereto a subsection which, in effect, limits the increases in assessed just value of homestead property to the lesser of (a) 3% of the assessment for the prior year or (b) the percentage change in the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics (the "Save Our Homes Amendment"). Further, the Save Our Homes Amendment provides that (1) no assessment shall exceed just value; (2) after any change of ownership of homestead property or upon termination of homestead status, such property shall be reassessed at just value as of January 1 of the year following the year of sale or change of status; (3) new homestead property shall be assessed at just value as of January 1 of the year following the establishment of the homestead; and (4) changes, additions, reductions or improvements to homestead shall initially be assessed as provided by general law, and thereafter as provided in the Save Our Homes Amendment. 14399/09/OO106942.DOCv6) 12 T Agenda Item No. 100 September 11, 2007 Page 93 of 140 The effective date of the Save Our Homes Amendment was January 15, 1993, and the base year for determining compliance with the restrictions is 1994. The 1995 tax roll year was the first year such limitations were effective. For the 2006 tax roll year, the increase in assessed just value of homestead property in the County which was not transferred was limited pursuant to the Save Our Homes Amendment to 3.0% of the assessment for the prior year. See, however, "--Property Tax Reform" herein for a description of a proposed constitutional amendment which, if passed, would impact the application of the Save Our Homes Amendment. Truth in Millage Bill The Florida Legislature enacted the Truth in Millage Bill (the '"Trim Bm") requiring that only governing bodies of taxing authorities fix the millage rate and requiring that all property be assessed at one hundred percent (100%) of just value. Sections 200.071 and 200.091, Florida Statutes, prohibit the millage for taxing authorities from being set by referendum, except as provided in the Florida Constitution. Property Assessment Procedures Real and personal property valuations are determined each year as of January 1 by the County Property Appraiser's Office. The assessment roll is prepared between each January 1 and July 1, with each taxpayer given notice of the proposed assessed value of his property. The property owner has the right to file an appeal with the County Property Appraisal Adjustment Board, which considers petitions relating to assessments and exemptions. The County Property Appraisal Adjustment Board certifies the assessment roll upon completion of the hearing of all appeals. Millage rates are then computed by the various taxing authorities and certified to the County Property Appraiser, who applies the millage rates to the assessment roll. This procedure creates the tax roll which is then annually turned over to the County Tax Collector on or about the first Monday in October. Levy of Ad Valorem Taxes A notice is mailed to each property owner on the tax roll for the taxes levied by counties, school boards, and other taxing authorities. All taxes are due and payable on November 1 of each year or as soon thereafter as the certified tax roll is received by the Tax Collector. Taxes may be paid upon receipt of such notice with discounts at the rate of 4% if paid in the month of November; 3% if paid in the month of December; 2% if paid in the month of January; and 1% if paid in the month of February. Taxes paid during the month of March are without discount. Taxes become delinquent on April 1 following the year in which they are assessed or 60 days after mailing of the original tax notice, whichever is later. If the delinquency date for ad valorem taxes is later than April 1 of the year following the year in which taxes are assessed, all dates or time periods specified in the Florida Statutes relative to the collection of, or administrative procedures regarding, delinquent taxes shall be extended a like number of days. Exemptions from the ad valorem tax include the first $25,000 of assessed value for a homestead; homestead property of totally and permanently disabled persons; improved real property on which a {4399/091OO106942.DOCv6} 13 Agenda Item No.1 00 September 11, 2007 Page 94 of 140 renewable energy source device is installed and operated, inventory, property used by not-for-profit hospitals, nursing homes and homes for special services; property used by certain not-for-profit homes for the aged, property used exclusively for educational purposes by educational institutions or other exempt organizations, including charter schools, for educational purposes; property owned by certain charitable, literary, religious or scientific organizations and used predominately for such purposes, property owned and used for educational purposes by labor organizations, property of certain community centers, certain property used for affordable housing; property owned and used by certain governmental units, property of certain not-for-profit sewer and water companies, and the first $500 of property of every widow, widower, blind person or disabled person. in addition, pursuant to Section 196.075, Florida Statutes. beginning with Fiscal Year 2001, an additional homestead exemption of $25,000 may be granted by a county or municipality relating to ad valorem taxes payable to either persons 65 or older, subject to certain income limitations. The County has adopted such an exemption. Property Tax Reform The Florida Legislature completed a special session on June 14, 2007. During this session the legislature passed legislation which may reduce ad valorem taxes that may be levied by local governments, other than school districts, in Fiscal Year 2007-08 to below the level of taxes levied in Fiscal Year 2006-07. The legislation limits the growth of ad valorem tax levies in future years (except those levied by school districts) to the growth in a jurisdiction's population as measured by new construction and the statewide growth in per capita personal income. However, local government governing bodies may increase ad valorem tax levies by extraordinary votes or by referenda. Any county or municipality that levies in excess of the amount permitted under the legistation will forfeit participation in the half- cent sales tax revenue sharing program for a twelve month period. Each county and municipality in the State is now required statutorily to reduce its operational property tax rate between 3% and 9%, depending on formulas proffered by the legislation, from Fiscal Year 2007 levels. The County falls under the 9% property tax rate reduction category. The County had to reduce gross General Fund ad valorem tax revenue by $35.5 million as a result of property tax reform. In order to balance the Fiscal Year 2008 Budget, the County took the following actions: instituted a General Fund hiring freeze, instituted new or increased fees in the library system and in emergency management, reduced funding of the Sheriff by $6.1 million, eliminated General Fund expanded position requests, reduced economic development incentives, and offset approximately $15 million in recurring road funding and storm water capital funding with one-time funding sources. The legislation also implements several constitutional amendments, contingent on the constitutional amendments being approved by voters of the State on January 29, 2008. Such proposed amendments include: (i) a new homestead exemption equal to 75% of the first $200,000 in value and 15% of the next $300,000 with a minimum homestead exemption of $50,000, except the minimum for low income seniors is $100,000; (ii) assessment methods for affordable housing real property; (ill) a "grandfather" clause that will allow persons with a homestead as of January I, 2008, whose benefits are larger under the current homestead exemption and "Save Our Homes" provisions than under the new homestead exemption to continue to receive the Save OUf Homes benefits; and (iv) a $25,000 property tax exemption for tangible personal property. {4399/09/00106942.DOCv6} 14 Agenda Item No.1 00 September 11. 2007 Page 95 of 140 Ad Valorem taxes levied for the payment of debt when authorized by a vote of the electors are not subject to millage limitations. The Limited Ad Valorem Tax securing the Series 2007 Bonds will not be affected by the legislation. It is impossible to predict whether certain of the amendments will be approved by voters and what effect, if any, such approval will have on the County's finances. Property Tax Rates The following tables show property tax rates for the County and for the Forest Lakes MSTU for the last ten Fiscal Years. COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS'" (Fiscal Years 1997-2006) (Unaudited) COLLIER COUNTY OTHER Special Debt Capital Fiscal General Revenue Service Projects School independent Year Fund Fund Funds Fund Total District Districts Total 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 2002 3.8797 0.6238 0.0257 0.0000 4.5292 7.1464 1.3813 13.0569 2003 3.8797 0.6182 0.0216 0.0000 4.5195 6.9192 1.3554 12.7941 2004 3.8795 0.8885 0.0000 0.0000 4.7680 6.5310 1.3562 12.6552 2005 3.8786 0.8831 0.0000 0.0000 4.7617 6.2223 1.3562 12.3402 2006 3.8785 1.0318 0.0000 0.0000 4.9103 5.9776 1.3423 12.2302 (1) Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2006. [Remainder of page intentionally left blank] 14399/09/00l06942.00Cv61 15 Agenda Item NO.1 00 September 11, 2007 Page 96 of 140 FOREST LAKES MSTU PROPERTY TAX RATES (lJ (Fiscal Years 1998-2007) (Unaudited) Fiscal Y ear 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 MilIa~e Rate 0.2457 1.0000 1.0000 1.0000 3.??oo 3.0000 3.0000 4.0000 4.0000 "' Basis for property tax rates is I mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source: Collier County Clerk of Circuit Court and Chief Financial Officer - Finance and Accounting Department [Remainder of page intentionally left blankl /4399109/00106942.DOCv6} 16 Assessed Valuations Agenda Item No. 100 September 11, 2007 Page 97 of 140 The following tables show the assessed valuations for the County and the Forest Lakes MSTU for the last ten Fiscal Years. Fiscal Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 COLLIER COUNTY, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY'" (in OOO's) (Unaudited) Assessed Value(2)(3) $20,953,662 22,552,225 24,594,905 27,947,279 31,584,941 37,740,846 44,405,703 51.515,175 57,191,152 68,331,829 Governmental and Institutional $1,634,173 1.720,842 1.885,947 2,081,540 2,296.674 2,722.756 3,182,241 3,692,424 3,981,157 4,857,287 Exemptions Homestead $1,217,637 1,280,311 1,341.129 1,413,081 1,510,735 1,576,896 1,674,703 1,763,094 1.857,519 1,920,248 Widow, Disability and Other $18,720 21,996 25,235 30,457 35,511 44,191 58,335 73,929 89,662 112,472 Taxable Assessed Valuation $18,063,132 19,529,076 21,342,594 24,422,201 27,742,021 33,395,002 39,490,423 45,985,726 51,262,814 61,441,822 III Property is assessed as of January I, and taxes based on these assessments are levied and become due on the following November 1. Therefore, assessments and levies applicable to a certain tax year are collected in the fiscal year ending during the next succeeding calendar year. Amounts shown in this table for any fiscal year may differ from amounts shown by the Collier County Property Appraiser for the same fiscal year. The amounts shown in this table relate to the fiscal year of collection. Amounts shown by the Collier County Property Appraiser relate to the fiscal year of assessment. (2) The basis of assessed vatue required by the state is 100 percent of actual value. For each fiscal year ending September 30th, property is valued as of the preceding January 1st. (3) See "AD VALOREM TAXATION - Save Our Homes Amendment" herein for a discussion of the impact of the Save Our Homes Amendment. Source: Property Appraiser's Recapitulation Report. (4399109/00106942.DOCv6) [Remainder of page intentionally left blankl 17 Agenda Item NO.1 00 September 11, 2007 Page 98 of 140 FOREST LAKES MSTU ASSESSED VALUE OF PROPERTY (1) (in OOO's) (Unaudited) Fiscal Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Taxable Assessed Valuation $90,806 93,670 96,949 100,639 106,795 115,935 131,068 146,511 170,366 212,432 111 Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source: Collier County Oerk of Circuit Court and Chief Financial Officer - Finance and Accounting Department. Tax Conection It is the County Tax Collector's duty on or before lune 1 of each year to advertise and sell tax certificates on real property delinquencies extending from the previous Aprill. The tax certificates must not be less than the amount of the taxes plus interest from April 1 to the date of sale, together with the cost of advertising and expense of sale. Delinquent real property taxes bear interest at the rate of 18% per year from Aprill until a certificate is sold at auction, at which time the interest rate is as bid by the buyer of the certificate. Delinquent taxes may be redeemed prior to saJe of the tax certificates upon payment of all costs, delinquent taxes, and interest. The minimum interest for delinquent taxes paid prior to the sale of a certificate is 3%. A tax certificate may be redeemed by paying the County Tax Coltector the face value of the certificate, interest, costs, charges and omitted taxes, if any, plus a redemption fee of $5. The redeemer must pay the interest rate due on the certificate or 5% of the face amount of the certificate, whichever amount is greater, unless the certificate was bid at no interest. Florida law provides a different method for the coltection of delinquent tangible personal property taxes, which includes the possible seizure and sale of the tangible personal property. {4399/fY'J/OOJ06942.DOCv6} 18 y Agenda Item No. 100 September 11, 2007 Page 99 of 140 Tax Deeds After two years from April 1 of the year of issuance of the tax certificate and before seven years of the date of issuance, a private holder of any unredeemed tax certificate may apply for a tax deed to the property. The County, for tax certificates that it has acquired, also has a two-year minimum wait for purchase of a tax deed, beginning April 1 of the year of issuance of the certificate. Such procedures are governed by State law applicable to all Florida counties. The request for a tax deed is referred to the Clerk of the Circuit Court of the County who will hold an auction after the proposed sale of the tax deed has been advertised for four consecutive weeks in a newspaper as prescribed by law. The following table shows tax levies and tax collections in the County and in the Forest Lakes MSW for the last ten Fiscal Years. COLLIER COUNTY, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS (Fiscal Years 1997-2006) (Unaudited) County Taxes Collected Commissioners Tax Discounts Plus Percent of Total Fiscat Tax Levy Collections Allowed Discounts Taxes Collected Plus Levy Cost Year Population ($OOO's) ($OOO's) ($OOO's) ($OOO's) Discounts to Tax Levy Per Person 1997 202,903 $88,547 $80,873 $2,871 $83,744 94.58% $399.27 1998 210,095 94,353 86,060 3,083 89,143 94.48 436.40 1999 219,685 97,419 88,636 3,191 91,827 94.26 449.10 2000 229,821 108,490 98,830 3,597 102,427 94.41 443.45 2001 251,377 122,929 111,976 4,086 116,062 94.41 472.06 2002 264,475 157,744 144,504 5,278 149,782 94.95 489.02 2003 284,918 185,633 169,794 6,229 176,023 94.82 651.53 2004 292,466 225,773 207,382 7,648 215,030 95.24 771.96 2005 306,186 251,772 231.697 8,690 240,387 95.48 822.28 2006 .326,658 307,068 283,059 10,461 293,520 95.59 940.03 Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2006 and the Tax Collector's Annual Report. [Remainder of page intentionally left blank] {4399/09/001()(j942.DOCv61 19 Agenda Item No.1 00 September 11, 2007 Page 100 of 140 FOREST LAKES MSTU PROPERTY TAX LEVIES AND COLLECTIONS'" (Fiscal Years 1997-2006) (Unaudited) Fiscal Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Ad Valorem Taxes Levied ($OOO's) Ad Valorem Taxes Collected ($OOO's) % Collected $22 $22 96.65% 97 101 107 348 393 440 681 93 97 ]03 335 379 424 656 95.78 96.50 96.47 96.29 96.49 96.43 96.24 (1) Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source: Collier County Clerk of CIrcuit Court and Chief Financial Officer - Finance and Accounting Department. [Remainder of page intentionally left blankl f4399109/00106942.DOCv6} 20 y Agenda Item No, 100 September 11, 2007 Page 101 of 140 ESTIMATED SOURCES AND USES OF FUNDS The table that follows summarizes the estimated sources and uses of funds to be derived from the sale of the Series 2007 Bonds: SOURCES: Principal Amount of Series 2007 Bonds $ TOTAL SOURCES $ USES: Deposit to Project Fund Costs of lssuance(l) $ TOTAL USES $ (1) Includes underwriting discount, financial advisory and legal fees and expenses, bond insurance premium and other miscellaneous costs of issuance. [Remainder of page intentionally left blank] t4399109/00106942.00Cv6} 21 Agenda Item No. 100 September 11, 2007 Page 102 of 140 DEBT SERVlCE SCHEDULE Bond Year Ended TanuaJ;yl 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 TOTALS Principal Interest Debt Service $ $ $ [Remainder of page intentionally ieft blankl /4399/09/00l06942.DOCv6} 22 r Agenda Item No. 100 September 11, 2007 Page 103 of 140 PRO FORMA DEBT SERVICE COVERAGE Maximum Annual Debt Service Req.uirement(l) $611,968.50 Limited Ad Valorem Tax Collections(2) $655,858.87 Fiscal Year 2006 Pro-Forma Debt Service Covera~e 1.07x (1) The estimated debt service on the Series 2007 Bonds is based on an estimated true interest cost of 4.68%, a principal amount of $6.250,000, and a final maturity of January 1, 2022. (2) Unaudited figure provided by Collier County Finance Department. For 2006 tax roll year, at 95% of collections within Forest Lake MSTU, the full 4 mills would have generated $ 655,858.87. BOND INSURANCE General The following information under this heading has been furnished by MBlA Insurance Corporation (the "Insurer") for use in this Official Statement. Reference is made to "APPENDIX D - SPECIMEN BOND INSURANCE POLICY" attached hereto for a specimen of the Insurer's bond insurance policy. Bond Insurance Policy The Insurer does not accept any responsibility for the accuracy or completeness of this Official Statement or any information or disclosure contained herein, or omitted herefrom, other than with respect to the accuracy of the information regarding the Bond Insurance Policy and the Insurer set forth under the heading "BOND INSURANCE - MBlA Insurance Corporation." Additionally, the Insurer makes no representation regarding the Series 2007 Bonds or the advisability of investing in the Series 2007 Bonds. The Insurer's Bond Insurance Policy unconditionally and irrevocably guarantees the full and complete payment required to be made by or on behalf of the County to the Paying Agent or its successor of an amount equal to (i) the principal of (either at the stated maturity or by an advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Series 2007 Bonds as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption Of acceleration resulting from default or otherwise. other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed by the Insurer's Bond Insurance Policy shall be made in such amoilllts and at such times as such payments of principal would have been due had there not been any such acceleration, unless the Insurer elects in its sole discretion, to pay in whole or in part any principal due by reason of such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner of the Series 2007 Bonds pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law (a "Preference"). {4399!09/00l06942. DOCv61 23 Agenda Item No. 100 September 11, 2007 Page 104 of 140 The Insurer's Bond Insurance Policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Series 2007 Bonds. The Insurer's Bond Insurance Policy does not, under any circumstance, insure against loss relating to: (i) optional or mandatory redemptions (other than mandatory sinking fund redemptions); (il) any payments to be made on an accelerated basis; (iii) payments of the purchase price of the Series 2007 Bonds upon tender by an owner thereof; or (iv) any Preference retating to (i) through (ill) above. The Insurer's Bond Insurance Policy also does not insure against nonpayment of principal of or interest on the Series 2007 Bonds resulting from the insolvency, negligence or any other act or omission of the Paying Agent or any other paying agent for the Series 2007 Bonds, Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of a Series 2007 Bond the payment of an insured amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with U.s. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment of any such insured amounts which are then due. Upon presentment and surrender of such Series 2007 Bonds or presentment of such other proof of ownership of the Series 2007 Bonds, together with any appropriate instruments of assignment to evidence the assignment of the insured amounts due on the Series 2007 Bonds as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Series 2007 Bonds in any legal proceeding related to payment of insured amounts on the Series 2007 Bonds, such instruments being in a form satisfactory to U.s. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners or the Paying Agent payment of the insured amounts due on such Series 2007 Bonds, less any amount held by the Paying Agent for the payment of such insured amounts and legally available therefor. MBIA Insurance Corporation The Insurer is the principal operating subsidiary of MBIA Inc., a New York Stock Exchange listed company (the "Company"), The Company is not obligated to pay the debts of or claims against the Insurer. The Insurer is domiciled in the State of New York and licensed to do business in and subject to regulation under the laws of all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States and the Territory of Guam. The Insurer, either directly or through subsidiaries, is licensed to do business in the Republic of France, the United Kingdom and the Kingdom of Spain and is subject to regulation under the laws of those jurisdictions. In February 2007, MBLA Corp. incorporated a new subsidiary, MBIA Mexico, S.A. de C.V. ('"MBIA Mexico"), through which it intends to write financial guarantee insurance in Mexico beginning in 2007. The principal executive offices of the Insurer are located at 113 King Street, Armonk, New York 10504 and the main telephone number at that address is (914) 273-4545. Regulation As a financial guaranty insurance company licensed to do business in the State of New York, the Insurer is subject to the New York Insurance Law which, among other things, prescribes minimum capital requirements and contingency reserves against liabilities for the Insurer, limits the classes and {4399j09/00106942.DOCv6} 24 . Agenda Item No. 100 September 11, 2007 Page 105 of 140 concentrations of investments that are made by the Insurer and requires the approval of policy rates and forms that are employed by the Insurer. State law also regulates the amount of both the aggregate and individual risks that may be insured by the Insurer, the payment of dividends by the Insurer, changes in control with respect to the Insurer and transactions among the Insurer and its affiliates. The Bond Insurance Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. Financial Strength Ratings Moody's Investors Service, Inc. rates the financial strength of the Insurer "Aaa."' Standard & Poor's, a division of The McGraw-Hill Companies, Inc., rates the financial strength of the Insurer "AAA."' Fitch Ratings rates the financial strength of the Insurer "AAA." Each rating of the Insurer should be evaluated independently. The ratings reflect the respective rating agency's current assessment of the creditworthiness of the Insurer and its ability to pay claims on its policies of insurance. Any further explanation as to the significance of the above ratings may be obtained only from the applicable rating agency. See "RATINGS" herein for a description of the ratings which apply to the Series 2007 Bonds. The above ratings are not recommendations to buy, sell or hold the Series 2007 Bonds, and such ratings may be subject to revision or withdrawal at any time by the rating agencies. Any downward revision or withdrawal of any of the above ratings may have an adverse effect on the market price of the Series 2007 Bonds. The Insurer does not guaranty the market price of the Series 2007 Bonds nor does it guaranty that the ratings on the Series 2007 Bonds will not be revised or withdrawn. Financial Information As of December 31, 2006, the Insurer had admitted assets of $10.9 billion (audited), total liabilities of $6.9 billion (audited), and total capital and surplus of $4.0 billion (audited) determined in accordance with stahltory accounting practices prescribed or permitted by insurance regulatory authorities. As of June 30, 2007, the Insurer had admitted assets of $10.8 billion (unaudited), total liabilities of $6.8 billion (unaudited), and total capital and surplus of $4.0 billion (unaudited) determined in accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities. For further information concerning the Insurer, see the consolidated financial statements of the Insurer and its subsidiaries as of December 31, 2006 and December 31, 2005 and for each of the three years in the period ended December 31,2006, prepared in accordance with generally accepted accounting principles, included in the Annual Report on Form 1O-K of the Company for the year ended December 31, 2006 and the consolidated financial statements of the Insurer and its subsidiaries as of June 30, 2007 and for the six month periods ended June 30, 2007 and June 30, 2006 included in the Quarterly Report on Form 1O-Q of the Company for the quarter ended June 30, 2007, which are hereby incorporated by reference into this Official Statement and shall be deemed to be a part hereof. {4399/09/00106942.DOCv6{ 25 Agenda Item No. 100 September 11, 2007 Page 106 of 140 Copies of the statutory financial statements med by the Insurer with the State of New York Insurance Department are availabte over the Internet at the Company's web site at http://www.mbia.com and at no cost, upon request to the Insurer at its principal executive offices. Incorporation of Certain Documents by Reference The following documents filed by the Company with the Securities and Exchange Commission (the "SEC") are incorporated by reference into Utis Official Statement: (1) The Company's Annual Report on Form 10-K for the year ended December 31, 2006; and (2) The Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2007. Any documents, including any financial statements of the Insurer and its subsidiaries that are included therein or attached as exhibits thereto, filed by the Company pursuant to Sections 13(a), 13(c), 14 or 15(d) of the Exchange Act after the date of the Company's most recent Quarterly Report on Form lO-Q or Annual Report on Form 1O-K, and prior to the termination of the offering of the Series 2007 Bonds offered hereby shall be deemed to be incorporated by reference in Utis Official Statement and to be a part hereof from the respective dates of filing such documents. Any statement contained in a document incorporated or deemed to be incorporated by reference herein, or contained in this Official Statement, shall be deemed to be modified or superseded for purposes of Utis Offidal Statement to the extent that a statement contained. herein or in any other subsequently filed document which also is or is deemed to be incorporated by reference herein modifies or supersedes such statement. Any such statement so modified or superseded shall not be deemed, except as so modified or superseded, to constitute a part of Utis Officiat Statement. The Company files annual, quarterly and spedal reports, information statements and other information with the SEC under File No. 1-9583. Copies of the Company's SEC filings (including (1) the Company's Annual Report on Form 10-K for the year ended December 31, 2006, and (2) the Company's Quarterly Reports on Form 10-Q for the quarters ended March 31, 2007 and June 30, 2007) are available (i) over the Internet at the SECs web site at http://www.sec.gov; (ii) at the SECs public reference room in Washington D.C.; (ill) over the Internet at the Company's web site at http://www.mbia.com; and (iv) at no cost, upon request to the Insurer at its principal executive offices. The insurance provided by the Bond Insurance Policy is not covered by the Florida Insurance Guaranty Association created under Chapter 631, Florida Statutes. THE INFORMATION RELATING TO INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE COUNTY AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HAS NOT BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. THE COUNTY HAS NOT MADE ANY INVESTIGATION INTO THE FINANCIAL CONDmON OF INSURER, AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE BOND INSURANCE POLICY. 14399/09/OO106942.DOCv6} 26 Agenda Item No. 100 September 11, 2007 Page 107 of 140 INVESTMENT POLlCY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments (as defined in the Resolution). The investment of surplus funds is currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Ftorida 5tatutes. Pursuant to Resolution No. 95-552, the Oerk of the Circuit Court (the "Clerk") has established a written investment policy for such ,urplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the County's investment portfolio. Permitted investments pursuant to such investment policy include the following: 1. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA")); 2. US Government Securities - Direct Obligations; 3. US Federal Agencies - Backed by Full Faith and Credit of US Government; 4. US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; 5. Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; 6. Repurchase Agreements; 7. Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; 8. Domestic Bankers Acceptances - Rated "AA" or higher. and inventory based; 9. Prime Commercial Paper - Rated "A-1" and "P-1;" 10. Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments; 11. Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); 12. Variable Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and 13. Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of seven (7) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: 1. Interest only strips of mortgaged backed securities; 2. Leveraged bonds; 3. Structured notes or financings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); 4. Variable rate securities that set a rate based on an inverse relationship to an index; and 5. Variable rate debt that sets a rate based on more than a single index. {4399109/00106942.00Cv61 27 Agenda Item No.1 00 September 11. 2007 Page 108 of 140 The objective of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements (I.e., match assets to liabilities) to the extent possible. Investment of funds shall have final maturities of not more than five (5) years, except for: 1. SBA - no stated final maturity; 2. Certificates of Deposit - 1 Year; 3. Repurchase Agreements - 90 Days; 4. Bankers Acceptances - 180 Days; 5. Prime Commercial Paper - 180 Days; 6. Fixed Income Mutual Funds - no stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of 1 year; 7. Mortgage Securities - average life of 7 years or less and have an absolute final maturity of no more than 15 years at zero PSA; and 8. US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding of a County bond issue can have a final maturity of more than 5 years. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. LEGAL MATTERS Certain legal matters incident to the validity of the Series 2007 Bonds are subject to the approval of Nabors. Giblin & Nickerson, P.A., Bond Counsel, Tampa, Florida whose approving opinion in substantially the form attached hereto as "APPENDIX E -FORM OF BOND COUNSEL OPINION" will be furnished without charge to the purchasers of the Series 2007 Bonds at the time of their delivery. The actual legal opinion to be delivered may vary from that text if necessary to reflect facts and law on the date of delivery. The opinion will speak only as of its date, and subsequent distribution of it by recirculation of the Official Statement or othenvise shall create no implication that subsequent to the date of the opinion Bond Counsel has reviewed or expresses any opinion concerning any of the matters referenced in the opinion. Nabors, Giblin & Nickerson, P.A. has not undertaken independently to verify and therefore expresses no opinion as to the accuracy, completeness, fairness, or sufficiency of any of the information or statements contained in this Official Statement or any exhibits, schedules or attachments hereto except as to the accuracy of the information under the headings captioned "DESCRIPTION OF THE SERIES 2007 BONDS" (except for the information under the heading "Book-Entry Only System") and "SECURITY FOR THE BONDS" to the extent such information purports to summarize certain provisions of the Resolution and except as to the accuracy of the information under the caption "TAX MAnERS" herein. Certain legal matters will be passed upon by David C. Weigel, Esq., County Attorney. and by Bryant Miller Olive P.A., Tampa, Florida, Disclosure Counsel. {4399/O9/00106942. DOCv6J 28 7 Agenda Item No. 100 September 11, 2007 Page 109 of 140 LITIGATION There is no pending or, to the knowledge of the County, any threatened litigation against the County of any nature whatsoever which in any way questions or affects the validity of the Series 2007 Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the adoption of the Resolution, or the pledge of the Limited Ad Valorem Taxes. Neither the creation, organization or existence, nor the title of the present members of the Board, or other officers of the County is being contested. The Board has been named as a defendant in a lawsuit originally filed on January 10, 2003, in the Circuit Court for the Twentieth Circuit, Collier County. The case is styled Century Development of Collier County, Inc., et aI. v. Jeb Bush, et a!., Case No. 03-0117-CA. The suit, which also names the individual members of the State of Florida Administration Commission as defendants, has been brought by Century Development of Collier County, Inc., Joseph DeFrancesco, Ricardo A. Haylock and Mildred Haylock, Francis D. Hussey, Mary Pat Hussey, and Anne Kornfeld, as class representatives for approximately 400 to 500 persons owning property in that area of the County known as North Belle Meade. The plaintiffs seek monetary relief from the Board for the purported inverse condemnation of property in North Belle Meade that allegedly results from the Board's enactment of an ordinance and comprehensive plan amendments. The plaintiffs contend that the ordinance and comprehensive plan amendments imposed a moratorium on the North Belle Meade properties, the effect of which was a temporary deprivation of all or substantially all beneficial use of such properties, including but not limited to certain mining rights. The plaintiffs did not identify in the Complaint the amount of damages being sought. On February 24, 2004, both the County and the Administration Commission filed motions to dismiss. The lawsuit was subsequently dismissed for lack of prosecution and then was re-filed by the plaintiffs on September 8, 2004, as Case No. 03-0117-CA. On November 19, 2004, the County served a motion to dismiss the re-filed complaint. On or about March24, 2006, Case No. 04-4341-CA was also dismissed for lack of prosecution. Thus, it now appears this litigation is concluded with no risk of liability. Regardless, in light of the fact that the Holders of the Series 2007 Bonds have a first lien upon the Limited Ad Valorem Taxes of the County, whether or not the plaintiffs are successful, any potential liability is not expected to affect the County's ability to pay the principal and interest on the Series 2007 Bonds. For more information about the Limited Ad Valorem Tax, see "SECURITY FOR THE BONDS" and "AD V ALOREM TAXATION herein. The County Manager received approximately 558 purported claims under the Bert J. Harris, Jr. Private Property Protection Act, Chapter 70, Florida Statutes, on or about July 21. 2004. These purported claims, which may be filed, which in the aggregate allege over $220 million in damages, potentially relate ta the issues in the Century Development lawsuit as well as potential additional issues concerning land use regulations imposed in approximately the same geographic area pursuant to state law. At this preliminary stage, the County is reviewing these purported claims but is unable to predict whether the claims will lead to suits and whether, in such an event, any of the claims might be successful or the potential extent of the County's ultimate liability. However, in light of the fact that the Holders of the Series 2007 Bonds have a first lien upon the Limited Ad Valorem Taxes of the County, whether or not claimants are successful in any suits which may be filed, any potential liability is not expected to affect the County's ability to pay the principal and interest on the Series 2007 Bonds. For more information about the Limited Ad Valorem Taxes, see "SECURITY FOR THE BONDS" and "AD VALOREM TAXATION" herein. 14399/09/00106942.DOCv6j 29 Agenda Item No. 100 September 11. 2007 Page 110 of 140 On May I. 2006, Lodge Abbott Associates, LLC ("Lodge Abbott") served a purported Notice of Oaim to Collier County asserting alleged claims including claims under the Florida Constitution and the Bert J. Harris Private Property Protection Act, Chapter 70, Florida Statutes. These alleged claims purportedly arise out of the County's denial of a requested amendment to the Bald Eagle Management Plan of a Planned Unit Development ("PUD") known as the Cocahatchee Bay PUD. Lodge Abbott alleges it will suffer a loss in vatue to its property and related Josses in excess of $239 million. No lawsuit has been commenced and the principal purported claim is still subject to certain attempted settlement procedure required by the Bert Harris Act in Section 70.001(4)(c). At this very preliminary stage, the County is reviewing these purported claims but is unable to determine whether any of these claims might be successful if any lawsuit is ever filed. Nor is the County able at this very early juncture to predict the extent of the County's potential liability, if any. However, in light of the fact that the Holders of the Series 2007 Bonds have a first lien upon the Limited Ad Valorem Taxes, whether or not Lodge Abbott is successful in any future litigation, any possible liability is not expected to affect the County's ability to pay the principal and interest on the Series 2007 Bonds. For more information about the Limited Ad Valorem Taxes, see "SECURITY FOR THE BONDS" herein. The County experience other claims, litigation, and various legal proceedings which individually are not expected to have a material adverse effect on the operations or financial condition of the County, but may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however, except as noted above with respect to the County, the County will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the financial condition of the County. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of aU defaults as to principal or interest on its obligations since December 31, 1975, as provided by mle of the Florida Department of Financial Services (the "Department"). Pursuant to Rule 3E-400.003, Florida Administrative Code, the Department has required the disclosure of the amounts and types of defaults, any legal proceedings resulting from such defaults, whether a tmstee or receiver has been appointed over the assets of the County, and certain additional finandal information, unless the County believes in good faith that such information would not be considered material by a reasonable investor. The County is not and has not been in default on any bond issued since December 31, 1975 which would be considered material by a reasonable investor. TAX MATTERS Opinion of Bond Counsel In the opinion of Bond Counsel, the form of which is included as "APPENDIX E - FORM OF BOND COUNSEL OPINION" attached hereto, the interest on the Series 2007 Bonds is excludable from gross income for federal income tax purposes and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2007 Bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations pursuant to the Internal {4399/D9!OOl06942.DOCv6} 30 .. Agenda Item NO.1 00 September 11. 2007 Page 111 of 140 Revenue Code of 1986, as amended (the "Code"). Failure by the County to comply subsequently to the issuance of the Series 2007 Bonds with certain requirements of the Code, regarding the use, expenditure and investment of Series 2007 Bonds proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the Series 2007 Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issuance. The County has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2007 Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2007 Bonds, including, among other things, restrictions relating to the use or investment of the proceeds of the Series 2007 Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2007 Bonds to the Treasury of the United States. Noncompliance with such provisions may result in interest on the Series 2007 Bonds being included in gross income for federal income tax purposes retroactive to their date of issuance. CoIlateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2007 Bonds. Prospective purchasers of Series 2007 Bonds should be aware that the ownership of Series 2007 Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2007 Bonds may result in coJlaterat tax consequences to various types of corporations relating to (I) denial of interest deduction to purchase or carry such Series 2007 Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 2007 Bonds in passive income for certain Subchapter 5 corporations. in addition, tile interest on the Series 2007 Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2007 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES REFERRED TO ABOVE. PROSPECTIVE SERIES 2007 BONDHOLDERS SHOULD CONSULT WlTIJ. THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Other Tax Matters Interest on the Series 2007 Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the Series 2007 Bonds should consult their own tax ad visors as to the income tax status of interest on the Series 2007 Bonds in their particular state or local jurisdiction. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 2007 Bonds. In some cases, these proposals have contained provisions that altered these consequences on a retroactive basis. Such alterations of federal tax consequences may have affected 14399/09/00106942.o0Cv6} 31 Agenda Item No. 100 September 11. 2007 Page 112 of 140 the market value of obligations similar to the Series 2007 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 2007 Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 2007 Bonds. Tax Treatment of Original Issue Discount Bond Counsel is further of the opinion that the difference between the principal amount of the Series 2007 Bonds maturing on January I in the years _ through ~ inclusive (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Discount Bonds of the same maturity was sold constitutes original issue discount which is excludable from gross income for federal income tax purposes to the same extent as interest on the Series 2007 Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax-exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds. Tax Treatment of Bond Premium The difference between the principal amount of the Series 2007 Bonds maturing on January 1 in the years _ through ~ inclusive (coilectivety, the "Premium Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Premium Bonds of the same maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for Federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond which term ends on the earlier of the maturity or optional call date for such Premium Bond which results in the lowest yieid on such Bond to the purchaser thereof. For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Premium Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds. RATINGS Moody's Investors Service, Inc. ("Moody's"), Standard & Poor's Ratings Group ("S&P") and Fitch Ratings ("Fitch") are expected to assign ratings of "Aaa:' "AAA" and "AAA." respectively, to the Series 2007 Bonds with the understanding that upon delivery of the Series 2007 Bonds, the Bond Insurance 14399/09/00106942.DOCv61 32 ~ Agenda Item No. 100 September 11. 2007 Page 113 of 140 Policy will be issued by the Insurer. The ratings reflect only the views of said rating agencies and an explanation of the ratings may be obtained only from said rating agencies. There is no assurance that such ratings will continue for any given period of time or that they will not be lowered or withdrawn entirely by the rating agencies, or any of them, if in their judgment, circumstances so warrant. A downward change in or withdrawal of any of such ratings may have an adverse effect on the market price of the Series 2007 Bonds. An explanation of the significance of the ratings can be received from the rating agencies, at the following addresses: Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007-2796, Standard & Poor's Ratings Services, 55 Water Street, New York, New York 10041 and Fitch Ratings, One State Street Plaza, New York, New York 10004. FINANCIAL ADVISOR The County has retained Public Financial Management, Inc., Fort Myers, Florida, as Financial Advisor in connection with the County's financing plans and with respect to the authorization and issuance of the Series 2007 Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of the information contained in the Official Statement. The Financial Advisor did not participate in the underwriting of the Series 2007 Bonds. The Financial Advisor may receive a fee for bidding investments of certain proceeds of the Series 2007 Bonds. AUDITED FINANCIAL STATEMENTS The general purpose financial statements of the County as of September 30. 2006 and for the year then ended, attached hereto as "APPENDIX C - AUDITED FINANCIAL STATEMENTS OF COLLIER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006;" have been audited by KPMG LLP, independent auditors, as stated in their report appearing therein. Such statements, including the report of KPMG LLP, have been included in this Official Statement as public documents and the consent of KPMG LLP to include such documents herein was not requested. The Series 2007 Bonds are payable solely from the Limited Ad Valorem Tax and certain other funds and accounts as described in the Resolution and the Series 2007 Bonds are not otherwise secured by, or payable from, the general revenues of the County. See "SECURITY FOR THE BONDS" herein. The general purpose financial statements are presented for general information purposes only. UNDERWRITING The Series 2007 Bonds are being purchased by (the "Underwriter") at an aggregate purchase price of $ (which includes net original issue discount of $ and Underwriter's discount of $ ). The Underwriter's obligations are subject to certain conditions precedent described in the Official Notice of Sale which was prepared by the County, and they will be obligated to purchase all of the Series 2007 Bonds if any Series 2007 Bonds are purchased. The Series 2007 Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2007 Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to lime, by the Underwriter. {4399109/00106942.DOCv61 33 Agenda item NO.1 00 September 11, 2007 Page 114 of 140 CONTINGENT FEES The County has retained Bond Counsel, the Financial Advisor and Disclosure Counsel with respect to the authorization, sale, execution and delivery of the Series 2007 Bonds. Payment of the fees of such professionals and an underwriting discount to the Underwriter are each contingent upon the issuance of the Series 2007 Bonds. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 2007 Bonds upon an event of default under the Resolution and the Bond Insurance Policy are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically the federal bankruptcy code, the remedies specified by the Resolution, the Series 2007 Bonds and the Bond Insurance Policy may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2007 Bonds, including Bond Counsel's approving opinion, wilt be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other simitar laws affecting the rights of creditors enacted before of after such delivery. See "APPENDIX B _ FORM OF THE RESOLUTION" attached hereto for a description of events of default and remedies. CONTINUING DISCLOSURE The County has covenanted for the benefit of the Series 2007 Bondholders to provide certain financial information and operating data relating to the County and the Series 2007 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. The County has agreed to file annual financial information and operating data and its audited financial statements with each nationally recognized municipal securities information repository then approved by the Securities and Exchange Commission (the "NRMSIRs"), as well as any state information depository that is established in the State (the "SID"). Currently, there are no such SIDs. The County has agreed to file notices of certain enumerated material events, when and if they occur, with the NRMSIRs or the Municipal Securities Rulemaking Board, and with the SIDs, if any. In lieu of filing annual financial information and operating data, audited financial statements and notices of certain material events with the NR..\1SIRs and the SID, if any, the County is permitted to file such information with a central post office designated by the Securities and Exchange Commission as a location that satisfies the Rule (as defined below) (such location a "CPO"). Filings to the Municipal Securities Rulemaking Board (the "MSRB") are not permitted to be made to a CPO in lieu of filing with the MSRB. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure obligation, and other details of the undertaking are described in "APPENDIX F _ FORM OF CONTINUING DISCLOSURE CERTlF1CA TE" attached hereto. The Continuing Disclosure Certificate shall be executed by the County prior to the issuance of the Series 2007 Bonds. These covenants have been made in order to assist the Underwriter in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). {4399/09/00106942.DOCv61 34 T Agenda Item No. 100 September 11, 2007 Page 115 of 140 With respect to the Series 2007 Bonds, no party other than the County is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule. The County has never failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT The references, excerpts, and summaries of all documents, statutes, and information concerning the County and certain reports and statistical data referred to herein do not purport to be complete, comprehensive and definitive and each such summary and reference is qualified in its entirety by reference to each such document for full and complete statements of all matters of fact relating to the Series 2007 Bonds, the security for the payment of the Series 2007 Bonds and the rights and obligations of the owners thereof and to each such statute, report or instrument. Copies of such documents may be obtained from either the office of the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building F, Naples, Florida 34112, telephone: (239) 774-8383 or the County's Financial Advisor, Public Financial Management, Inc., 133S0 Metro Parkway, Suite 302, Fort Myers, Florida 33912, telephone (239) 939-3009. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the Series 2007 Bonds. The appendices attached hereto are integral parts of this Official Statement and must be read in their entirety together with all foregoing statements, [Remainder of page intentionally left blank] {4399/09/00106942.DOCv61 35 Agenda Item No. 100 September 11, 2007 Page 116 of 140 AUTHORIZATION OF OFFICIAL STATEMENT The execution and delivery of this Official Statement has been duly authorized and approved by the County. At the time of delivery of the Series 2007 Bonds, the County will furnish a certificate to the effect that nothing has come to their attention which would lead it to believe that the Official Statement (other than information herein related to the Insurer, the Bond Insurance Policy, DTC, the book-entry only system of registration and the information contained under the caption "TAX MA TIERS," as to which no opinion shall be expressed), as of its date and as of the date of delivery of the Series 2007 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chair, Board of County Commissioners Collier County, Florida {4399/09fOOI06942.DOCv6} 36 y Agenda Item NO.1 00 September 11, 2007 Page 117 of 140 APPENDIX A GENERAL INFORMATION REGARDING COLLIER COUNTY, FLORIDA The following information concerning CoJlier County, Florida (the "County") has been supplied by the County and is included only for purposes of supplying general information regarding the County. The Series 2007 Bonds are secured by the Limited Ad Valorem Tax as described in the Official Statement. General Information The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2.026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coas! of the Florida peninsula directly west of the Miami-Fort Lauderdale area. The County has a 2006 population of 326,658. Principal industries within the County include wholesale and retail trade. tourism, agriculture, forestry, fishing, cattle ranching and constrnction. The 2000 U.s. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. An of the County Commissioners are residents of the County. The current members of the Board and their expiration of terms of office are: Commissioner Office Term E:x;.pires James N. Coletta, Jr. Thomas K. Henning Fred W. Coyle Frank Halas Donna L. Fiata Chair Vice-Chair Commissioner Commissioner Commissioner November, 2010 November, 2010 November, 2008 November, 2008 November, 2008 County Manager The chief administrative official of the County is the County Manager. This official is directly responsible to the Board for administration and operation of four administrative divisions under the Board and for execution of all Board policies. The County Manager directs the administrative divisions for Community Development and Environmental Services, Public Services, Public Utilities, and Administrative Services and Transportation Services. The Connty Manager is also responsible to the Board for the preparation of budgets and for the controt of expenditures of departments under his supervision throughout the budget year. Budget Process The Budget Director, as the County's Budget Officer, begins the budget process each February for the ensuing fiscal year (October 1 to September 30) with the distribution of budget request forms and instructions to departments and division heads. County division heads and elected officers submit their 14399/09/00l06942.DOCv61 A-I Agenda Item No. 100 September 11, 2007 Page 118 of 140 proposed expenditures beginning in April for compilation by the Budget Officer no later than July 1 of each year and each submission is matched against available revenues. A balanced, proposed budget is presented to the Board for review within 15 days of receipt of an assessed value certification from the County's Properly Appraiser which is due by July 1. A tentative budget is thereupon adopted within 15 days. Subsequent to public hearings, a final budget is adopted. The final budget for the fiscal year ended September 30, 2007 was adopted by the Board on September 21, 2006. Final millage rates are adopted, usually by late September, and the County's Tax Collector prepares tax bills for mailing on or after November 1. Upon valid adoption, all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of Chapter 129, Florida Statutes, as amended, and such chapter provides that expenditures in excess of total fund budgets are unlawful. Annual Audit Florida law requires that an annual post audit of each county's accounts and records be completed within six months of the end of each fiscal year by a firm of independent certified public accountants retained and paid for by the County. The County retained the firm of KPMG LLP to undertake the audit of its financial statements for the fiscal year ended September 30, 2006, which are included as "APPENDIX C - Audited Financial Statements of Collier County for Fiscal Year Ended September 30, 2006" attached to this Official Statement. Population The County has experienced rapid population growth in recent decades. The following table presents historical and projected population growth for the County, the State, and the United States for the period of 1960 to 2020: POPULATION TRENDS Popuiation Population United Population County Percentage State Percentage States Percentage Poputation Increase Population Increase Population Increase t960 15,753 4,951,560 179,323,175 1970 38,040 141.5% 6,791,418 37.1% 203,302,031 13.4% 1980 85,971 126.0 9,746,961 43.5 226,504,825 11.4 1990 152,099 76.9 12,938,071 32.7 250,410,000 10.6 2000 251,377 65.2 15,982,378 23.5 274,634,000 9.7 2010' 357.200 42.1 18,978,400 18.7 308,936,000 12.5 2020' 457,700 28.1 21,807,100 14.9 335,805,000 8.7 *Estimates on County and State population use medium estimates of population growth. Source: Collier County, Florida; Bureau of Census; and the University of Florida, College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies. {4399/09lODI06942.00Cv6} A-2 . Agenda Item No. 100 September 11, 2007 Page 119 of 140 Most of the growth of Collier County is due to migration. As of April 1, 2005, the estimated median age of the County's population was 44.5 years according to the 2006 Florida Statistical Abstract, University of Florida. The majority of the population is over the age of 18, with the age category 35-54 comprising 25.25% of the overall population. COLLIER COUNTY EMPLOYMENT BY MAJOR INDUSTRY September 30, 2006 lndustrv Firms Employee Count(1) Hotels and Other Lodging Health Care and Social Services Professional and Business Services Finance, Insurance and Real Estate Arts, Entertainment and Recreation Services Services - Other Services 60 696 2,236 1,461 202 1.027 5,682 4,359 12,038 14,958 6,819 4,708 4.318 47,200 Eating and Drinking Places Food Stores Auto Dealers and Service Stations Home Furniture and Furnishings Retail Trade - Other Apparel and Accessory Stores General Merchandise Stores Building Hardware and Garden Retail Trade, Other 584 136 205 161 504 263 32 112 1.997 8,642 4,331 2,763 1,011 2,732 1,898 2,502 ~ 25,971 Federal Government State Government Local Government Government 20 38 23 81 667 794 11.081 12,542 Agriculture, Forestry and Fisheries Construction Manufacturing Transportation, Communication and Public Utilities Wholesale Trade Mining Other 97 1,670 266 3,696 16,411 2,914 326 460 ~ 2.825 3,392 2,648 ~ 29.121 Totat ~ ~ (1) Average number of people employed in 2006 Source: Collier County Finance Department; Ftorida Department of Labor & Employment Security; Bureau of Labor Market Information ES-202 Report {4399/09100106942.DOCv6} A-3 Agenda Item NO.1 00 September 11, 2007 Page 120 of 140 COLLIER COUNTY EMPLOYMENT (1996-2005) State of County Florida labor Unemployment Unemployment Year Force Employment Unemployment Rate Rate 1996 83,140 78,316 4,824 5.8 5.1 1997 87,526 83,115 4,4 11 5.0 4.8 1998 92,044 88,224 3,820 4.2 4.3 1999 94,862 91,342 3,250 3.7 3.9 2000 100,339 96,826 3,513 3.5 3.6 2001 112,616 108,201 4,415 3.9 4.8 2002 117,278 112,118 5,160 4.4 5.5 2003 131,993 125,822 6,171 4.7 5.3 2004 138,036 132,610 5,426 3.9 4.7 2005 144,344 139,794 4.550 3.2 3.8 Source: U.s. Department of Lahor, Bureau of Labor Statistics; Division of Employment Security, Department of Commerce, State of Florida; and Florida Department of labor and Employment Security, Bureau of Labor Market Information; 2006 Florida Statistical Abstract, University of Florida. BUILDING PERMIT ACTIVITIES IN COLLIER COUNTY (1996-2005) Single Multi- Residential Year Family Units Familv Units Valuation(l) 1996 2,318 2,585 447,563 1997 2,718 3,324 567,883 1998 2,804 4,040 826,199 1999 3,765 3,777 931,599 2000 4,065 3,905 1,188,310 2001 3,878 4,280 1,093,852 2002 4,l73 3,109 1,113,547 2003 3,376 2,444 977,445 2004 4,202 2,719 1,487,546 2005 4,052 2,570 1,655,669 (1) Valuation in thousands of dollars. Source: 2006 Florida Statistical Abstract, University of Florida; Years 1996 through 2005; University of Florida Bureau of Economic and Business Research, Building Permit Activity in Florida. {4399/09/00 l06942.DOCvG} A-4 Agenda Item No. 100 September 11 , 2007 Page 121 of 140 Agriculture Agriculture is a dominant factor in the economy of the County. Rainfall averages about 52 inches annually with most of the precipitation occurring during the late spring and summer. The high yearly rainfall and year-round mild temperatuIe enable agriculture to be a productive sector of the County economy. The agricultural indusny represents seven percent of the workforce. Farming activities are located approximately 40 miles inland primarily centered around the community of Immokalee. Major crops include tomatoes, peppers, cucumbers, melons and citrus. Beef cattle are also a significant farming commodity. Tourism Tourism is a major factor in the economy of the County. Visitors to the County enjoy its Gulf of Mexico beaches, golf, tennis and other attractions. Everglades National Park, the United States' only subtropical National Park, located near Naples, comprises a substantial portion of the County. Collier- Seminote Park and Corkscrew Swamp are also located nearby. Salt water fishing in the Gulf of Mexico, as well as fresh water fishing, makes the many lakes and waterways popular vacation spots. The County is regarded as one of the largest shelling areas in the United States. Transportation The County is served by U.S. Highway 41 (otherwise known as the Tamiami Trail) and Interstate 75, which tinks Naples to the east coast of Florida and intersects U.S. Highway 27, providing access to the Florida Turnpike. Interstate 75 also provides access to the County from the North. Greyhound Bus Lines connects the County to all points within the State. Air service is available at the Naples Airport owned by the Oty of Naples and covers an area of approximately 650 acres. The airport has two lighted 5,000 feet hard surfaced runways, each 150 feet wide. Commuter airlines offer regularly scheduled flights to Miami, Tampa and Atlanta. Air service at the Southwest International Airport near Fort Myers, 35 miles north of Naples, reaches many major cities. In addition, the County owns and operates three public airports: the Marco Island Executive Airport and the Immokalee and Everglades Oty Airparks. Educational System The County school system serves approximately 39,228 students in 58 schools. The public schools provide a varied adult education program and a special program for pre-school children. There are several private and parochial schools in the County offering classes from kindergarten through the twelfth grade. Edison Community College's main campus in Fort Myers, with a branch campus in Naples, offers technical training as well as college preparation for students. In August of 2003, Ave Maria University, a private Catholic University located within the County, began admitting students. The University provides a liberal arts education at the undergraduate and graduate levels. Although not tocated within the County, Florida Gulf Coast College, the tenth college in the State University System, is operating in Lee County, immediately north of the County. {4399/09/00106942.DOCv6} A-5 Agenda Item NO.1 00 September 11, 2007 Page 122 of 140 Medical Facilities Naples Community Hospital, a non-profit, private corporation provides health services to the residents of the County. It opened as a 50-bed facility in 1956, financed exclusively by contributions from members of the community. Since 1956, Naples Community Hospital has grown to encompass approximately 422,000 square feet and include two six-story towers that house Naples Community Hospital.s 408 licensed beds and patient care andllary services and a two-story support services wing located between the two towers. Hospital services are also provided in the Carpenter-Briggs Radiation Therapy Center located across the street from Naples Community Hospital, at the Golden Gate Urgent Care Center located in leased space approximately seven miles from Naples Community Hospital, and in several other outpatient facilities that provide urgent care, rehabilitation, wellness and infusion services, The Cleveland Clinic operates a hospital in the northern portion of the Counry. The Collier County Health Department operates in every community in the County under the direction of a licensed physician and with a staff of trained specialists, including public health workers, nurses, sanitarians and clinical psychologists. COLLIER COUNTY FINANCIAL AND ECONOMIC DATA (Fiscal Years 1997-2006) (Unaudited) Per Bank Fiscal Percent Capita Deposits Year PooulationO) Increase Income lOOO's)(1' 1997 202,903 2.7 30,906 3,463,731 1998 210.095 3.5 32,878 3,767,516 1999 219,685 4.6 34,830 4,102,784 2000 229,821 4.6 36,210 4,658,978 2001 251,377 9.3 38,916 5.153,782 2002 264,475 5.2 40,121 5,844.144 2003 284,918 7.7 41,269 6,788,764 2004 292,466 2.6 42,050 8,132,812 2005 306,186 4.7 41,513 9,473,131 2006 326,658 6.7 42,846 10,664,794 (1) Florida Bankers Association. N/A ~ Data not currently available Source of information for Fiscal Years 1997-2005: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 2006. Source of information for Fiscal Year 2006: Collier County Finance Department {4399/09/00106942.DOCv6} A-6 Agenda Item No. 100 September 11. 2007 Page 123 of 140 Assessed Valuation The following table shows the assessed value and taxable value for operating millage in each of the past ten Fiscal Years. TOTAL ASSESSED AND TAXABLE VALUE IN COLLIER COUNTY (Fiscal Years 1997-2006) (Unaudited) Ratio of County Taxable County Taxable Taxable Value Fiscal Value Real Value Personal Total Total To Total Year Property Only Property Onlv Taxable Value{l) Assessed Value(2) Assessed Value 1997 $18,547,873,169 $981,119,415 $19,529,075,510 $23,436,330,545 83.33% 1998 20,304,971,514 1,037,538,724 21,342,594,299 25,777,151,470 82.79 1999 23,271,327,045 1,150,774,033 24,422,201,235 29,830,939,079 81.86 2000 26,493,401,264 1,248,512,604 27,742,021,485 33,902,799,963 81.82 2001 32,057,961,136 1,336,930,733 33,395,002,460 41,333,321,441 80.79 2002 38.085,169,570 1,405,140,367 39,490,423,314 49,671,844,946 79.50 2003 44,492,425,404 1,493,184,997 45,985,727,314 57,761,717,617 79.60 2004 49,786,659,813 1,476,025,768 51,262.812,810 64,236,986,518 79.80 2005 59,841,655,973 1,600,022,627 61,441,821,529 78,249.901,963 78.52 2006 75,240,488,616 1,799,212,175 77,037,903,134 100,200,750,807 76.88 (1) These figures include Centrally Assessed property. (2) Just Value is the Market or Assessed value. From this you subtract exemptions, classified agricultural property and capped homestead value to arrive at taxable value. Source: Collier County Property Appraiser's Office. [Remainder of page intentionally left blank] {4399/og/00 I06942.DOCv6} A-7 Agenda Item No. 100 September 11. 2007 Page 124 of 140 The following table contains the property tax rates for the Fiscal Years 1997 through 2006. COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS'" (Fiscal Years 1997-2006) (Unaudited) COLLIER COUNTY OTHER Spedal Debt Capital Fiscal General Revenue Service Projects School Independent Year fJmQ EYllil Funds fJmQ Iillill !2iilli!;l Districts Total 1997 3.7266 0.7567 0.0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 0.7604 0.0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 0.6689 0.0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 0.6419 0.0355 0.0000 4.1860 7.7661 1.4654 13.4175 2001 3.5050 0.6624 0.0318 0.0000 4.1992 7.7334 1.4607 13.3933 2002 3.8797 0.6238 0.0257 0.0000 4.5292 7.1464 1.38]3 13.0569 2003 3.8797 0.6182 0.02]6 0.0000 4.5195 6.9192 1.3554 12.7941 2004 3.8795 0.8885 00000 0.0000 4.7680 6.5310 1.3562 12.6552 2005 3.8786 0.8831 0.0000 0.0000 4.7617 6,2223 1.3562 ]2.3402 2006 3.8785 1.03]8 0.0000 0.0000 49103 5.9776 1.3423 12.2302 (1) Basis for property tax rates is 1 mill per $1,000 of assessed value, Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source of information for Fiscal Years 1997-2006: Collier County Comprehensive Annual Financial Report for Fiscal Year encUng September 30,2006. [Remainder of page intentionally left blankl (4399109100106942.DOCv6} A-8 . Agenda Item No. 100 September 11, 2007 Page 125 of 140 Florida Retirement System The County participates in the Florida Retirement System (the "System" for purposes of this subsection only), a cost sharing, multiple-employer public employee retirement system, which covers substantially all of the full-time and part-time employees. The System is administered by the State of Florida and provides two retirement plans from which eligible employees can choose, the Pension Plan (defined benefit) and the Investment Plan (defined contribution). Benefits under the plan vest after six years of service. Employees who retire at or after age 62 (age 55 for special risk employment categories) or 30 years of service (25 years for special risk employment categories), with six years credited of service, are entitled to an annual retirement benefit, payable monthly for life. The System also provides for early retirement at reduced benefits and death and disability benefits. These benefit provisions and all other requirements are established by Chapters 112 and 121, Florida Statutes. Pension costs for the County, as required and defined by state statute, ranged between 9.85 percent (regular risk) and 20.92 percent (special risk) of gross salaries for the fiscal year ended September 30, 2006. For fiscal years ended September 30, 2006, 2005 and 2004, the County contributed 100 percent of the required contributions. These contributions aggregated $22.1 million, $18.4 million and $17.4 million respectively, which represents approximately nine percent of covered payroll for each such fiscal year. A copy of the System's June 30, 2005 annual report can be obtained by writing to the Division of Retirement, Research, Education and Policy Section, 1317 Winewood Boulevard, Tallahassee, Florida 32315-9000, by phoning (866) 738-2366 or by accessing their internet site at www.dms.myflorida.com. Oilier Postemployment Benefit Plans In accordance with Section 112.0801, Florida Statutes, because the County provides medical plans to employees of the County, and their eligible dependents, the County is also required to provide retirees the opportunity to participate in the group employee health plan. Although not required by Florida taw, the County has opted to pay a portion of the cost of such participation for certain retired County employees. This post-retirement benefit plan provides medical coverage to retired employees of the County and their eligible dependents (the "Plan"). As with all governmental entities providing similar plans, the County will be required to comply with the Governmental Accounting Standards Board's Statement No. 45 - Accounting and Financial Reporting by Employees for Postemployment Benefit Plans other than Pension Plans (GASB 45) no later than its fiscal year ending September 30, 2008. The County has historically accounted for the annual premiums associated with its Plan, including the post- retirement benefit plans of its constitutional officers (I.e., the Sheriff, the Clerk of Courts, the Property Appraiser, the Supervisor of Elections and the Tax Collector), as part of its annual budget. GASB 45 applies accounting methodology similar to that used for pension liabilities (GASB 27) to other postemployment benefits ("OPEB") and attempts to more fully reveal the costs of employment by requiring governmental units to include OPEB costs in their financial statements. While GASB 45 requires recognition and disclosure of the unfunded OPEB liability, there is no requirement that the liabillty of such plan be funded. Retired employees of the Board who have at least 60% of eligible accrued sick leave remaining at the time of retirement and have completed 15 years of continuous service with the Board would be eligible to receive a 50% to 100% subsidy toward the cost of coverage under the active plan. The retiree must retire from the County, be at least 55 years of age or have completed 30 years of service under FRS (4399/09/00106942.DOCv6) A-9 Agenda Item No. 100 September 11, 2007 Page 126 of 140 and be eligible to receive an FRS benefit with no break in time. Current retirees are not eligible for the subsidy. For the fiscal year ended September 30, 2006, there were two participants entitled to subsidies in this program, with a total cost of $2,925 to the Board. Retirees who are not eligible to receive the subsidy are eligible to participate in the active $500 deductible plan by paying the active rate. Retirees are eligible for this benefit if they have attained age 62 and have 6 years of service or have at least 30 years of service. Employees eligible for a reduced benefit under FRS prior to age 62 are also eligible to participate in the medical plan. While the County's share of the medical premiums are funded from the appropriate funds of the County, the Board and the constitutional officers have control over the respective percentage of funding policies, relating to their respective retired employees. As of September 30, 2006, the Board of County Commissioners had 1,825 employees, the Sheriff had 1,393 employees, the Oerk had 266 employees, the Property Appraiser had 58 employees, the Supervisor of Elections had 21 employees and the Tax Collector had ]33 employees. In anticipation of complying with GASB 45, the County engaged Willis Inc. (the "Actuary"), to actuarially review the Plan with respect to County employees and provide the County with a formal written valuation (the "GASB 45 Valuation"). The Actuary will calculate the County's Accrued Actuarial Liability related to the Plan prior to the date of the GASB 45 Valuation, which liability will approximate the present value of all future expected postretirement medical premiums and administrative costs which are attributable to past service of those retired and active employees. The Actuary will also calculate the Annual Required Contribution for the Plan, which is the portion of the total Accrued Actuarial Liability allocated to the current fiscal year needed to pay both the normal costs (current and future benefits earned) and to amortize the unfunded accrued liability (past benefits earned but not previously provided). The calculation of the Accrued Actuarial Liability will be based upon a number of assumptions, including average retirement age, life expectancy, healthcare costs per employee, and insurance premiums, many of which are subject to future economic and demographic variations. The Actuary is not expected to deliver its report before September 30, 2007. Both the Board and the constitutional officers will use the Actuary for the calculation of the OPEB liability. Prior to its formal engagement for the GASB 45 Valuation, the Actuary provided the County with a preliminary calculation of OPEB liability under the Plan for Board employees only. A copy of this preliminary calculation and accompanying report is available for the County and may be obtained by contacting the Board at the following address: Collier County Risk Management and Insurance, 3301 East Tamiami Trail, Naples, Florida 34112. Pursuant to the preliminary report, the County's Accrued Actuarial Liability related to the Plan as of May 1, 2006 was projected to be approximately $2.7 million (assuming the Annual Required Contribution is unfunded), and the Annual Required Contribution ("ARC) was approximately $450,000, assuming the unfunded actuarial liability at transition is amortized over 30 years, which is the maximum allowed by GASB 45, as a ]evel percent of projected salary. Actual results are expected to differ from the results of the preliminary calculation as the employees of the constitutional officers were not included in the preliminary report. While the Countywide OPEB liability has not been calculated at this time, the discussion of funding the liability with respect to each of the employee groups described will occur during the Fiscal 2008 budget process. {4399/09/00106942.DOCv6} A-I0 Agenda Item No. 100 September 11, 2007 Page 127 of 140 APPENDIX B FORM OF THE RESOLUTION {4399/09/00106942.DOCv6} Agenda Item No.1 OD September 11, 2007 Page 128 of 140 APPENDIX C AUDITED FINANCIAL STATEMENTS OF COLLIER COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006 {4399/09/00106942.DOCv6) Agenda Item No.1 OD September 11, 2007 Page 129 of 140 APPENDIX 0 SPECIMEN BOND INSURANCE POLICY {4399/09/00106942.DOCv6} {4399/09/00106942.DOCv6} Agenda Item No. 100 September 11, 2007 Page 130 of 140 APPENDIX E FORM OF BOND COUNSEL OPINION . Agenda Item No. 100 September 11, 2007 Page 131 of 140 APPENDIX F FORM OF CONTINUING DISCLOSURE CERTIFICATE (4399/09/00 l06942.DOCYG) Agenda Item NO.1 00 September 11, 2007 Page 132 of 140 FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by Collier County, Florida (the "Issuer") in connection with the issuance of its $ Limited General Obligation Bonds (Forest Lakes Roadway and Drainage), Series 2007 (the "Bonds"). The Bonds are being issued pursuant to Reso]ution No. 2006-242 adopted by the Board on September 12, 2006 (the "Referendum Resolution") and Reso]ution No. adopted by the Board of County Commissioners of the Issuer on September --1 2007, as amended and supplemented from time to time (the "Reso]ution"). SECTION 1. PURPOSE OF THE DISCLOSURE CERTIF]CATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Central Post Office" shall mean any centra] filing location described in Exhibit B hereto and any additional central filing location hereafter designated by the Securities and Exchange Commission as a location that satisfies the Rule. "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent designated in writing by the Issuer and which has rued with the Issuer a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriters" shall mean the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository and shall include any other entity authorized and approved by the Securities and Exchange Commission to act as a central post office for purposes of complying with the Rule. [4399/09/OO107406.DOC vS} F-l T Agenda Item No. 100 September 11, 2007 Page 133 of 140 "Rule" shall mean the continuing disclosure requirements of Rule 1502-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state information depository for the purpose of the Ru1e and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no State Repository. SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each April 30th, commencing April 30, 200S with respect to the report for the 2007 fiscal year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date provided, further, in such event unaudited financial statements are required to be delivered as part of the Annual Report in accordance with Section 4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). 11 the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Ruiemaking Board, and (ii) the State Repository, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository, the State Repository, if any; provided, however, if the filing is to be made through the Central Post Office pursuant to Section 6 below, the Dissemination Agent need only determine the name and address of the Central Post Office; and (ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories, or the name of the Central Post Office in the event the filing is made through the Central Post Office, to which it was provided. SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promuigated to apply to governmental entities from time to time by the Governmenta] Accounting Standards Board. 11 the Issuer's audited {4399/09/00107406.DOCvS} F-2 Agenda Item No. 100 September 11, 2007 Page 134 of 140 financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement dated . 2007 (the "Official Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report when they become available; and (h) updates to the following historical financial information and operating data presented in tabular form in the Official Statement entitled "COLLIER COUNTY, FLORIDA PROPERTY TAX RATES- ALL DIRECT AND OVERLAPPING GOVERNMENTS," "FOREST LAKES MSTU - PROPERTY TAX RATES," "COLLIER COUNTY, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY," "FOREST LAKES MSTU - ASSESSED VALUE OF PROPERTY," "COLLIER COUNTY, FLORIDA PROPERTY TAX LEVIES AND COLLECTION," "FOREST LAKES MSTU - PROPERTY TAX LEVIES AND COLLECTIONS" and "PRO FORMA DEBT SERVICE COVERAGE." The information provided under Section 4(h) may be included by specific reference to other documentsf including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories, either directly or through the Central Post Office, or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. REPORTING OF S]GN]F]CANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: 1. principal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on the debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of the holders of the Bonds; S. Bond calls (other than scheduled mandatory redemption); 9. defeasances; 10. release, substitution, or sale of property securing repayment of the Bonds; 11. ratings changes; and 14399/09/00107406.DOCv5} F-3 T Agenda Item No. 100 September 11, 2007 Page 135 of 140 12. notice of any failure on the part of the Issuer to meet the requirements of Section 3 hereof. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall promptly determine if such event would be material under applicable federal securities laws; provided, however, that any event under clauses 1, 4, 5, 6, 10, 1] and 12 above shall always be deemed to be material. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly me a notice of such occurrence with (i) each National Repository or the Murricipal Securities Ru]emaking Board, and (ii) the State Repository. SECTION 6. FILING THROUGH A CENTRAL POST OFFICE. Any filing made or notice provided by the Issuer in accordance with this Certificate to a Central Post Office by electrorric or other means shall satisfy the requirements of this Certificate with respect to filings required to be made to all National Repositories and the State Repository, and the Issuer shall not be required to make separate filings with the National Repositories and the State Repositories, unless the Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 2, 2004. SECTION 7. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under this Disclosure Certificate shallterrninate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the final maturity of the Bondsf the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). SECTION S. D]SSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 9. AMENDMENT; WANER. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a}, 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and {4399109/00107406.DOCv5} F-4 Agenda Item No. 100 September 11, 2007 Page 136 of 140 (c) The amendment or waiver either (I) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (Dr in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5( c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 10. ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any fu ture Annual Report or notice of occurrence of a Listed Event. SECTION 11. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution. SECTION 12. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION AGENT. The Oissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, induding the costs and expenses (induding attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. [Remainder of page intentionally left blank] (4399109/00107406.DOCv5) F-5 Agenda Item NO.1 00 September 11, 2007 Page 137 of 140 SECTION 13. BENEF]CIARIES. This Disclosure Certificate shall inure so]ely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and holders and Beneficial Owners from time to time of the Bonds, and shaH create no rights in any other person or entity. Dated: .2007 COLLIER COUNTY, FLORIDA By: Chair of the Board of County Commissioners {4399/09/QOI07406.DOCv5! F-6 Agenda Item NO.1 00 September 11, 2007 Page 138 of 140 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Collier County, Florida Name of Bond Issue: Limited Genera] Obligation Bonds (Forest Lakes Roadway and Drainage), Series 2007 Date of Issuance: .2007 NOTICE ]S HEREBY GNEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4(b) of the Continuing Disclosure Certificate dated as of ,2007. The Issuer anticipates that the Annual Report will be filed by Dated: COLLIER COUNTY, FLORIDA By: N arne: Title: {4399/09/00107406.DOCvS} F-7 r Agenda Item No. 100 September 11, 2007 Page 139 of 140 EXHIBIT B Any filing under this Certificate to any of the Repositories may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as the "Centra] Post Office" as such term is defined in the Certificate and as provided at htlp://www.disclosureusa.orll'uniess the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. Nationally Recognized Municipa] Securities Information Repositories approved by the Securities and Exchange Commission: Bloomberg Municipal Repository 100 Business Park Drive SkiI]man, NJ OS55S Phone: (609) 279-3225 Fax: (609) 279-5962 h Ul.:/Iwww.bloomber~.com/markets/rates/muni contacts.html Email: Munis<1i:Bloombenr.com FT Interactive Data Atln: NRMSIR ] 00 William Street, 15'" Floor New York, NY 1003S Phone: (212) 771-6999 Pax: (212) 771-7390 http://www.ftid.com Emai]: NRMS]R@interactivedata.com DPC Data Inc. One Execu live Drive Fort Lee, NJ 07024 Phone: (201) 346-0701 Fax: (201) 947-0107 l1ttp:/lwww.dpcdata.com Email: nrmsir@dpcdata.com Standard & Poor's Securities Evaluations, Inc. 55 Water Street, 45th Floor New York, NY 10041 Phone: (212) 43S-4595 Pax: (212) 43S-3975 l1ttp:/lwww.ctisc1osuredirectorv.standardandpo ors.com Email: nrmsirrepositorv@>sandp.com A list of names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any point in time is available by visiting the SEC's website at www.see.~ov/info!municipClllnrmsir.htm. {4399/09/00 I 07406.DOCv5} llemNumber: Item Summary: Meeting Date; Page 1 of ] Agendil Ilem No. 100 September 11, 2007 Page 140 of 140 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D This :temlO be heard on or about 1100a.rn A Resolut:on ot the Board nf COl!nty Commissioners of Collier County, Fiorida, acllng as the Governing Body 0' Collier County. Florida and Ire Foresllakes Roadway and Drainage Munie'pal Service Taxing UIlII, authori;::ingtheissuanceolnotexceedillgS6250,000insggregateprinciDalamoun1of Collier Coun1y, Florida limited General Obllgaflon Bonds (FDrest Lakes Rotldway and Drainage Municipal Service Taxirlg Urlit), Series 2007, to filliilrlCe tIle costs of certain roadway lightmg, roadway-relaled drainage and roadway restorationwlthm Ule Forest l.akes MSTU and 10 pay certain costs and expenses incurred with the issuance of the Series 2007 Bonds; Providing lor the pavmen~ of said BondS from ad valorem taxation levied III an amount wh,ch shatl rlotexceed four mills onall taxabie property Wit hinlhe bOUl1daries Of the MSTl~ Making cel1ain CO'Jen3nts and agreements in cortr.ection therewith: Prov,dlng tor the rights ot the holders of such bonds. aUlhoriz,ng thf.' award")g of salc Serre~ 2007 Bonds purs\.lantto a public bid: Deiegat'ng certain Cluthorlt,' 10 the Chair for the aware of the Series 2007 Bonds and Hle approvat oflhe terms and details 01 said Series 2007 Bonds. Authorizing the publicatron of a notice o' sale for the Serle~ 2007 Bonds:Jr a surnmary thereof; Appolntlngth!' paY'llg agentan-: regrstfarto'sald 3erI8:-2::107 Bonas, AuthorlZlnglhe dlS1riDUliun ota preiiml'.ary offlclai statement anctrlP e~ecutlon and dplivery D; anofteClal st8temontwIlh respect IOlne Series 2007 Bonds Au\ho;lzlIlg the execution and delivery oia contllluing dlsclDsure certificatE' ""t~l respect Ie the SE'ries 2007 50nds, IlcllnQrizlrlg mUnicipal oond insurance IQr tilt Senes ;JfJ07 Bond!: and pr()vidln~ ar eftec!;,,- (Tate (Mi~€ Srny~nwski, Director. rJfflC(' D' Mclrl<lg0rnem and Budget, ,j,/11I2UO-" 9.000GAM Date Approved B~' OMS Coordinator Administrativc.Scrvlc~s Applical;onsAnalvsl tntormation Techn"lOgy 9f4!2007 ~;~[l PM 0'11'" Approved By Mic;hae'Smykowsk; County Mal1~g~r's affic;e Management & Budget D,r(>ctor Office 01 MZlflZl\lem"n\ & Budget 914120074,28 PM DJto Approved B) James\'. Mudd Board "fLounty Commissioners County Manager County M<lnag2r's Office 914/20075:13 PM fil",'llr.\A(J"'nrl"T"'~I\J::vnnrt\l'tl't_I;;"""f"'mh"'r%?()11 %?O?007\ 1 0 %')OrrH TNTV%?OMA NAG . Q/<;tJO/)7 Agenda Item No. 10E September 11, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to award contract #07-4176, "South Regional Library" to DeAngelis Diamond Construction for the construction of the South Regional Library, project 54003, in the amount of $6,519,813 and approve the necessary commercial paper loan and budget amendments. OBJECTIVE: To gain approval from the Board of County Commissioners award contract #07-4176, "South Regional Library" to DeAngelis Diamond Construction for the construction of the South Regional Library, project 54003, in the amount of $6,519,813 and approve the necessary commercial paper loan and budget amendments. CONSIDERATION: On July 13,2007, formal bid invitations were posted in the lobby of Building G-Purchasing and distributed to one hundred forty two (142) firms that provide these services. On August 15, 2007, bids were received and opened from eight (8) firms but one was deemed non-responsive due to missing data. Upon the review and evaluation of the bids, the Facilities Management Department determined that the lowest, "qualified and responsive" bidder is DeAngelis Diamond Construction. DeAngelis Diamond Construction Brooks and Freund Gates McVey Butz Institutional Construction Core Construction Vanderbilt Bay Construction Kraft Construction . Lodge Construction $6,519,813.00 $6,614,000.00 $6,682,913.00 $6,903,817.00 $7,039,013.00 $7,095,326.00 $8,011,388.00 The direct project costs are as follows: Land / Real Estate Design / Permitting Construction - Site Work Construction - Building Commissioning (furniture, etc.) Other Professional Services Contingency TOTAL The current project budget is $10,245,500: Grant Commercial Paper (site work) Commercial Paper (budgeted) Impact Fees TOTAL - Total project shortfall Estimate $700 $1,238,000 $2,545,000 $6,716,300 $900,000 $400,000 $700,000 $12,500,000 Available Funds $500,000 $2,545,000 $5,969,600 $1.230,900 $10,245,500 $2,254,500 Agenda Item NO.1 OE September 11, 2007 Page 2 of 11 Construction is planned to begin in the first quarter of fiscal year 2007/8 with completion about twelve months later. The Site Development Plan (SDP) was approved and site work is well over half done (Kraft Construction was approved by the Board on December 12, 2006, agenda item 10K). The building permit application was submitted in December 2006 and should be available for pick up by a licensed general contractor such as DeAngelis Diamond. When the South Regional Library is ready to open, its operational costs would be equivalent to approximately the budget of a regional library or of two smaller, neighborhood branches. No additional materials are budgeted for the South Regional Library. Materials will be purchased from the Library's Impact Fee Fund since these moneys pay for growth boo ks. FISCAL IMPACT: In FY 2008, a $2,254,500 budget amendment will be needed to transfer budget from the County Wide Capital Projects Fund (301) reserves into the South Regional Library project (54003). A net Commercial Paper Loan of $5,969,600 is required for the construction of the South Regional Library; with fees and pre-paid interest a gross loan not to exceed $6,025,000 is recommended. Based on a 15 year commercial paper loan of $6,025,000, the estimated debt service payments for a full year for FY 2008 will be $625,300. -,"..." GROWTH MANAGEMENT IMPACT: This project will help maintain 0.33 square feet per capita Level of Service Standard in support of the Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners 1) awards contract #07-4176, "South Regional Library", project 54003, to DeAngelis Diamond Construction in the amount of $6,519,813, 2) authorizes the Chairman to sign the agreement, 3) authorizes the issuance of a Commercial Paper loan in the amount of $6,025,000, 4) authorizes the execution of the attached Commercial Paper Loan Resolution, and 5) approves the necessary budget amendments. .,...~ Item Number: Item Summary: Meeting Date: Page] of 1 Aaenda Item No_ 10E Septemt)er 11. 2007 PagF 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1lJE Pecommendation \0 award contract IJ07 -.:1176 South Regional Library to DeAngelis Diamond Construnion fmUle construction of the Soutb Regional Library. proiect ':>4003. in the amollnt 01SG.S19.!l13andarprovetnellecessarycOrTlmercialpapet I08r> <lr10 budge: amendmenls iHank Junes, Senior Pr::Jj€'ct Marlager facilities Management) 9/11120079 00 OOAM Prin~ipal Proj<!~l Mannger Dale Prepared By Ron HO\fell Administr~ti\feServices Facilities Management 6i201200711:20:00AM Approved By Skip Camp, C.FM. Facilities ManagemenlDirector Date AdminislrativeServices FacititiesManagemant 8/21/20079:11 AM Approved By PurchllsingAgent Date Scott.lohnson AdminiSlrative$ervice& Purchasing 812112007!'UOAM Mike Hauer Acquisition Mana[l'u Date Approved By AdmInistrative Ser~ices Purchasing B121i200710,04AM Marilyn Mattl,e& Library Assisl,lnt OirnclOr Date Approved By PuollcServicc5 Library Si21i200711,22AM SteveCarnoll f'urchasin<)IGcm-'ral SvcsOireclor Date Approved fly f,{lmin,strati,,,,Servlces Purclwsing llr2JI~007 11.14AM Marla Ramsey Pubhc Services Admi",slralor Dnte Aprroved Dy PublicServiccs PUblic Services Admin 8i29:200712:40PM Approved By Len Gold{'n Price f\dmnHstrativeServices AdnlinistrativeSerVlcc;Adrninlstrator [Jate Adnlinislr.1liv,. ",erv,ccsAdrnin 8/1'3!2007 1 05 P~1 Applit:ationsAnalyst Date Approved II}' OMS Coordinator Admln,strative Ser~ir;cs InlomlatlonT"chnc.lo!JY 8/2912007304 PM Susan Usher Senior ManagementiSudgetAnalyst Date Aprrovcd By County Manager's Office Olflce of ManapemHnl & Buclgel 8/2912007 J:20 PM Michael $mykowski MlII1agem"nt& 8udget Direclor Date Approved By County Mana9Hr's Otti~e OfticeotManaq..ment& 8udget 915120071c27PM Approved D)' JamesV, Mudd 80ard 01 County Comn)isg;oners County Manager Dale County Manaper's OffIce 915120074:47 PM file:lIC:\AgendaTest\Export\88-September%20 1 ],0/0202007\ 10.%20COUr..'Tyo/020MANAG.. 91512007 Wr"'-rr:-~c:o ~g~:!i:i(D N.oi:j ,g?~ o . ir2 [; 15 Z=%:G~O- ...... ~::IO::: III t: CD g>'g II) ~ 2.oaO::;ijEi ~ EZ ID Z -02 ~ 53 g- ~ JlCJJ a. -", ro .0 .:J "' o o 6> i2&~ ~'3E bJ5-g " 0 0 o~~ - - ~ IDo<C o o 1:5 2 " o o p 0; 1)1:; ~0b &~0 ~~ ~ " _ 0 o " till.. 0 '~2 2 ~ ro ro 0.00 , , , ~ ~ R "'''' <3,:, 1Il ZZ :E :; .. ~ ~ u 0 . 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C 0 . 0 ID .-2 .!!l '~ 0. ~ ~B 0 Aaenda Item NO.1 OE September 11. 2007 Page 6 of 11 RESOLUTION NO. 2007-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $6,025,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE COSTS AND EXPENSES RELATING TO THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF THE NEW SOUTH REGIONAL LIBRARY, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALL Y AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions ofJaw. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. Agenda Item NO.1 OE September 11, 2007 Page 7 of 11 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf, "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Manager" means the County Manager of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (I) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented, "Loan No. A-39" means the Loan designated as "Loan No. A-39" the proceeds of which shall be used to finance a portion of the costs of Project A-39. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 Ag9nda Item NO.1 OE September 11, 2007 Page 8 of 11 "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law, "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-39" means the costs and expenses relating to the acquisition, construction and equipping of the new South Regional Library, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6,04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder,lI "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS adopted pursuant to the provisions of the Act. SECTION 3. declared that: FINDINGS. It is hereby ascertained, determined and (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the 3 . Agenda Ilem NO.1 OE September 11, 2007 Page 9 of 11 County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 39. (D) The County desires to borrow an amount not to exceed $6,025,000 in order to [mance a portion of Project A-39. (E) The County hereby determines that the proVISIOn of funds by the Commission to the County in the form of Loan No, A-39 pursuant to the terms of the Loan Agreement and the financing of Project A-39 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (F) Loan No, A-39 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (G) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-39, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-39 in the aggregate amount of not exceeding $6,025,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the co